Updated: 4/23 Page 1
Exhibit A - Consultant Agreement
CITY OF SAN PABLO
AGREEMENT FOR CONSULTING SERVICES
Project No.0304 Full Trach Capture Device Project at Church & Willow/ Agreement No. 0304_01
THIS AGREEMENT (“Agreement”), effective the first day of May 2023 (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and exis ting under the laws of the State of California, (“City”), and Schaaf & Wheeler, an Engineering Cons ulting Corporation (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).
RECITALS
WHEREAS, the City desires to engage a consultant to provide Professional Engineering Services to the City (“Services”) as further set forth in this Agreement; WHEREAS, the City desires to engage a consultant who will act at all times in the City’s best interest and will respect the trust and confidence placed in that consultant by the City; and WHEREAS, Consultant has represented to City that Consultant has the training, skill, competence and licensure necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contrac tor; and is willing to provide the Se rvices on the following terms and conditions.
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W, THEREFORE, Consultant and the City agree as follows:
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RMS AND CONDITIONS
(1) Scope of Services.
A. Scope of Services. Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the City’s Request for Proposals, dated February 14, 2023 and any addenda thereto (“ RFP”), attached as Exhibit A and incorporated herein, and the scope of services set forth in Consultant’s proposal dated March 22, 2023 (“Proposal”), attached as Exhibit B and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the RFP, the Proposal, and this Agreement, the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services (“Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.” B. Qual ity of Performance. Consultant will provide the Services and any authorized Additional Services in accordance with the standards of its profession; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager ”). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If , during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitutes a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s Updated: 4/23 Page 2
acceptance of Services performed under this Agreement will not operate to waive or release Consultant’s obligation under this paragraph.
C. COVID-19 Pandemic. All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to provide proof of COVID -19 vaccination, as well as comply with the City’s COVID policies on- site.
D. Time is of the Essence. In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”
E. Primary Service Provider . The City has approved of Schaaf & Wheeler as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.
F. Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.
Consultant must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.
1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.
2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subcons ultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular C ity working days and hours unless otherwise specified in the scope of services or authorized in writing by City.
3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants must certify Updated: 4/23 Page 3
under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.
4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.
5. DIR Monitoring, Enforcement, and Registration: The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants must be registered with the DIR to perform public works projects.
The registration requirements of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.
(2) Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant a sum not to exceed One Hundred Thirty-One Thousand Nine Hundred Nine Dollars ($131,909) as follows:
On the basis of time and materials invoiced to the City on a monthly basis.
Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been performed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal.
(3) Additional Services. In addition to the S ervices included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Services performed without a written amendment to include the Addi tional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Agreement, including, billing, record -keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.
(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on December 31, 2024. If the Term expires later than the end Updated: 4/23 Page 4
of the City’s fiscal year, the continua tion of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.
(5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, an d is, the reputation and competence of Consultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the prior written approval of the City Manager. The City has authorized Consultant to use the following Subconsultants/Subcontractors as specified:
Subconsultant/Subcontractor Name Subconsultant/Subcontractor Services
_BSK Associates __ Geotechnical
_Bess Testlab __ Potholing
Keir + Wright Surveying
(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and methods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and materials that are necessary to complete a client engagement.
Consultant is free to accept, and has accepted in the past, other client engagements. Consultant is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for compl etion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Consultant is hired on a temporary basis only, and that if the City and/or Consultant desires to continue Consultant’s services after expiration of the Term or termination of this Agreement, Consultant must enter into a new agreement.
(7) Billings. Consultant's invoices must include the following information: (a) a brief description of S ervices performed, including any Additional Services ; (b) the date the Services were performed; (c) the number of hours spent and by whom ; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed ; (f) the total paid to date; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.
Except as specifically authorized by City, Consultant will not bill City for duplicate S ervices performed by more than one person. Consultant may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3) , above.
Consultant is solely responsible for its office and overhead costs , including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Consultant in the performance of this Agreement.
(8) Advice and Status Reporting. Consultant will provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide Updated: 4/23 Page 5
the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the S ervices provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all such reports and information.
Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement.
(9) Retention of Records. Consultant’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records , reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this A greement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use . This Section (9) will survive expiration of the Term or termination of the Agreement.
(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any document or written report prepared by Consultant for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written repor t. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or reports.
(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received f unds; withhold income taxes; pay employment taxes (including Social Security), unemployment compensation, worker's compensation and other taxes as may be due. Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.
(12) Access to Records; Audits . The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript.
(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant ’s Services.
This Section (12) will survive expiration of the Term or termination of the Agreement.
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(14) Assignment of Personnel . Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Cons ultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.
(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Consultant and its subconsultants or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insuran ce will not be construed to limit Consultant’s liability under this Agreement or to fulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.
A. Policies and Limits. Consultant must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:
1. Commercial General Liability Insurance (“CGL”) : The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of at least $2,000,000.00 per occurrence. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.
2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.
3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, t he policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.
4. Professional Liability: The professional liability insurance policy must insure against the Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit.
Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include pri or acts coverage sufficient to cover all Services provided by the Consultant for this Agreement, and the coverage must continue in Updated: 4/23 Page 7
effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.
b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.
c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City before Consultant may begin performing Services under this Agreement.
B. Required Endorsements. The insurance provided by Consultant must include the following endorsements as specified below. The endorsements must be executed by a person authorized to bind the issuing insurer. The endorsements are to be provided on forms provided, specified, or approved by the City. As an alternative to the City’s forms, the Consultant’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.
1. Additional Insured Endorsements : The G eneral Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its office rs, officials, employees, and volunteers (“ Additional Insureds”) will be covered as additional insureds with res pect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals f orm CG 20 07 may be used.
Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Consultant is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Consultant to comply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
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e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.
2. Notice: Each insurance policy required by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least 30 days written notice to the City, unless due to non- payment of premiums, in which case 10 days written notice is required.
3. Waiver of Subrogation: Each required policy must include an endorsement providing that the insurer will waive any right of subrogation it may have against the City. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.
C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager .
Before beginning performance of the Services, Consultant must disclose the amounts o f the deductibles and self-insured retentions that apply to the required policies . If the City Manager determines that the deductible or self -insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions with respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
D. Subconsultants or S ubcontractors. Consultant must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Consultant under this Section (15), with respect to its performance of Services, including the required endorsements. Consultant must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Consultant must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance requirements for subconsultants or subcontractors do not replace or limit the Consultant insurance obligations.
(16) Indemnification. The terms and conditions set forth in subsection 16(A) , below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if the Services to be provided by Consultant are “design professional” services as used and de fined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).
A. Indemnification by Non-Design Professionals. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by Consultant, its officers, employees, Updated: 4/23 Page 9
agents, volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.
1. The duty to defend is a separate and distinct obligation from the Consultant’s duty to indemnify. The Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Consultant from its separate and distinct obligation to defend City . The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is f inally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an Indemnified P arty, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.
2. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcont ractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.
4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
5. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
B. Indemnification by Design Professionals. Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the S ervices to be provided under this Agreement are to be performed by a “design professional ,” as that term is defined under section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all losses, claims, damages, costs and liability of every nature , including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, Updated: 4/23 Page 10
recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs shall not exceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.
1. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
2. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.
3. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
4. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the Term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.
(18) Employment Practices.
A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
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B. Compliance With Law . Consultant represents that it is an Equal Opportunity Employer and s hall comply with applicable regulations governing equal opportunity employment. Consultant shall not discriminate in the employment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performi ng its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement . In performing Services and providing services under this Agreement, Consultant shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.
(19) Local Subcontracting – Outreach. Consultant shall contact the EDC at [email protected] or 510- 215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
(20) Termination.
A. Termination for Convenience. City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Consultant of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Consultant, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 21), “Notices.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminates this Agreement, the Consultant shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Consultant or its employees, or services of others ordered by the Consultant or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others.
Compensation for the Consultant in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Consultant. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City . The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.
B. Termination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the terms and conditions of this A greement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services , up to and no greater than three times the cost of the Consultant’s contract value or no less than the cost to secure the next Updated: 4/23 Page 12
lowest Consultant’s proposal cost, whi chever is lower, as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.
C. Immediate Termination. City may terminate this Agreement immediately in any case where the Consultant engages in fraudulent or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomplis h the desired objectives.
(21) Ownership of Materials. Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this Agreement shall be the proper ty of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use consistent with the intent of the original design.
(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the P arties to amend the terms and conditions of this Agreement.
(23) Abandonment by Consultant. In the event the Consultant ceases performing Services under this A greement or otherwise abandons the Agreement prior to completing all of the Services, Consultant shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.
Consultant agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Consultant, but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Consultant under the Agreement had Consultant completed the Services.
(24) Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.
(25) No Third- Party Rights. The Parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.
(26) Severability. Should any part of this A greement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be r easonably interpreted to give effect to the intentions of the Parties.
(27) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, and Updated: 4/23 Page 13
City ordinances. Consultant warrants that all Services done under this A greement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.
(28) Controlling Law and Venue. T his Agreement and all matters relating to it shall be governed by the laws of the State of California , and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place. Consultant hereby waives the removal provisions of Code of Civil Procedure section 394.
(29) Breach. In the event that Consultant fails to perform any of the S ervices described in this Agreement or otherwise breaches the A greement, City shall have the right t o pursue all remedies provided by law and equity. Neither payment by the City nor performance by Consultant shall be construed as a waiver of either P arty's rights or remedies against the other. Failure to require full and timely performance of any provi sion, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’ s fees.
(30) Inspection by Other Agencies. Authorized representatives of the Federal Government, the California Department of Transportation, or other government agenc ies which provide grant funding (if any) for this Agreement and the City have the right to inspect Consultant’s performance of the Services, files, and work product.
(31) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Gov. C ode section 81000 et seq.) respecting this A greement. Where City Manager determines, based on facts provided by C ity staff, that Consultant meets the criteria of section 18701 of the FPPC regulations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner.
(32) Copyright. Upon City's request, Consultant shall exec ute appropriate documents to assign to the City the copyright to work created pursuant to this A greement. The issuance of a patent or copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.
(33) Whole Agreement . This Agreement constitutes the entire understanding and agreement of the parties. This A greement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.
Updated: 4/23 Page 14
(34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.
(35) Counterparts. This Agreement may be executed in duplicate counterparts.
(36) Multiple Copies of Agreement . Multiple copies of this A greement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall ta ke precedence should any differences exist among counterparts of the document.
(37) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:
To Consultant: Schaaf & Wheeler
Caitlin Tharp, Vice President
4699 Old Ironsides Drive, Suite 350
Santa Clara, CA 95054
To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.
Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.
(38) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.
__ This Agreement is subject to federal funding. See Exhibit C. _X_ This Agreement is not subject to federal funding.
(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.
_ This Agreement is subject to funding by Caltrans. See Exhibit D.
X This Agreement is not subject to funding by Caltrans.
Updated: 4/23 Page 15
IN WITNESS WHEREOF, Consultant has executed this A greement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By ___________________________________ Teresa L. Stricker, City Attorney Matt Rodriguez, City Manager
Dated: _______________________________
Schaaf & Wheeler
A Consulting Civil Engineering Corporation
By ___________________________________
Caitlin Tharp, Vice President, RCE 76810
Dated ________________________________
ATTEST:
By _______________________________ Dated ________________________________ Dorothy Gantt, City Clerk
Attachments: Exhibit A: Request for Proposals, dated _February 1, 2023_ Exhibit B: Consultant’s Proposal, dated __March 22, 2023_______
Updated: 4/23 Page 16
Exhibit A
Request for Proposal (RFP)
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
REQUEST FOR PROPOSALS
Full Trash Capture Device Project
(0304) at Church & Willow
Professional Engineering Services
February 1, 2023
Proposals Must Be Received By:
March 22, 2023 by 4:00 p.m.
TABLE OF CONTENTS
A. INTRODUCTION
1. About San Pablo
2. Purpose for Request for Proposals
B. SCOPE OF WORK
1. Project Description
2. Project Background
3. Consultant Services
4. Pre-Proposal Meeting
5. Estimated Cost
C. PROPOSAL REQUIREMENTS
1. Letter of Interest
2. Organization Chart / Personnel
3. Firm(s) Statement of Qualifications
4. Staff Statement of Qualifications or Resumes
5. Project Management and Availability
6. Project Approach
7. Schedule of Work
8. Cost Proposal
9. Method of Payment
10. References
11. Consultant Contract Statement
D. PROPOSAL CONDITIONS
1. Local Employment and Contracting Opportunities
2. Questions
3. General Terms and Conditions
4. Agreement
E. PROPOSAL PROCEDURE
1. Submission of Proposals
2. Selection Process
3. Evaluation Criteria
4. Tentative Proposal Schedule
F. ATTACHMENTS
1 City of San Pablo
Request For Proposals
Full Trash Capture Device Project (0304)
A. INTRODUCTION
1. About San Pablo
San Pablo is located in West Contra Costa County off Interstate 80, minutes away from the Bay Area cultural centers of Berkeley, Oakland and San Francisco. Interstate 80 is the principal arterial route between the Bay Area and Sacramento. The City of San Pablo is nestled between the cities of Pinole and Richmond and by the neighboring cities of El Cerrito and Hercules. Historically one of the oldest Spanish settlements in the region, San Pablo has become a thriving residential and business community with a population of about 32,000 in an area of approximately two and one- half square miles. Additional information about the City can be obtained from the City of San Pablo website:
www.sanpabloca.gov
.
2. Purpose for Request for Proposals
The City of San Pablo (“City”) invites professional engineering consultant s to submit competitive proposals in response to this Request for Proposals (“RFP”). The City seeks proposals for Professional Engineering Services for design and construction document preparation for the Full Trash Capture Device Project (0304) at Church & Willow, a public works project to capture trash from Caltrans right of way and the local area (“Project”).
Professional disciplines expected to be involved w ith the project include, but are not limited to : civil engineers, land surveyors, utility locators, and geotechnical engineers.
Please see Consultant S ervices (Section B, Item #3) for full description of services required.
B. SCOPE OF WORK
1. Project Description
The City of San Pablo wishes to hire a Professional Engineering Consulting F irm for the design and preparation of construction documents for Construction of Full Trash Capture (FTC) device(s) on Willow Street. The project is in partnership with Caltrans, with the objective to retain and capture all trash and debris from the below grade Willow Road storm drain system to meet both Caltrans and local requirements. The Willow Road drainage system outfalls to San Pablo Creek, a 303d listed waterbody.
Caltrans requirements are outlined in “San Francisco Bay Region requirements on trash reduction) of the Caltrans National Pollution Discharge Elimination System (NPDES) Permit”, which is further reinforced by the issuance of a “Cease and Desist Order (CDO) (Order No R2 -2019-0007)” by the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) in February 2019. The local requirements are outlined in Provision C.10 of the San Francisco Bay Municipal Regional Permit (MRP) (Order No. R2-2022- 0018).
Upon construction, the trash capture device (or series of devices) is required to meet the full trash capture definition as described in MRP C.10.a.ii(a), including the ability to capture and detain trash/debris particles larger than 5 mm from stormwater run -off generated by a 1-year, 1-hour storm event in the tributary drainage area (TDA) bounded by both Caltrans and local Right-of-Way (R/W). The Caltrans R/W treated is estimated to 2 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
be 16.5 acres, the tributary City R/W has not been calculated. Due to the high traffic volumes on Church Lane and high concentration of underground utilities in the vicinity of the intersection, alternate and/or multiple FTC devices may be more economical.
2. Project Background
Caltrans is addressing the trash discharge originating in its right of way in cooperation with the City of San Pablo by funding the construction of a hydrodynamic separator that will be designed to treat 16.5 Acres of Caltrans right of way plus all tributary City areas.
Caltrans prepared a Project Initiation Report (Attachment B). The project is located outside the State right of way and is anticipated to be located entirely within the existing City street right of way.
3. Consultant Services
The Consultant selected shall provide all services to complete engineering, surveying, right of way mapping, and utility locating for the Full Trash Capture Device Project (0304) at Church & Willow.
Specifically, the Consultant selected will be required to complete the following tasks:
a. Project Management
b. Topographic Survey and Right of Way Mapping
c. Utility Mapping
d. Utility Locating (Potholing)
e. Preliminary Design Report. Discuss a minimum of 3 manufacturers’ properly sized Hydrodynamic Separator (HDS) Units that would work for this project . Design report shall evaluate size, cost, utility conflicts, temporary traffic impacts, and locations for HDS unit(s) including Willow Road at Evergreen Terrace and W illow Road at Church Lane. Discuss other FTC devices that may be more appropriate. f. Prepare Plans, Specification, and Estimates with submittals at:
• 35% Plans & Estimate (P&E)
• 65% Plans & Estimate (P&E)
• 95% Plans, Technical Specifications, and Estimate (PS&E) • 100% Bid Documents
Traffic control plans will be required for this project. g. Bid Support Services are requested to answer bidder questions and assist with an addenda required.
h. Construction Support Services ( not including Construction Management or Inspection) are requested to review submittals, answer RFI’s, attend construction progress meetings, and prepare any necessary change order documents.
4. Pre-Proposal Meeting
A mandatory Pre-Proposal Meeting has been scheduled for February 22, 2023, at 11:00 a.m., at San Pablo City Hall, 1000 Gateway Avenue, San Pablo, CA 94806. Proposers are encouraged to attend for review of the Project and Proposal requirements. This meeting will be simultaneously available for remote log -in via zoom or teams please contact Matt Brown, Senior Civil Engineer at [email protected] for meeting link.
3 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
5. Estimated Cost
Caltrans has estimated that the Project Construction will cost One-million Six-Hundred and Fifty Thousand Dollars ($1,650,000).
6. Estimated Schedule
To comply with the Caltrans NPDES requirements the project has a limited schedule for design. All Consultants are expected to be able to meet the schedule below. No extensions will be granted.
Prepare Designer RFP January 2023
Solicit Proposals February 2023
Award Design Contract May 2023
Design May – August 2023
Permitting August – October 2023
Bid and Award January – April 2024
Construction June – December 2024
Council Acceptance April 2025
Project Closure October 2025
4 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
C. PROPOSAL REQUIREMENTS
Each Proposal must be submitted in compliance with the requirements of this RFP. The City may, acting in its sole discretion, elect to reject any Proposal that it determines to be nonresponsive. It reserves the right, but not the obligation, to waive any immat erial irregularities. Clarity and brevity are preferable to volume, submittals shall be limited to 25 pages, excluding proposal cover, cover lett er, table of contents, and dividers. Each Proposal must include the following, organized as Sections A through K:
A. Letter of Interest/ Cover Letter
A letter of interest/cover letter must be provided transmitting the firm(s) submittal for consideration. The letter of interest/cover letter must be signed by the person authorized to negotiate a contract for proposed services with the City on behalf of the team.
B. Organization Chart/ Personnel
Since the Project may consist of several professional disciplines, submittals must provide an organization or personnel chart to delineate communication, coordination and hierarchical structure of the project team.
C. Firm(s) Statement of Qualifications
Provide the qualifications and experience of the firm(s) proposed for the project in the submittal. This should include information describing the team’s experience with:
a. Civil engineering design services and other relevant services on underground storm water projects.
b. Using current practices, standards and guidance for hydraulic design of facilities, structural design, and traffic control.
D. Staff Statement of Qualifications or Resumes
Provide the qualifications or resumes of key personnel proposed for the project in the submittal. In this section, identify similar/related projects that key members of the submittal have worked on. Note: key team members identified in the submittal shall not change in the executed contract unless notified and approved by the City.
E. Project Management and Staff Availability
Consultant should have one individual who will function as the main coordinator and point of contact for all the other consultants and sub- consultants; he/she will oversee project updates under the direction of City staff. This person will monitor timelines, review and evaluate products, ensure quality control and assist in facilitating meetings. Any substitutes of staff after submittal is received must be provided in writing and approved by the City if the contract is awarded.
F. Project Approach
In three pages or less, describe the Consultant’s proposed approach to this project. The approach should identi fy how the consultant will ensure to meet the required delivery schedule and be flexible to potential changes in scope (while still meeting the required delivery schedule).
5 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
G. Schedule of Work
The schedule of work must be included in the submittal in order t o demonstrate Consultants ability to accomplish all Project deadlines. The schedule of work must include milestones for deliverables of each required aspect. All tasks including deliverables of each sub- consultant must meet set individual deadlines and ove rall project schedule.
Progress meetings with City staff shall be scheduled as needed until the design is completed. These meetings may also be attended by other stakeholders as needed.
H. Cost Proposal
The cost proposal shall include a line -item work hour-cost estimate for each work task outlined in the scope of services plus a separate cost for meetings (cost per meeting) and all deliverables. The cost spreadsheet should be in a format that will allow City staff to determine the key project team member(s) proposed for each task and the number of management, technical, drafting and support personnel hours, cost per hour for each project team member and total cost envisioned for each task. Identify any other costs to be billed to the project including pr oject expenses and sub- consultant fees. Include any proposed mark -up for sub- consultant fees. Include a copy of the proposed rate schedules(s) to be used throughout the duration of the project and any adjustments that are predicted to occur during the execution of the project.
Cost proposal shall be submitted in a separate sealed envelope from the proposal with a return address and postage. The cost proposal is confidential and will be unsealed after all proposals have been reviewed, and most qualified consultant has been selec ted.
Consultant shall prepare a time and materials estimat e with a not to exceed fee. It is recommended to include allowances for tasks such as utility potholing, supplemental topographic surveys, or any other items that cannot be acc urately estimated from the currently available information.
I. Method of Payment
The basis of payment for this contract will be on time and materials, invoiced to the City on a monthly basis.
J. References
Provide a short summary ( one-page maximum) of at least three projects in progress or completed, with the following information for each:
a. Reference name, with current contact information
b. Type of project/development
c. Client type (clarifying role of private sector client, if any) d. Size and scale of geographic area
e. Current status
K. Consultant Contract Statement
Consultant will include a statement that the firm accepts the terms of the City’s Consultant Agreement sample (Attachment 1) and/or the submittal will include a list of any proposed modifications to the Agreement by the consultant.
6 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
D. PROPOSAL CONDITIONS
1. Local Employment and Contracting Opportunities
a. Employment of Local Residents.
Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qual ifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “ Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
a. Local Subcontracting - Outreach.
Firms shall contact the EDC at [email protected] or 510- 215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
2. Questions. Questions regarding this RFP, the Project, or site access may be submitted in writing only and directed to Randell Harrison, email: Randell@Harrison - Engineering.com. Written responses will be provided in addenda to this RFP distributed by email to all registered firms. Written questions must be submitted no later than March 7, 2023, at 4 p.m.
3. General Terms and Conditions
a. All proposals, whether selected or rejected, shall become the property of the City.
b. The cost of RFP preparation shall be that of the consulting firm and shall not be paid by the City.
c. Proposals shall be signed by an authorized employee in order to receive consideration.
d. City will not be responsible for proposals delivered to a person or location other than that specified herein.
e. The successful proposer will be asked to enter into an agreement with the City reflecting the terms and conditions of the proposal based on the City's Professional Services Agreement (Agreement) requirements. A copy of the Agreement and Insurance requirements is included as Attachment 1 to this RFP. Proposals should include a list of any proposed modifications to the Agreement by the consultant. Award of an agreement is subject to approval by the City Council of the City of San Pablo.
7 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
f. Neither the City of San Pablo, it’s City Council, officers, employees, agents, representatives, nor any of its consultants will be liable for any claim or damages resulting from the RFP process.
g. By submitting a proposal in response to this RFP, the proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City. All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed.
4. Agreement
The anticipated duration of the agreement will be for 22 months, with the term tentatively to begin May 2023 and end February 2025.
A sample agreement is attached (Attachment 1) that includes terms regarding conflict of interest, insurance, indemnification and assignment. The consultant selected to perform the work will be required to comply with these terms.
E. PROPOSAL PROCEDURE
1. Submission of Proposals
Each Proposer must submit a sealed envelope or package containing 3 print copies and one electronic copy (PDF or comparable) of its Proposal, each copy clearly identified as “Proposal for Full Trash Capture Device Project (0304) at Church & Willow .” The electronic copy may be included on a thumb drive in the sealed envel ope or package or emailed to: [email protected] and [email protected] . The
sealed Proposal must be delivered to:
City of San Pablo
City Clerk’s Office
1000 Gateway Ave
San Pablo, CA 94806
All Proposals, in both print and electronic format, must be received by the City Clerk’s office by March 22, 2023 no later than 4:00 p.m. (“Proposal Deadline”).
Proposals may not be modified after the Proposal Deadline.
2. Consultant Selection Process
The first step in the evaluation process will be to determine that each submittal contains all forms and other information required by this RFP. Any submittals missing the required information may be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong location, and submittals with inadequate copies are considered nonresponsive and shall be rejected. Submittal of additional information after the due date shall not be allowed.
8 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
All proposals will be evaluated by a City of San Pablo Selection Committee. The Selection Committee, made up of key City staff and other parties that may have expertise or experience in the services described herein , will review all su bmittals deemed complete according to the evaluation criteria and weighting factors below. The Selection Committee will make independent random checks of one or more of the consultant’s references. This reference check applies to major sub-consultants as well.
