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AGREEMENT WITH CSG CONSULTANTS, INC.
FOR PROFESSIONAL CONSULTANT SERVICES
FOR
2026 ON-CALL CONSULTING SERVICES FOR ANNUAL SANITARY SEWER REHABILITATION
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 CSG CONSULTANTS, INC. a corporation, (“CONSULTANT”), whose address is 550 Pilgrim Drive, Foster City, CA 94404:
RECITALS:
A. CITY desires certain professional services hereinafter described.
B. CITY desires to engage CONSULTANT to provide these professional 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
This Agreement shall be valid for a duration of five (5) years. The services to be performed under this Agreement shall commence upon execution of the Agreement and be completed on June 30, 2031.
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 in an amount of $2,000,000, 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
Indemnity for Design Professional Services. CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, volunteers, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct in the performance of its design professional services under this Agreement. To the maximum extent permitted by law and Civil Code section 2782.8, CONSULTANT agrees to defend CITY, its elected and appointed officials, employees, volunteers, and agents against any such claims.
Indemnity for Activities Other Than Design Professional Services. CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, volunteers, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of non-design professional services under this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, volunteers, 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.
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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.
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.
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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.
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: Laura Webb
City of San Mateo
300 West 20th Avenue
San Mateo, CA 94403
To CONSULTANT: CSG Consultants, Inc.
Attn: Hatem Ahmed
550 Pilgrim Drive
Foster City, CA 94404
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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
CONSULTANT
Matt Fabry
Public Works Director
Date Cyrus Kianpour
Its Authorized Agent
President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.
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
Exhibit D: Project Schedule
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EXHIBIT A
SCOPE OF SERVICES
The Consultant will provide consulting services for sanitary sewer rehabilitation for all project elements listed in this Scope of Services. The project and fee negotiations will be executed in three phases for the sewer rehabilitation project as shown below and further defined in this Scope of Services:
Phase 1
Task 1 - General Services
Task 2 - Video Inspection & Cleaning Services
Task 3 – Evaluation of Video Inspection Data
Phase 2
Task 1 - General Services
Task 4 – Project Design and Construction Documents
Task 5 – Bid Support
Phase 3
Task 1 – General Services
Task 6 – Construction Phase Services
See the chart below for the approximate number of manholes and length of pipe located within Basins A, B, C, El Camino Real, and Basin D:
Basin Manholes Pipes (LF)
A 972 223,963
B 1,019 235,366
C 937 170,980
ECR 148 56,657
D 1,168 245,030
Typical tasks that are required of the Consultant under these categories are detailed in the following sections. Throughout the design of this project, the Consultant will submit deliverables for review and approval by the City and other governing agencies as required. A preliminary description of proposed deliverables has been provided in this Scope of Services and will be finalized during contract and fee negotiations.
The deliverables required by the Consultant will vary depending on the necessary improvements to the sewer lines defined for each basin. All drawings and maps shall be developed using AutoCAD, ArcGIS and PDFs capable of plotting at a legible scale, on both 11x17” and 22x34” sheets.
Additional deliverable information is provided in the various task descriptions below.
For the 60%, 90%, and 100% design submittals, the Consultant shall attend a review meeting with City staff where the submittals will be presented to the City and will demonstrate that previous City comments have been addressed in the submittal.
The City reserves the right to discontinue, alter, or postpone services at any time.
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Task 1 – General Services
Project management and coordination include tasks that will be performed by the Consultant throughout the project. Task 1 will cover all general services required for Phase 1, Phase 2, and Phase 3 for the sewer line rehabilitation project. These services include:
General Project Management and Coordination
Risk Management
Workshops and Meetings
Management of Subconsultants and Subcontractors
Agency Coordination and City Meeting Support
Further information regarding expectations for these services will be issued as a separate program standard in the Design Standards and Guidelines, prior to the first phase negotiations.
Task 1.1 – Project Management
Task 1.1.1 – General Management
The Consultant will be responsible for detailed management of the project, including subconsultants and subcontractors, and will keep the City appraised of the status of the project.
The Consultant will provide the key management personnel as described in their proposal on this project. The Consultant will not reassign the key project personnel without prior approval of the City per the Standard Agreement for Professional Consultant Services.
