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AGREEMENT WITH NICHOLS CONSULTING ENGINEERS, INC.
FOR DESIGN PROFESSIONAL SERVICES
FOR
CITYWIDE SURFACE TREATEMENT PACKAGE 6-B
This 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 Nichols Consulting Engineers, Inc., a corporation, (“CONSULTANT”), whose address is 1003 W. Cutting Blvd, Suite 110, Richmond CA 94804:
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 SERVICES
The 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 CONSULTANT
CONSULTANT 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 CITY
CITY 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 - TERM
The 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 - PAYMENT
Payment 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 $820,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.
SECTION 6 - TERMINATION
Without 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 DOCUMENTS
All 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 - CONFIDENTIALITY
All 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 CONSULTANT
CONSULTANT 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 STATUS
It 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 - INDEMNITY
CONSULTANT 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 - INSURANCE
CONSULTANT 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 - NONASSIGNABILITY
Both 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 PROFESSIONAL
SKILL OF CONSULTANT
It 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 - WAIVERS
The 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 – SEVERABILITY
If 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 FEES
Attorney 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-DISCRIMINATION
CONSULTANT 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 - MEDIATION
Should 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 - LITIGATION
CONSULTANT 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 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
To CITY: City of San Mateo
Attn: Stephanie Piñon
330 W 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Nichols Consulting Engineers, Inc
Attn: Jenny Van Dyke
1003 W. Cutting Blvd, Suite 110
Richmond, CA 94804
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This 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 AGREEMENT
CONSULTANT 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 VENUE
This 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]
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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 CONTRACTOR
Matt Fabry
Director of Public Works
Date Margot Yapp
Its Authorized Agent
President
Date
APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
PROJECT DESCRIPTION
CONSULTANT’s proposed scope of services includes evaluating the condition of the pavement of the street segments, conduct surveys, perform geotechnical investigations, and recommend pavement rehabilitation solutions. CONSULTANT will prepare basis of design report, preliminary and final design plans, specifications and estimates for City to advertise the Citywide Street Rehabilitation 6B Project (Project). The following streets and limits are included in this scope of services:
Street Name From To Length
(ft)
Width
(ft)
03RD AVE W CRYSTAL SPRINGS S/S EATON E/S 884 44
03RD AVE W EATON E/S EL CAMINO REAL W/S 1,270 54
ALAMEDA DE LAS
PULGAS
41ST AVE (S/S OF INT) 39TH AVE (S/S OF INT) 1,008 46
ALAMEDA DE LAS
PULGAS
42ND SAVE 41ST AVE (S/S OF INT) 283 46
ALAMEDA DE LAS
PULGAS
42ND AVE LA CASA 510 46
ALLEY 24 PENINSULA AVE BAYSWATER AVE 550 18
ALLEY 24 BAYSWATER AVE START OF PCC 155 11
ALTA AVE ALAMEDA W/S END 470 24
AMHERST AVE CRYSTAL SPRINGS S/S FAIRFAX N/S 530 27
BALDWIN AVE EL CAMINO REAL E/S SAN MATEO 650 36
EL CERRITO AVE EL CAMINO REAL W/S CITY LIMIT 980 34 FALDA AVE ENSENADA WY W/S END 117 20
GRAMERCY DR EL CERRITO AVE N/S ERICSON/SANTA INEZ S/S 1,489 26 HACIENDA ST 22ND S/S 27TH N/S 1,852 28
HACIENDA ST 27TH N/S 28TH ST N/S 500 28
HIGHLAND AVE POPLAR E N/S PENINSULA S/S 2,690 36
MAPLE ST ARAGON S/S BARNESON N/S 1,620 37
MOUNDS RD GRAMERCY CUL-DE-SAC 388 30
NORFOLK ST S CYPRESS 2ND AVE 737 25
ORINDA DR 40TH AVE S/S 39TH AVE N/S 485 24
ORINDA DR 40TH AVE E S END 85 25
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Street Name From To Length
(ft)
Width
(ft)
PARROTT DR FRANKLIN ST W 3RD AVE W/S 300 46
SARATOGA DR SANTA CLARA S/S HILLSDALE S/S 642 52 SOUTH BLVD PALM AVE 16TH AVE N/S 1,078 53
SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT AND MEETINGS
1A) Project Kick-off Meeting / Progress Meetings
CONSULTANT will arrange a kick-off meeting with the City to initiate work on the project. The objectives will be:
•Review of the Scope of Work
•Establish Lines of Communication
•Establish Project Schedule and Milestones
•Define Design and Operation Criteria
It is critical to establish effective lines of communication with, and coordination amongst, the various stakeholders from the start to ensure the delivery of a high-quality project within budget and on schedule. In addition to City staff (Engineering, Maintenance, etc.), CONSULTANT will research and coordinate, as needed, with other agencies such as PG&E, AT&T, Caltrans, California Water Service and Westborough Water District, San Mateo Sewer, Stormwater and Wastewater, Schools, etc., to identify any potential conflicts, requirements, or design issues early to help minimize delays (and costs) later in the design process or during construction. At the Kick-Off Meeting, key deliverables for each Task and the Project Schedule would be reviewed and adjusted accordingly to meet City needs.