The Selection Committee will establish a shortlist of consultants that are considered to be best qualified to perform the contract work . The selection process will include oral interviews. The consultant will be notified of the time and place of oral interviews and o f any additional information that may be required to be submitted.
Upon completion of the evaluation and selection process, only the cost proposal from the most qualified consultant will be opened to begin cost negotiations. All unop ened costs proposals will be returned at the conclusion of the procurement process. Upon acceptance of the cost proposal and successful contract negotiations, staff will recommend a contract be awarded.
3. Evaluation Criteria
Proposals will be evaluated ac cording to each Criteria below. The scores for all the Criteria will be added for each proposal. The proposal with the highest score will be deemed as the best proposal. The total maximum score for any project is 100 points.
Criteria
Maximum
Points
A Completeness of Response Pass/Fail
B Understanding of the Work/Project 30
C Experience with Similar Work 20
D Quality and Availability of Staff 15
E Innovation and Advanced Techniques 10
F Financial Responsibility 10
G Project Delivery 10
H Local Subcontracting Approach/ Local Employment Approach 5 Total 100
A. Completeness of Response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration.
Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.
9 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
B. Understanding of the Work/Project (25 points)
Demonstrated understanding of the Project including Project needs, identification of potential issues and overall approach to complete streets design.
C. Experience with Similar Work (20 points)
Experience of the firm(s) with similar projects, including local knowledge, expedited timelines, working with multiple grants and prior experience with bicycle and pedestrian projects
D. Quality and Availability of Staff (15 points)
Quality and availability/current workload of proposed staff E. Innovation and Advanced Techniques (10 points)
Capability of developing and identification of innovative approaches and solutions to key project issues
F. Financial Responsibility (10 points)
The firm’s(s) ability to meet project budget, financial and schedule requirements G. Project Delivery (10 points)
Demonstrated technical ability of staff and if relevant, experience of consultant teams working together
H. Local Subcontracting Approach/ Local Employment Approach (5 points) A consultant’s successful use of the local subcontracting and local employment approach (Section D, Items 1a. and 1b.) or a documented good faith effort to succeed at using the City’s local subcontracting and/or local employment approach.
4. Tentative Schedule
Below is a tentative schedule for the selection and procurement process. Dates are subject to change by City staff and/or unforeseen circumstances.
Item Date
RFP Release Date February 1, 2023
Mandatory Pre-Proposal Meeting Date February 22, 2023
Last day to submit any questions March 7, 2023
RFP Proposal submittal Date March 22, 2023
Panel Review March 28, 2023
Interview period Week of April 3, 2023
Selection and negotiation period Week of April 10, 2023 Contract to be awarded at City Council May 1, 2023
F. ATTACHMENTS
Attachment 1 - Sample Consultant Agreement
Attachment 2 - Caltrans Project Initiation Report (62 pages) Attachment 3 - Storm Drain System Mapping (3 pages)
TABLE OF CONTENTS
A. INTRODUCTION
1. About San Pablo
2. Purpose for Request for Proposals
B. SCOPE OF WORK
1. Project Description
2. Project Background
3. Consultant Services
4. Pre-Proposal Meeting
5. Estimated Cost
C. PROPOSAL REQUIREMENTS
1. Letter of Interest
2. Organization Chart / Personnel
3. Firm(s) Statement of Qualifications
4. Staff Statement of Qualifications or Resumes
5. Project Management and Availability
6. Project Approach
7. Schedule of Work
8. Cost Proposal
9. Method of Payment
10. References
11. Consultant Contract Statement
D. PROPOSAL CONDITIONS
1. Local Employment and Contracting Opportunities
2. Questions
3. General Terms and Conditions
4. Agreement
E. PROPOSAL PROCEDURE
1. Submission of Proposals
2. Selection Process
3. Evaluation Criteria
4. Tentative Proposal Schedule
F. ATTACHMENTS
1 City of San Pablo
Request For Proposals
Full Trash Capture Device Project (0304)
A. INTRODUCTION
1. About San Pablo
San Pablo is located in West Contra Costa County off Interstate 80, minutes away from the Bay Area cultural centers of Berkeley, Oakland and San Francisco. Interstate 80 is the principal arterial route between the Bay Area and Sacramento. The City of San Pablo is nestled between the cities of Pinole and Richmond and by the neighboring cities of El Cerrito and Hercules. Historically one of the oldest Spanish settlements in the region, San Pablo has become a thriving residential and business community with a population of about 32,000 in an area of approximately two and one- half square miles. Additional information about the City can be obtained from the City of San Pablo website:
www.sanpabloca.gov
.
2. Purpose for Request for Proposals
The City of San Pablo (“City”) invites professional engineering consultant s to submit competitive proposals in response to this Request for Proposals (“RFP”). The City seeks proposals for Professional Engineering Services for design and construction document preparation for the Full Trash Capture Device Project (0304) at Church & Willow, a public works project to capture trash from Caltrans right of way and the local area (“Project”).
Professional disciplines expected to be involved with the project include, but are not limited to : civil engineers, land surveyors, utility locators, and geotechnical engineers.
Please see Consultant S ervices (Section B, Item #3) for full description of services required.
B. SCOPE OF WORK
1. Project Description
The City of San Pablo wishes to hire a Professional Engineering Consulting F irm for the design and preparation of construction documents for Construction of Full Trash Capture (FTC) device(s) on Willow Street. The project is in partnership with Caltrans, with the objective to retain and capture all trash and debris from the below grade Willow Road storm drain system to meet both Caltrans and local requirements. The Willow Road drainage system outfalls to San Pablo Creek, a 303d listed waterbody.
Caltrans requirements are outlined in “San Francisco Bay Region requirements on trash reduction) of the Caltrans National Pollution Discharge Elimination System (NPDES) Permit”, which is further reinforced by the issuance of a “Cease and Desist Order (CDO) (Order No R2 -2019-0007)” by the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) in February 2019. The local requirements are outlined in Provision C.10 of the San Francisco Bay Municipal Regional Permit (MRP) (Order No. R2-2022- 0018).
Upon construction, the trash capture device (or series of devices) is required to meet the full trash capture definition as described in MRP C.10.a.ii(a), including the ability to capture and detain trash/debris particles larger than 5 mm from stormwater run -off generated by a 1-year, 1-hour storm event in the tributary drainage area (TDA) bounded by both Caltrans and local Right-of-Way (R/W). The Caltrans R/W treated is estimated to 2 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
be 16.5 acres, the tributary City R/W has not been calculated. Due to the high traffic volumes on Church Lane and high concentration of underground utilities in the vicinity of the intersection, alternate and/or multiple FTC devices may be more economical.
2. Project Background
Caltrans is addressing the trash discharge originating in its right of way in cooperation with the City of San Pablo by funding the construction of a hydrodynamic separator that will be designed to treat 16.5 Acres of Caltrans right of way plus all tributary City areas.
Caltrans prepared a Project Initiation Report (Attachment B). The project is located outside the State right of way and is anticipated to be located entirely within the existing City street right of way.
3. Consultant Services
The Consultant selected shall provide all services to complete engineering, surveying, right of way mapping, and utility locating for the Full Trash Capture Device Project (0304) at Church & Willow.
Specifically, the Consultant selected will be required to complete the following tasks:
a. Project Management
b. Topographic Survey and Right of Way Mapping
c. Utility Mapping
d. Utility Locating (Potholing)
e. Preliminary Design Report. Discuss a minimum of 3 manufacturers’ properly sized Hydrodynamic Separator (HDS) Units that would work for this project . Design report shall evaluate size, cost, utility conflicts, temporary traffic impacts, and locations for HDS unit(s) including Willow Road at Evergreen Terrace and W illow Road at Church Lane. Discuss other FTC devices that may be more appropriate. f. Prepare Plans, Specification, and Estimates with submittals at:
• 35% Plans & Estimate (P&E)
• 65% Plans & Estimate (P&E)
• 95% Plans, Technical Specifications, and Estimate (PS&E) • 100% Bid Documents
Traffic control plans will be required for this project. g. Bid Support Services are requested to answer bidder questions and assist with an addenda required.
h. Construction Support Services ( not including Construction Management or Inspection) are requested to review submittals, answer RFI’s, attend construction progress meetings, and prepare any necessary change order documents.
4. Pre-Proposal Meeting
A mandatory Pre-Proposal Meeting has been scheduled for February 22, 2023, at 11:00 a.m., at San Pablo City Hall, 1000 Gateway Avenue, San Pablo, CA 94806. Proposers are encouraged to attend for review of the Project and Proposal requirements. This meeting will be simultaneously available for remote log -in via zoom or teams please contact Matt Brown, Senior Civil Engineer at [email protected] for meeting link.
3 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
5. Estimated Cost
Caltrans has estimated that the Project Construction will cost One-million Six-Hundred and Fifty Thousand Dollars ($1,650,000).
6. Estimated Schedule
To comply with the Caltrans NPDES requirements the project has a limited schedule for design. All Consultants are expected to be able to meet the schedule below. No extensions will be granted.
Prepare Designer RFP January 2023
Solicit Proposals February 2023
Award Design Contract April 2023
Design May – August 2023
Permitting August – October 2023
Bid and Award January – April 2024
Construction June – December 2024
Council Acceptance April 2025
Project Closure October 2025
4 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
C. PROPOSAL REQUIREMENTS
Each Proposal must be submitted in compliance with the requirements of this RFP. The City may, acting in its sole discretion, elect to reject any Proposal that it determines to be nonresponsive. It reserves the right, but not the obligation, to waive any immat erial irregularities. Clarity and brevity are preferable to volume, submittals shall be limited to 25 pages, excluding proposal cover, cover letter, table of contents, and dividers. Each Proposal must include the following, organized as Sections A through K:
A. Letter of Interest/ Cover Letter
A letter of interest/cover letter must be provided transmitting the firm(s) submittal for consideration. The letter of interest/cover letter must be signed by the person authorized to negotiate a contract for proposed services with the City on behalf of the team.
B. Organization Chart/ Personnel
Since the Project may consist of several professional disciplines, submittals must provide an organization or personnel chart to delineate communication, coordination and hierarchical structure of the project team.
C. Firm(s) Statement of Qualifications
Provide the qualifications and experience of the firm(s) proposed for the project in the submittal. This should include information describing the team’s experience with:
a. Civil engineering design services and other relevant services on underground storm water projects.
b. Using current practices, standards and guidance for hydraulic design of facilities, structural design, and traffic control.
D. Staff Statement of Qualifications or Resumes
Provide the qualifications or resumes of key personnel proposed for the project in the submittal. In this section, identify similar/related projects that key members of the submittal have worked on. Note: key team members identified in the submittal shall not change in the executed contract unless notified and approved by the City.
E. Project Management and Staff Availability
Consultant should have one individual who will function as the main coordinator and point of contact for all the other consultants and sub- consultants; he/she will oversee project updates under the direction of City staff. This person will monitor timelines, review and evaluate products, ensure quality control and assist in facilitating meetings. Any substitutes of staff after submittal is received must be provided in writing and approved by the City if the contract is awarded.
F. Project Approach
In three pages or less, describe the Consultant’s proposed approach to this project. The approach should identify how the consultant will ensure to meet the required delivery schedule and be flexible to potential changes in scope (while still meeting the required delivery schedule).
5 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
G. Schedule of Work
The schedule of work must be included in the submittal in order t o demonstrate Consultants ability to accomplish all Project deadlines. The schedule of work must include milestones for deliverables of each required aspect. All tasks including deliverables of each sub- consultant must meet set individual deadlines and overall project schedule.
Progress meetings with City staff shall be scheduled as needed until the design is completed. These meetings may also be attended by other stakeholders as needed.
H. Cost Proposal
The cost proposal shall include a line -item work hour-cost estimate for each work task outlined in the scope of services plus a separate cost for meetings (cost per meeting) and all deliverables. The cost spreadsheet should be in a format that will allow City staff to determine the key project team member(s) proposed for each task and the number of management, technical, drafting and support personnel hours, cost per hour for each project team member and total cost envisioned for each task. Identify any other costs to be billed to the project including project expenses and sub- consultant fees. Include any proposed mark -up for sub- consultant fees. Include a copy of the proposed rate schedules(s) to be used throughout the duration of the project and any adjustments that are predicted to occur during the execution of the project.
Cost proposal shall be submitted in a separate sealed envelope from the proposal with a return address and postage. The cost proposal is confidential and will be unsealed after all proposals have been reviewed, and most qualified consultant has been selec ted.
Consultant shall prepare a time and materials estimat e with a not to exceed fee. It is recommended to include allowances for tasks such as utility potholing, supplemental topographic surveys, or any other items that cannot be accurately estimated from the currently available information.
I. Method of Payment
The basis of payment for this contract will be on time and materials, invoiced to the City on a monthly basis.
J. References
Provide a short summary ( one-page maximum) of at least three projects in progress or completed, with the following information for each:
a. Reference name, with current contact information
b. Type of project/development
c. Client type (clarifying role of private sector client, if any) d. Size and scale of geographic area
e. Current status
K. Consultant Contract Statement
Consultant will include a statement that the firm accepts the terms of the City’s Consultant Agreement sample (Attachment 1) and/or the submittal will include a list of any proposed modifications to the Agreement by the consultant.
6 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
D. PROPOSAL CONDITIONS
1. Local Employment and Contracting Opportunities
a. Employment of Local Residents.
Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qual ifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “ Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
a. Local Subcontracting - Outreach.
Firms shall contact the EDC at [email protected] or 510- 215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
2. Questions. Questions regarding this RFP, the Project, or site access may be submitted in writing only and directed to Randell Harrison, email: Randell@Harrison - Engineering.com. Written responses will be provided in addenda to this RFP distributed by email to all registered firms. Written questions must be submitted no later than March 7, 2023, at 4 p.m.
3. General Terms and Conditions
a. All proposals, whether selected or rejected, shall become the property of the City.
b. The cost of RFP preparation shall be that of the consulting firm and shall not be paid by the City.
c. Proposals shall be signed by an authorized employee in order to receive consideration.
d. City will not be responsible for proposals delivered to a person or location other than that specified herein.
e. The successful proposer will be asked to enter into an agreement with the City reflecting the terms and conditions of the proposal based on the City's Professional Services Agreement (Agreement) requirements. A copy of the Agreement and Insurance requirements is included as Attachment 1 to this RFP. Proposals should include a list of any proposed modifications to the Agreement by the consultant. Award of an agreement is subject to approval by the City Council of the City of San Pablo.
7 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
f. Neither the City of San Pablo, it’s City Council, officers, employees, agents, representatives, nor any of its consultants will be liable for any claim or damages resulting from the RFP process.
g. By submitting a proposal in response to this RFP, the proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City. All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed.
4. Agreement
The anticipated duration of the agreement will be for 22 months, with the term tentatively to begin May 2023 and end February 2025.
A sample agreement is attached (Attachment 1) that includes terms regarding conflict of interest, insurance, indemnification and assignment. The consultant selected to perform the work will be required to comply with these terms.
E. PROPOSAL PROCEDURE
1. Submission of Proposals
Each Proposer must submit a sealed envelope or package containing 3 print copies and one electronic copy (PDF or comparable) of its Proposal, each copy clearly identified as “Proposal for Full Trash Capture Device Project (0304) at Church & Willow .” The electronic copy may be included on a thumb drive in the sealed envelope or package or emailed to: [email protected] and [email protected] . The
sealed Proposal must be delivered to:
City of San Pablo
City Clerk’s Office
1000 Gateway Ave
San Pablo, CA 94806
All Proposals, in both print and electronic format, must be received by the City Clerk’s office by March 14, 2023 no later than 4:00 p.m. (“Proposal Deadline”).
Proposals may not be modified after the Proposal Deadline.
2. Consultant Selection Process
The first step in the evaluation process will be to determine that each submittal contains all forms and other information required by this RFP. Any submittals missing the required information may be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong location, and submittals with inadequate copies are considered nonresponsive and shall be rejected. Submittal of additional information after the due date shall not be allowed.
8 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
All proposals will be evaluated by a City of San Pablo Selection Committee. The Selection Committee, made up of key City staff and other parties that may have expertise or experience in the services described herein , will review all su bmittals deemed complete according to the evaluation criteria and weighting factors below. The Selection Committee will make independent random checks of one or more of the consultant’s references. This reference check applies to major sub-consultants as well.
The Selection Committee will establish a shortlist of consultants that are considered to be best qualified to perform the contract work . The selection process will include oral interviews. The consultant will be notified of the time and place of oral interviews and o f any additional information that may be required to be submitted.
Upon completion of the evaluation and selection process, only the cost proposal from the most qualified consultant will be opened to begin cost negotiations. All unop ened costs proposals will be returned at the conclusion of the procurement process. Upon acceptance of the cost proposal and successful contract negotiations, staff will recommend a contract be awarded.
3. Evaluation Criteria
Proposals will be evaluated ac cording to each Criteria below. The scores for all the Criteria will be added for each proposal. The proposal with the highest score will be deemed as the best proposal. The total maximum score for any project is 100 points.
Criteria
Maximum
Points
A Completeness of Response Pass/Fail
B Understanding of the Work/Project 30
C Experience with Similar Work 20
D Quality and Availability of Staff 15
E Innovation and Advanced Techniques 10
F Financial Responsibility 10
G Project Delivery 10
H Local Subcontracting Approach/ Local Employment Approach 5 Total 100
A. Completeness of Response (Pass/Fail)
Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the items listed below will be considered incomplete, be rated a Fail in the Evaluation Criteria and will receive no further consideration.
Responses that are rated a Fail and are not considered may be picked up at the delivery location within 14 calendar days of contract award and/or the completion of the competitive process.
9 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
B. Understanding of the Work/Project (25 points)
Demonstrated understanding of the Project including Project needs, identification of potential issues and overall approach to complete streets design.
C. Experience with Similar Work (20 points)
Experience of the firm(s) with similar projects, including local knowledge, expedited timelines, working with multiple grants and prior experience with bicycle and pedestrian projects
D. Quality and Availability of Staff (15 points)
Quality and availability/current workload of proposed staff E. Innovation and Advanced Techniques (10 points)
Capability of developing and identification of innovative approaches and solutions to key project issues
F. Financial Responsibility (10 points)
The firm’s(s) ability to meet project budget, financial and schedule requirements G. Project Delivery (10 points)
Demonstrated technical ability of staff and if relevant, experience of consultant teams working together
H. Local Subcontracting Approach/ Local Employment Approach (5 points) A consultant’s successful use of the local subcontracting and local employment approach (Section D, Items 1a. and 1b.) or a documented good faith effort to succeed at using the City’s local subcontracting and/or local employment approach.
4. Tentative Schedule
Below is a tentative schedule for the selection and procurement process. Dates are subject to change by City staff and/or unforeseen circumstances.
Item Date
RFP Release Date February 1, 2023
Mandatory Pre-Proposal Meeting Date February 22, 2023
Last day to submit any questions March 7, 2023
RFP Proposal submittal Date March 14, 2023
Panel Review March 22, 2023
Interview period Week of March 27, 2023
Selection and negotiation period Week of April 3, 2023 Contract to be awarded at City Council April 17, 2023
F. ATTACHMENTS
Attachment 1 - Sample Consultant Agreement
Attachment 2 - Caltrans Project Initiation Report (62 pages) Attachment 3 - Storm Drain System Mapping (3 pages)
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EA 0W080K – EFIS ID 0420000170 – PPNO 2904D
SHOPP 201.335 – Storm Water Mitigation
May 2021
Project Initiation Report
To
Request Programming in the 2020 SHOPP
In Con
tra Costa County
in the City of San Pablo
At Various Locations
APPROVAL RECOMMENDED:
GEZAHEGN TIZAZU, PROJECT MANAGER
APPROVAL RECOMMENDED:
JEAN C.R. FINNEY, DEPUTY DISTRICT DIRECTOR
TRANSPORTATION PLANNING AND LOCAL ASSISTANCE
APPROVED:
DINA EL-TAWANSY, DISTRICT DIRECTOR DATE
6/11/21
6/17/2021
04-CC-80-4.0/4.6
Vicinity Map
C
ity of San Pablo
04-CC-80-4.0/4.6
Thi
s report has been prepared under the direction of the following registered civil engineer. The registered civil engineer attests to the technical information contained herein and the engineering data upon which recommendations, conclusions, and decisions are based.
REGISTERED CIVIL ENGINEER DATE
RE
VIEWED BY:
______________________________
CELIA MCCUAIG, OFFICE CHIEF DATE
OFFICE OF ADVANCE PLANNING
Sherry Huang
C75529
06/30/22
5/24/21
6/10/21
04-CC-80-4.0/4.6
PDT MEMBERS
Name Title & Division /Office Phone Number
Gezahegn Tizazu Project Manager, Project Management 510-714-7089 Celia McCuaig Office Chief, Advance Planning 510-507-5708 Hardeep Takhar District Program Advisor, Water Quality 510-715-6816 Warwick W.T. Cheung Senior Project Engineer, Advance Planning 510-960-0894 Sherry Huang Project Engineer, Advance Planning 510-504-7561 Thomas Rosevear Senior Env. Planner, Env. Analysis 510-506-1508 Wilfung Martono Storm Water Coordinator, Water Quality 408-697-8098 Jagjiwan Grewal HQ SHOPP Program Manager 916-956-3829 William Pan HQ SHOPP Program Advisor 916-956-5518
04-CC-80-4.0/4.6
TABLE OF CONTENTS
1. INTRODUCTION, WORK DESCRIPTION AND SUMMARY TABLE ................................. 1
2. PURPOSE AND NEED ............................................................................................................... 2
3. RECOMMENDATION ............................................................................................................... 2
4. RISK SUMMARY ....................................................................................................................... 3
5. BACKGROUND ......................................................................................................................... 3
6. ASSET MANAGEMENT ........................................................................................................... 4
7. CORRIDOR AND SYSTEM COORDINATION ....................................................................... 4
8. EXISTING FACILITY CONDITION ......................................................................................... 5
9. ALTERNATIVES........................................................................................................................ 6
10. COMPLETE STREETS............................................................................................................... 8
11. CLIMATE CHANGE CONSIDERATION ................................................................................. 8
12. ENVIRONMENTAL COMPLIANCE ...................................................................................... 10
13. RIGHT OF WAY ....................................................................................................................... 10
14. STORMWATER........................................................................................................................ 10
15. TRANSPORTATION MANAGEMENT PLAN ...................................................................... 11
16. ADVANCE TECHNOLOGIES & COMMUNICATION SYSTEMS ...................................... 11
17. ADDITIONAL CONSIDERATIONS ....................................................................................... 11
18. ESTIMATE, FUNDING AND PROGRAMMING ................................................................... 13
19. DELIVERY SCHEDULE .......................................................................................................... 15
20. EXTERNAL AGENCY COORDINATION ............................................................................. 15
21. PROJECT REVIEWS ................................................................................................................ 15
22. PROJECT PERSONNEL .......................................................................................................... 16
23. ATTACHMENTS (Number of Pages) ...................................................................................... 16
A. Project Location Map (1)
B. Risk Register (1)
C. SHOPP Performance Measures (1)
D. Conceptual FTC Devices and Technology (16)
E. Storm Water Data Report (8)
F. Project Initiation Proposal (3)
G. Complete Streets Decision Document (CSDD) (5)
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1 1. INTRODUCTION, WORK DESCRIPTION AND SUMMARY TABLE
T
he California Department of Transportation (Caltrans) is required to reduce trash within its Right of Way (R/W) in San Francisco Bay Region. This requirement is outlined in the Caltrans Statewide National Pollution Discharge Elimination System (NPDES) Permit from the State Water Resources Control Board (SWRCB) Order No 2012-011-DWQ Attachment V (San Francisco Bay Region requirements on trash reduction), which is further reinforced by the issuance of a Cease and Desist Order (CDO) (Order No R2-2019-0007) by the San Francisco Bay Regional Water Quality Control Board (SFB-RWQCB) in February 2019. The CDO requires Caltrans to address trash discharge from 8,800 acres of significant trash generation area (STGA) within Caltrans R/W.
I
n the Caltrans Trash Control Implementation Work Plan (TCIWP), one of the strategies to maximize the efficiency of available State resources is by partnering with local municipalities (i.e. cities, counties) to construct permanent Full Trash Capture (FTC) devices to meet the milestones in the CDO.
T
his is a financial contribution only (FCO) project. Following project programming, Caltrans will develop a cooperative agreement for implementation with the City of San Pablo (the City) in Contra Costa County to provide funding for local trash reduction project(s) with the intent to reduce trash from STGA within Caltrans R/W.
T
he project scope of work involves installing a SWRCB approved FTC device connected to the City’s storm drain systems. The FTC device will remove all debris larger than 5 mm from the stormwater run-off resulting from a 1-year, 1-hour storm event in the tributary drainage area (TDA) for both the City and Caltrans R/W. For each 1 acre of treated Caltrans R/W TDA, the project will accomplish 1 compliance unit (CU) for trash reduction (stormwater mitigation).
