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9 AGREEMENT WITH NICHOLS CONSULTING ENGINEERS, INC.
FOR DESIGN PROFESSIONAL SERVICES
FOR
CITYWIDE SURFACE TREATEMENT PACKAGE 7-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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SECTION 4 - TERM
The services to be performed under this Agreement shall commence upon execution of agreement and continue until all work is completed and accepted by the City’s project manager.
CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT'S timetable.
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 $753,500, 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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9 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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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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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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9 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.
CITY OF SAN MATEO CONSULTANT
Matt Fabry
Director of Public Works
Date Margot Yapp
President
Date
APPROVED AS TO FORM
Linh P. Nguyen
Assistant City Attorney
Date
Attachments:
Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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SCOPE OF SERVICES
PROJECT DESCRIPTION
CONSULTANT’s 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 7B Project (Project). The following streets and limits are included in this scope of services:
Street Name Begin End
27th Ave Alameda De Las Pulgas Hacienda St
Alley 14 42nd Ave 41st Ave
Aragon Blvd Alameda De Las Pulgas Harvard Rd
Buena Vista Ave Alameda De Las Pulgas Isabella Rd
De Anza Blvd S.R. 92 Polhemus Rd
De Anza Ct De Anza Blvd End
Delaware St Sunnybrae Blvd Birch Ave
Edinburgh St Castilian Way Aragon Blvd
Eldorado St Poplar Ave Cypress Ave
Norfolk St Kehoe Ave Dale Ave
Norfolk St Flint Ave Waters Park Dr
Oakwood Dr S End N End
O'Farrell St W 20th Ave End
Parrott Ct and Timberlane Rd City Limit N End and S End Pinewood Ct Parkwood End
SCOPE OF WORK
Task 1 – Project Management & Meetings
1A) Project Management and Progress Meetings
NCE’s Project Manager will arrange a kick-off meeting with the City to initiate work on the project. The objectives will be:
Review of the Scope of Work
Establish Lines of Communication
Establish Project Schedule and Milestones
Define Design and Operation Criteria
It is critical to establish effective lines of communication with, and coordination amongst, the various stakeholders from the start to ensure delivery of a high-quality project within budget and on schedule.
In addition to City staff (Engineering, Maintenance, etc.), NCE will research and coordinate, as needed, with other agencies such as PG&E, AT&T, Caltrans, California Water Service and Westborough Water Design Professional Services 2024
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9 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, NCE staff will be available to attend monthly progress meetings with the City to maintain frequent communication and efficient decision making with the City. Monthly 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.
NCE’s project manager will maintain regular communication with the City and design team, managing the project scope, submittal development and delivery, project schedule, and accounting.
Deliverables
Kick-off/Progress Meeting Agendas and Summaries; Monthly invoices 1B) Utility Coordination
As noted in the project Key Assumptions, NCE will share notification letters to applicable utility providers with a preliminary project schedule for street maintenance and rehabilitation, followed by planned treatment or excavation depth and approximate utility location information. This notification will occur at the time of project kick-off to allow utility providers to perform maintenance on their facilities prior to utility cut moratorium on the street paving areas and evaluate need for utility adjustments/lowering.
NCE will document all utility coordination notifications, conversations, and meetings with utility contacts and information in a matrix format with dates of correspondence. NCE will also keep the City informed of any project delays related to utilities.
Deliverables
Utility notification letters
Utility coordination matrix
Task 2 – Pavement Rehabilitation Design
2A) Pavement and Curb and Gutter Condition Survey
NCE 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. Our scope of work and condition surveys do not address issues including but not limited to traffic, safety and road hazards, geometric issues, or short-term maintenance that should be performed (i.e., pothole that should be repaired).
A visual assessment of all C&G will be included to identify areas where drainage or the adjacent pavement has been compromised. Based on criteria established with the City, NCE will determine what Design Professional Services 2024
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9 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 we 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.
Deliverables
Summary table of curb and gutter repair candidates.
2B) Pavement Coring
NCE will collect pavement section core samples (4” – 8” diameter cores) on all project street sections at locations determined by NCE. Our current fee estimate assumes up to 42 core locations that we estimate will take up to 9 days to complete. For each core sample, NCE 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. NCE 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. We will also obtain an encroachment permit for pavement coring if required. NCE will also develop a map showing proposed coring locations for the City to review and to facilitate the encroachment permit if required.
Deliverables
Map of proposed coring locations.
City encroachment permit application
2C) Pavement Deflection Testing
NCE 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 140 data points will be collected and NCE estimates that the FWD testing will take 1 day to complete. NCE will also include deflection testing in encroachment permits referenced under Key Assumptions, similar to coring work. Additionally, NCE 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, NCE will perform pavement analysis and design services, and develop pavement maintenance, rehabilitation, and reconstruction recommendations for each street section.
NCE 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 Design Professional Services 2024
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9 provided by the City. NCE 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) NCE 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 NCE 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 City staff for acceptance prior to proceeding with detailed design work. Upon receipt of any comments from the City, NCE will then prepare its final technical and basis of pavement design memorandum, which will be signed and stamped by NCE’s Pavement Engineer. The final technical and basis of design pavement memorandum will then be provided to the City reflecting any comments on the draft technical memorandum. NCE’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 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 3 – Rehabilitation Plans, Specifications & Estimates 3A) Design Data Gathering
NCE 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. NCE 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 available as-builts will be included in the base map for streets to be reconstructed. Based on our review we will identify any data gaps or missing information and provide this information to the City for review and discussion. NCE will discuss with the City whether rehabilitation work must occur in the right-of-way, to save the City the cost and fees associated with obtaining encroachment permits, if at all possible.