Throughout the project, CONSULTANT will be available to attend bi-weekly progress meetings with the City to maintain frequent communication and efficient decision making with the City. Bi-weekly meeting summaries will be prepared and submitted to the City that include completed activities summary, scheduled activities for next month, any issues identified from field review or data collection, updated project schedule, budget status, and other important project information identified in the kick-off meeting. The purpose of the progress meetings will be to identify and resolve any design or funding issues in a timely manner, present design alternatives and recommendations to City staff, and continue coordination with project stakeholders as necessary. Specific design submittal review meetings with City staff will be scheduled at each submittal milestone.
Task 1A Deliverables: Kick-off/Progress Meeting Agendas and Summaries 1B) Utility Coordination
As noted in the project Key Assumptions, CONSULTANT will share notification letters to applicable utility providers with a preliminary project schedule for street maintenance and rehabilitation, followed by planned treatment or excavation depth and approximate utility location information. This notification will occur at the time of project kick-off to allow utility providers to perform maintenance on their facilities prior to utility cut moratorium on the street paving areas and evaluate need for utility Design Professional Services 2024 Page 9 of 22
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adjustments/lowering.
CONSULTANT will document all utility coordination notifications, conversations, and meetings with utility contacts and information in a matrix format with dates of correspondence. CONSULTANT will also keep the City informed of any project delays related to utilities.
Task 1B Deliverables: Utility notification letters and utility contact matrix.
TASK 2 – PAVEMENT REHABILITATION DESIGN
2A) Pavement and C&G Condition Survey
CONSULTANT will perform a visual pavement condition survey of each street section based on distresses.
The surveys will generally cover the travel and parking lanes and serve the purpose of refining the appropriate pavement treatments and identifying any potential problematic subgrade or drainage issues.
The survey will note the presence of load related and environmental distresses as they pertain to developing appropriate pavement treatments. Potential base repairs will be identified, marked, and recorded using GPS based software. CONSULTANT scope of work and condition surveys do not address issues including but not limited to traffic, safety and road hazards, geometric issues, or short-term maintenance that should be performed (i.e., pothole that should be repaired).
A visual assessment of all C&G will be included to identify areas where drainage or the adjacent pavement has been compromised. Based on criteria established with the City, CONSULTANT will determine what level of curb and gutter replacement will be pursued for design plans and documents.
If damaged C&G areas are more extensive than anticipated, it may require additional time to complete the surveys and CONSULTANT will notify the City. A summary table of repair candidates will be prepared with pertinent information including street, location, length, and picture, for City review and confirmation.
Task 2A Deliverables: Summary table of curb and gutter repair candidates. 2B) Pavement Coring
CONSULTANT will collect pavement section core samples (4-inch to 8-inch diameter cores) on all rehabilitation and potential reconstruction street sections at locations determined by CONSULTANT.
CONSULTANT current fee estimate assumes up to 73 core locations that CONSULTANT estimates will take up to 10 days to complete. For each core sample, CONSULTANT will measure and record the thickness of asphalt and concrete encountered in the pavement structural section, including the presence of any pavement reinforcing fabric.