Task 1.1.2 – Progress Report
The Consultant will prepare and submit monthly progress reports that include a narrative of the work completed by task, project action item log, upcoming work, project issues, budget and schedule status, percent complete, cost to complete, earned value versus actual spent analysis, potential scope or budget changes, and other important project information. The monthly progress report will be submitted with the project invoice as part of the monthly request for payment. The invoices will comply with Program standards. The invoices will document the man-hours and billing rates for staff for each task in the WBS, as well as overhead, profit and any direct costs. The current and previous billing period invoicing, as well as a summary of the budget spent, budget remaining, cost to complete, and all backup documentation for expenses will be included. The monthly progress report and project schedule will be submitted with the project invoice as part of the monthly request for payment.
Task 1.2 – Risk Management
The Consultant will participate in the development and maintenance of a set of project risks in coordination with the Project Manager and the Program’s risk management team. The Consultant shall review the risks and mitigation measures previously identified by the Program and determine if additional risks or mitigations are required. Consultant shall implement any risk mitigations assigned to them as part of the risk development process. If both the City and the Consultant determine that a meeting is required, a risk review meeting will be conducted within one month after Notice to Proceed and will be addressed as needed throughout the course of the project. This meeting will be about one hour in length and may be combined with other meetings between the City and the Consultant.
Task 1.3 – Workshops and Meetings
The Consultant will prepare and submit to the City an agenda and meeting minutes for each formal meeting or workshop and hold progress meetings. Assume monthly meetings for CCTV work, monthly for design work and
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monthly for services during construction.
Task 1.4 – Quality Control
The Consultant will develop a Quality Assurance/Quality Control (QA/QC) Plan for implementation of the Scope of Work. The Consultant’s QA/QC Plan will be reviewed and approved by the City Project Manager and will include or reference all the controls necessary for implementation. QA/QC Plans shall include detailed requirements for providing the required integrity for all field work, including conducting the explorations, sampling, and sample custody and transport. All QA/QC procedures for laboratory work shall be included. Each submittal, or partial submittal of testing results shall be accompanied by a written certification, signed by the Consultant’s Project Manager and the responsible individual from the applicable subconsultant, stating that all QA/QC procedures have been complied with for the information or submittal being delivered to the City.
Submittals that do not include the written certification of compliance or that contain gross deficiencies or errors requiring a significant amount of the City staff time for checking will be returned without review until the City is satisfied that a thorough Consultant’s review, compliance with standards, checking and correction for coherence, consistency, spelling, etc., has been performed.
Task 1.5 – Management of Subconsultants
If the Consultant requires the services of any subconsultants, then the Consultant will include a list of them in the proposal, explain why they are needed, and provide a general description of their effort.
The Consultant will manage the activities of subconsultants during performance of the project. All requirements of the contract shall also apply to subconsultants.
Task 1.6 – Agency Coordination
The Consultant will assist the City in coordinating the project with various local/county, state/regional, and federal agencies. This task includes attending meetings, as needed, with applicable agencies, providing meeting minutes, and providing project information and exhibits to the agencies. This task is established as an allowance task and shall only be used when specifically requested by the City in writing. Costs for this task shall be invoiced as a separate line item and shall include a copy of the authorization from the City.
Task 2 –Video Inspection and Cleaning Services
This task should be conducted independently, on an as-needed basis as determined by the City, for each sewer rehabilitation project awarded to the Consultant.
Task 2.1 Plans
For the sewer rehabilitation projects where the City has deemed video inspection and cleaning services are required, the Consultant will create Plans showing all sewer lines and manholes within project limits, as well as a Traffic Control Plan. The City will provide the Consultant with project limits, current GIS data, and sample Plans. The Consultant will provide drafts of the Plans until City reviewers are satisfied and the project has been deemed ready for the Consultant’s CCTV subcontractor to perform the work. The Consultant’s subcontractor should follow City Standard CCTV Guidelines. Refer to the City of San Mateo Sewer System Management Plan (SSMP), Appendix 4.2.