P
roject Limits At various locations in San Pablo
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Number of Alternatives 2 (Including No Build)
Programmable Project
Alternative Alternative A (Build Alternative)
Funding Source SHOPP 201.335
Funding Year 2021/2022
Type of Facility Permanent FTC Devices
Number of Structures None
Anchor Assets SHOPP
Project Output
16.5 CU Trash Reduction
(Storm Water Mitigation)
Anticipated Environmental
Determination or Document
CEQA: Categorical Exemption
NEPA: Categorical Exclusion
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2 Legal Description In Contra Costa County, in San Pablo at various locations Project Development
Category
5 PIR Level 1
Capital Outlay Project Cost Current Cost Estimate
including Risk:($1000) Escalated Cost
Estimate:($1000)
Support
PA&ED -- --
PS&E -- --
R/W (Right of Way) -- --
CONS (Construction) -- --
Capital
R/W -- --
CONS 1,650 1,650
2. PURPOSE AND NEED
Purpose
The purpose of this project is to fund the installation of FTC devices within the city limits of San Pablo through a cooperative agreement to meet the compliance milestones of the SFB- RWQCB Trash Reduction CDO and Caltrans NPDES Permit (Attachment V) requirement.
The project proposes to provide up to 16.5 acres/CU Trash Reduction (Stormwater Mitigation) toward the CDO requirement of 8,800 acres by June 2026.
Need
The SFB-RWQCB CDO requires Caltrans to address trash discharge from 8,800 acres of STGA within Caltrans R/W. The TCIWP for the San Francisco Bay Region has identified several actions in which compliance can be achieved. One of the TCIWP recommended actions, to be adopted in this project initiation report (PIR), is the implementation of structural control measure retrofits outside of Caltrans R/W (through partnership with local municipalities). One CU Trash Reduction is defined as one acre of Caltrans R/W from which all trash/debris larger than 5 mm within the runoff is retained and captured otherwise controlled prior to discharge to water bodies.
3. RECOMMENDATION
It is recommended that this report be approved and the project programmed using the estimate and schedule for the Programmable Project Alternative. This report was prepared to documentation Level 1.
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3 4. RISK SUMMARY
T
he overall project risk levels are considered from very low to moderate with no high impact risk recognized in the Risk Register of Attachment B. Since this is an FCO project, the most significant risk to Caltrans after programming and the overall project accomplishment are dependent on the successful implementation of the project design and construction by the City. As most of the project risks will be assumed by the City, some of the identified risks are summarized as follows:
• Risk #4: COVID-19
The project development (design) process of the local trash reduction projects may be i
mpacted by the current pandemic leading to schedule delay. There may also be a shortage of skilled labor having the expertise to install the FTC units. In addition, there is uncertainty in the construction environment with the ongoing Covid-19 pandemic. • Risk #9: Project Not Federalized by the City
The City of San Pablo did not anticipate for its projects to be federalized leading to m
odification of projects to federal standard resulting in schedule delay and cost increase.
5. B
ACKGROUND
I
n February 2019, the SFB-RWQCB adopted the CDO requiring implementation of trash control actions in 8,800 acres of STGA within the Caltrans R/W by June 2026.
Stormwater discharges are subject to Federal Clean Water Act (33 U.S.C. 1251 et. seq.) and State Porter-Cologne Water Quality Control Act (California Water Code, Division 7, Water Quality) legal mandates. The SHOPP Stormwater Mitigation Program features projects that implement control measures to achieve annual CU requirements and be compliant with other mandates of the NPDES Permit, as well as meeting other legal obligations and requirements.
T
o reduce cost and enhance the use of State resources to achieve maximum results in meeting NPDES Permit requirements, outreach efforts to municipalities in the nine Bay Area counties were performed for partnership opportunities that would benefit both the state and local entities. In February 2019, the issuance of CDO by SFB-RWQCB reinforced Caltrans’ goal in achieving the compliance need. The partnership between Caltrans and the City is among one of the potential stormwater mitigation and trash reduction projects. As a mutually beneficial result, Caltrans will provide the capital funding to the City for the construction of FTC devices, while the City will implement design and construction, and assume the maintenance responsibility in perpetuity through a cooperative agreement that will be developed in later phases. The City will also contribute with their own resources in the design and development of the project in subsequent phases.
Th
is project will adopt the implementation of structural control measure retrofits outside of Caltrans R/W in partnership with the City to fulfill the CDO order. It will result in Caltrans being credited a total of 16.5 CUs towards meeting its compliance requirements, with one CU Trash Reduction defined as one acre of Caltrans R/W from which all trash/debris larger than 5 04-CC-80-4.0/4.6
4 mm within the runoff is retained and captured otherwise controlled prior to discharge to water bodies.
6. ASSET MANAGEMENT
Under Federal (Moving Ahead for Progress in the 21st Century now Fixing America’s Surface Transportation Act) and State legislation (Senate Bill 486, Chapter 917), Caltrans is required to prepare a robust asset management plan to guide the development of the SHOPP. The nomination of this project in the SHOPP Tool for the 10-year SHOPP Plan and future SHOPP cycle aligns with the Caltrans Asset Management Plan.
As a FCO project, the FTC treatment devices will be constructed by the City and considered assets of the City. While no new assets will be created for Caltrans, this project will meet the Caltrans performance objective. The performance objective in the SHOPP 335 Program (Storm Water Mitigation) is acquirement of compliance units based on the acres of treated drainage shed areas within Caltrans R/W. The project’s performance measure is 16.5 CUs for trash reduction (stormwater mitigation) treating a minimum of 16.5 acres Caltrans TDA, see SHOPP Performance
Measures in Attachment C.
Unit Good Fair Poor Quantity
Existing
Condition
CU 0 0 16.5 16.5
Post
Condition
CU 16.5 0 0 16.5
7. CORRIDOR AND SYSTEM COORDINATION
Corridor Overview
CC-80
Interstate 80 (I-80) is a major east-west transcontinental freeway connecting the San Francisco and Sacramento regions and points beyond. The route is a critical goods movement route and links directly with the Port of Oakland, the nation’s 5th largest container port. Within District 4, the route passes through Alameda, Contra Costa, Napa and Solano Counties. The I-80 Corridor continuously ranks as one of the most congested corridors in the entire San Francisco Bay Area. Near the project limits, I-80 has six mixed-flow lanes and two HOV lanes. Bicycle and Pedestrian access is prohibited.
Future Projects
The following projects within the vicinity of this project are included in the State Highway Operation and Protection Program (SHOPP) and other funding programs. SHOPP is the State’s “fix-it-first” program that funds the repair and preservation of the State Highway System (SHS), safety improvements, and some highway operational improvements.
04-CC-80-4.0/4.6
5 PROJECT
ID EA Route Post
Mile Legal Description
Funding
Source/
RTL
Current
Phase
0418000051 0Q210 80
0 |
11 Install Best Management Practices in Contra Costa
County on State Route 80, From PM 0.0 To PM
11.0 at Various Locations
SHOPP/
2023 0
Source: D4 Milestone 06/17/2020
R
egional Planning
The Metropolitan Transportation Commission (MTC) functions as both the State-designated Regional Transportation Planning Agency (RTPA) and federally-designated Metropolitan Planning Organization (MPO). As such, it is responsible for the update of the Regional Transportation Plan (RTP), a long-range transportation and land use plan for the region. Under Senate Bill (SB) 375, along with an updated RTP, each region in California must develop a Sustainable Communities Strategy (SCS) that promotes active transportation within mixed-use commercial and residential development that is found close to mass transit, jobs, schools, shopping, parks, recreation, and other amenities. MTC’s Plan Bay Area (PBA) 2040, adopted in July 2017, serves as the San Francisco Bay Area’s RTP and SCS. MTC is in the process of developing PBA 2050, which will integrate long-range transportation planning with local land use and housing strategies. PBA 2050 has an expected release date of July 2021.
T
he following PBA projects are in the vicinity of this project:
Route Sponsor RTP
ID Description *Cost
*Project
Completion
Date
80 CCTA 17-02-
0021
Modifications to McBryde and San Pablo Dam Road
I/C and includes provisions for bicyclists and
pedestrians on San Pablo Dam Road
$80M 2028
80 Multi-County 17
-10-
0053
Express Lanes on westbound I-80 from Carquinez
Bridge Toll Plaza to Powell Street Direct Connector
on eastbound I-80 from Powell Street Direct
Connector to Cummings Skyway. Add new express
lane on eastbound I-80 from Cummings Skyway to
Carquinez Bridge
$81M 2022
Source: Plan Bay Area 2040, Final Project Database: https://projects.planbayarea.org * Cost and Completion Date are subject to change.
8. EXISTING FACILITY CONDITION
Corridor Geometric Information and Condition
Earth retaining systems
Not applicable to this project. All construction activities are assumed outside Caltrans R/W.
Hydraulic facilities
The locations of FTC devices are assumed outside Caltrans R/W , therefore existing hydraulic facilities are not identified.
04-CC-80-4.0/4.6
6 Landscape
All construction activities are assumed outside Caltrans R/W. Existing landscape within Caltrans R/W is therefore not identified in this PIR.
Right of Way
It is assumed all construction activities are outside Caltrans R/W , thus Caltrans R/W is not shown.
Utilities
It is assumed all construction activities are outside Caltrans R/W. No existing Caltrans utilities are shown.
Traffic volumes
Not Applicable.
Other – Best management practices (BMPs)
All construction activities are assumed outside Caltrans R/W and therefore no existing permanent BMPs within Caltrans R/W are identified in this PIR.
Other – Side slopes
All construction activities are assumed outside Caltrans R/W. Existing side slopes within Caltrans R/W are therefore not identified in this PIR.
R
oadway Geometric Information and Condition
Not applicable. The proposed FTC devices will be installed outside Caltrans R/W.
S
tructure Geometric Information
There is no existing structure involved in this project.
9. ALTERNATIVES
A
lternative A – Programmable Project Alternative
Caltrans will develop a cooperative agreement with the City to provide funding for local trash reduction projects for the implementation of:
• P
roposed FTC treatment
The build alternative consists of installing full trash capture devices at locations outside Caltrans R/W within the city limits of San Pablo. These FTC devices will provide stormwater mitigation treatment by capturing trash of the tributary drainage area in Caltrans and the City of San Pablo. While soil excavation is usually involved to install the underground device connecting to existing drainage system, the City will be responsible 04-CC-80-4.0/4.6
7 for the design and construction of these devices through their local trash capture projects.
FTC Technology is expected to be selected from SWRCB approved list, such as screening and hydrodynamic separation (examples included in Attachment D). While the final locations of the devices are to be confirmed by the City, the preliminary proximity locations are shown on Attachment A. A minimum of ten feet longitudinal clearance will be maintained from the limits of construction area if there are existing overhead lines in the FTC devices proximity area.
T
o ensure the proposed FTC treatments are in compliance, the City will submit a writing to Caltrans during PA&ED certifying that the FTC device technologies and shed area calculations are approved by the SWRCB. In addition, in the event should any work encroach Caltrans R/W, the City will need to obtain an encroachment permit from Caltrans and such work will follow the standard encroachment permit application procedure. These conditions will be included in the cooperative agreement to be developed shortly after the approval of the PIR.
• D
esign standards and deviations from design standards
There are no nonstandard features proposed for this project as the FTC devices will be installed underground. Based on experience from past projects and applicable technologies (see Attachment D), these underground FTC devices will not cause any impact to roadway, including the horizontal clearance and clear recovery zone requirements. The developing cooperative agreement will also ensure that the City is not introducing new nonstandard features as part of the project.
• E
rosion Control
Temporary erosion control measures will be implemented during construction in accordance with local specifications.
• E
arth retaining systems
Temporary earth retaining systems will be used during construction while conducting excavation activities, and will be in accordance with the provisions as specified in the proposed plan.
• Gr
een House Gas (GHG) Emissions
This project will reduce GHG emissions because the decreased trash level shall minimize the vehicles trips needed for maintenance.
• R
eversible lanes
This project does not qualify as a capacity increasing or a major street or highway realignment project and reversible lanes have not been considered. The street and highway configuration and traffic capacity will remain the same when construction is completed.
04-CC-80-4.0/4.6
8 • Current construction and Right of Way cost estimates:
Construction capital $1,650,000
Right of Way capital -
Total Current Capital Outlay $1,650,000
As an FCO project, Caltrans’ contribution is to provide the construction capital to move forward with the City’s trash mitigation projects for the mutual benefit of meeting the CDO compliance. The local projects will be designed by the City with its own resources in the project development and not considered as part of the FCO. Therefore, the supporting costs for the City to develop these mitigation projects are not covered in this PIR or cooperative agreement.
Alternative B – No Build Alternative
Caltrans will not meet the CDO requirements nor obtaining NPDES permit compliance units with the No Build Alternative which can lead to legal mandates violation subject to fiscal or other penalties.
10. COMPLETE STREETS
The intent of Caltrans Deputy Directive DD-64-R2 on Complete Streets is to ensure that travelers of all ages and abilities can move safely and efficiently along and across a network of “complete streets.” Opportunities to include Complete Streets elements were evaluated to improve safety, access, and mobility for all travelers.
It has been determined that the complete streets features are not applicable for this project because of the scope of work involved. The proposed FTC devices will be installed outside Caltrans Right of Way, within underground of local streets and result in no change to the roadway geometric features or configurations.
A Complete Streets Decision Document (CSDD) has been prepared and is included in Attachment G.
11. CLIMATE CHANGE CONSIDERATION
Greenhouse Gas (GHG) Reduction Measures
Executive Order B-30-15 requires State agencies to consider impacts from Climate Change in their planning and investment decisions. To address Executive Order B-30-15, Caltrans has issued guidance for including GHG Emissions calculations as part of the Project Initiation Document (PID) process. For applicable projects (Attachment A of Caltrans’ District Guidance for Including GHG Emissions Calculations) Caltrans is conducting project-level GHG performance evaluations using the Federal Highway Administration (FHWA) 04-CC-80-4.0/4.6
9 Infrastructure Carbon Estimator (ICE) Tool. However, for projects that cannot be evaluated readily with the FHWA ICE Tool nor with any other existing GHG emissions modelling tool, qualitative strategies are being adopted.
The purpose of the proposed project is to comply with the CDO and to fulfill NPDES permit requirements to mitigate storm water by capturing trash and is not expected to result in increased operational emissions as no additional roadway capacity will be added. In additional, this project will reduce GHG emissions as the anticipated reduced trash levels will require fewer maintenance vehicles trips in the long run. It is anticipated that the only GHG emissions impacts will occur during the construction of the project. These construction emission impacts would be considered one-time only occurrences.
Future phases of the project will include more detailed analysis of the anticipated GHG emissions during construction and if opportunities can be found to include any Climate Change features.
Wildfires
Climate change has also contributed to the surge of wildfires across California, thus, presenting an imminent threat to the State’s transportation assets. Temperature extremes from wildfires can cause extensive damage to roadway pavement, guardrails, drainages, timber retaining walls, signs and other assets. Wildfires can also have an impact on soils, making them less permeable and so reducing their ability to absorb rainfall. As a result, flood flows can increase substantially in the aftermath of a fire, which could further exacerbate the risks to bridges and culverts.
Impending wildfires not only damage transportation infrastructure, but also impact the operations of the transportation system, and increase maintenance and repair costs. Given the importance of transportation infrastructure to the State’s economy, damages resulting from wildfires are likely to result in catastrophic economic loss for the region and the State.
In response to impacts from wildfires, Caltrans has evaluated the wildfire risks of the State Highway System and considered the implications of wildfires on Caltrans, nearby communities, and the traveling public. Facilities with the greatest potential risk will receive the highest priority for adaptation.
It has been reviewed that this project of the roadway segments is in an urban setting and is less likely to be affected by wildfire nor heat waves in the near future.
Sea Level Rise
The project is not expected to impact a base floodplain, but this will be verified during PA&ED. The project is not in a location that is vulnerable to sea level rise, per maps from the San Francisco Bay Conservation & Development Commission (BCDC) at the following website: (https://explorer.adaptingtorisingtides.org/explorer ).
04-CC-80-4.0/4.6
10 12. ENVIRONMENTAL COMPLIANCE
The City will be the lead agency to obtain the environmental clearance prior to construction. An initial environmental review was performed with the Preliminary Environmental Assessment Statement (PEAS) that the project will likely receive an environmental determination of a Categorical Exemption (CE) under the California Environmental Quality Act (CEQA). Caltrans will be a CEQA responsible agency.
13. RIGHT OF WAY
The proposed FTC treatment projects are situated in the local areas and will be constructed by the City through local trash reduction projects. Therefore, it is anticipated that additional Right of Way acquisition or temporary easement will not be needed, and further utility evaluation will be performed during project design phase by the City. In the event the work shall encroach Caltrans R/W, the City will be required to obtain an encroachment permit from Caltrans.
R/W consideration has been factored in the project capital cost estimate. Any support cost associated with R/W activities will be assumed by the City. It has been determined that a Right of Way Data Sheet is not required for this FCO project.
14. STORMWATER
The project limits fall under the jurisdiction of the San Francisco Regional Water Quality Control Board (Region 2), which is responsible for implementation of State and Federal laws and regulations for water quality protection. Also, it is within Contra Costa County Municipal Separate Storm Sewer Systems (MS4).
The nearest bodies of water are San Pablo Creek and Wildcat Creek which both drain to San Pablo Bay.
The proposed project is not located within Caltrans R/W and its disturbed soil area (DSA) is estimated to be zero acre therefore, a Caltrans Water Pollution Control Plan (WPCP) or a Stormwater Pollution Prevention Plan (SWPPP) will not be required. Potential water quality impacts should be reduced to the Maximum Extent Practicable by the City of San Pablo as lead and responsible agencies through proper implementation of SWPPP consistent with the Construction General Permit (CGP). Sediment Control, Tracking Control, Non-Storm Water Controls and Waste Management and Material Pollution Controls should be considered, and appropriate construction site BMPs should be included into the Plans, Specifications and Estimate package by the lead and responsible agency.
Refer to Storm Water Data Report (Attachment E ) of this repo rt for additional information related to storm water.
04-CC-80-4.0/4.6
11 15. TRANSPORTATION MANAGEMENT PLAN
Caltrans will coordinate with the City in the development of a Transportation Management Plan (TMP) in subsequent phases to minimize delay and inconvenience to the traveling public during construction.
As FCO, Caltrans will contribute capital funds to the local projects to be performed outside Caltrans R/W within the city limits of San Pablo. In the event the local projects work shall encroach Caltrans R/W, the City will be required to obtain an encroachment permit from Caltrans. TMPs are required for all planned construction, maintenance, and encroachment permit activities on the State highway system to minimize work-related traffic delays while reducing overall duration of work activities. The permittee assumes responsibility for financing, implementing and constructing TMP requirements.
16. ADVANCE TECHNOLOGIES & COMMUNICATION SYSTEMS
As outlined in California Streets and Highways Code, Chapter 2, 2030 (d), where feasible, Caltrans shall use advanced technologies and communications systems in transportation infrastructure that recognize and accommodate advanced automotive technologies.
Pursuant to AB 1549 (2016) and Caltrans Deputy Directive DD-116, collaboration between Caltrans and agencies working on broadband deployment is encouraged and when feasible, plans for additional wired broadband facilities are accommodated.
While the PID phase may be too early to determine the feasibility of collaborative broadband installations and/or the incorporation of advanced technologies, the following accommodations were considered:
A. Wired broadband facility
The project site and scope offer no potential for broadband collaboration or vendor involvement.
B. Fueling opportunities for zero-emission vehicles
Due to the project site and scope, deployment of ZEV charging infrastructure is not feasible.
C. Provision of infrastructure-to-vehicle communications for transitional or full autonomous vehicles
Due to the project site and scope, deployment of infrastructure-to-vehicle communications is not feasible.
17. ADDITIONAL CONSIDERATIONS
Maintenance and worker safety
This is a FCO project with all proposed work outside of Caltrans R ight of Way. Nonetheless, 04-CC-80-4.0/4.6
12 workers safety is a high priority and all construction activities shall be performed under the regulations of the California Occupational Safety and Health Adminis tration (Cal/OSHA).
Traffic control, temporary lane closures, portable changeable message signs, and other safety measures shall be applied when necessary to alert traffic and improve worker safety during construction. The completion of this project will improve worker safety by minimizing the frequency and duration of routine work required to collect the trash and thus reducing the chance of workers exposing to live traffic.
Contaminated material including regulated, designated and hazardous waste The potential presence of any contaminated material will be handled in accordance to the regulations and specifications of the responsible local agency.
M
aterial and/or disposal site
During construction phase, contractor will be instructed to dispose excavated material in accordance with the project specifications. Regulatory procedures governing hazardous material remediation and waste disposal shall be conducted in accordance with all rules and regulation of pertinent agencies.
F
loodplain issues
Project impact to existing floodplains is not anticipated since the proposed FTC devices will be installed underground and make no changes to the general roadway features after construction is completed.
C
onstructability issues
There are no noticeable constructability issues at this phase.
C
onstruction staging
Construction staging is generally not required for this project.
Maintenance and Cooperative Agreements
Caltrans will obtain from the City a Letter of Intent for partnership in the subsequent phase after the project is programmed. The programmed FCO amount is the maximum State’s contribution to the City as reimbursement upon submittal and approval of the construction invoices for the FTC work. The City will also provide Caltrans the certification writing that the FTC technologies and shed area calculations are approved by the SWRCB. To be included in the upcoming maintenance agreement, as mutually agreed arrangement, the City will assume the maintenance responsibility of the devices in perpetuity. The project maintenance and cooperative agreements (including details of the above basic terms) between Caltrans and the City will be developed after the approval of this PIR. It is anticipated that the cooperative agreement will be executed after the project is programmed. The maintenance agreement will also be developed as the project moves forward.
Recycled Materials
Non-contaminated materials from excavation will be recycled and utilized where applicable.
P
roject does not involve the following topics:
• Accommodation of oversize loads
04-CC-80-4.0/4.6
13 • Airports or emergency related helipads
• Air quality conformity
• Environmental Justice (Title VI consideration)
• Graffiti control
• Material disposal, staging and borrow sites
• Noise abatement decision report
• Reversible Lanes
• Resource conservation
• Report on feasibility of providing access to navigable rivers • Route adoptions, freeway agreements, relinquishments and modification of access control • Salvaging and recycling of hardware and other non-renewable resources • Tribal Employment Rights Ordinance
• Value analysis
18. ESTIMATE, FUNDING AND PROGRAMMING
Estimate
T
his PIR has been developed for financial contribution only. Based on HQ Program Advisor William Pan’s recommendation of allocating $100,000 per CU, Caltrans will receive a total of
16.5 CU credits toward the CDO compliance by contributing $1,650,000 as capital funds to the City. This is the maximum amount Caltrans will contribute. The City will assume the financial responsibility should the construction cost exceed the FCO amount, and for any future cost increases such as project cost escalation, construction change orders or other unforeseen costs.
Estimated Capital & Support Cost ($1,000s)- Programmable Alternative Component (A)
Total
Optimistic
(B)
Total
Pessimistic
(C)
Total
Most
Likely
(D)
Risk
Amount
(E)
Total
including
Risk
(C+D)
(F)
# Years to
Mid Yr of
Component
(G)
Escalation
Rate
(H)
Escalation
Amount
(I)
Total
Escalate
d Cost
(E + H)
Support
PA&ED - - - - - - - -
PS&E - - - - - - - - -
Right
of Way - - - - - - - - -
Construction - - - - - - - - -
Capital
Right
of Way - - - - - - - - -
Construction - - 1,650 - 1,650 - - - 1,650
Totals - - 1,650 - 1,650 - - - 1,650
04-CC-80-4.0/4.6
14 Funding
This project is funded under SHOPP 201.335, Storm Water Mitigation Program. The proposed funding fiscal year for this project is 2021/2022 . It is determined that this project is eligible for Federal-aid funding.
Cooperative Agreement
Caltrans and the City will develop and execute a cooperative agreement that would describe roles and responsibilities of various parties. Caltrans will obtain a letter of intent from the City in the subsequent phase, and a cooperative agreement will be developed shortly after the approval of the PIR and anticipated to be executed after the project is programmed.
This report will be used as the authorizing document for the contribution or cooperative agreement with the City.
Programming
Fund Source Fiscal Year Estimate for the Programmable Alternative
20.XX.201.335 Current 21/22 22/23 23/24 24/25 25/26 26/27 Future Total Component In thousands of dollars ($1,000)
PA&ED
Support - - - - - - - - -
PS&E Support - - - - - - - - -
Right of Way
Support - - - - - - - - -
Construction
Support - - - - - - - - -
Right of Way - - - - - - - - -
Construction - 1,650 - - - - - - 1,650
Total - 1,650 - - - - - - 1,650
Since Caltrans is not the implementing agency for this project, no support cost is proposed or programmed. Support expenditures will be resourced through the oversight process. The Caltrans oversight provided for the project will not be covered by the SHOPP funds. It is recommended that a cost estimate of $1,650,000 be programmed in the 2020 SHOPP to fund the capital cost of the stormwater mitigation and trash reduction project. 04-CC-80-4.0/4.6
15 19. DELIVERY SCHEDULE
Pr
oject Milestones Milestone Date*
(Target)
Program Project 08/19/2021
Begin Construction 09/01/2022
End Construction 03/01/2023
End Project 09/01/2024
*As
sumed milestones (actual milestones to be determined and completed by the City).