Bulk samples of subgrade will be obtained in support of potential street reconstruction in accordance with the Key Assumptions. Up to 21 bulk samples (at least one bulk sample on each pavement section for rehabilitation) of subgrade materials will be tested for R-value, moisture content and Atterberg Limits (plasticity index, PI). The AB thickness will be measured/estimated in accordance with the Key Assumptions. CONSULTANT will arrange for traffic control services during pavement coring, which will conform to the latest standards contained within the MUTCD Part VI and the Caltrans Traffic Manual Chapter 5 “Traffic Control for Construction and Maintenance Work Zones,” as well as any local requirements that exist. CONSULTANT will also obtain an encroachment permit for pavement coring if required. CONSULTANT will also develop a map showing proposed coring locations for the City to review and to facilitate the encroachment permit if required.
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Task 2B Deliverables: Map of proposed coring locations. 2C) Pavement Deflection Testing
CONSULTANT will perform non-destructive pavement deflection testing in accordance with California Test Method (CTM) 356 to evaluate the structural capacity of the existing pavement section on the subject arterial and collector streets to be rehabilitated. The FWD is a conceptually simple yet powerful device for measuring the response of pavements under simulated wheel loads and estimating their structural capacities. All travel lanes of each arterial and collector street section will be tested at approximately 100-foot intervals.
Approximately 260 data points will be collected and CONSULTANT estimates that the FWD testing will take 1.5 days to complete. CONSULTANT will also include deflection testing in encroachment permits referenced under Key Assumptions, similar to coring work. Additionally, CONSULTANT will provide traffic control in accordance with the same standards discussed in pavement coring task. 2D) Pavement Design Recommendations
Using the data obtained in Task 2, CONSULTANT will perform pavement analysis and design services, and develop pavement maintenance, rehabilitation, and reconstruction recommendations for each street section. CONSULTANT will perform its analysis in accordance with the Caltrans Highway Design Manual and develop pavement structural section recommendations expressed in the form of a Traffic Index (TI) that will be provided by the City. CONSULTANT will develop recommendations including, but not limited to, the following:
•Surface Seal Applications: Slurry seal, Microsurfacing (Type II and Type III), Rubberized chip seal, combinations thereof
•Rehabilitation: Mill and Overlay, Cold-in-Place Recycling (CIR), Rubberized Hot Mix Asphalt (RHMA)
•Reconstruction (as needed): Hot Mix Asphalt (HMA) over AB, Full-Depth HMA, and FDR •Locations and treatments of failed pavement sections (base repairs) CONSULTANT will then summarize its recommendations in a pavement design memorandum to the City that, at a minimum, will include the following:
•Results of pavement condition surveys, deflection testing, coring, and laboratory testing •Description of testing procedures and analysis performed for the project •Recommended alternatives for rehabilitation and preventive maintenance CONSULTANT will submit an electric copy of its draft technical and basis of pavement design memorandum to the City for initial review. Preliminary design results will be presented to the City including facilitating a workshop that will be attended by the Public Works Director and Deputy Director of Public Work for acceptance prior to proceeding with detailed design work. Upon receipt of any comments from the City, CONSULTANT will then prepare its final technical and basis of pavement design memorandum, which will be signed and stamped by CONSULTANT. The final technical and basis of design pavement memorandum will then be provided to the City reflecting any comments on the draft technical Design Professional Services 2024 Page 11 of 22
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memorandum. CONSULTANT staff, including the project manager, lead civil project engineer, and principal engineers will also be available for up to two (2) additional strategy meetings to discuss pavement treatments, subgrade issues, costs, geometric considerations (e.g. drainage and cross-slopes) pavement performance and longevity, construction impacts, and utility constraints.
Task 2 Deliverables: Draft/final pavement technical and basis of pavement design memorandums, technical review workshop agenda and meeting summary, meeting agendas and summaries for up to two (2) strategy meetings.
TASK 3 – PLANS, SPECIFICATIONS & ESTIMATES (PS&E)
3A) Design Data Gathering
CONSULTANT will review relevant available data and records from the City as listed in Task 1 and stated Key Assumptions, and other sources that may be appropriate to support the preparation of project contract documents. These may include, but are not limited to, as-built street improvement and infrastructure plans, including any preliminary plans for future work that may conflict with this project.
The gathered information will be compiled and included in the base map used for design.
Available record data (e.g., utilities, right-of-way) used to prepare street base maps will account for utility lids or surface features within the roadway which may be affected by paving operations. CONSULTANT will conduct a field survey, using GPS based software to collect existing roadway features including roadway geometry from visual inspection, utility covers, typical cross-slopes at pedestrian crossings, striping and markings, and relevant traffic signage.