Task 2.2 Pipe and Manhole Inspections and Cleaning
The Consultant will manage their CCTV subconsultant while the investigation and cleaning operations occur. The Prime Consultant or CCTV subconsultant shall be NASSCO PACP and MACP certified in order to perform pipe and manhole inspections. Ideally the Prime Consultant is also NASSCO certified; however, it is sufficient if only the CCTV subconsultant performing the inspections is certified. Consultant shall provide
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inspection videos and reports to the City as they receive them from their CCTV subcontractor. Consultant will begin Task 3 operations concurrently with Task 2.2 for the same project.
Task 3 – Evaluation of Video Inspection Data
This task should be conducted independently for each sewer rehabilitation project awarded to the Consultant.
Task 3.1 Evaluation Technical Memorandum
The consultant will be responsible for reviewing and evaluating the video inspection data provided to them for sanitary sewer mains and manholes. The consultant will then prioritize repairs based on the available project budget, the urgency of the repairs, and the value of the repair to maintenance and operation of the sewer system with the City’s input.
The City will share a list and/or map of roads that are under pavement excavation moratorium, as well as those roads which are scheduled for paving work. The consultant will identify if any of the proposed sewer repairs overlap with these road segments.
The results of this evaluation shall be included in a technical memorandum provided to the City.
Task 3.2 GIS Deliverable
The consultant shall provide the City with a GIS file containing all recommended repairs upon completion of the Evaluation Technical Memorandum.
Task 4 – Project Design and Construction Documents
This task should be conducted independently for each sewer rehabilitation project awarded to the Consultant. Consultant shall design repairs or improvements resulting from the inspection evaluation.
Consultant shall provide drawings for each repair or improvement and compile them into one or more project packages as agreed with the City. The design work entails taking the video inspection evaluation (Task 3) and designing the changes that will be required to repair any broken pipes or manholes.
Task 4.1 – 60% Design Development
The design activities and design elements shall become more concrete once the projects are assigned and shall be at a 60% level of completion.
A statement signed by Consultant’s Project Manager that all deliverables have been reviewed or otherwise checked in full conformance with the Consultants QA/QC Plan will be required.
All design work shall be in conformance with the Clean Water Program design guidelines and standards which will be provided to the Consultant during the negotiation phase.
The 60% design deliverable shall include one print ready PDF on electronic media acceptable to the City of all deliverables.
Task 4.1.1 – Field Investigations
The Consultant shall conduct field investigations as required to verify if there are any potential impacts to/from surrounding features that need to be addressed in the design for each sewer rehab location. The City will provide ArcGIS information in relation to the specific locations that is identified for rehab to the Consultant for use on the project.
The field investigation shall note all obstructions that may be affected by the needed improvements. The
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Consultant shall conduct a thorough investigation at easement locations, which includes taking pictures of upstream and downstream manholes, and documenting any obstacles in the way. The Consultant will be responsible for obtaining all permits and access agreements to perform the survey, as well as providing any necessary traffic control.
This work shall be completed before commencing with Task 4.2.
If a Subconsultant is used for this work, the Consultant will identify the Subconsultant with the response to this RFP.
Task 4.1.2 – 60% Design Submittal
The design submittal at 60% shall include initial design drawings, calculations, databases, specifications, schedule and any other project documentation to support this submittal. Consultant shall provide plan and profile drawings for any segment where the repairs cross roadways, or additional locations as requested by the City. Point repairs (i.e. 6’ length repairs) in roadways will not be required to be designed with plan and profile drawings, unless specifically requested by the City.
Task 4.2 – 90% Design Development
This task shall be conducted independently for each sewer rehabilitation project awarded to the Consultant. All design work shall be in conformance with the Clean Water Program design guidelines and standards, which will be provided to the Consultant during the negotiation phase.
For the 90% Design Submittal, the major design elements shall be well-established and essentially complete.
All supplementary/auxiliary design elements shall be incorporated between the 60% and 90% Design Submittals for a complete design package. Drawings for all disciplines shall be substantially complete.
Specifications shall be substantially complete and include all sections and all divisions including the legal, procedural, and general “front end” sections.
This submittal will include all finished, checked and completed plans and specifications. No new drawings and/or specification sections by the Consultant will be expected after this stage. All City comments on the previous submittal will have been resolved, rejected, addressed and/or incorporated in this submittal. The project is essentially finished and submitted as complete. The only missing effort is the City final review and regulatory approval with comment incorporation.