20. EXT
ERNAL AGENCY COORDINATION
Federal Highway Administration (FHWA)
This project is considered to be a delegated project in accordance with the current Stewardship and Oversight Agreement signed between FHWA and Caltrans on May 28th, 2015.
21. PROJECT REVIEWS
Scoping team field review Date
Scoping team field review was not conducted as this is a FCO project.
Safety field review Date
Safety field review was not conducted as this is a FCO project.
District Program Advisor Hardeep Takhar Date 5/5/21
Headquarters SHOPP Program Advisor William Pan Date 5/5/21 District Maintenance Leah Budu Date 5/5/21
Headquarters Project Delivery Coordinator Robert Effinger Date 5/5/21 Project Manager Gezahegn Tizazu Date 5/5/21
FHWA Lanh Phan Date 5/5/21
District Safety Review Hai Xu Date 5/5/21
Constructability Review Robert Kobal Date 5/5/21
04-CC-80-4.0/4.6
16 22. PROJECT PERSONNEL
Name Title & Office Phone No.
Gezahegn Tizazu Project Manager, Project Management 510-714-7089 Celia McCuaig Office Chief, Advance Planning 510-507-5708 Hardeep Takhar District Program Advisor, Water Quality 510-715-6816 Warwick W.T. Cheung Senior Project Engineer, Advance Planning 510-960-0894 Sherry Huang Project Engineer, Advance Planning 510-504-7561 Thomas Rosevear Senior Env. Planner, Env. Analysis 510-506-1508 Wilfung Martono Storm Water Coordinator, Water Quality 408-697-8098 Jagjiwan Grewal HQ SHOPP Program Manager 916-956-3829 William Pan HQ SHOPP Program Advisor 916-956-5518
23. ATTACHMENTS (Number of Pages)
A. Project Location Map (1)
B. R
isk Register (1)
C. SHOPP Performance Measures (1)
D. Conceptual FTC Devices and Technology (16)
E. Storm Water Data Report (8)
F. Project Initiation Proposal (3)
G. Complete Streets Decision Document (CSDD) (5)
Attachment A
Project Location
Project Location Map
Attachment B
Risk Register
Form v3.4 last modified April 2019
Risk Checkpoint:
Date: Optimistic PERT Pessimistic Optimistic PERT Pessimistic Project Nickname: Full Trash Capture Treatments (Financial Contribution Only) $0 $0 $0 0 0 0 EA: 04-0W080K $0 $0 $0 0 0 0
Co-Rt, Post Miles: CC-80-4.0/4.6 $0 $0 $0 0 0 0
$0 $0 $0 0 0 0
$0 $0 $0 0 0 0
Capital Costs: $0 $0 $0 0 0 0
Support Costs: $0 $0 $0 0 0 0
$0 $0 $0 0 0 0
$0 $0 $0 0 0 0
Status ID # Type Category Title Risk Statement Current status / assumptions Risk Trigger Probability (P) Cost Impact
Schedule Impact (I)
Cost Score Schedule
Score (PxI) Strategy Response Actions Risk Owner Updated Impacted Phase Support (Hrs) Capital Cost ($k) Schedule (Days) Calculated
Contingency
O O
ML ML
P P
5%
O O
ML ML
P P
5%
O O
ML ML
P P
O O
ML ML
P P
20%
O O
ML ML
P P
40%
O O
ML ML
P P
20%
O O
ML ML
P P
40%
O O
ML ML
P P
5%
O O
ML ML
P P
20%
O O
ML ML
P P
O O
ML ML
P P
40%
2 - Low (<$87k) 4
Mitigate Caltrans to coordinate with San Pablo to ensure a timely execution of the maintenance agreement.
Caltrans & City
Project Managers 2/3/2021
0-PA&ED Sup
4 - Moderate (1-3
months) 8
Active 8 Threat Project
Management
Need for
Maintenance
Agreement
Work encroaching Caltrans' R/W may require
negotiation of a maintenance agreement leading to
schedule delays to meet the milestone resulting in
additional cost and schedule delays.
The City agrees to maintain
the facilities whether they are
located outside or within
Caltrans R/W. Maintenance
agreement, if required, will be
executed shortly after the
project is programmed.
Executive of a maintenace
agreeemnt is required.
2-Low (11-
30%)
1 - Very Low
(Insignificant) 1
Mitigate Caltrans to coordinate with the City to ensure the agreement will be executed as scheduled.
Caltrans & City
Project Managers 2/3/2021
0-PA&ED Sup
4 - Moderate (1-3
months) 4
Active 7 Threat Project
Management
Delay in
Cooperative
Agreement
The cooperative agreement may not be signed by
the City leading to schedule delays to meet the
internal milestone resulting in additional cost and
schedule delays.
It is assumed the cooperative
agreement will be executed
shortly after the project is
programmed.
Delay in excecuting the
cooperative agreement.
1-Very Low (1-
10%)
4 - Moderate (1-3
months) 4
Avoid
Caltrans to look for other alternatives to achieve the
project goals of fulfilling the CDO mandate and NPDES
permit requirements.
Program
Manager 2/3/2021
0-PA&ED Sup2
Risk Register for 04-0W080K, Full Trash Capture Treatments (Financial Contribution Only) 9-RW Cap
Support Contingency
3-Con Sup
2-RW Sup
1-PS&E
Project Manager: Gezahegn Tizazu
FY & Program (SHOPP or STIP): 2020 (SHOPP)
$1,650k
PhasePID
5/4/2021
0-PA&ED
4-Con Cap
Risk Response
Total Contingency
Risk Identification
$0k
Risk Assessment
Capital Contingency
Cost Contingency Range $k
Quantifying "Red" (High P & I) Level Risks
Total Costs: $1,650k
RTL Target: 4/1/2025
Schedule Contingency Range ( Wkg Days)
The possibility of objections by local communities
may lead to additional public engagement, resulting
in additional schedule delays.
Once installed, the FTC
devices are buried
underground and shall have
no negative impact to
surrounding communities. It
is unforeseeable that the
project will receive local
dismay.
The possibility that City Councils of San Pablo may
vote to disapprove the funding of its trash reduction
projects leading to a lack of available local funds
resulting in additional project cost and schedule
delays.
City of San Pablo will meet
100% trash capture
mandates.
Strong opposition from local
communities received during
project delivery.
1-Very Low (1-
10%)
2 - Low (<$2,655k)
Active 2 Threat Stakeholders Public Interest
2 - Low (<$575k)
City Councils of San Pablo
disapprove their own
mitigation projects.
1-Very Low (1-
10%)Active 1 Threat Stakeholders External Agency
0-PA&ED Sup
2 - Low (<1 month) 2
2 Mitigate
Coordinate with the City to promote local awareness of
the project advantages and to reduce public
inconvenience during construction through publicity
efforts.
Caltrans & City
Project Managers 2/3/2021
Should the local City's proposed locations encroach
State R/W due to physical constraint (connection to
existing CT drainage facilities), review and approval
of encroachment permit will be necessary requiring
added permitting procedural time leading to local
not meeting project milestones resulting in
additional cost and delays.
The proposed FTC units will
be located outside Caltrans
R/W in San Pablo.
The City will notify CT that
their locations will be within
State R/W.
2-Low (11-
30%)
2 - Low (<$2,655k)
Active 3 Threat Design
Need for
Encroachment
Permit
0-PA&ED Sup
4 - Moderate (1-3
months) 8 4-Con Cap
4 Mitigate
Collaboration efforts between Caltrans and the City to
ensure a timely submittal and review of the
encroachment permit application by all functional units.
Caltrans & City
Project Managers 2/3/2021
Under the CA COVID-19 color
tier assignments, the project
development process by local
and its consultant team may
encounter unforeseen
circumstances causing delay.
Local trash reduction projects
not meeting its targeted
project milestones in design
and construction.
3-Moderate (31-
50%)
2 - Low (<$2,655k) 6
Active 4 Threat Design COVID-19
The design process of local trash reduction projects
may be impacted by the current pandemic leading
to RTL delay resulting in additional cost and time. 4 - Moderate (1-3 months) 12
Mitigate
Caltrans to coordinate with the City to ensure an early start in the local project development process to allow flexibility in project schedule.
City Project
Manager 5/4/2021
0-PA&ED Sup
The City of San Pablo did not provide reliable
CEQA studies for Caltrans to issue NEPA clearance
leading to additional Caltrans efforts to perform
environmental studies, resulting in additional cost
and schedule delay.
The City is the CEQA lead
agency and Caltrans will be a
CEQA responsible agency.
The City will submit a reliable
CEQA study to support
Caltrans' efforts in
determining the status of
NEPA clearnance.
NEPA study has to be done
by Caltrans because the City
did not provide reliable CEQA
studies, in order to support a
Caltrans approve NEPA
environmental clearance.
2-Low (11-
30%)
2 - Low (<$2,655k)
Active 5 Threat Environmental NEPA clearance
0-PA&ED Sup
2 - Low (<1 month) 4
4 Mitigate
The City of San Pablo has to submit an encroachment
permit application for the work that are within Caltrans R/W. The encroachment permit applicant (City) is
required to provide environmental studies for Caltrans
review to issue the NEPA clearance.
Caltrans & City
Project Managers 5/4/2021
The possibility of an unexpected higher bid from
contractors leading to construction cost exceeding
the FCO amount which can result in a project
funding shortfall for the City of San Pablo
It is assumed the FCO
amount is appropriate for
CT's share.
Higher than expected bid
price resulted.
3-Moderate (31-
50%)
2 - Low (<$2,655k)
Active 6 Threat Construction Higher Bids
4-Con Cap
2 - Low (<1 month) 6
6 Accept
Caltrans contribution of funds is capped at the FCO
amount, should there be any need of additional funds to complete the project, the City would be responsible to
secure and provide the additional funding.
City Project
Manager 2/3/2021
Active 9 Threat Design
Projects Not
Federalized by
the City
The City of San Pablo did not anticipate for its
projects to be federalized leading to modification of
projects to federal standard resulting in schedule
delay and cost increase.
Federal funds is assumed
and NEPA is required
The City did not federalize its
projects.
3-Moderate (31-
50%)
2 - Low (<$87k) 6
Mitigate
Proactive project coordination between the City and
Caltrans to identify issues and find solutions for the City to federalize its projects.
Caltrans & City
Project Managers 4/29/2021
0-PA&ED Sup
4 - Moderate (1-3
months) 12 1-PS&E Sup
Printed 5/16/2021 Risk Register Page 1 of 1
Attachment C
SHOPP Performance Measures
Attachment D
Conceptual FTC Devices
and Technology
Debris Separating Baffle Box
A Stormwater Separation Solution
A Forterra Company
ADVANTAGES
• SEPARATES TRASH AND DEBRIS
FR OM SEDIMENT AND WATER
• EASIL Y INSTALLED IN-LINE
(L OW HEAD LOSS)
• DU AL-STAGE TREATMENT
( SCREENING AND SEPARATION)
• ENHANCED 3-CHAMBERED
SEPARATION
PERFORMANCE
100%
REMOVAL OF
TRASH AND
DEBRIS
• MEETS FULL
CAPTURE
REQUIREMENTS
OVERVIEW
The Bio Clean Debris Separating Baffle Box (DSBB) is an advanced stormwater treatment system utilizing non-cloggingv screening and hydrodynamic separation to capture pollutants.
The non-clogging screening system stores trash and debris in a dry state, suspended above the sedimentation chambers, minimizing nutrient leaching, bacterial growth, bad odors, and allows for easier cleaning.
The DSBB’s triple-chambered design provides higher removals of total suspended solids over a wide range of particle sizes, including the finest particles. Fine sediments carry large amounts of heavy metals, nutrients, and other harmful pollutants. The deflector shields ensure no scouring of captured sediments during high flow. This feature allows the system to be installed in-line, thus eliminating the need
for diversion structures.
The oil skimmer and
hydrocarbon booms
trap oil.
The DSBB is a widely
accepted stormwater
treatment solution
among civil engineers,
municipalities, and
developers nationwide.
Filtration screens full sediment chambers 50% full.
OPERATION
SPECIFICATIONS
STORAGE
CAPACITY ( cu. ft. )
SURFACE LOADING AREA
(sq.ft. )MODEL #
4826DSBB-4-6
7032DSBB-4-8
10450DSBB-5-10
14972DSBB-6-12
20996DSBB-8-12
244112DSBB-8-14
307140DSBB-10-14
470176DSBB-11-16
832264DSBB-11-24
1190374DSBB-11-34
Oil Skimmer
Hydrocarbon Boom
Turbulence
Deflectors
Sedimen Chambers
Splitter Screen
Access Hatches
Inflow Pipe Outflow Pipe
Filtration Screen
• Splitter Screen – Directs flows to the filtration
scr eens and provides additional screen flow
capacit y. Non-clogging for continuous
maint enance-free treatment.
• Filtration Screen – Collects and stores trash,
debris, or ganics, and oxygen demanding
substanc es above standing water in a dry state.
• Turbulence Deflectors – Prevent resuspension of
captur ed pollutants.
• Sediment Chambers – Maximizes TSS removal
and eliminat es scouring during extreme flow
rates.
• Skimmer and Boom – Collects hydrocarbons and
c ontrols flow velocity which improves removal
efficiency.
DURING STORM EVENTS
Trash, debris, and organics are captured in the
filtration screen as sediments settle to the
bottom chambers. Hydrocarbons are removed
and absorbed by the boom.
BETWEEN STORM EVENTS
Trash, debris, and organics are stored in a
suspended screen system allowing pollutants to
dry out between storm events. This eliminates
septic conditions and prevents leaching of
plant-based organics into water.
• Commercial
• Residential
• Retrofit
APPLICATIONS
• P retreatment for:
- R euse Systems
- Infiltr ation Basins
- Bior etention and Swales
- Det ention Basins
- W et Ponds
- Media F ilters
Built-In Diversion Eliminates the Need for Diversion Structures
PRETREATMENT
& DIVERSION
Low Flow (First Flush)
Diversion
RETROFIT & NEW
CONSTRUCTION
High Flow
Bypass Pipe
Inflow Pipe
Underground Detention/
Retention Chambers
OPERATION
COMPARISON RESUL TS
HYDRODYNAMIC
SEPARATOR (DSBB)
OTHER
SEPAR ATORS
4 feet
7 to 20 feet
Low Flow (First Flush)
Diversion
• Stores trash, debris, and organics in screening
system separated from water below.
• Separation prevents odor, bacterial growth,
nutrient leaching, and septic conditions.
• Shallow profile minimizes maintenance cost:
- L ess shoring
- P erfect for areas with high ground water
• Trash, debris, and organics are captured
and stored in standing water.
• Standing water promotes nutrient
leaching, bad odors, bacterial growth,
and complicates maintenance.
• High e xcavation cost
• Extr a shoring
• C hallenge with shallow ground water
INSTALLATION
1-hour set time internal components are installed
prior to delivery.
Minimal excavation bottom of structure less
than 4 ft. from invert of pipe. Low pick weights
delivered in a top and bottom to minimize weight.
Separating pollutants minimizes costs - screen
system allows gross solids to be removed without
vacuuming out water or sediment chambers.
Screen systems are hinged for easy access to
sediments collected in lower chambers.
MAINTENANCE
No confined space entry is required for servicing.
Cleaning can be accessed through manhole or
hatch above ground with vac truck.
010319R1A
5796 Armada Drive Suite 250
Carlsbad, CA 92008
855.566.3938
[email protected]
biocleanenvironmental.com
A Forterra Company
ENGINEERED SOLUTIONS
CDS
®
Hydrodynamic Separator
Your Contech Team
Contech is the leader in stormwater
management solutions, helping engineers,
contractors and owners with infrastructure and
land development projects throughout North
America.
With our responsive team of stormwater experts,
local regulatory expertise and flexible solutions,
Contech is the trusted partner you can count on for
stormwater management solutions.
STORMWATER
CONSULTANT
It’s my job to recommend
the best solution to meet
permitting requirements.
STORMWATER
DESIGN ENGINEER
I work with consultants to design
the best approved solution to
meet your project’s needs.
REGULATORY MANAGER
I understand the local stormwater
regulations and what solutions
will be approved.
SALES ENGINEER
I make sure our solutions
meet the needs of the contractor
during construction.
The experts you need to solve your
stormwater management challenges
Contech is your partner in stormwater management solutions Your Contech Team
Contech is your partner in stormwater management solutions ENGINEERED SOLUTIONS The CDS hydrodynamic separator uses swirl concentration and continuous deflective separation to screen, separate and trap trash, debris, sediment, and hydrocarbons from stormwater runoff.
At the heart of the CDS system is a unique screening technology used to capture and retain trash and debris. The screen face is louvered so that it is smooth in the downstream direction. The effect created is called “Continuous Deflective Separation.” The power of the incoming flow is harnessed to continually shear debris off the screen and to direct trash and sediment toward the center of the separation cylinder. This results in a screen that is self-cleaning and provides 100% removal of floatables and neutrally buoyant material debris 4.7 mm or larger, without blinding.
CDS is used to meet trash Total Maximum Daily Load (TMDL) requirements, for stormwater quality control, inlet and outlet pollution control, and as pretreatment for filtration, detention/infiltration, bioretention, rainwater harvesting systems, and a variety of green infrastructure practices.
Unique screening technology for
stormwater runoff – CDS®
Setting new standards in Stormwater Treatment
CDS® Features and Benefits
FEATURE BENEFIT
Captures and retains 100% of floatables and
neutrally buoyant debris 4.7mm or larger Superior pollutant removal Self-cleaning screen Ease of maintenance
Isolated storage sump eliminates scour
potential Excellent pollutant retention
Internal bypass Eliminates the need for additional
structures
Multiple pipe inlets and 90-180º angles Design flexibility Clear access to sump and stored pollutants Fast, easy maintenance A fundamentally different approach to trash control ...
Traditional approaches to trash control typically involve “direct screening” that can easily become clogged, as trash is pinned to the screen as water passes through. Clogged screens can lead to flooding as water backs up. The design of the CDS screen is fundamentally different. Flow is
introduced to the screen face which is louvered so that it is smooth in the downstream direction. The effect created is called “Continuous Deflective Separation. ” The power of the incoming flow is harnessed to continually shear debris off the screen and to direct trash and sediment toward the center of the separation cylinder.
The CDS® Screen
APPLICATION TIPS
• B ecause of its internal peak
bypass weirs, CDS systems
can provide cost savings
by eliminating the need for
additional structures.
•
P
retreating detention,
infiltration, and green
infrastructure practices
with CDS can protect
downstream structures
and provide for easy
maintenance.
•
T
he CDS an ideal
solution for retrofit
applications due to its
compact footprint and
configuration flexibility.
Setting new standards in Stormwater Treatment ENGINEERED SOLUTIONS Traditional stormwater
treatment site design
Why use traditional stormwater design when ONE system can do it all ...
The CDS effectively treats stormwater runoff while reducing the number of structures on your site.
Inline, offline, grate inlet, and drop inlet configurations available. Internal and external peak bypass options also available.
CDS® Design Configuration
• Gr ate inlet option available
•
I
nternal bypass weir
•
A
ccepts multiple inlets at a variety of angles
•
A
dvanced hydrodynamic separator
•
C
aptures and retains 100% of floatables and neutrally buoyant debris 4.7 mm or larger
•
I
ndirect screening capability keeps screen from clogging •
R
etention of all captured pollutants, even at high flows •
P
erformance verified by NJCAT, WA Ecology, and ETV Canada CDS® Advantages
Learn More:
www.ContechES.com/cds
INLET
JUNCTION
BYPASS
STRUCTURE
TREATMENT
UNIT
A Traditional Stormwater Treatment Site Design
w
ould require several structures on your site.
W
ith CDS, one system can do it all!
GRATE INLET
(CAST IRON HOOD FOR
CURB INLET OPENING)
CREST OF BYPASS WEIR
(ONE EACH SIDE)
INLET
(MULTIPLE PIPES POSSIBLE)
OIL BAFFLE
SUMP STORAGE SEPARATION SLAB
TREATMENT SCREEN
OUTLET
INLET FLUME
SEPARATION CYLINDER
CLEAN OUT
(REQUIRED)
DEFLECTION PAN, 3 SIDED
(GRATE INLET DESIGN)
Save time, space and money with CDS
CDS® Applications
CDS is commonly used in the following stormwater applications:
•
S
tormwater quality control – trash, debris, sediment, and hydrocarbon removal •
Ur
ban retrofit and redevelopment
•
I
nlet and outlet protection
•
P
retreatment for filtration, detention/infiltration, bioretention, rainwater harvesting systems, and Low Impact Development designs
CDS has been verified by some of the most stringent stormwater technology evaluation organizations in North America, including:
•
W
ashington State Department of Ecology (GULD) - Pretreatment •
New Jersey D
epartment of Environmental Protection (NJDEP)
•
C
anadian Environmental Technology Verification (ETV)
•
C
alifornia Statewide Trash Amendments Full Capture System Certified* Select CDS® Certifications and Verifications
*The CDS System has been certified by the California State Water Resources Control Board as a Full Capture System provided that it is sized to treat the peak flow rate from the region specific 1-year, 1-hour design storm, or the peak flow capacity of the corresponding storm drain, whichever is less.
CDS® pretreats a bioswaleCDS® provides trash control
Save time, space and money with CDS
CDS® Maintenance
Select a cost-effective and easy-to-access treatment system ...
Systems vary in their maintenance needs, and the selection of a cost-effective and easy-to-access treatment system can mean a huge difference in maintenance expenses for years to come.
A CDS unit is designed to minimize maintenance and make it as easy and inexpensive as possible to keep our systems working properly.
INSPECTION
Inspection is the key to effective maintenance. Pollutant deposition and transport may vary from year to year and site to site. Semi-annual inspections will help ensure that the system is cleaned out at the appropriate time. Inspections should be performed more frequently where site conditions may cause rapid accumulation of pollutants.
RECOMMENDATIONS FOR CDS MAINTENANCE
The recommended cleanout of solids within the CDS unit’s sump should occur at 75% of the sump capacity. Access to the CDS unit is typically achieved through two manhole access covers – one allows inspection and cleanout of the separation chamber and sump, and another allows inspection and cleanout of sediment captured and retained behind the screen. A vacuum truck is recommended for cleanout of the CDS unit and can be easily accomplished in less than 30 minutes for most installations.
ENGINEERED SOLUTIONS
Most CDS® units can easily be cleaned
within thirty minutes.
Design Your Own Hydrodynamic Separator
(DYOHDS™)
Learn More:
www.ContechES.com/dyohds
Quickly prepare designs for estimates and
project meetings ...
• M ultiple sizing methods available.
•
Sit
e-specific questions ensure the selected unit will comply with site constraints.
•
M
ultiple treatment options may be available based on
regulations and site parameters.
•
F
ollow up reports contain a site-specific design, sizing summary, standard detail, and specification.
Few companies offer the wide range of high-
quality stormwater resources you can find with
us — state-of-the-art products, decades of
expertise, and all the maintenance support you
need to operate your system cost-effectively.
ENGINEERED SOLUTIONS
A partner
y
ou can rely on
THE CONTECH WAY
Contech® Engineered Solutions provides innovative, cost-effective site solutions to engineers, contractors, and developers on projects across North America. Our portfolio includes bridges, drainage, erosion control, retaining wall, sanitary sewer and stormwater management products.
TAKE THE NEXT STEP
For more information: www.ContechES.com
STORMWATER
SOLUTIONS
PIPE
SOLUTIONS
STRUCTURES
SOLUTIONS
NOTHING IN THIS CATALOG SHOULD BE CONSTRUED AS A WARRANTY. APPLICATIONS
SUGGESTED HEREIN ARE DESCRIBED ONLY TO HELP READERS MAKE THEIR OWN EVALUATIONS
AND DECISIONS, AND ARE NEITHER GUARANTEES NOR WARRANTIES OF SUITABILITY FOR ANY APPLICATION. CONTECH MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, RELATED TO THE APPLICATIONS, MATERIALS, COATINGS, OR PRODUCTS DISCUSSED HEREIN. ALL IMPLIED
WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED BY CONTECH. SEE CONTECH’S CONDITIONS OF SALE (AVAILABLE AT WWW.CONTECHES.COM/COS) FOR MORE INFORMATION. © 2019 Contech Engineered Solutions LLC, a QUIKRETE Company A ll Rights Reserved. Printed in the USA.) Revision 10/19
Get social with us:
800-338-1122 | www.ContechES.com
Attachment E
Storm Water Data Report
(04-CC-VAR PM VAR/VAR) Short Form - Stormwater Data Report (EA 04-0W080K) (May 2021)
PPDG July 2017 1 of 7
Dist-County-Route: 04-CC-80 PM 4.0/4.6
Post Mile Limits: 04-CC-80-PM 4.0/4.6
Project Type: Fund Contribution Only (FCO) Trash Capture Device Project ID (EA): 0420000170 (04-0W080K)
Program Identification: SHOPP 201.335
Phase: PID PA/ED PS&E
Regional Water Quality Control Board(s): San Francisco Bay (Region 2)
1. Does the project disturb 5 or more acres of soil? Yes No
2. Does the project disturb 1 or more acres of soil and not qualify for the Rainfall Erosivity Waiver? Yes No
3. Is the project required to implement Treatment BMPs? Yes No
4. Does the project impact existing Treatment BMPs? Yes No
If the answer to any of the preceding questions is “Yes”, prepare a Long Form – Stormwater Data Report .