Record data for streets to have topographic survey will be shown in their approximate location. Utility depths from the GPR survey (Optional Task) and available as-builts will be included in the base map for streets to be reconstructed. Based on CONSULTANT review CONSULTANT will identify any data gaps or missing information and provide this information to the City for review and discussion. CONSULTANT will discuss with the City whether rehabilitation work must occur in the right-of-way, in order to save the City the cost and fees associated with obtaining encroachment permits, if at all possible.
Task 3A Deliverables: As needed encroachment permits, base maps (included in subsequent tasks) 3B) Topographic Survey
CONSULTANT’s Project Surveyor will complete monument/control recovery, field investigation and field surveys sufficient to prepare a topographic mapping product for select street locations and proposed curb ramp design locations, as stated under Key Assumptions. The mapping shall be compiled at an agreed upon scale with a 1’ contour interval and will be based on the City Datum.
The mapping area for Alameda de las Pulgas shall be a corridor along the street section between the existing back of walk to opposite back of walk, starting and stopping at the designated locations and including through the returns of the terminating streets. In the absence of an existing sidewalk, the survey will extend to 5 feet behind the curb or edge of pavement, or up to the first substantial barrier (wall, fence, etc.). Mapping will extend 25 feet beyond the curb return up each intersecting side street.
The topographic data to be collected is more specifically defined as:
•Cross-sections at 50’ intervals along with detailed surface topography and/or additional spot elevations as required defining the longitudinal and cross-slope grade breaks.
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•Surveyed locations for significant surface features. A structure inventory for sanitary and storm drain facilities reflecting rim and invert elevations, pipe direction and size will be provided for accessible structures.
•Location of all surface evident street monumentation within the mapping corridor. •Location of underground utility locator markings, where provided. •Provide a finished draft topographic survey for each area of work and AutoCAD Civil3D DTM surface for each street section.
CONSULTANT’s surveyor will calculate the record data location of the existing right-of-way for the mapping corridor and will calculate and show the location of each adjoining parcel lot line from record data (assessor’s parcel data, record mapping and apparent lines of occupation). It should be noted that property line data will not be based upon a field survey and is considered approximate.
Survey on N. Humboldt Street will extend up to the street centerline and that at 805 Highland Avenue will focus primarily on the curb and gutter.
Task 3B Deliverables: Topographic survey results.
3C) Preliminary Design (30% P&E)
Using data collected in previous tasks, CONSULTANT will develop preliminary design documents (30% level of completion) for each street section. Preliminary design drawings will be based on base maps prepared using information collected in previous tasks and as stated in Key Assumption. Drawings will include existing right-of-way and depict basic street layout and preliminary pavement treatments with pertinent geometric information. Drawings will be scaled at a scale of 1-inch = 20-feet.
The Engineer’s Cost Estimate will be prepared in MS Excel format and based on the most recent construction cost data available to CONSULTANT for projects of this type. The 30% plans will be prepared in AutoCAD format on 22-inches x 34-inches sheets. It is assumed that the City will require a 15-day review/comment period once each 30% P&E package is submitted.
In combination with CONSULTANT’s pavement design and basis of design technical memorandums, during development of the 30% P&E CONSULTANT will discuss and confirm pavement treatment alternatives, subgrade stabilization measures, street geometric constraints and cross-slopes, curb and gutter replacement, non-compliant curb ramps, drainage issues, and summary of utility location data and possible utility conflicts/concerns. CONSULTANT’s staff including the project manager, lead civil project engineer, and principal engineers will also be available for up to two (2) additional strategy meetings during preliminary design for each design package. Strategy discussions will focus on key design elements and constraints, overall schedule and budget, community outreach and key issues, lessons learned from previous projects and how to structure and develop construction documents with respect to reducing construction impacts, bidding strategies including packaging and alternates, sequencing of streets and work, and contingencies.
Task 3C Deliverables: Meeting agendas and summaries for up to two (2) strategy meetings per design package. One reproducible copy of 30% plans, engineer’s estimate, and summary of agreed upon design criteria and decisions for each design package.
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3D) 90% PS&E
Preliminary P&E (30% P&E) will be revised to incorporate comments received from the City as well as agreed upon design criteria and decisions, from which the 90% PS&E will be prepared. CONSULTANT will provide a response to each comment that is included in a comment table provided by the City.