Consultant’s checking will include a review of all deliverables within each discipline (i.e. drawings, detailed specifications, project support documentation, etc.) and an inter-discipline coordination cross-check to correct discrepancies among the project documents.
Discipline calculations, databases, construction cost estimates, schedule, and other project support documentation will be updated and submitted to the City to reflect the status of the Drawings and Detailed Specifications and will support the 90% design submittal workshops.
A construction cost estimate (AACE Class 2) with basis of estimate narrative and construction sequencing plan and schedule shall be included with the deliverables.
The 90% design deliverable shall include a statement signed by Consultant’s Project Manager that all deliverables have been reviewed or otherwise checked and that they are in full conformance with Consultant’s QA/QC Plan. Additionally, the City will require the Consultant to fill out and sign the City’s QC Certification form.
The 90% design deliverable shall include one print-ready PDF on electronic media acceptable to the City of all deliverables.
Task 4.3 – 100% Design and Bid Documents
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This task shall be conducted independently for each identified project(s) awarded to the Consultant. All design work shall be in conformance with the Clean Water Program design guidelines and standards, which will be provided to the Consultant during the negotiation phase.
Following receipt of all City and regulatory review comments on the 90% Design Submittals, the Consultant will prepare a Final (100%) Design and will submit the 100% design submittal as a final check set. The final check set shall include all bid documents. Prior to submittal, the Consultant will have performed an inter- disciplinary cross-check of the design changes made since the 90% design submittal and corrected the related discrepancies. The Consultant will not add any new drawings or make any changes to the plans or specifications that are not a result of comments received by the City, regulatory review, or a final in-house quality control check. Consultant and City shall conduct a workshop to verify that all City comments have been addressed and all permit conditions are accounted for. After the City’s back-check review is complete, Consultant shall revise the documents and submit Final Bid Documents.
The 100% back-check design deliverable shall include a statement signed by Consultant’s Project Manager that all deliverables have been reviewed or otherwise checked in full conformance with Consultant’s QA/QC Plan.
The 100% back-check design deliverable shall include 4 hard copies and one print-ready PDF on electronic media acceptable to the City of all deliverables.
The Final Bid Documents will include finished, checked and completed plans and specifications, and will incorporate all City comments from previous submittals. The Consultant will document in-house changes and submit them to the City along with the Final Bid Documents.
The Final Design submittals will also include all final databases, reports, construction schedules, cost estimates, engineering calculations and bid ready project plans and specifications.
All plans, detailed specifications and engineering calculations will be stamped and signed by a Registered Engineer in the State of California.
An updated construction cost estimate (AACE Class 1) and construction sequencing plan and schedule will be included with the deliverables.
The Final Bid Documents deliverable shall include one print-ready PDF on electronic media acceptable to the City of all deliverables.
Task 5 – Bid Period Assistance
This task shall be conducted independently for each identified project(s) awarded to the Consultant.
The Consultant shall provide assistance during the bid period, including the following:
Participate in the pre-bid conference, if necessary.
Prepare responses to bidder’s questions.
Prepare addenda to Bid Documents, as needed.
Participate in reviewing alternate equipment and material proposals from the contractor, if applicable.
Participate in the evaluation of the submitted bids, furnish consultation and advise to City staff, and assist with all the related equipment, cost and other analyses as required to finalize the award decision.
Prepare conformed drawings and specifications that incorporate all addenda. The Final Conformed Documents deliverable shall include one print ready PDF on electronic media acceptable to the City.
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Task 6 – Construction Phase Services
This task shall be conducted independently for each identified project(s) awarded to the Consultant. The Consultant shall provide services during construction, which may include the following:
Attendance at pre-construction conference and construction progress meetings General technical support
Periodic field visits
Submittal review
Request for information responses and review
Change order and contract document modifications preparation and review Progress payment application review
Construction closeout support
Preparation of record drawings
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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, volunteers, 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, volunteers, and agents.
Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, volunteers, 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
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of Cancellation endorsement is not available, CONSULTANT shall ensure the requisite Notice of 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.
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EXHIBIT D
PROJECT SCHEDULE
Consultant shall prepare a schedule for City review and approval prior to issuance of each Task Order.