Deliverables
Base maps (included in subsequent tasks).
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NCE’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 Alley 14 and Parrott Court 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. 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.
Our surveyor will calculate the record data location of the existing right-of-way for the mapping corridor and will calculate and show the location of each adjoining parcel lot line from record data (assessor’s parcel data, record mapping and apparent lines of occupation). It should be noted that property line data will not be based upon a field survey and is considered approximate.
Note that boundary survey is not included in the curb ramp surveys and estimated right of way will be based on available mapping information indicating width of public right of way relative to the existing back of walk.
Deliverables
Topographic survey results.
3C) Preliminary Design (30% P&E)
Using data collected in previous tasks, NCE 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 Assumptions. 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” = 20’.
The Engineer’s Cost Estimate will be prepared in MS Excel format and based on the most recent construction cost data available to NCE for projects of this type. The 30% plans will be prepared in AutoCAD format on 22” x 34” 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 our pavement design and basis of design technical memorandums, during development of the 30% P&E we will discuss and confirm pavement treatment alternatives, subgrade stabilization measures, street geometric constraints and cross-slopes, curb and gutter replacement, non- Design Professional Services 2024
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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.
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. NCE 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.
NCE 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. NCE may recommend deviating from Caltrans standards where, from our 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.
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, NCE will provide a response to each comment that is included in a comment table provided by the City. The Final (Bid Set) PS&E will include all notes and details necessary for construction. 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 NCE’s registered civil engineer, and the Final PS&E will be delivered to the City in electronic format.
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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 2026 or later version, Microsoft Word, and Microsoft Excel, respectively.
Task 4 – Green Stormwater Infrastructure Plans, Specifications & Estimates 4A) Design Data Gathering and Preliminary Site Selection NCE 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 identify candidate GSI locations and support the preparation of project contract documents. NCE will visit candidate locations noted in Table 1 and any others which may be identified by the City. Data sources may include, but are not limited to, as-built street improvement and infrastructure plans, City provided stormwater mapping information. The gathered information will be compiled and included in the base map used for GSI feasibility review and potential construction design.
4B) DMA and IMP Delineation
To preliminarily calculate the potential areas that can be used for bioretention, or GSI, acting as integrated management practice (IMP), NCE will use available mapping information to evaluate existing drainage patterns and storm drain infrastructure within the project sites that could potentially accept onsite runoff. NCE will delineate Discrete Management Areas (DMAs) or catchments draining to each potential IMP area to determine if adequate treatment could be provided for each DMA (assuming no grading changes to existing topography). A ratio of IMP area to impervious DMA area was calculated.
From the C.3 guidebook, a ratio of 0.04 (4%) is required for bioretention facilities to DMA impervious area.
The preliminary findings from Tasks 4A and 4B will be summarized and shared and discussed with the City to confirm candidate GSI locations to be surveyed in Tasks 4C and 4D, where further field data collection and review of existing conditions, including potential utility conflicts, will be assessed. 4C) Utility Location (GPR)
At candidate locations determined in Task 4B, NCE’s utility locator will use GPR to field locate utility alignments and depths for utility mains and laterals for utilities within sidewalk and immediately adjacent roadway shoulder areas to the extent that GPR methods can detect utilities. It is assumed that up to 8 locations will be surveyed. GPR along utility mains will be marked at various locations along the segment, and the accuracy of the electronic depths will depend on the soil conditions and utility material.
Traffic control will not be provided as location efforts will remain at or adjacent to the sidewalk or medians. Pressure washing of paint marks is excluded from this scope.
Deliverables
Marked utility depth and alignments and electronic collection of utility information. 4D) Topographic Survey
Similar to the scope described in Task 3B, NCE’s Project Surveyor will complete monument/control recovery, field investigation and field surveys sufficient to prepare a topographic mapping product for candidate GSI locations identified in Task 4B. Survey limits will extend up to 100 feet in either direction of the curb line of the candidate GSI location and up to the street centerline. The survey will incorporate Design Professional Services 2024
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Deliverables
Topographic survey results.
4E) Preliminary GSI Design (30% P&E)
Similar to the scope described in Task 3C, using data collected in previous tasks, NCE will develop preliminary design documents (30% level of completion) for each candidate location identified and field surveyed. Preliminary design drawings will be based on base maps prepared using information collected in previous tasks and as stated in Key Assumptions. 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” = 20’. The design will focus on civil design improvements and landscape and irrigation design will be developed with subsequent design submittals.
The P&E in Task 4E will be incorporated into and submitted with that in Task 3C as part of a complete P&E submittal package.
4F) 90% GSI PS&E
Similar to the scope described in Task 3D, the Preliminary GSI 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. The civil design will be further advanced and draft landscape and irrigation designs will be completed and incorporated into the 90% submittal. It is understood that the GSI designs will be bid together with the civil design prepared in Task 3. 4G) Final (Bid Set) GSI PS&E
Similar to the scope described in Task 3E, the 90% GSI PS&E will be revised to incorporate comments received from the City to prepare the Final (Bid Set) PS&E. 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.
Task 5 – Bidding Support Services
NCE will provide the City with assistance during the advertisement and bidding period 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. We have 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.
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).
Task 6 – Construction Support Services
NCE will provide up to 104 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, landscape submittal and site visits, Design Professional Services 2024
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9 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, NCE staff time will be delivered on a time and materials basis at an additional cost.
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.
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9 EXHIBIT B - PAYMENT RATES
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9 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
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9 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.