The 90% plans will incorporate typical design elements, existing and proposed contours (where available), pavement treatments, right-of-way parcel lines, wedge or conform grind locations, typical cross-sections, C&G repairs, gutter flow line for drainage repairs, curb ramp replacement and details and limits of work, and site-specific striping and signage plans. Plan sheets will include base repair schedules and show individual repair locations.
CONSULTANT will prepare the project technical Special Provisions in MS Word format and follow the City’s formatting conventions, with reference to Caltrans 2018 Standard Specifications and City standard provisions. CONSULTANT may recommend deviating from Caltrans standards where, from CONSULTANT’s experience, such changes will improve the likelihood of achieving a successful construction project for a local agency without compromising the integrity of the design.
The Engineer’s Cost Estimate will be updated to reflect the refined construction design. It is assumed that the City will require a 15-day review/comment period once each 90% PS&E package is submitted.
Task 3D Deliverables: One reproducible copy of 90% plans, technical specifications, and engineer’s estimate
3E) Final (Bid Set) PS&E
The 90% PS&E will be revised to incorporate comments received from the City to prepare the Final (Bid Set) PS&E. Similar to 90% PS&E, CONSULTANT will provide a response to each comment that is included in a comment table provided by the City. The Final (Bid Set) PS&E will include all notes and details necessary for construction. One electronic copy of the final (Bid Set) PS&E will then be packaged and submitted similar to the 90% PS&E unless directed otherwise. Upon receipt of the City’s final review comments, the project documents will be finalized for bidding purposes. A final quantity calculation will be tabulated and entered into the final Engineer’s Cost Estimate for each project. All final documents will be reviewed, stamped, and signed by CONSULTANT’s registered civil engineer, and the Final PS&E will be delivered to the City in electronic format.
Task 3E Deliverables: One electronic file of the final plans, technical specifications, and engineer’s estimate for each design package. The electronic files for the final construction plans, specifications, and engineer’s estimate will be in AutoCAD 2022 or later version, Microsoft Word, and Microsoft Excel, respectively.
TASK 4 – BIDDING SUPPORT SERVICES
CONSULTANT will provide the City with assistance during the advertisement and bidding periods of each project including attending the pre-bid conference, responding to questions about the project design, and preparation of any addenda and/or clarifications to the PS&E that are deemed necessary.
CONSULTANT has included up to 40 hours of staff time for bidding support. Any effort beyond that will be on a time and materials basis at an additional cost.
Task 4 Deliverables: Attend pre-bid meetings; Prepare responses to questions received regarding project design; Prepare bid addenda as necessary; and assist with bid responsiveness (as needed).
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TASK 5 – OPTIONAL TASKS
5A) Construction Support Services
CONSULTANT will provide up to 132 hours of support services to the City during construction. At a minimum, these services are anticipated to include attendance at the pre-construction conference, reviewing contractor submittals and responding to contractor RFIs, field verification of localized repair (base repairs and C&G) areas, subgrade repairs after proof rolling, curb ramp layouts, providing recommendations for any necessary construction changes due to unforeseen field conditions, and reviewing construction for acceptance. This task does not provide any field inspection services. If effort beyond the estimated hours is necessary, CONSULTANT staff time will be delivered on a time and materials basis at an additional cost.
Task 5A Deliverables: Attend Pre-Construction Conference; Assist with review of contractor submittals and RFIs as necessary; Provide recommendations for any necessary construction changes due to unforeseen conditions; and Assist with review of contract change orders. 5B) Utility Location
Using GPR, CONSULTANT’s utility locator will field locate utility alignments and depths for utility mains and laterals for utilities within all streets identified for reconstruction in accordance with Key Assumptions to the extent that GPR methods can detect utilities. GPR along utility mains will be marked at various locations along each street section, and the accuracy for the electronic depths will depend on the soil conditions and utility material. Traffic control will consist of a 1-man crew with traffic control arrow board and signs. Pressure washing of paint marks is excluded from this scope.
Task 5B Deliverables: Marked utility depth and alignments and electronic collection of utility information. 5C) Utility Potholing
If GPR cannot establish utility alignments and or depths at some locations, potholing may need to be performed to identify necessary utility relocations or adjustments as well as validation of sufficient clearance. CONSULTANT assumed up to 20 potholes will be conducted to verify underground utility depth in accordance with stated assumptions. CONSULTANT will discuss with the City to confirm selected utility locations for optional potholing in this project.