Unless otherwise agreed upon by the District/Regional Design Stormwater Coordinator.
Total Disturbed Soil Area: 0.0 Acres New Impervious Surface: 0.0 Acres Estimated Const. Start Date: 06/15/2025 Estimated Const. Completion Date: 06/15/2026 Risk Level: RL 1 RL 2 RL 3 Not Applicable
Is MWELO applicable? Yes No
This Short Form – Stormwater Data Report has been prepared under the direction of the following Licensed Person. The Licensed Person attests to the technical information contained herein and the data upon which recommendations, conclusions, and decisions are based. Professional Engineer or Landscape Architect stamp required at PS&E only.
Sherry Huang, Registered Project Engineer Date
I have reviewed the stormwater quality design issues and find this report to be complete, current, and accurate:
[Stamp Required at PS&E only]
Wilfung Martono, District/Regional Design SW Coordinator or Designee
Date
05/19/2021
05/19/21
(04-CC-80 PM 4.0/4.6) Short Form - Stormwater Data Report (EA 04-0W080K) (May 2021)
PPDG July 2017 2 of 7
Project Description
This is a Financial Contribution Only (FCO) project with the purpose for Caltrans to fund installation of Full Trash Capture (FTC) devices through partnership with City of San Pablo (San Pablo) in Contra Costa County with the objective to retain and capture all trash/debris (larger than 5 mm) to meet both Caltrans and local requirements. Caltrans requirements are outlined in Attachment V (San Francisco Bay Region requirements on trash reduction) of the Caltrans National Pollution Discharge Elimination System (NPDES) Permit, which is further reinforced by the issuance of a Cease and Desist Order (CDO) (Order No R2 -2019-0007) by the San Francisco Bay Regional Water Quality Control Board (SFB - RWQCB) in February 2019. The local requirements are outlined in Provision C.10 of the San Francisco Bay Municipal Regional Permit (MRP).
Once the trash capture device is constructed, the device will capture and detain trash/debris larger than 5 mm from stormwater run -off resulting fr om a 1 -year, 1 -hour storm event in the tributary drainage area (TDA) from both Caltrans and local Right-of-Way (R/W). Once programmed, the project will provide Compliance Unit (CU) for Trash Reduction (Stormwater Mitigation) requirement. One Compliance Unit (CU) Trash Reduction (Stormwater Mitigation) is defined as one acre of Caltrans R/W from which all trash/debris larger than 5 mm within the runoff is retained and captured otherwise controlled prior to discharge to water bodies.
The current scope of work indicates none of these devices will be placed within Caltrans R/W.
Therefore, the project is not expected to require Caltrans R/W. Since all work is outside of Caltrans R/W, the project is anticipated to have no Disturbed Soil Area (DSA) or New Impervious Surface (NIS) within Caltrans R/W.
The local city/county will be the lead and responsible agency for all phases of work, including planning, environmental clearance, design, and construction. The local city/county will also be responsible for the future operation and maintenance of the devices.
Following project programming, Caltrans will develop co-operative implementation agreement(s) with San Pablo to provide funding for local trash reduction project(s) with the intent to reduce trash fr om significant trash generation areas (STGA) within Caltrans R/W. The scope of work includes State Water Resources Control Board (SWRCP) approved full trash capture devices (i.e. Hydro-Dynamic Separator) within San Pablo’s R/Ws. San Pablo will be the lead and responsible agencies for all phases of work, including work that are within Caltrans R/W . This project would credit Caltrans approximately 16.5 Compliance Units (Acres) toward meeting the CDO requirement. Currently, the total project cost is estimated to be $1,740,000.
Site Data and Stormwater Quality Design Issues
For the given scope of work within Caltrans R/W neither 401 certification and or 404 permit are required. The nearest bodies of water to Route 80 project limits are San Pablo Creek and Wildcat Creek which both drain to San Pablo Bay. The watersheds information for the project locations are listed in Table 1.
The project area is within the SFB-RWQCB, hereafter “Region 2”, which is responsible for implementation of State and Federal laws and regulations for water quality protection. Also, it is within Contra Costa County Municipal Separate Storm Sewer Systems (MS4).
Per the Region 2’s Basin Plan dated May 04, 2017, Table 2 summarizes the beneficial uses for the Sub Areas encompassed in the project scope. San Pablo Creek and Wildcat Creek contain all three beneficial uses (COLD, MIGR and SPWN) therefore the project area within Route 80 is within a high- risk receiving watershed.
Per the Clean Water Act (CWA) Section 303(d) List of Water Quality Limited Segments’, Table 3 summarizes the San Pablo Creek, Wildcat Creek, and San Pablo Bay pollutants and whether they meet water quality standards. Based on the CWA 2014 - 2016 TMDLs & 303(d) lists. Kirker and San Pablo (04-CC-80 PM 4.0/4.6) Short Form - Stormwater Data Report (EA 04-0W080K) (May 2021)
PPDG July 2017 3 of 7
Creeks are impaired for trash and Sacramento-San Joaquin Delta, Suisun Bay, and San Pablo Bay are impaired for mercury and PCBs. For more detail about the pollutants check Table 3.
Table 1- Watersheds Information
Watershed Information Project Location
80-PM 4.0/4.3 80-PM 4.3/4.6
Hydrologic Unit San Pablo San Pablo
Hydrologic Area Pinole Pinole
Hydrologic Sub-Area (HSA) # 206.6 206.6
HSA Area (acres) 64,848 64,848
Watershed San Pablo Creek-Frontal
San Pablo Bay Estuaries
San Pablo Creek-Frontal
San Pablo Bay Estuaries
Sub watershed Pinole Creek-Frontal San
Pablo Bay Estuaries San Pablo Creek
Average Annual Precipitation (inches) 19.36 23.17
Table 2: Waterbody with Beneficial Uses
Surface
Water Body
AGR
MUN
FRSH
GWR
IND
PROC
COMM
SHELL
COLD
EST
MAR
MIGR
RARE
SPWN
WARM
WILD
REC-1
REC-2
NAV
San Pablo
Creek E E E E E E E E E
Wildcat
Creek E E E E E E E E E
San Pablo
Bay E E E E E E E E E E E
Agricultural Supply (AGR); Municipal and Domestic Supply (MUN); Freshwater Replenishment (FRSH); Groundwater Recharge (GWR); Industrial Service Supply (IND); Industrial Process Supply (PRO C); Commercial and Sport Fishing (COMM); Shellfish Harvesting (SHELL) ; Cold Freshwater Habitat (COLD); Estuarine Habitat (EST); Marine Habitat (MAR); Migration of Aquatic Organisms (MIGR); Rare, Threatened, or Endangered Species (RARE); Spawning, Reproduction, and/or Early Development (SPWN); Warm Freshwater Habitat (WARM); Wildlife Habitat (WILD); Contact/Non-Contact Water Recreation (REC-1/REC-2); Navigation (NAV); *E: Existing beneficial use
(04-CC-80 PM 4.0/4.6) Short Form - Stormwater Data Report (EA 04-0W080K) (May 2021)
PPDG July 2017 4 of 7
Table 3: TMDLs & 303(d) Listed Water Bodies (2014 – 2016) Wildcat Creek
Water Body Type: River, Stream
Estimated Size: 12.31 Miles
Pollutant Source Status
Diazinon Unknown Being addressed with USEPA approved TMDL San Pablo Creek
Water Body Type: River & Stream
Estimated Size: 11.25 Miles
Diazinon Urban
Runoff/Storm
Sewers
Being addressed with USEPA approved TMDL
Trash Unknown Being addressed with action other than TMDL San Pablo Bay
Water Body Type: Bay, Harbor
Estimated Size: 68,348.9199 Acres
Pollutant Source Status
Chlordane Unknown TMDL required
DDT Unknown TMDL required
Dieldrin Unknown TMDL required
Dioxin compounds (including
2,3,7,8-TCDD)
Unknown TMDL required
Furan Compounds Unknown TMDL required
Invasive Species Unknown TMDL required
Mercury Unknown Being addressed with USEPA approved TMDL PCBs Unknown Being addressed with USEPA approved TMDL
PCBs (dioxin-like) Unknown Being addressed with USEPA approved TMDL Selenium Unknown Being addressed with USEPA approved TMDL Construction Site BM Ps
The proposed project is not located within Caltrans R/W and its DSA is estimated to be zero acre therefore, a Caltrans Water Pollution Control Plan (WPCP) or a Stormwater Pollution Prevention Plan (SWPPP) will not be required. Potential water quality impacts should be reduced to the Maximum Extent Practicable by the City of San Pablo as lead and responsible agencies through proper implementation of SWPPP consistent with the Construction General Permit (CGP).
Sediment Control, Tracking Control, Non-Storm Water Controls and Waste Management and Material P
ollution Controls s hould be considered, and appropriate construction site BMPs should be included into the Plans, Specifications and Estimate package by the lead and responsible agency.
Attachments
• Attachment A: Vicinity Map
• Attachment B: Typical Trash Capture Device plans
• Attachment C: Evaluation Documentation Form (EDF)
(04-CC-80 PM 4.0/4.6) Short Form - Stormwater Data Report (EA 04-0W080K) (May 2021)
PPDG July 2017 5 of 7
Attachment A
Vicinity Maps
04-CC-80-PM 4.0/4.6
(04-CC-80 PM 4.0/4.6) Short Form - Stormwater Data Report (EA 04-0W080K) (May 2021)
PPDG July 2017 6 of 7
Attachment B:
Typical Trash Capture Device Plans
Contech CDS/HDS (Pick up from Richmond)
DSBB (Pick up from Vallejo Waste Water)
(04-CC-80 PM 4.0/4.6) Short Form - Stormwater Data Report (EA 04-0W080K) (May 2021)
PPDG July 2017 7 of 7
Attachment C
Evaluation Documentation Form (EDF)
DATE: 7/21/2020 _
Project ID (EA): 0420000170 (EA 0W080)
No. Criteria Yes
No
Supplemental Information for Evaluation
1. Begin Project evaluation regarding
requirement for implementation of Treatment
BMPs
See Figure 4 -1, Project Evaluation Process for
Consideration of Treatment BMPs. Continue to 2.
2. Is the scope of the Project to install Treatment
BMPs (e.g., Alternative Compliance or TMDL
Compliance Units)?
If Yes, go to 8.
If No, continue to 3.
3. Is there a direct or indirect discharge to
surface waters? If Yes, continue to 4.
If No, go to 9.
4. As defined in the WQAR or ED, does the
project:
a. discharge to Areas of Special
Biological Significance (ASBS), or
b. discharge to a TMDL watershed
where Caltrans is named
stakeholder, or
c. have other pollution control
requirements for surface waters
within the project limits?
If Yes to any , contact the District/Regional Design
Stormwater Coordinator or District/Regional NPDES
Coordinator to discuss the Department’s obligations, go to 8 or 5.
(Dist./Reg. Coordinator initials)
If No to all, continue to 5.
5. Are any existing Treatment BMPs partially or
completely removed?
(ATA Condition 1, Section 4.4.1)
If Yes, go to 8 AND continue to 6.
If No, continue to 6.
6. Is this a Routine Maintenance Project? If Yes, go to 9.
If No, continue to 7.
7. Does the project result in an increase of one
acre or more of new impervious surface
(NIS)?
8 Project is required to implement Treatment
BMPs. If Yes, complete Checklist T-1, Part 1.
9. ______ (Dist./Reg. Design SW Coord. Initials)
______ (Project Engineer Initials)
______________ (Date)
Document for Project Files by completing this form and attaching it to the SWDR.
WM
05/19/2021
Attachment F
Project Initiation Proposal
ROUTE PM BACK PM FORWARDDIST
04 COUNTY SUFFIXPREFIX PREFIX SUFFIXASSETS
ROUTE PM BACK PM FORWARDDIST
04 COUNTY SUFFIXPREFIX PREFIX SUFFIXASSETS
ROUTE PM BACK PM FORWARDDIST
04 COUNTY SUFFIXPREFIX PREFIX SUFFIXASSETS
ROUTE PM BACK PM FORWARDDIST
04 COUNTY SUFFIXPREFIX PREFIX SUFFIXASSETS
ROUTE PM BACK PM FORWARDDIST
04 COUNTY SUFFIXPREFIX PREFIX SUFFIXASSETS
ROUTE PM BACK PM FORWARDDIST
04 COUNTY SUFFIXPREFIX PREFIX SUFFIXASSETS
M020 BEGIN ENVIRON
M200 PA&ED
M460 RTL
M500 APPROV
M600 CCA
PA&ED, PS&E & CONS PHASES
NOTE A: POSTMILES NOTE D : PRELIMINARY PROJECT SCHEDULE District Functional Units Hours PY's
Advanced Planning 1,098.7 0.625
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 DES Functional Units Hours PY's
Bridge Design Branch 8.79 0.005
0 0
0 NOTE B: RESOURCE ESTIMATE FOR K-PHASE
ADDITIONAL INFORMATION
M015 PROGRAM PROJECT
10/14/2020
TOTAL DISTRICT (PYs) 0.625
TOTAL DES (PYs) 0.005
NOTE C: ADDITIONAL SATELLITE ASSETS
Assets Program Performance Target Unit
Satellite
(4)
Satellite
(5)
Satellite
(6)
Satellite
(7)
Satellite
(8)
Satellite
(9)
Satellite
(10)
Satellite
(11)
Satellite
(12)
NOTE C: OPTION-REFER TO SHOPP PERFORMANCE MEASURE REPORT (TYP) D04 PROJECT ID REQUEST PAGE 1 OF __1___
DISTRICT
PROJECTCATEGORY (ROLLUPS)
EA
SHORT NAME/FUNDING PROFILE NAME
PROJECT ID/CAS
CAM
06/1/20 04 0W080 K 0420000170
MAIL TO DATE
STATUS UNIT
AREA
URBAN %
AREA
RURAL %
EA
TYPE
PPNO- HIGHWAY PROJECT
(WORK DESCRIPTION)
CTIPS ID FUNDING PROFILE
PROPOSED 0687 100 00
PROJECT DES
CRIPTION – HEADER (DOCUMENT NAME) FUNDING LINE(FUNDING IDE NTIFICATION/LETTER OF CREDIT/COOP #) STORMWATER-TRASH CAPTURE PROJECT SHOPP 201.335
PROJECT L
OCATION –HEADER (DOCUMENT DESCRIPTION) OR PROJECT (DESCRIPTION/CONTACT)
INSTALL BEST MANAGEMENT PRACTICES, FULL TRASH CAPTURE DEVICES IN CONTRA COSTA
COUNTY AT VARIOUS LOCATIONS
PURPOSE DESCRI
PTION – MAJOR PROJECT(NAME)
STORMWATER - TRASH CAPTURE PROJECT; Co-Operative Agreement - Fund Contribution Only (FCO) project with local in Contra Costa County within Significant Trash Generation Area (STGA) CONSTR. DATES
C.Y.
AWARD DATE
START CONST
(SERVICE FROM)
CONTR ACCEPT
WORK COMPL
PROG NO AUTH DATE
HIGHWAY PROJECT
(FED AID PROJ #)
EST CONST
1000'S
24/25 1740
LOCATION-PROJECT (HIGHWAY PROJECT) FEDERAL AID INFORMATION COUNTY
STATE
ROUTE
CORRIDOR
OTHER
STATION
CITY
CODE
MILE POST
START
MILE POST
END DIST %
INTERNAL BUYER
FUNDING LINE
(EXPENSE)
(REIMBURSEMENT)ALSO*
C
D
N
PROJECT
EXPENSE (INTERNAL BUYER FUNDING LINE)
FUNDING LINE
(FEDERAL
APPROP NO)
FUNDING LINE (PROJECT
AGREEMENT NUMBER)
5928 VAR V A .R V A R 100
FUND
OBJECT*
SUB OBJECT*
UNIT
FUND IDENTIFICATION-FUNDING LINE (FRONT-END SPLIT)
FY
PECT PECT TASK SUB TASK APPR UNIT FUND F.D S S.R.A.
FUND ID
(CONSTR
BUDGETING
AUTHORITY #)
AUTHORIZED AMOUNT
BGPHR PROGRAM EXPENSE
(DOLLAR AMMOUNT)
COST %
DISTRIB
CONTR
NO
CUSTOMER ID
VENDOR
GRANT
NO
20 40 50 201 335 043 0 000 0 20 001 042 T $109,397 .00 100 00 CALTRANS __________
______________________
Inder Preet Singh, Project Manager
(510) 622-8812
RECOMMENDED APPROVED
_____________________
___________________________ _____________________________________________
DISTRICT PROJECT CONTROLL OFFICER DATE ACCOUNTING OFFICER DATE _____________________
___________________________ _____________________________________________
DATE DISTR ICT APPROVED DATE
D04/JK 08/10
THIS EA REQUEST IS FOR K PHASE EA AND AUTHORIZATION TO PREPARE THE PIR (FCO) Concurred by:
_____________________
___ _____________________________
Kang Tang, Branch Chief, PID Coordination Warwick W.T. Cheung, Branch Chief Office of Advance Planning Office of Advance Planning – PID I (510) 286-5472 (510) 622-0155
Attachment G
Complete Streets Decision Document
04-CC-80-4.0/4.6
0W080K - 0420000170
Complete Streets Decision Document (CSDD)
1) Is
the project located entirely on a facility where bicyclists and pedestrians are legally prohibited and the project does not involve a shared use path, pedestrian/bicycle structure or work impacting a local road crossing or interchange? (For example, a project including freeway mainline and ramp work, not including the ramp connection with the minor road, where the project freeway segment legally prohibits bicyclists and pedestrians.)
__X___ NO
- Proceed to Question 2
_____ YES - Stop here. The project is exempt from further complete streets evaluation. Sign and attach to the Project Initiation Document (PID).
2) Is
the primary project purpose to address assets that are outside of the roadbed where pedestrian and bicycle travel is not affected, and proposed project will not affect future pedestrian and bicycle facilities? Examples may include culvert outfalls, storm water treatment facilities, bridge substructure or scour mitigation, planting or vegetation removal, retaining walls, etc. _____ NO -
Continue to Question 3
__X___ YES - Stop here. The project is exempt from further complete streets evaluation. Sign and attach to PID.
3) Has
a Transportation Planning Scoping Information Sheet (TPSIS) been completed for this project? _____ NO –
Proceed to Question 4
_____ YES – Skip to Question 5 (Note: TPSIS is attached to the PID) 4) Whi
ch of the following planning documents were consulted to determine bicycle, pedestrian or transit needs? Select all that apply and proceed to Question 5. _____a. District Active Transportation Plan
_____b. Other Caltrans or local/regional agency bike/ped/transit/safe routes to school plans _____c. ADA Transition Plan/Grievances (consult with the District ADA Coordinator) _____d. C orridor planning documents
_____e. Other (list here)
5) Bas
ed on the reviews completed in Question 4 or identified in the TPSIS, after a review of the roadway geometrics, or identified by the PDT, are there any bicycle, pedestrian, or transit needs, deficiencies or opportunities for improvement identified for the project location? _____ NO – Provide brief description of findings:
Stop here. The project meets the requirements for consideration of Complete Streets elements.
Sign and attach to the PID.
_____ YES – Describe them here and proceed to Question 6: _ 6) Bas
ed on the needs identified in Question 5, what would be the preferred complete streets elements to address those needs (e.g. road diet, separated bikeway, reconstructed sidewalk, etc.)? Resources include the Complete Streets Elements Toolbox, the Contextual Guidance for Bikeway Facility Selection, the Bikeway Facility Selection Guidance Memorandum, etc. List them in the table below and provide a rough estimated cost to construct preferred project complete streets elements (including right- of-way and support costs) and proceed to Question 7.
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FACILITY TYPE UNIT QUANTITY ESTIMATED TOTAL
COST
7) Was
there any known public and stakeholder opposition to any preferred complete streets elements identified for the project? Provide response and proceed to Question 8. _____ NO
_____ YES – Describe the opposition position here:
8) Does
the programmable project alternative/project scope include all the complete streets elements identified in Question 6?
_____ NO -
Proceed to Question 9
_____ YES - Stop here. The project has met the requirements for consideration of complete streets elements. Sign and attach to PID.
9) Does
the project include any of the complete streets elements that are identified in Question 6? Or are there any proposed incremental improvements related to the complete streets elements in Question 6? Provide response and proceed to Question 10.
_____ NO –
The programmable project alternative does not include any complete streets elements, and therefore does not address identified needs for complete streets elements. _____ YES – List them here:
FACILITY TYPE UNIT QUANTITY ESTIMATED
TOTAL COST
10) Does
the project funding have constraints that would preclude the ability to incorporate additional complete streets elements into the project (For example, cannot combine funding with other sources.)? Provide response and proceed to Question 11.
_____ NO
_____ YES – Describe the constraints here:
11) Provide a rationale and justification for not including all the recommended complete streets elements into the project: (Consider the engineering justification, right-of-way constraints, environmental impacts, etc.).
04-CC-80-4.0/4.6
0W080K - 0420000170
Prepared by:
Sherry Huang, Advance Planning
Name, PID Preparer in responsible charge
Branch/Company
Concurred by:
Date Sergio Ruiz
District Complete Streets Coordinator
Name Date
Deputy District Director, Planning
Name Date
Deputy District Director, Design or
Division Chief, Design/Project Development
Revalidation of CSDD at PA&ED
Does the pro
ject scope defined in the project approval document include the complete streets elements identified in Question 6 or 9 of this CSDD and the PID? _____ NO – Pr
epare a Superseding CSDD (answer Questions 1 through 11) replacing the original CSDD, obtain all certified and concurrence signatures below, and attach the superseding CSDD to the project approval document.
_____ YES – Certify there are no changes to the scope of complete streets elements with only the project engineer certification signature below on the original approved CSDD and attach the CSDD to the project approval document.
Certifi
ed by:
Name, Project Engineer Date
Branch/Company
4/29/21
5/17/21
06/14/2021
6/14/2021
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0W080K - 0420000170
Concurred by: (Only include concurrence signatures if a Superseding CSDD is prepared.)
Name Date
District Complete Streets Coordinator
Name Date
Deputy District Director, Planning
Name Date
Deputy District Director, Design or
Division Chief, Design/Project Development
Revalidation of CSDD at PS&E
Does the project scope designed in the plans, specifications and estimate include the complete streets elements identified in Question 6 or 9 of the CSDD (or Superseding CSDD, if applicable) certified at the PA&ED revalidation and the project approval document?
_____ NO – Prepare a Superseding CSDD (answer Questions 1 through 11) replacing the CSDD that was approved at PA&ED revalidation, obtain all certified and concurrence signatures below, and attach to the Supplemental PR. If a Supplemental PR is not required, place in the project history file. _____ YES – Certify there are no changes to scope of complete streets elements in the project, and that temporary bike and pedestrian facilities during construction have been considered. Include only the project engineer certification signature below on the CSDD that was approved at PA&ED revalidation and place the CSDD in the project history file.
Certified by:
Name, Project Engineer Date
Branch/Company
Concurred by: (Only include concurrence signatures if a Superseding CSDD is prepared.)
Name Date
District Complete Streets Coordinator
04-CC-80-4.0/4.6
0W080K - 0420000170
Name Date
Deputy District Director, Planning
Name Date
Deputy District Director, Design or
Division Chief, Design/Project Development
Updated: 8/22 Page 1
CITY OF SAN PABLO
AGREEMENT FOR CONSULTING SERVICES
Project No.0304 Full Trach Capture Device Project at Church & Willow/ Agreement No. _01
THIS AGREEMENT (“Agreement”), dated and effective this ____ day of ______, 20__ (“Effective Date”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, ( “City”), and ___________, a __________________, (“Consultant”) (individually, a “Party,” and collectively, the “Parties”).
RECITALS
WHEREAS, the City desires to engage a consultant to provide Professional Engineering Services to the City (“Services”) as further set forth in this Agreement;
WHEREAS, the City desires to engage a consultant who will act at all times in the City’s best interest and will respect the trust and confidence placed in that consultant by the City; and
WHEREAS, Consultant has represented to City that Consultant has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.
NOW, THEREFORE, Consultant and the City agree as follows:
TERMS AND CONDITIONS
(1) Scope of Services.
A. Scope of Services. Consultant agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the City’s Request for Proposals, dated February 14, 2023 and any addenda thereto (“ RFP”), attached as Exhibit A and incorporated herein, and the scope of services set forth in Consultant’s proposal dated ___________ (“Proposal”), attached as Exhibit B and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the RFP, the Proposal, and this Agreement, the terms most favorable to the City will prevail. Any services not encompassed in this Section (1) are additional services (“Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.”