Task 5C Deliverables: Updated utility information to be summarized in the pothole report.
SCOPE KEY ASSUMPTIONS
City’s Responsibilities
CONSULTANT has assumed that the City will be able to provide the following to the extent available:
1. Any information readily available regarding utilities (i.e., water, sanitary sewer, electrical, and storm drain), boundary and property limits, tree locations, site features, and existing or planned construction.
2. Readily available aerial or topographic maps.
3. Project requirements including design objectives, budget, constraints, and criteria.
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4. Existing City technical specifications as the basis for developing/modifying new technical specifications.
5. Front-End specifications, including General Provisions and Special Provisions.
6. City Standard Provisions and Standard Design Criteria or details.
Pavement Testing and Design
1. Deflection testing will be conducted on arterial and collector street sections currently identified for rehabilitation for the PMP-6B project. Up to 1.5 days of deflection testing are assumed.
2. Pavement coring will be performed with spacing criteria and bulk samples as follows:
a. Up to 73 pavement cores will be obtained. Coring frequency is approximately every 500 lane feet for potential reconstruction, 1,000 lane feet for rehabilitation, and 1,500 lane feet for surface seal candidate street which are borderline candidate for rehabilitation, with a minimum of two cores per street section and cores taken in shoulder or parking lanes where a street is crowned.
b. A minimum of two (2) bulk samples of subgrade will be obtained per rehabilitation street section for laboratory testing including R-value, Plasticity Index and Moisture Content.
Bulk samples will not be collected for surface seal street sections. c. Aggregate base (AB) thickness will be measured at all bulk sample locations and will be measured or estimated in thickness at remaining pavement coring locations using dynamic cone penetrometer (DCP).
d. As requested by the City, pavement core holes will be backfilled with base material and non-shrink cement grout.
3. Base repairs will be measured in length and width to estimate base repair bid quantities for all street sections. It is the intent that base repair quantities will be for bidding quantity purposes only and that actual locations will be marked by CONSULTANT with the City’s inspectors prior to construction.
4. A no-fee encroachment permit will be obtained with the City for all pavement testing, if required.
Topographic Surveying and Base Maps
1. As requested by the City, a topographic and boundary survey (where applicable) will be completed for the following street locations:
a. Alameda de las Pulgas, from 39 th Avenue to La Casa Avenue (1,900 LF). b. 805 Highland Avenue, for 100 linear feet at location of tree root uplift (100 LF). c. East side of N. Humboldt Street, from Bayswater Avenue to Howard Avenue (630 LF).
2. Except for those noted above, all streets will utilize County parcel/aerial base maps, as streets are assumed to not include significant drainage improvements, complex changes in street geometry or intersection improvements, or full pavement section reconstruction. Street designs Design Professional Services 2024 Page 16 of 22
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will be drawn to 20-scale. Should CONSULTANT determine that topographic information is required, CONSULTANT can provide topographic survey work for additional scope and fee.
3. As requested by the City, a topographic survey will be completed at all proposed curb ramp design locations. The survey will extend 25 feet on either side of the ramp location.
Approximately 113 curb ramp locations are assumed to be surveyed and designed. Boundary survey is not included at these survey locations. The mapping will be based upon assumed horizontal and vertical datums, and durable survey control points will be established for later use during the construction phase.
4. Assume all street improvement work will be within City right-of-way, as this has impacts to the level of effort required to completion of design.
Utility Coordination and Location
1. CONSULTANT will prepare and distribute utility notification letters to collect facility maps and as- builts, confirm utility planned work, and notify utilities of the City’s utility cut moratorium on improved streets. CONSULTANT will prepare and distribute a second round of letters including utility location information based on GPR (Optional Task) that is provided for street sections proposed for reconstruction to solicit feedback and need for utility relocation or adjustments.
2. Utility field location will be completed using GPR (Optional Task) to field locate and mark utility alignments and approximate depths of mains and laterals within street sections which are candidates for reconstruction (e.g., FDR) to the extent that GPR can detect utilities. Utility location markings will be included in topographic surveys. GPR data is for planning purposes and will be provided as a courtesy to utilities to help expedite their assessments. Utilities will be responsible to review their facilities, perform additional utility potholes, if necessary, to identify any conflict which require adjustment of their facilities.
3. Underground utility locating will not be performed for surface seal or rehabilitation streets.
However, utility covers will be inventoried and shown and/or quantified on plans to develop bid quantities for adjusting and/or protection of utility covers.
4. If pavement reconstruction is required instead of rehabilitation, CONSULTANT will discuss with the City utility location options (e.g., GPR) and can provide for additional scope and fee for those additional sections.
5. If required, CONSULTANT has included up to 20 utility potholing locations as an optional task that are assumed to be patched with cold patch in the event there are key locations where critical utility facilities require greater accuracy or verification. Otherwise, utility locations will be identified from GPR survey results for reconstruction streets.
Traffic Striping
1. Traffic striping is assumed to match existing patterns and include adjustments to meet current CA Manual of Uniform Traffic Control Devices (MUTCD) standards.
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2. Up to an additional 5 signage and striping sheets are assumed to be prepared to implement bicycle and/or pedestrian improvements which are noted in the City’s Bicycle Master Plan and Transit Oriented Development Pedestrian Access Plan.
3. No significant traffic striping changes or design requiring traffic studies or assessment of traffic impacts is planned or included as a part of this scope.
4. Striping plans will only be developed for all street sections. Striping types and quantities will be inventoried for the purposes of developing bid quantities.
Traffic Control Plans
1. Traffic control plans are not included in the scope of work. It is assumed the City’s contractor will prepare traffic control plans in accordance with project technical specifications and requirements and submit to the City for review.
Curb Ramps, Crosswalks, and Sidewalk
1. It is assumed that non-compliant curb ramps will be replaced or retrofitted (excluding slurry seal streets) in accordance with Caltrans standards. Curb ramps will be replaced or retrofitted based on guidance from the DOJ/DOT Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing dated July 8, 2013. Further clarification on curb ramp replacement included in this scope of work is as follows:
a. Utility relocations (e.g., utility poles, utility boxes, and drainage inlets) required to construct curb ramps are not included in this scope of work. b. All ramp construction shall be within City R/W. Where available County parcel information is to be used, City R/W is assumed to be at existing back of walk. c. For curb ramps within hills or steepened grades, curb ramp design shall only extend up to 15 feet in the uphill direction, beyond which is considering chasing the grade.
2. Crosswalks and implied walkways between curb ramps will be designed in accordance with the latest Public Right-of-Way Accessibility Guidelines (PROWAG) and Caltrans Design Information Bulletin (DIB) 82-06 accessibility guidance for both running slope and cross-slope. This guidance will be reviewed with the City to confirm design approach.
3. Site-specific curb ramp details will be provided and use collected topographic survey information.
4. Sidewalk repair survey and replacement is not included in this scope of work but can be added if required for additional scope and fee.
Stormwater Drainage and Compliance
1. The project will, to the extent possible, and within the context of proposed rehabilitation and preventive maintenance, address visible drainage issues. No major drainage improvements are assumed for this project requiring significant stormwater drain and pipe alteration and/or reconstruction.
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2. As needed, the project will manage drainage patterns based on geometric changes to street grades and widths for proposed improvements requiring new flow lines and replacement of storm drains as needed.
3. This project will be designed in accordance with the recent third reissuance of the San Francisco Bay Municipal Regional Stormwater Permit (MRP 3.0) and the new regulated project thresholds in Provision C.3 of the SMWPPP. Although not currently anticipated, streets which will be reconstructed and the contiguous 1-acre threshold is exceeded, additional scope and fee for the design of green infrastructure may be provided.
Encroachment Permit
1. If the limits of pavement improvements are found to extend into a neighboring City, CONSULTANT will complete and obtain the required City encroachment permit for construction, if needed, with permitting fees paid by the City.
2. Based on the City’s project street lists, multiple project street sections are adjacent to El Camino Real (Caltrans R/W). The City has indicated that it will prepare Caltrans encroachment permit applications, as needed.
3. CONSULTANT will apply for no-fee City encroachment permits for all field work, including pavement coring and falling weight deflectometer (FWD), if required.
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EXHIBIT B - PAYMENT RATES
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EXHIBIT C
INSURANCE REQUIREMENTS
MINIMUM 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 aggregate 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.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The 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 Coverage
For 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 Cancellation
Each 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 Design Professional Services 2024 Page 2 of 22
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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 Subrogation
CONSULTANT 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 Retentions
Any 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 Insurers
Insurance 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 Coverage
CONSULTANT 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.