B. Quality of Performance. Consultant will provide the Services and any authorized Additional Services in accordance with the standards of its profession; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“City Manager ”). Consultant represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services. Consultant is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If , during the course of this Agreement, the City Manager notifies Consultant that the Services are not satisfactory, in whole or in part, Consultant will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitutes a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s Updated: 8/22 Page 2
acceptance of Services performed under this Agreement will not operate to waive or release Consultant’s obligation under this paragraph.
C. COVID-19 Pandemic. All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to provide proof of COV ID-19 vaccination, as well as comply with the City’s COVID policies on- site.
D. Time is of the Essence. In the performance of this Agreement, time is of the essence. Consultant must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term.”
E. Primary Service Provider. The City has approved of ____________________ as Consultant’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.
F. Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.
Consultant must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.
1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Consultant and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.
2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Consultant will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Consultant or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days and hours unless otherwise specified in the scope of services or authorized in writing by City.
3. Payroll Records: Consultant and its subconsultants must maintain certified payroll records i n compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Consultant and its subconsultants must certify Updated: 8/22 Page 3
under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Consultant must electronically submit certified payroll records t o the Labor Commissioner as required under California law and regulations.
4. Apprentices: If the amount of the Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.
5. DIR Monitoring, E nforcement, and Registration: The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Consultant and any subconsultants must be registered with the D IR to perform public works projects.
The registration requirements of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.
(2) Compensation. As full compensation for the satisfactory and timely performance of the Services as specified in Section (1), “Scope of Services,” and the attached exhibits, City hereby agrees to pay Consultant a sum not to exceed
____________________________________Dollars < write out amount > ($_________) as follows:
<Indicate any special payment arrangement, if applicable, e.g., hourly rates.>
Consultant will be paid all undisputed amounts within thirty (30) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar month. Invoices must include all of the information contained in Section (7), “Billings,” below. Each invoice must be signed by an authorized representative of Consultant, verifying that the invoiced Services have been performed. Consultant will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal.
(3) Additional Services. In addition to the S ervices included in Section (1), “Scope of Services,” the Parties may from time to time agree that Consultant will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Consultant may begin providing the Additional Services. Consultant will not be entitled to compensation for any Additional Services performed without a written amendment to include the Additional Services in this Agreement. If Consultant believes that services that it is directed to perform by City are not included in Section (1), “Scope of Services,” Consultant will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Agreement, including, billing, record -keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.
Updated: 8/22 Page 4
(4) Effective Date and Term. The term of this Agreement (“Term”) begins on the Effective Date set forth above, and expires on _____________. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.
(5) Assignment and Subcontracting. A substantial inducement to City for entering into this Agreement was, and is, the reputation and competence of Consultant. The assignment or subcontracting of this Agreement by Consultant, or any interest therein, is prohibited without the prior written approval of the City Manager. The City has authorized Consultant to use the following Subconsultants/Subcontractors as specified:
Subconsultant/Subcontractor Name Subconsultant/Subcontractor Services
____________________________ _______________________________ ____________________________ _______________________________
(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Consultant, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Consultant is solely responsible for the means and methods by which it provides the Services. Consultant is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Consultant is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Consultant will not represent, at any time or in any manner, that Consultant is an employee of the City. Consultant will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs. Consultant acknowledges that the City will provide no training. Consultant will provide whatever tools and materials that are nec essary to complete a client engagement.
Consultant is free to accept, and has accepted in the past, other client engagements. Consultant is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Consultant is hired on a temporary basis only, and that if the City and/or Consultant desires to continue Consultant’s servic es after expiration of the Term or termination of this Agreement, Consultant must enter into a new agreement.
(7) Billings. Consultant's invoices must include the following information: (a) a brief description of S ervices performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom ; (d) the current Agreement not-to- exceed amount; (e) the amount previously billed ; (f) the total paid to date; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not-to-exceed amount; and (k) the Consultant’s signature.
Except as specifically authorized by City, Consultant will not bill City for duplicate Services performed by more than one person. Consultant may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3) , above.
Consultant is solely responsible for its office and overhead costs , including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Consultant in the performance of this Agreement.
(8) Advice and Status Reporting. Consultant will provide the City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide Updated: 8/22 Page 5
the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the S ervices provided in achieving the City’s express goals and objectives. The City may withhold payments otherwise due to Consultant pending timely delivery of all such reports and information.
Consultant will promptly notify the City Manager of any matters that could adversely affect Consultant’s ability or eligibility to continue to provide Services under this Agreement.
(9) Retention of Records. Consultant’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Consultant will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Consultant will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement. At City’s request, or upon expiration or termination of this Agreement, Consultant will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents prepared or obtained under the terms of this A greement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use. This Section (9) will survive expiration of the Term or termination of the Agreement.
(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Consultant under this Agreement exceeds $5,000, any document or written report prepared by Consultant for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or reports.
(11) Record and Fiscal Control System. Consultant will maintain its financial records and fiscal control systems in a commercially reasonable manner. Consultant will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes (including Social Security), unemployment compensation, worker's compensation and other taxes as may be due. Consultant will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.
(12) Access to Records; Audits . The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Consultant relating to the Services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript.
(13) Consultant’s Testimony. Unless the Services include serving as an expert witness, Consultant agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Consultant ’s Services.
This Section (12) will survive expiration of the Term or termination of the Agreement.
Updated: 8/22 Page 6
(14) Assignment of Personnel . Consultant will only assign competent and qualified personnel to perform the Services. If City asks Consultant to remove a person assigned to the Services, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.
(15) Insurance. Before it may begin performing Services under this Agreement, Consultant must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Consultant and its subconsultants or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will not be construed to limit Consultant’s liability under this Agreement or to fulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.
A. Policies and Limits. Consultant must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:
1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of at least $2,000,000.00 per occurrence. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.
2. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000.00 combined single-limit per accident for bodily injury, death or property damage.
3. Workers’ Compensation Insurance and Employer’s Liability: If the Consultant has employees, t he policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.
4. Professional Liability: The professional liability insurance policy must insure against the Consultant’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit.
Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage suffic ient to cover all Services provided by the Consultant for this Agreement, and the coverage must continue in Updated: 8/22 Page 7
effect for five years following final payment to Consultant. The following provisions apply if the professional liability policy is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.
b. The insurance must be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.
c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the Effective Da te of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Consultant’s cost, any extended reporting provisions of the policy if the Consultant cancels or fails to renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City before Consultant may begin performing Services under this Agreement.
B. Required Endorsements. The insurance provided by Consultant must include the following endorsements as specified below. The endorsements must be executed by a person authorized to bind the issuing insurer. The endorsements are to be provided on forms provided, specified, or approved by the City. As an alternative to the City’s forms, the Consultant’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.
1. Additional Insured Endorsements : The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its office rs, officials, employees, and volunteers (“ Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an additional insured endorsement to the Consultant’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals form CG 20 07 may be used.
Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15.
b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Consultant is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Consultant to comply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
Updated: 8/22 Page 8
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.
2. Notice: Each insurance policy required by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least 30 days written notice to the City, unless due to non- payment of premiums, in which case 10 days written notice is required.
3. Waiver of Subrogation: Each required policy must include an endorsement providing that the insurer will waive any right of subrogation it may have against the City. Consultant hereby agrees to waive subrogation which any insurer of Consultant may acquire from Consultant by virtue of the payment of any loss.
C. Deductibles and Self -Insured Retentions . Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager .
Before beginning performance of the Services, Consultant must disclose the amounts of the deductibles and self-insured retentions that apply to the required policies . If the City Manager determines that the deductible or self -insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Consultant must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Consultant may not increase any deductibles or self -insured retentions wi th respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Consultant procur ing a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
D. Subconsultants or S ubcontractors. Consultant must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Consultant under this Section (15), with respect to its performance of Services, including the required endorsements. Consultant must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Consultant must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance r equirements for subconsultants or subcontractors do not replace or limit the Consultant insurance obligations.
(16) Indemnification. The terms and conditions set forth in subsection 16(A) , below, are applicable to this Agreement if the Services to be provided by Consultant are not “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services). The terms and conditions set forth in subsection 16(B), below, are applicable to this Agreement if the Services to be provided by Consultant are “design professional” services as used and defined in Civil Code section 2782.8 (architect, landscape architect, engineering, or land surveyor services).
A. Indemnification by Non-Design Professionals. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents ("Indemnified Parties") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by Consultant, its officers, employees, Updated: 8/22 Page 9
agents, volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.
1. The duty to defend is a separate and distinct obligation from the Consultant’s duty to indemnify. The Consultant shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Consultant of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Consultant from its separate and distinct obligation to defend City . The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Consultant asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an Indemnified P arty, Consultant may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.
2. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.
4. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
5. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
B. Indemnification by Design Professionals. Consistent with California Civil Code section 2782.8 (“section 2782.8”), when the S ervices to be provided under this Agreement are to be performed by a “design professional, ” as that term is defined under section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, defend and hold harmless City, and its employees, officials, volunteers and agents (“Indemnified Parties”) from and against any and all losses, claims, damages, costs and liability of every nature , including reasonable attorneys’ fees and costs, to the extent caused in whole or in part by any negligence, Updated: 8/22 Page 10
recklessness, or willful misconduct of Consultant, its officers, employees, agents, subconsultants or subcontractors in performance of the Services under this Agreement, but excluding the sole or active negligence or willful misconduct of one or more of the Indemnified Parties. Defense costs shall not exceed Consultant’s proportionate percentage of fault, except as set forth in section 2782.8.
1. In the event that Consultant or any employee, agent, subconsultant or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( “PERS”) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
2. The review, acceptance or approval of the Consultant’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Consultant’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.
3. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
4. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Consultant, its employees, agents, or subcontractors by federal or state law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the Term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
Consultant, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.
(18) Employment Practices.
A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Consultant and any subcontractors shall contact the San Pablo Economic Development Corporation (“EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
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B. Compliance With Law . Consultant represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment. Consultant shall not discriminate in the em ployment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Consultant shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement . In performing Services and providing services under this Agreement, Consultant shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.
(19) Local Subcontracting – Outreach. Consultant shall contact the EDC at [email protected] or 510- 215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
(20) Termination.
A. Termination for Convenience. City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Consultant of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Consultant, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 21), “Notices.” The Agreement shall be terminated upon the date set forth in the City’s Notice of Termination. If the City terminates this Agreement, the Consultant shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Consultant or its employees, or services of others ordered by the Consultant or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others.
Compensation for the Consultant in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Consultant. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City . The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.
B. Termination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the terms and conditions of this A greement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services , as well as any and all Updated: 8/22 Page 12
damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.
C. Immediate Termination. City may terminate this Agreement immediately in any case where the Consultant engages in fraudule nt or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomplish the desired objectives.
(21) Ownership of Materials. Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additi onal charge and without restriction or limitation on their use consistent with the intent of the original design.
(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City's City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the P arties to amend the terms and conditions of this Agreement.
(23) Abandonment by Consultant. In the event the Consultant ceases performing Services under this A greement or otherwise abandons the Agreement prior to completing all of the Services, Consultant shall, without delay, delive r to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment.
Consultant agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Consultant, but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Consultant under the Agreement had Consultant completed the Services.
(24) Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.
(25) No Third- Party Rights. The Parties do not i ntend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.
(26) Severability. Should any part of this A greement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.
(27) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Consultant warrants that all Services done under this A greement will be in Updated: 8/22 Page 13
compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.
(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California , and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place. Consultant hereby waives the removal provisions of Code of Civil Procedure section 394.
(29) Breach. In the event that Consultant fails to perform any of the S ervices described in this Agreement or otherwise breaches the A greement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Consultant shall be construed as a waiver of either P arty's rights or remedies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either Party for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’ s fees.
(30) Inspection by Other Agencies. Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Consultant’s performance of the Services, files, and work product.
(31) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Gov. Code section 81000 et seq.) respecting this A greement. Where City Manager determines, based on facts provided by C ity staff, that Consultant meets the criteria of section 18701 of the FPPC regu lations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner.
(32) Copyright. Upon City's request, Consultant shall execute appropriate documents to assign to the City the copyright to work created pursuant to this A greement. The issuance of a patent or copyright to Consultant or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.
(33) Whole Agreement . This Agreement constitutes the entire understanding and agreement of the parties. This A greement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.
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(34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.
(35) Counterparts. This Agreement may be executed in duplicate counterparts.
(36) Multiple Copies of Agreement . Multiple copies of this A greement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.
(37) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:
To Consultant: ___________
Name, Title
Address
To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately.
Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.
(38) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.
[Indicate whether the Agreement is subject to federal funding by marking the appropriate provision below.]
___ This Agreement is subject to federal funding. See Exhibit C. ___ This Agreement is not subject to federal funding.
(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit D, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.
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[Indicate whether the Agreement is subject to reimbursement or funding by Caltrans by marking the appropriate provision below. Be sure to check the current LAPM requirements.]
__ This Agreement is subject to funding by Caltrans. See Exhibit D. __ This Agreement is not subject to funding by Caltrans.
IN WITNESS WHEREOF, Consultant has executed this A greement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By ___________________________________ Teresa L. Stricker, City Attorney Matt Rodriguez, City Manager
Dated: _______________________________
[NAME OF CONSULTANT]
By ___________________________________
Consultant, [Title]
Dated ________________________________
ATTEST:
By _______________________________ Dated ________________________________ Dorothy Gantt, City Clerk
Attachments: Exhibit A: Request for Proposals, dated __________ Exhibit B: Consultant’s Proposal, dated __________
Exhibit C (if applicable): Federal Contract Provisions
Exhibit D (if applicable): Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding
N:\RESOURCES\City Forms\Contracts\01 Template Consultant Agreements\AGR Master Consultant Agreement Template
Updated: 8/22 Page 16
Exhibit A
<Insert City’s Request for Proposals>
Updated: 8/22 Page 17
Exhibit B
<Insert Consultant’s Proposal>
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Exhibit C
Federal Contract Provisions
Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Agreement. Copies of any funding agreement between City and a funding agency will be made available upon request. In the event of any conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.
1. Equal Opportunity. If this Agreement is for public works, during the performance of this Agreement, the Consultant agrees as follows:
(A) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(C) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.
(D) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representatives of the Consultant’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.
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(E) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.
(F) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(G) In the event of the Consultant’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law.
(H) The Consultant will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or funding agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.
2. Davis-Bacon Act. If this Agreement is for public works, Consultant will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination attached hereto and incorporated herein. By entering into this Agreement, Consultant accepts the attached Wage Determination. <The current Davis-Bacon Act Wage Determination, which may be accessed at https://www.wdol.gov/dba.aspx must be printed and included with the Agreement.>
3. Copeland “Anti-Kickback” Act. If this Agreement is for public works, Consultant will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement.
Consultant and subcontractors must insert this requirement into subcontracts of any tier.
Consultant is responsible for compliance with these requirements by each subcontractor of any tier.
4. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements, Consultant and each subcontractor must comply with the requirements Updated: 8/22 Page 20
of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701- 3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including:
(A) No Consultant or subcontractor will require or permit any laborer or mechanic performing Work for the Project to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of 40 hours during that work week.
(B) If Consultant or a subcontractor violates this requirement, the Consultant and any responsible subcontractor will be liable for the unpaid wages. In addition, the Consultant and subcontractor will be liable to the United States for liquidated damages. The liquidated damages will be computed with respect to each individual worker as specified under federal law.
(C) Consultant and subcontractors must insert this requirement into subcontracts of any tier. Consultant is responsible for compliance with these requirements by each subcontractor of any tier.
5. Rights to Inventions. If the federal funding for this Agreement meets the definition of “funding agreement” under 37 CFR section 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Agreement and are fully incorporated into the Agreement by this reference.
6. Clean Air Act. If the Agreement is for an amount in excess of $150,000, Consultant and each subcontractor must comply with the requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. Consultant and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.
7. Federal Water Pollution Control Act. If the Agreement is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) apply to this Agreement and are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency requirements for reporting violations. Consultant and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.
8. Suspension and Debarment. Consultant is required to verify that neither it, nor its principals, as defined at 2 CFR section 180.995, or its affiliates, as defined at 2 CFR section 180.905, are excluded or disqualified, as defined at 2 CFR sections 180.935 and 180.940.
Consultant must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier. If it is later determined that the Consultant did not comply with the applicable subparts, the Federal Government may pursue available remedies, including, but not limited to, suspension Updated: 8/22 Page 21
and/or debarment. By submitting a bid and entering into this Agreement, Consultant agrees to comply with these requirements.
9. Byrd Anti-Lobbying Amendment. If the Agreement is for an amount in excess of $100,000, Consultant must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the applicable federal agency. Each tier certifies to the tier above that it will not and has not used federal-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award.
Such disclosures will be forwarded from tier to tier up to the recipient.
10. Procurement of Recovered Materials. The requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Agreement and are fully incorporated into the Agreement by this reference. For individual purchases of $10,000 or more, Consultant will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Agreement schedule, (B) in conformance with Agreement performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website: https://www.epa.gov/smm/comprehensive-procurement- guideline-cpg-program.
11. Small and Minority Businesses. When procuring subcontractors, Consultant must take all necessary affirmative steps pursuant to 2 CFR § 200.321(b), subject to the limitations of law, to ensure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:
(A) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.
(B) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.
(C) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises.
(D) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority
businesses, and women’s business
enterprises.
(E) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
12. Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain Updated: 8/22 Page 22
equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as further specified in 2 CFR § 200.216, which is fully incorporated into the Agreement by this reference. Covered telecommunications equipment or services includes equipment produced by, services provided by, or services using equipment produced by: Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
13. Domestic Preferences for Procurements. As appropriate and to the extent consistent with laws, the City should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Agreement by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products, as specified therein. The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award.
Updated: 8/22 Page 23
Exhibit D
Mandatory Fiscal and Federal Provisions
for Architectural and Engineering Consultant Contracts
Subject to Caltrans Funding
<DELETE BEFORE FINALIZING: The following provisions are referenced in Chapter 10, Consultant Selection, of the Local Assistance Procedures Manual and set forth in Exhibit 10-R, A&E Boilerplate Agreement Language, as the boilerplate provisions for architectural and engineering consultant contracts. Of the various boilerplate provisions in Exhibit 10-R, the fiscal and federal provisions are required for any federally-funded contract. Staff should cross-reference the most current Exhibit 10-R (at https://dot.ca.gov/programs/local-assistance/forms/local-assistance- procedures-manual-forms) to ensure that these provisions are up-to-date.
Exhibit 10-R indicates that the language is recommended and acknowledges that the language may be modified as recommended by the City’s legal staff and to fit the City’s requirements and project. Within many of the provisions, are “Options” that Staff must tailor to meet the needs of the particular Agreement. Staff should follow the prompts regarding the options and delete any provisions that are not necessary given the selected option. These instructions and the italicized prompts throughout the attachment should also be deleted prior to use. >
Caltrans Funded Agreement. This Agreement is for architectural and/or engineering services funded in whole or in part by Caltrans and subject to the following provisions. In the event of any conflict or inconsistency between Exhibit D and this Agreement, Exhibit D will control.
1. Consultant’s Reports or Meetings (Exhibit 10-R, Article II).
<Choose either Option 1 or Option 2>
<Option 1 - Use paragraphs A & B below for standard agreements>
A. Consultant shall submit progress reports at least once a month. The report should be sufficiently detailed for the City’s contract administrator to determine if Consultant is performing to expectations or is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. Consultant’s project manager shall meet with City’s contract administrator, as needed, to discuss progress on the Agreement.
<Option 2 - Use paragraphs A & B below for on-call agreements>
A. Consultant shall submit progress reports on each specific project in accordance with the task order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for City’s contract administrator or project coordinator to determine if Consultant is performing to expectations or is on schedule, to provide communication of interim findings, and to sufficiently address any difficulties or special Updated: 8/22 Page 24
problems encountered, so remedies can be developed.
B. Consultant’s project manager shall meet with City’s contract administrator or project coordinator, as needed, to discuss progress on the project(s).
2. Performance Period (Exhibit 10-R, Article IV).
<A time must be set for beginning and ending the work under the agreement.
The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the agreement. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by Consultant, they should be identified and incorporated into the agreement.>
A. This Agreement shall go into effect on <______>, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City’s contract administrator. The Agreement shall end on <_____>, unless extended by amendment to the Agreement.
B. Consultant is advised that any recommendation for award of the Agreement is not binding on City until the Agreement is fully executed and approved by City.
< Add paragraph C below in addition to paragraphs A & B above for on-call agreements.
On-call agreements must not exceed five years.>
C. The period of performance for each specific project shall be in accordance with the task order for that project. If work on a task order is in progress on the expiration date of this Agreement, the Term of the Agreement shall be extended by amendment to the Agreement prior to expiration of the Agreement to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five years.
3. Allowable Costs and Payments (Exhibit 10-R, Article V).
<Choose either Option 1, 2, 3, or 4>
<Option 1 - Use paragraphs A through I below for Cost-Plus-Fixed Fee agreements.
Use LAPM Exhibit 10-H1: Cost Proposal Format.>
A. The method of payment for this Agreement will be based on actual cost plus a fixed fee. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in Consultant’s approved cost proposal, unless additional reimbursement is provided for by amendment to the Agreement. In no event will Consultant be reimbursed for overhead costs at a rate that exceeds the City approved overhead rate set forth in the cost proposal. In the event that City determines that a change to the work from that specified in the cost proposal and Agreement is required, the Agreement time or actual costs reimbursable by City shall be adjusted by amendment to the Agreement to accommodate the changed work. The Updated: 8/22 Page 25
maximum total cost as specified in Paragraph “I” shall not be exceeded, unless authorized by amendment to the Agreement.
B. The indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. Consultant’s agreement to the extension of the 1- year applicable period shall not be a condition or qualification to be considered for the work or award of the Agreement.
C. In addition to the allowable incurred costs, City will pay Consultant a fixed fee of $<_______>. The fixed fee is nonadjustable for the Term of the Agreement, except in the event of a significant change in the scope of services and such adjustment is made by amendment to the Agreement.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved cost proposal.
E. When milestone cost estimates are included in the approved cost proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the contract administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the scope of services, City shall have the right to delay payment or terminate this Agreement.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.
H. Consultant will be reimbursed promptly according to California Regulations upon receipt by City’s contract administrator of itemized invoices in duplicate. Invoices shall be submitted no later than 30 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved cost proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 9 (Article XI), Equipment Purchase and Other Capital Expenditures, of this Exhibit D. The final invoice should be submitted within 60 calendar days after completion of Consultant’s work. Invoices shall be mailed to City at the following address:
City Manager
1000 Gateway Avenue
San Pablo, CA 94806
I. The total amount payable by City including the fixed fee shall not exceed $<_______>.
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
Updated: 8/22 Page 26
<Option 2 - For Cost per Unit of Work agreements, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs.
Adjust as necessary for work specific to your project. Use Exhibit 10-H3: Cost Proposal Format.>
A. The method of payment for the following items shall be at the rate specified for each item, as described in this Section. The specified rate shall include full compensation to Consultant for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefor.
B. The specified rate to be paid for vehicle expense for Consultant’s field personnel shall be $<________> per approved cost proposal. This rate shall be for fully equipped vehicle(s) specified in the scope of services, as applicable. The specified rate to be paid for equipment shall be as listed in the approved cost proposal.
C. The method of payment for this Agreement, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment- rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved cost proposal, unless additional reimbursement is provided for, by amendment to this Agreement. In no event will Consultant be reimbursed for overhead costs at a rate that exceeds the City approved overhead rate set forth in the approved cost proposal. In the event City determines that changed work from that specified in the approved cost proposal and Agreement is required, the actual costs reimbursable by City may be adjusted by amendment to this Agreement to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” shall not be exceeded unless authorized by amendment to this Agreement.
<Option 3 - Use paragraphs A through P for Specific Rates of Compensation agreements [such as on-call agreements]. This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to agreements or components of agreements for specialized support type services where the Consultant is not in direct control of the number of hours worked, such as construction engineering and inspection.
Use Exhibit 10-H2: Cost Proposal Format.>
A. Consultant will be reimbursed for hours worked at the hourly rates specified in Consultant’s approved cost proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this Agreement. Consultant will be reimbursed within 30 days upon receipt by City’s contract administrator of itemized invoices in duplicate.
Updated: 8/22 Page 27
B. In addition, Consultant will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved cost proposal and identified in the approved cost proposal and in the executed task order.
C. Specific projects will be assigned to Consultant through issuance of task orders.
D. After a project to be performed under this Agreement is identified by City, City will prepare a draft task order, less the cost estimate. A draft task order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a City project coordinator. The draft task order will be delivered to Consultant for review. Consultant shall return the draft task order within ten (10) calendar days along with a cost estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost, the finalized task order shall be signed by both City and Consultant.
E. Task orders may be negotiated for a lump sum (firm fixed price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in Consultant’s approved cost proposal.
Consultant shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. Consultant is responsible for paying the appropriate rate, including escalations that take place during the Term of the Agreement.
<For paragraph F of Option 3, choose one of the two variations listed below and delete the unused variation.>
F. Reimbursement for transportation and subsistence costs shall not exceed State rates.
F. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved cost proposal. Consultant will be responsible for transportation and subsistence costs in excess of State rates.
G. When milestone cost estimates are included in the approved cost proposal, Consultant shall obtain written approval from the City’s contract administrator, in the form of an amendment to the Agreement, for a revised milestone cost estimate, before exceeding such estimate.
H. Progress payments for each task order will be made monthly in arrears based on services provided and actual costs incurred.
I. Consultant shall not commence performance of work or services until this Agreement has been approved by City, and notification to proceed has been issued by City’s contract administrator. No payment will be made prior to approval or for any work performed prior to approval of this Agreement.
Updated: 8/22 Page 28
J. A task order is of no force or effect until returned to City and signed by an authorized representative of City. No expenditures are authorized on a project and work shall not commence until a task order for that project has been executed by City.
K. Consultant will be reimbursed within 30 days upon receipt by City’s contract administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each task order. Invoices shall be submitted no later than 30 calendar days after the performance of work for which Consultant is billing, or upon completion of the task order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved cost proposal and shall reference this Agreement number, project title and task order number. Credits due City that include any equipment purchased under the provisions of Section 9 (Article XI), Equipment Purchase and Other Capital Expenditures, of this Exhibit D, must be reimbursed by Consultant prior to the expiration or termination of this Agreement. Invoices shall be mailed to City at the following address:
City Manager
1000 Gateway Avenue
San Pablo, CA 94806
L. The period of performance for task orders shall be in accordance with dates specified in the task order. No task order will be written which extends beyond the expiration date of this Agreement.
M. The total amount payable by City for an individual task order shall not exceed the amount agreed to in the task order, unless authorized by amendment.
N. If Consultant fails to satisfactorily complete a deliverable according to the schedule set forth in a task order, no payment will be made until the deliverable has been satisfactorily completed.
O. Task orders may not be used to amend this Agreement and may not exceed the scope of services under this Agreement.
P. The total amount payable by City for all task orders resulting from this Agreement shall not exceed $<______>. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement through task orders.
<Option 4 - Use paragraphs A through E below for lump sum agreements. Use Exhibit 10-H1: Cost Proposal Format.>
A. The method of payment for this Agreement will be based on lump sum. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment described in the scope of services. No additional compensation will be paid to Consultant, unless there is a change in the scope of the services or the scope of the project. In the instance of a change in the scope of services or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum Updated: 8/22 Page 29
compensation will not be effective until authorized by amendment to this Agreement and approved by City.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule set forth in the scope of services, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 4 (Article VI), Termination, of this Exhibit D.
C. Consultant shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been issued by City’s contract administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement.
D. Consultant will be reimbursed within 30 days upon receipt by City’s contract administrator of itemized invoices in duplicate. Invoices shall be submitted no later than 30 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable.
Invoices shall follow the format stipulated for the approved cost proposal and shall reference this Agreement number and project title. Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Section 9 (Article XI), Equipment Purchase and Other Capital Expenditures, of this Exhibit D. The final invoice must be submitted within 60 calendar days after completion of Consultant’s work unless a later date is approved by City. Invoices shall be mailed to City at the following address:
City Manager
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
E. The total amount payable by City shall not exceed $<________>.
4. Termination (Exhibit 10-R, Article VI).
A. This Agreement may be terminated by City, provided that City gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, City shall be entitled to all work, including, but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
B. City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until Updated: 8/22 Page 30
such time as the exact amount of damages, if any, due City from Consultant is determined.
D. In the event of termination, Consultant shall be compensated as provided for in the Agreement. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not,
5. Cost Principles and Administrative Requirements (Exhibit 10-R, Article VII).
A. Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual items of cost.
B. Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City.
D. When a Consultant or subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
6. Retention of Records/Audits (Exhibit 10-R, Article VIII).
For the purpose of determining compliance with Government Code 8546.7, Consultant, subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement, including, but not limited to, the costs of administering the Agreement. All parties, including Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Term of the Agreement and for four years from the date of final payment under the Agreement. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Consultant, subconsultants, and Consultant’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
7. Audit Review Procedures (Exhibit 10-R, Article IX).
A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City’s Chief Financial Officer.
B. Not later than 30 calendar days after issuance of the final audit report, Consultant may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
Updated: 8/22 Page 31
C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.
D. Consultant and subconsultant contracts, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review, it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City’s contract administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments officials have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
E. Consultant’s cost proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation.
The cost proposal shall be adjusted by the Consultant and approved by City’s contract administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each Party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines} is received and approved by IOAI.
Accepted rates will be as follows:
a. If the proposed rate is less than 150% - the accepted rate reimbursed will be 90% of the proposed rate.
Updated: 8/22 Page 32
b. If the proposed rate is between 150% and 200% - the accepted rate will be 85% of the proposed rate.
c. If the proposed rate is greater than 200% - the accepted rate will be 75% of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.
3. If the Consultant fails to comply with the provisions of this Section E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.
4. Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA-audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and (3) IOAI has issued its final ICR review letter. Consultant must submit its final invoice to City no later than 60 calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed by City and Consultant, either as a prime or subconsultant, with the same fiscal period ICR.
8. Subcontracting (Exhibit 10-R, Article X).
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to Consultant.
B. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by City’s contract administrator, except that which is expressly identified in Consultant’s approved cost proposal. There shall be no change in Consultant’s project manager or members of the project team, as listed in the approved cost proposal, without prior written approval by City’s contract administrator.
C. Any subcontracts entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subconsultants unless otherwise noted.
Updated: 8/22 Page 33
D. Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City.
E. Any substitution of subconsultant(s) must be approved in writing by City’s contract administrator in advance of assigning work to a substitute subconsultant.
F. Prompt Progress Payment
Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150% of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the payor to a penalty, payable to the subconsultant, of 2% of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
City may hold retainage from Consultant and shall make prompt and regular incremental acceptances of portions, as determined by City, of the work, and pay retainage to Consultant based on these acceptances. Consultant or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the work by City. Any delay or postponement of payment may take place only for good cause and with City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and other remedies specified in section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance, and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
9. Equipment Purchase and Other Capital Expenditures (Exhibit 10-R, Article XI).
A. Prior authorization in writing by City’s contract administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.
Updated: 8/22 Page 34
B. For purchase of any item, service or consulting work not covered in Consultant’s approved cost proposal and exceeding $5,000, with prior authorization by City’s contract administrator, three competitive quotations must be submitted with the request, or the absence of quotes must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:
1. Consultant shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures, and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.
2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
10. State Prevailing Wage Rates (Exhibit 10-R, Article XII).
A. No Consultant or subconsultant may be awarded an agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5. Registration with DIR must be maintained throughout the entire Term of this Agreement, including any subsequent amendments.
B. Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation’s Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance ). These wage rates are
made a specific part of this Agreement by reference pursuant to Labor Code section 1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each Consultant and subconsultant shall keep accurate certified payroll Updated: 8/22 Page 35
records and supporting documents as mandated by Labor Code section 1776 and as defined in 8 CCR section 16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Consultant or subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representatives at all reasonable hours at the principal office of Consultant. Consultant shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or the employee’s authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by Consultant.
c. The public shall not be given access to certified payroll records by Consultant. Consultant is required to forward any requests for certified payrolls to City’s contract administrator by both email and regular mail on the business day following receipt of the request.
3. Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual’s name, address, and social security number. The name and address of Consultant or subconsultant performing the work shall not be marked or obliterated.
5. Consultant shall inform City of the location of the records enumerated Updated: 8/22 Page 36
under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. Consultant or subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties will be withheld by the Division of Labor Enforcement Standards from payments then due. Consultant is not subject to a penalty assessment pursuant to this Section due to the failure of a subconsultant to comply with this Section.
E. When prevailing wage rates apply, Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by City’s contract administrator.
F. Penalty
1. Consultant and any of its subconsultants shall comply with Labor Code sections 1774 and 1775. Pursuant to Labor Code section 1775, Consultant and any subconsultant shall forfeit to City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code sections 1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of Consultant or subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if Consultant or subconsultant had knowledge of the obligations under the Labor Code. Consultant is responsible for paying the appropriate rate, including any escalations that take place during the Term of the Agreement.
3. In addition to the penalty and pursuant to Labor Code section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by Consultant or subconsultant.
4. If a worker employed by a subconsultant on a public works project is not paid the general prevailing per diem wages by the subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the Updated: 8/22 Page 37
prime Consultant had knowledge of that failure of the subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements:
a. The agreement executed between the Consultant and the subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
b. Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the subconsultant to the employees by periodic review of the certified payroll records of the subconsultant.
c. Upon becoming aware of the subconsultant’s failure to pay the specified prevailing rate of wages to the subconsultant’s workers, Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subconsultant for work performed on the public works project.
d. Prior to making final payment to the subconsultant for work performed on the public works project, Consultant shall obtain an affidavit signed under penalty of perjury from the subconsultant that the subconsultant had paid the specified general prevailing rate of per diem wages to the subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code section 1813.
5. Pursuant to Labor Code section 1775, City may notify Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If City determines that employees of a subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, Consultant shall withhold an amount of moneys due the subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City.
G. Hours of Labor. Eight (8) hours labor constitutes a legal day’s work. Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by Consultant or any of its subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular sections 1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in section 1815.
H. Employment of Apprentices
Updated: 8/22 Page 38
1. Where either the Agreement or the subagreement exceeds thirty thousand dollars ($30,000), Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code sections 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. Consultant and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey- to-apprentice ratios for the work under the Agreement. Consultant is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code section 1777.7.
11. Conflict of Interest (Exhibit 10-R, Article XIII).
A. During the Term of this Agreement, Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow.
B. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law.
C. Consultant hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.
D. Consultant hereby certifies that Consultant or subconsultant and any firm affiliated with Consultant or subconsultant that bids on any construction contract or on any agreement to provide construction inspection for any construction project resulting from this Agreement has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one which is subject to the control of the same persons through joint ownership or otherwise.
12. Rebates, Kickbacks or Other Unlawful Consideration (Exhibit 10-R, Article XIV).
Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee.
For breach or violation of this warranty, City shall have the right, in its discretion, to terminate the Agreement without liability, to pay only for the value of the work actually performed, or to deduct from the Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
Updated: 8/22 Page 39
13. Prohibition of Expending Local Agency, State, or Federal Funds for Lobbying (Exhibit 10-R, Article XV).
<Include this Section in all agreements where federal funding will exceed $150,000. If less than $150,000 in federal funds will be expended on the agreement, delete this Section and re-number the Sections that follow.>
A. Consultant certifies, to the best of his or her knowledge and belief, that:
1. No state, federal or local agency appropriated funds have been paid or will be paid, by or on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of any local, state or federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress, in connection with the awarding or making of this Agreement, or with the extension, continuation, renewal, amendment, or modification of this Agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Agreement, Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
C. Consultant also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
14. Non-Discrimination Clause and Statement of Compliance (Exhibit 10-R, Article XVI).
<Attach Appendix A and Appendix E of the Title VI Assurances to the agreement. These appendices are available at https://dot.ca.gov/programs/local-assistance/guidance-and- oversight/title-vi/requirements.>
A. This Agreement is subject to Appendix A and Appendix E of the Title VI Assurances, which are attached to this Agreement. Consultant’s signature affixed to the Agreement, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.
B. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical Updated: 8/22 Page 40
condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated thereunder (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by City to implement such article.
The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code § 12990 (a-f), set forth 2 CCR §§ 8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
D. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
E. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
G. Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of subconsultants.
I. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering City’s components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of Updated: 8/22 Page 41
administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
15. Debarment and Suspension Certification (Exhibit 10-R, Article XVII).
A. Consultant’s signature affixed to the Agreement shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant or any person associated therewith in the capacity of owner, partner, director, officer, or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the U.S. General Services Administration are to be determined by the Federal Highway Administration.
16. Disadvantaged Business Enterprises (DBE) Participation (Exhibit 10-R, Article XVIII).
A. If this Agreement is subject to DBE participation requirements under 49 CFR 26, Consultant, City, or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, City shows a contract goal for DBEs.
Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
Consultant shall meet the DBE goal shown in the Agreement or demonstrate that they made adequate good faith efforts to meet this goal. It is Consultant’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies Updated: 8/22 Page 42
Consultant purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
• 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
• Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
This Agreement is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” Consultants who enter into a federally-funded agreement will assist City in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this Agreement is _________%. Participation by DBE Consultant or subconsultants shall be in accordance with information contained in Exhibit 10-O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the Agreement. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet the Agreement goal, or by documenting adequate good faith efforts to meet the Agreement goal. An adequate good faith effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. Contract Assurance
Under 49 CFR 26.13(b):
Consultant, City, or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of the Agreement. Consultant shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate, which may include, but is not limited to:
1. Withholding monthly progress payments;
2. Assessing sanctions;
3. Liquidated damages; and/or
Updated: 8/22 Page 43
4. Disqualifying Consultant from future proposing as non-responsible.
E. Termination and Substitution of DBE Subconsultants
Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City’s written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from City. Unless City’s consent is provided, Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form, included in the Proposal.
City may authorize a request to use other forces or sources of materials if Consultant shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet City’s bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the Agreement.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Agreement
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Agreement.
11. City determines other documented good cause.
Consultant shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise Consultant and City of the reasons why the use of other forces or sources of materials should not occur.
Consultant’s request to use other forces or material sources must include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from Consultant to the DBE regarding the request.
Updated: 8/22 Page 44
3. Notices from the DBEs to Consultant regarding the request.
If a listed DBE is terminated or substituted, Consultant must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the Agreement to the extent needed to meet or exceed the DBE goal.
F. Commitment and Utilization
City’s DBE program includes a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
City requests that Consultant:
1. Notifies City’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provides this notification before starting the affected work
3. Maintains records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment) If Consultant is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work.
If a DBE is decertified before completing its work, the DBE must notify Consultant in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant in writing of the certification date. Consultant shall submit the notifications to City. On work completion, Consultant shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to City within 30 days.
Upon work completion, Consultant shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to City within 90 days of work completion. City will withhold $10,000 until the form is submitted. City will release the withhold upon submission of the completed form.
In City’s reports of DBE participation to Caltrans, City must display both commitments and attainments.
G. A DBE is only eligible to be counted toward the Agreement goal if it performs a commercially useful function (CUF) on the Agreement. CUF must be evaluated on an agreement by agreement basis. A DBE performs a CUF when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a Updated: 8/22 Page 45
DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Agreement, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its Agreement with its own work force, or the DBE subcontracts a greater portion of the work of the Agreement than would be expected on the basis of normal industry practice for the type of work involved, it may be presumed that it is not performing a CUF.
J. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE Consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the Term of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification.
If a subconsultant becomes a certified DBE during the Term of the Agreement, the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the City’s contract administrator within thirty (30) calendar days.
L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the Consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to City.
M. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.
17. Funding Requirements (Exhibit 10-R, Article XX).
A. It is mutually understood between the Parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both Parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.
B. This Agreement is valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this Agreement in any manner.
Updated: 8/22 Page 46
C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.
D. City has the option to terminate the Agreement pursuant to Section 4 (Article VI), Termination, or by mutual agreement to amend the Agreement to reflect any reduction of funds.
18. Contingent Fee (Exhibit 10-R, Article XXII).
Consultant warrants, by execution of this Agreement, that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; to pay only for the value of the work actually performed; or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
19. Safety (Exhibit 10-R, Article XXV).
A. Consultant shall comply with Occupational Safety and Health Administration (OSHA) regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code section 591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
<Add the following paragraph to all agreements which may require trenching of five feet or deeper>
C. Consultant must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.
20. Ownership of Data (Exhibit 10-R, Article XXVI).
A. It is mutually agreed that all materials prepared by Consultant under this Agreement shall become the property of City, and Consultant shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant’s privileged information, Updated: 8/22 Page 47
as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.
B. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
E. City may permit copyrighting reports or other agreement products. If copyrights are permitted, the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes.
21. Claims Filed by City’s Construction Contractor (Exhibit 10-R, Article XXVII).
A. If claims are filed by City’s construction contractor relating to work performed by Consultant’s personnel, and additional information or assistance from Consultant’s personnel is required in order to evaluate or defend against such claims, Consultant agrees to make its personnel available for consultation with City’s construction contract administrator and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. Consultant’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant’s personnel services under this Agreement.
C. Services of Consultant’s personnel in connection with City’s construction contractor claims will be performed pursuant to a written amendment to this Agreement, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.
22. Confidentiality of Data (Exhibit 10-R, Article XXVIII).
A. All financial, statistical, personal, technical, or other data and information relative to City’s operations, which are designated confidential by City and made available to Consultant in order to carry out this Agreement, shall be protected by Consultant from unauthorized use and disclosure.
Updated: 8/22 Page 48
B. Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.
C. Consultant shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City’s staff, Consultant’s own personnel involved in the performance of this Agreement, at public hearings, or in response to questions from a Legislative committee.
D. Consultant shall not issue any news release or public relations item of any nature whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City’s written permission.
<For PS&E contracts, add paragraph E, below, to paragraphs A through D, above>
E. All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than City, Caltrans, and/or FHWA. All of the materials prepared or assembled by Consultant pursuant to performance of this Agreement are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
23. National Labor Relations Board Certification (Exhibit 10-R, Article XXIX).
In accordance with Public Contract Code § 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.
24. Evaluation of Consultant (Exhibit 10-R, Article XXX).
Consultant’s performance will be evaluated by City. A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as part of the Agreement record.
CITY OF SAN PABLO
Public Works Department
March 8, 2023
SUBJECT: ADDENDUM NO. 2
Full Trash Capture Device Project at Church and Willow, CIP Project No. 0304
(File Number 0602.15.02)
To Prospective Bidders:
The following are changes to the Request for Proposal (RFP) for the above referenced project:
This addendum is hereby made a part of the RFP documents to the same extent as if they were originally included therein. Receipt of this addendum shall be acknowledged with the proposal for Full Trash Capture Device Project at Church and Willow.
BID OPENING:
1. Bid opening is unchanged. Date: March 14, 2023
RESPONSE TO QUESTIONS:
1. Would the City share the contract language so we can review prior the submitting the proposal?
The sample contract was posted to PlantBids for access by all proposers on February 6, 2023 as Addendum #1.
2. Can the City share as-built information for the storm drain line under Willow Street?
As-Built information will be made available to the selected consultant, but prior to the final contract negotiation.
3. The proposal only allows for three pages for the project approach. Would it be acceptable to expand the number of pages so we can provide more details about our approach and assumptions?
The “Project Approach” section will remain limited to 3 pages. However, as part of the contract negotiation, the consultant will be requested to submit a detailed workscope with anticipated deliverables.
4. What are the means to conform with the Local Employment and Contracting Opportunities?
It is anticipated that due to the Professional Services aspect of this RFP that meeting the income constraints of this statute may not be feasible, however the subcontracting can be
made as a reasonable expectation for ancillary work which may utilize Local Employment and Contracting Opportunities and the San Pablo Economic Development Corporation has resources for contacts to fulfill the Local Employment and Contracting Opportunities requirement at [email protected] or 510-215-3200.
If you have any questions regarding this addendum, please contact Matt Brown, Senior Civil Engineer at (510) 215-3061.
Sincerely,
Matthew A Brown
MATTHEW A BROWN, P.E. for
ALLAN A. PANGANIBAN, P.E.
Public Works Director / City Engineer
RTH/JZ
cc: PW Chron. file
1000 Gateway Avenue ● San Pablo, CA 94806
Main: 510-215-3060 ● Fax: 510-215-3013
www.SanPabloCA.gov
CITY OF SAN PABLO
Public Works Department
March 9, 2023
SUBJECT: ADDENDUM NO. 3
Full Trash Capture Device Project at Church and Willow, CIP Project No. 0304
(File Number 0602.15.02)
To Prospective Bidders:
The following are changes to the Request for Proposal (RFP) for the above referenced project:
This addendum is hereby made a part of the RFP documents to the same extent as if they were originally included therein. Receipt of this addendum shall be acknowledged with the proposal for Full Trash Capture Device Project at Church and Willow.
RFP OPENING:
1. RFP opening is changed. Date: March 22, 2023 at 4:00PM
Remove the previous coversheet and sheets #3, 7, 9 (four pages in total) and replace them with the attached sheets with the revised highlighted dates which correspond to the revised RFP submittal date.
If you have any questions regarding this addendum, please contact Matt Brown, Senior Civil Engineer at (510) 215-3061.
Sincerely,
Matthew A Brown
MATTHEW A. BROWN, P.E. for
ALLAN A. PANGANIBAN, P.E.
Public Works Director / City Engineer
RTH/JZ
cc: PW Chron. file
1000 Gateway Avenue ● San Pablo, CA 94806
Main: 510-215-3060 ● Fax: 510-215-3013
www.SanPabloCA.gov
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
REQUEST FOR PROPOSALS
Full Trash Capture Device Project
(0304) at Church & Willow
Professional Engineering Services
February 1, 2023
Proposals Must Be Received By:
March 22, 2023 by 4:00 p.m.
3 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
5. Estimated Cost
Caltrans has estimated that the Project Construction will cost One-million Six-Hundred and Fifty Thousand Dollars ($1,650,000).
6. Estimated Schedule
To comply with the Caltrans NPDES requirements the project has a limited schedule for design. All Consultants are expected to be able to meet the schedule below. No extensions will be granted.
Prepare Designer RFP January 2023
Solicit Proposals February 2023
Award Design Contract May 2023
Design May – August 2023
Permitting August – October 2023
Bid and Award January – April 2024
Construction June – December 2024
Council Acceptance April 2025
Project Closure October 2025
7 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
f. Neither the City of San Pablo, it’s City Council, officers, employees, agents, representatives, nor any of its consultants will be liable for any claim or damages resulting from the RFP process.
g. By submitting a proposal in response to this RFP, the proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City. All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed.
4. Agreement
The anticipated duration of the agreement will be for 22 months, with the term tentatively to begin May 2023 and end February 2025.
A sample agreement is attached (Attachment 1) that includes terms regarding conflict of interest, insurance, indemnification and assignment. The consultant selected to perform the work will be required to comply with these terms.
E. PROPOSAL PROCEDURE
1. Submission of Proposals
Each Proposer must submit a sealed envelope or package containing 3 print copies and one electronic copy (PDF or comparable) of its Proposal, each copy clearly identified as “Proposal for Full Trash Capture Device Project (0304) at Church & Willow .” The electronic copy may be included on a thumb drive in the sealed envel ope or package or emailed to: [email protected] and [email protected] . The
sealed Proposal must be delivered to:
City of San Pablo
City Clerk’s Office
1000 Gateway Ave
San Pablo, CA 94806
All Proposals, in both print and electronic format, must be received by the City Clerk’s office by March 22, 2023 no later than 4:00 p.m. (“Proposal Deadline”).
Proposals may not be modified after the Proposal Deadline.
2. Consultant Selection Process
The first step in the evaluation process will be to determine that each submittal contains all forms and other information required by this RFP. Any submittals missing the required information may be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong location, and submittals with inadequate copies are considered nonresponsive and shall be rejected. Submittal of additional information after the due date shall not be allowed.
9 City of San Pablo
Request for Proposals
Full Trash Capture Device Project (0304)
B. Understanding of the Work/Project (25 points)
Demonstrated understanding of the Project including Project needs, identification of potential issues and overall approach to complete streets design.
C. Experience with Similar Work (20 points)
Experience of the firm(s) with similar projects, including local knowledge, expedited timelines, working with multiple grants and prior experience with bicycle and pedestrian projects
D. Quality and Availability of Staff (15 points)
Quality and availability/current workload of proposed staff E. Innovation and Advanced Techniques (10 points)
Capability of developing and identification of innovative approaches and solutions to key project issues
F. Financial Responsibility (10 points)
The firm’s(s) ability to meet project budget, financial and schedule requirements G. Project Delivery (10 points)
Demonstrated technical ability of staff and if relevant, experience of consultant teams working together
H. Local Subcontracting Approach/ Local Employment Approach (5 points) A consultant’s successful use of the local subcontracting and local employment approach (Section D, Items 1a. and 1b.) or a documented good faith effort to succeed at using the City’s local subcontracting and/or local employment approach.
4. Tentative Schedule
Below is a tentative schedule for the selection and procurement process. Dates are subject to change by City staff and/or unforeseen circumstances.
Item Date
RFP Release Date February 1, 2023
Mandatory Pre-Proposal Meeting Date February 22, 2023
Last day to submit any questions March 7, 2023
RFP Proposal submittal Date March 22, 2023
Panel Review March 28, 2023
Interview period Week of April 3, 2023
Selection and negotiation period Week of April 10, 2023 Contract to be awarded at City Council May 1, 2023
F. ATTACHMENTS
Attachment 1 - Sample Consultant Agreement
Attachment 2 - Caltrans Project Initiation Report (62 pages) Attachment 3 - Storm Drain System Mapping (3 pages)
Updated: 4/23 Page 17
Exhibit B
Consultant’s proposal
Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
1171 Homestead Rd., Ste. 255
Santa Clara, CA 95050
(408) 246-4848
March 22, 2023
PROPOSAL FOR
City of San Pablo
Full Trash Capture Device Project (0304) at Church & Willow Table of Contents
Schaaf & Wheeler
Table of Contents
A. Letter of Interest/Cover Letter ............................................................................................... 1 B. Organization Chart/Personnel ............................................................................................... 2 C. Firms Statement of Qualifications ........................................................................................ 3 About Schaaf & Wheeler ........................................................................................................... 3 About our Subconsultants ......................................................................................................... 5 D. Staff Statement of Qualifications or Resumes .................................................................... 6 E. Project Management and Staff Availability .......................................................................... 8 Management Approach ........................................................................................................... 13 QA/QC Plan ............................................................................................................................. 14 F. Project Approach .................................................................................................................. 15 G. Schedule of Work ................................................................................................................. 17 H. Cost Proposal (included separately)
I. Method of Payment ................................................................................................................ 18 J. References ............................................................................................................................. 19 K. Consultant Contract Statement .......................................................................................... 20
Schaaf & Wheeler 1
Schaaf & Wheeler
CONSULTING CIVIL ENGINEERS
4699 Old Ironsides Drive, Suite 350
Santa Clara, CA 95054
(408) 246-4848
A. Letter of Interest/Cover Letter
March 22, 2023
Matt Brown, Senior Civil Engineer
City of San Pablo
City Clerk’s Office
1000 Gateway Ave
San Pablo, CA 94806
Subject: Proposal for Full Trash Capture Device Project (0304) at Church & Willow Dear Mr. Brown:
Schaaf & Wheeler proposes its professional engineering services for the Full Trash Capture Device Project (0304) at Church & Willow to the City of San Pablo. Our team is positioned to provide the City with design and construction document preparation to capture trash from Caltrans right-of-way and the local area.
Schaaf & Wheeler has provided numerous agencies with services related to trash capture, including for the Cities of Livermore, Hayward, Mountain View, and San Mateo. Our team of engineers is highly skilled in trash capture siting and design. We are familiar with the challenges of constructing new trash capture devices as retrofits to existing storm drain infrastructure. We will identify a preferred location and select a trash capture device type to limit impacts during construction to the existing infrastructure and system hydraulics.
We also will bring our experience working with Caltrans-funded trash projects to improve the process of project approval and successful installation.
Caitlin J. Tharp, PE will be the project manager. Caitlin has 10 years of experience designing large trash capture devices in the Bay Area. I will be the principal-in-charge, bringing more than 20 years of experience overseeing water infrastructure projects throughout California. I am authorized to negotiate a contract with the City.
We are in receipt of Addenda 1, 2, and 3. The enclosed proposal outlines our team qualifications and project approach. We welcome the opportunity to meet with the City to discuss our proposal further. If you need any further information or have any questions, please contact Caitlin at (415) 823-4964 or [email protected].
Sincerely,
Schaaf & Wheeler
Benjamin L. Shick, PE
President
B. Organization Chart/Personnel
Schaaf & Wheeler 2
B. Organization Chart/Personnel
Principal
-
in
-
Charge
Benjamin L. Shick, PE
Project Manager
Caitlin J. Tharp, PE
Project Engineer
Victoria O. Belli, PE
Staff Engineer
Garrett Chick
Survey
Kier + Wright
Utility Locating/Potholing
Bess Testlabs
Geotechnical
BSK
C. Firms Statement of Qualifications
Schaaf & Wheeler 3
C. Firms Statement of Qualifications
About Schaaf & Wheeler
Firm Name: Schaaf & Wheeler
Type of Organization: Corporation – Incorporated in California since 1985, in business 38 years
Primary Contact: Caitlin J. Tharp (Gilmore), PE
4699 Old Ironsides Drive, Suite 350, Santa Clara, CA 95054 (415) [email protected]
Offices: HQ: 4699 Old Ironsides Drive, Suite 350, Santa Clara, CA 95054 870 Market Street, Ste. 1278, San Francisco, CA 94102
2200 Range Avenue, Ste. 201, Santa Rosa, CA 95403
3 Quail Run Circle, Ste. 101, Salinas, CA 93907
10232 Donner Pass Road #4, Truckee, CA 96161
Professional
Registrations and
Affiliations:
Certified State of California Small Business Enterprise Certification No. 40527
Schaaf & Wheeler is a civil engineering firm focused in water resources. With over 30 years of commitment to solving flood control, stormwater, wastewater, potable water, and recycled water problems, Schaaf & Wheeler is recognized by public and private sector clients for its value- added engineering. We are certified as a small business enterprise by the State of California and operate from five locations: Santa Clara, San Francisco, Santa Rosa, Salinas, and Truckee.
Schaaf & Wheeler has 10 areas of focus within the water resources discipline. ▪ Hydrology and hydraulics analyses, including site evaluations and modeling; ▪ Flood control analyses, including floodplain studies and channel design, filing of letters of map revision, and FEMA coordination;
▪ Watershed assessments, erosion and sediment control, and bioengineered channel stabilization;
▪ Water quality, including design or review of best management practices (BMPs) for stormwater treatment and hydromodification flow control facilities; ▪ Stormwater management and drainage services, including master planning, engineering, and design of urban storm drain systems and pump stations; ▪ Wastewater system master planning, engineering, and design of conveyance systems, including lift stations;
▪ Potable water system master planning, modeling, engineering; and design of supply, storage, collection and distribution systems, including tanks and booster stations; ▪ Recycled water systems planning, engineering, and design; including reclamation feasibility studies and customer retrofits;
▪ Construction management, construction site observation, construction inspection services, value engineering, construction cost analysis, and constructability reviews; and
▪ Project management, including management of subconsultants, containment of schedule and cost, and communications with client and stakeholders.
Schaaf & Wheeler has conducted numerous trash capture feasibility and design projects for Bay Area municipalities. Our team brings years of experience in providing civil engineering design C. Firms Statement of Qualifications
Schaaf & Wheeler 4
services and other relevant services on underground storm water projects and using current practices, standards, and guidance for hydraulic design of facilities, structural design, and traffic control.
Some of our recent projects are highlighted in the below map, with additional project details and client contact information included in the “References” section of this document.
C. Firms Statement of Qualifications
Schaaf & Wheeler 5
About our Subconsultants
Schaaf & Wheeler has completed the RFP’s requested local subcontracting outreach efforts by contacting the EDC at [email protected] at least two weeks prior to any subcontract award to provide notice and details regarding our available subcontracting opportunities.
Geotechnical
Founded in 1966 in Fresno, BSK Associates (BSK) is a nearly 200-employee strong, California-grown engineering consulting firm providing geotechnical engineering, materials testing and special inspection, environmental engineering, and analytical chemistry laboratory support to primarily public agency clients. Over 75% of their projects in the Bay area are within the public sector. BSK holds a strong resume of soils experience supporting utilities projects throughout the Bay Area and beyond. BSK is a registered public works contractor with the Department of Industrial Relations (#1000003557).
Potholing
Bess Testlab, Inc. (BESS) is a C-Corporation, privately-owned company based out of Hayward, CA and has been in operation since 1967. BESS provides a complete range of utility solutions to both private and public companies throughout Northern and Southern California. BESS utilizes state-of-the-art electromagnetic and acoustic pipe locators as well as our ground penetrating radar (GPR) systems to designate underground utilities. BESS has 70 trained locating/potholing technicians on staff.
Survey
Kier + Wright (K+W) is a team of civil engineering and land surveying professionals founded in 1972 with eight offices and 230 total employees, including 13 licensed land surveyors. They have over 60 LEED-certified projects and are trusted by many cities to bring their public improvements to life, including the Cities of Oakland, Mountain View, Hayward, Los Gatos, Dublin, and Livermore, and many local municipalities such as Alameda County Public Works, Zone 7 Water Agency, and Alameda County Water District. Their civil engineering and land surveying team is well versed in the varied public agency and local regulatory agency approval processes.
D. Staff Statement of Qualifications or Resumes
Schaaf & Wheeler 6
D. Staff Statement of Qualifications or Resumes
Schaaf & Wheeler has assembled a dedicated team of in-house engineers and subconsultants to complete this project. Individual qualifications and responsibilities are summarized below. Full resumes outlining similar/related projects of key personnel are included on the following page.
Additional resumes, including for subconsultants, are available upon request.
Caitlin J. Tharp, PE, QSD, CPSWQ: Project Manager
Caitlin is an owner and vice president at Schaaf & Wheeler. She brings more than 15 years of experience in stormwater systems, hydrology and hydraulics, open channel design, bridge scour analysis, pump stations, and water distribution. She is accomplished in full trash capture planning and design, NPDES permit compliance, and storm sewer system design.
Caitlin has been assisting municipalities with locating, assessing feasibility and constructability of full trash capture systems for 10 years and has designed over 20 large scale full capture systems. This includes performing field investigations for full trash capture siting at the Oakland Airport, City of Vallejo, and City of Emeryville. Caitlin augments her skills regularly through training and has provided numerous presentations on trash capture device selection, design and hydraulics to organizations including CASQA, FMA and APWA.
Caitlin will be responsible for day-to-day project management for the entire length of the project.
She will hold regular team meetings to make sure issues are resolved effectively and to allocate resources to critical tasks. She will work with City staff to make sure procedural issues are exposed and resolved. She will attend all critical meetings with City personnel.
Benjamin L. Shick, PE: Principal-in-Charge
Ben is a vice president and owner at Schaaf & Wheeler. He has more than 20 years of experience in infrastructure planning and design of wastewater, potable water systems, and stormwater. He has served as project manager and project engineer of water and sewer mains, sewage lift stations, stormwater pumping stations, gravity sewers, floodplain investigation, shoreline protection studies, drainage studies, channel design and modeling, water rights permitting, wetland analysis and design, and small bridge design for local public agencies.
Ben will provide technical supervision, peer review, and overall project oversight. He will also be responsible for contract negotiation and overall technical management for the duration of the project. He will work with Caitlin to maintain the project schedule and budget and assume ultimate responsibility for the quality of all work. He will work with City staff to make sure contractual issues are resolved.
Victoria O. Belli, PE: Project Engineer
Tori has over six years of design experience at Schaaf & Wheeler. She has worked on trash capture projects in Livermore, Marin County, and San Mateo County. Tori is also well versed in hydrology and hydraulics. She has worked on event modeling related to flooding issues for watershed flood studies and master planning.
Tori will develop the plans and specifications and provide the engineering to put together a clean set of plans and realistic cost estimates. Tori will also make sure that all the necessary electronic files in AutoCAD and GIS are submitted to the City.
D. Staff Statement of Qualifications or Resumes
Schaaf & Wheeler 7
Garrett Chick, EIT: Staff Engineer
Garrett has one year of experience with geotechnical engineering services, along with six months of trash capture, hydrology and hydraulics, stormwater systems, and bridge scour analysis experience. He is currently assisting with the trash capture reduction goal of Regional Municipal Permit Section C.10 of multiple Bay Area cities and with siting devices to assist Caltrans in meeting their NPDES permit trash requirements. These projects consist of feasibility studies of trash capture devices and the investigation of any effects these devices will have on the stormwater systems.
Garrett will work with Tori to develop project plans and specifications and complete engineer cost estimating. Garrett will conduct field investigations and oversee geotechnical and utility investigations.
D. Staff Statement of Qualifications or Resumes
Schaaf & Wheeler 8
Caitlin J. Tharp (Gilmore), PE has 15 years of experience with trash capture, water quality, water supply and distribution, hydrology and hydraulics, stormwater systems, open channel design, bridge scour analysis, and sea level rise design. Caitlin regularly prepares hydrology and water quality reports for EIRs as well as assess and design channels and waterfront development for climate change impacts. Caitlin is also accomplished in assessment and design of trash capture infrastructure, water quality BMP inspection and plan review, NPDES permit compliance, and storm system design.
She is currently assisting several northern California municipalities to comply with the Regional Municipal Permit Section C.10 and the State Trash Amendments to achieve their trash capture reduction goals.
These projects include feasibility and design of trash capture devices.
In the last 10 years, Caitlin has completed more than 30 FEMA LOMC applications to remove projects form the floodplain and is adept at floodproofing design and retrofit.
Selected Project Experience
Trash Capture
Embarcadero Trash Capture
Design
City of Palo Alto
Tennyson Trash Capture
Design
City of Hayward
Trash Capture Design at
Poplar Golf Course
City of San Mateo
MCSTOPPP Pump Station
Trash Capture Design
City of San Rafael
Phase 2 Trash Capture
Feasibility
Cities of Morgan Hill and
Gilroy
Phase 2 Trash Capture
Feasibility
Mendocino County
Trash Capture Design
City of Emeryville
Phase 2 Trash Capture
Feasibility
Port of Oakland
Phase 2 Trash Capture
Feasibility
Town of Windsor
Large and Small Scale Trash
Capture Design
City of Livermore
Trash Capture Phase VI
Preliminary Design and
Design Support
City of San Jose
Trash Capture Device
Feasibility Study and Design
City of San Bruno
Trash Capture Feasibility
Study and Design for Athlone
Pump Station
County of San Mateo
Trash Capture Feasibility
Study
City of Vallejo
Trash Capture Design at
Dore Avenue
City of San Mateo
Trash Capture Feasibility
Study and Preliminary Design
City of South San Francisco
Trash Capture System
Feasibility and Design at
Piper Channel
City of Oakley
Trash Capture Design
City of Mountain View
Design of Trash Capture
Device for Matadero
Stormwater Pump Station
City of Palo Alto
Caitlin J. Tharp, PE
Vice President
Education
BSCE, Civil and
Environmental Engineering,
California Polytechnic
University, San Luis Obispo
MS, Environmental
Engineering, University of
Southern California
Licenses
Registered Civil Engineer,
California C76810
Nevada 030525
Certifications
LEED AP, QSD/QSP,
CPSWQ
Software
MikeUrban, AutoCAD,
ArcGIS, BAHM, HEC-RAS,
HEC-HMS, geoRAS
D. Staff Statement of Qualifications or Resumes
Schaaf & Wheeler 9
Design of Trash Capture
Device for Coyote
Stormwater Pump Station
City of San Mateo
Trash Capture Feasibility
Study for 5 Pump Stations
City of San Mateo
NPDES Trash Capture
Feasibility Study
City of Mountain View
NPDES Trash Capture
Feasibility Study
City of Livermore
Esplanade Trash Capture
Device
Cotton Shires &
Associates/City of Pacifica
Water Quality/Environmental
Heritage House CEQA
Hydrology and Flood Study
Napa County
Green Stormwater
Infrastructure Plan
City of Palo Alto
On-Call BART/VTA
Extension NPDES
Compliance and Storm
System Review
Milpitas
Butterfield Village Detention
and Stormwater Quality
Design
Morgan Hill
Stevenson and Mission
Developments BAHM
Modeling and HMP Design
Fremont
Library and El Camino Park
3rd Party Plan Review and
Construction Observation
City of Palo Alto
Serramonte Mall 3rd Party
C.3 Treatment Review and
Inpsection
City of Daly City
NPDES Compliance Analysis
and Preliminary Design
North Gilroy Neighborhood
Districts
Coyote Highlands Hydrology
and Water Quality Study
San Martin
San Sebastian Hydrology
and Water Quality Study
Morgan Hill
Cochrane-Borello Hydrology
and Water Quality
David J. Powers &
Assoc./City of Morgan Hill
Freeman Quarry Erosion
Control and Water Quality
Review
Gilroy
Stormwater Systems
Planning and Design
Google Downtown West
Storm Drain Planning
San Jose
Woz Way Coyote Creek
Outfall Design
San Jose
Milpitas Storm Drainage
Master Plan
Milpitas
Storm System Inventory and
Prioritized Repair and
Replacement Program
Woodside
Los Trancos Flood
Remediation
Los Trancos Water District,
Portola Valley
Baylands No. 2 Stormwater
Pump Station
City of Sunnyvale
North San José Storm Drain
Master Plan
City of San José
Floodplain Analysis
Google Downtown West Los
Gatos Creek Floodplain
Analysis
San Jose
West Little Llagas Creek
LOMR
Morgan Hill
South Flea Market Floodplain
Analysis and LOMR
City of San Jose
Floodproofing Feasibility,
Design Review and
Certification
Menlo Park
Lower Penitencia Creek
Improvements Project
Wood Rodgers/SCVWD
Berryessa Penitencia
Watershed Flood Study
Wood Rodgers/SCVWD
Centre Pointe Drive Flood
Analysis and FEMA
Applications
Milpitas
City of Menlo Park
Preliminary FEMA Map
Analysis
Menlo Park
Newton Square CLOMR and
ESA Compliance
Mountain View
Lennar Homes, 450
Montague Flood Analysis and
FEMA Applications
Milpitas
KB Homes Piper Drive
Floodplain Analysis and
FEMA Applications
Milpitas
Lakeview LOMR Floodplain
Modeling and FEMA
Application
Fremont
Monterey Street Duplexes,
Flood Analysis and FEMA
Applications
Gilroy
Traverse Development,
Trade Zone Blvd, Flood
Analysis and CLOMR
Milpitas
Silicon Valley BART
Extension, Floodplain
Analysis and Modeling
Milpitas and San Jose
D. Staff Statement of Qualifications or Resumes
Schaaf & Wheeler 10
Benjamin L. Shick, PE has more than 20 years of experience in water resources infrastructure planning and design of wastewater conveyance systems, water supply and distribution systems, stormwater systems, and pump stations.
Ben has conducted floodplain investigation, shoreline protection studies, drainage studies, channel design and modeling, water rights permitting, wetland analysis and design, small bridge design, infrastructure design, surveying, construction management, and construction quality control testing. He has been involved with all project phases from project initiation to construction document preparation and construction support.
Selected Project Experience
Stormwater Planning and
Design
Laurel Ave Storm Drain
Improvement Project
City of Larkspur
2022 Storm Drain
Improvements
Town of Corte Madera
Large Full Trash Capture
Device Project
City of Hayward
Storm Drain Pump Station
Assessment
City of Larkspur
MCSTOPP Full Trash
Capture Device Project
City of San Rafael
Old County Road Storm
Drain Improvements
City of Belmont
NEI Stormwater Pump
Station Design
City of Tracy
Storm Drain Pump Station
Improvements
City of Alameda
Los Gamos Storm Drain
Alternatives
City of San Rafael
Storm Drain Rehabilitation
Design
City of Belmont
Livermore Flood Damage
Assistance
City of Livermore
Grass Valley Culvert
Rehabilitation and
Replacement
Colantuono, Highsmith &
Whatley, PC
Mechanical Engineering
Services
City of Alameda
Cove Stormwater Pump
Station and Collection
System Evaluation
Marin County
Woodside Storm Drain
Rehabilitation, Phase I and II
Town of Woodside
16th Avneue Storm Drain
Study
City of San Mateo
Sears Point Stormwater
Pump Station Design
Ducks Unlimited
Ageno-Brisa Storm Drain
Design
City of Livermore
Design for Replacement of
Pump Station Hatches
City of Belmont
Ukiah Storm Drain
Maintenance and
Rehabilitation Study
City of Ukiah
Kingridge Storm Drain
Rehabilitation
City of San Mateo
Storm Drain Rehabilitation
Design
City of Belmont
Benjamin L. Shick, PE
Vice President
Education
BSCE, Montana State
University-Bozeman
MSCE, Montana State
University-Bozeman
Licenses
Registered Civil Engineer
California C68813
Affiliations
American Society of Civil
Engineers
Floodplain Management
Association
Software
AutoCAD, WaterCAD, HEC-
RAS, HEC-HMS, GeoRAS,
MOUSE, ArcGIS 9.0
D. Staff Statement of Qualifications or Resumes
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Stormwater Master Plan
City of Los Altos
El Charro Specific Plan
City of Livermore
Storm Drain Improvement
Design
City of Belmont
Storm Drain Capital
Improvement Program
City of Belmont
Storm Drain Master Plan
City of Livermore and City of
San Mateo
E. Garrison Storm Water
Pump Station
William Lyon Homes, Inc.
Espinosa and Castorville
Storm Water Pump Station
Monterey County
East Laurel Creek Culvert
Repair
Cotton Shire &
Associates/Belmont
Greenwood Storm Drain
Improvement
City of San Mateo
Hydrology, Hydraulics, and
Floodplain Management
Calwater Tank Overflow
Analysis
City of San Mateo
Miller Middle School Flood
Study
Nyberg Architects
Dilworth & De Vargas School
Flood Study
Cornerstone Earth Group
Airport Flood Protection
Project
City of Livermore
Belmont Marburger Flood
Study
Colantuono, Highsmith &
Whatley, PC
San Tomas Aquino Creek
Flood Study
Santa Clara Valley Water
District
San Mateo Bayfront Levee
Improvements
City of San Mateo
Arroyo Mocho & Las Positas
CLOMR; El Charro Specific
Plan CLOMR/LOMR
City of Livermore
Wastewater Systems
2023 Sanitary Sewer
Rehabilitation Project
City of Belmont
Frontage Road Force Main
Replacement
City of Mill Valley
Basin C Sewer Rehabilitation
City of San Mateo
Basin E Sewer Rehabilitation
City of San Mateo
West Valley Logistics
Sanitary Sewer Pump Station
City of Fontana
El Camino Drive Sewer
Rehabilitation
Town of Corte Madera
FY 2020/21 Sewer
Assessment and Design
City of Mill Valley
2020 Sewer Repair and
Replacement Project
San Rafael Sanitary District
Sanitary Sewer Improvement
Project
City of Morgan Hill
Old County Road and El
Camino Sewer and Storm
Drain Improvements
City of Belmont
2020 Sewer Rehabilitation
Project
Town of Corte Madera
Woodland Avenue Sewer
Improvements
San Rafael Sanitary District
2019 Sewer Repair Project
City of Mill Valley
El Camino Sewer
Rehabilitation
City of San Mateo
FY 2019/20 Force Main
Appurtenance Project
Ross Valley Sanitary District
North Road Sanitary Sewer
Pump Station and Force
Main
City of Belmont
East San Mateo Sanitary
Sewer Pump Station
City of San Mateo
Ocean Colony Pump Station
and Force Main Design
City of Half Moon Bay
Sewer Main and Water Main
Replacement
Mid-Peninsula Water District
& City of Belmont
Sanitary Sewer Lift Station
Rehabilitation Design
City of San Mateo
Wastewater Pump Stations
Assessment
Delta Diablo
Sanitary Sewer Rehabilitation
and Replacement
Rehabilitation Projects
City of Belmont
Sanitary Sewer Rehabilitation
Project
City of San Mateo
Force Main Appurtenance
Projects
Ross Valley Sanitary District
On-Call Mechanical
Engineering Services for
Stormwater Pump Stations
City of Alameda
Sewer and Pump Station
Maintenance Services
City of Half Moon Bay
Pump Station Improvements
Project
City of Oakland
Northside & Rabello Sanitary
Sewer Pump Station Bypass
& Meter Relocation
City of Santa Clara
D. Staff Statement of Qualifications or Resumes
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Victoria Belli, PE has six years of experience in modeling and design of storm water and drainage systems, hydrology and hydraulics, and trash capture. Victoria has worked on event modeling related to flooding issues for watershed flood studies and master planning.
Victoria assists with third party reviews for stormwater management plans for projects in San Mateo, Alameda, and Santa Clara Counties to ensure that the development meets the requirements of the San Francisco Bay Municipal Regional Permit.
Selected Project Experience
Trash Capture
Mountainview Trash Capture
Design
City of Mountainview
Trash Capture Design
City of Emeryville
Large and Small Scale Trash
Capture Design
City of Livermore
Third Party C3 Construction
Inspections for SWMP
Numerous clients
Development Review and
Management
Third Party C3 Review for
SWMP
Over 80 reviews for
numerous clients
Hydrology & Hydraulics
Spyglass Drive Storm Drain
Hydrology & Hydraulics
City of San Bruno
Citywide Flood Control and
Storm Drainage Master Plan
City of Mill Valley
Storm Drain Master Plan and
Asset Management
City of El Cerrito
Shaw Road Flooding
Analysis
City of South San Francisco
Stormwater Systems
Corporation and West
Bayshore Pump Stations
City of Palo Alto
FBO Airport Terminal and
Generator Building
Floodproofing
City of Livermore
Hazel Street Storm Drain and
Bio-Retention Basin Design
City of Pinole
Chrysler Pump Station
Rehabilitation
City of Menlo Park
Flood Gate Flood Protection
Design
Artichoke Joes
Floodplain Management/Sea
Level Rise
Soutbay Ecotone Shoreline
Study
H.T. Harvey & Associates &
US Army Corps of Engineers
Berryessa-Penitencia
Watershed Flood Study
Report
Santa Clara Valley Water
District
San Francisquito-Adobe
Watershed Flood Study
Santa Clara Valley Water
District
Design
Palm Beach County Water
Treatment Plants Surficial
Well Testing and
Rehabilitation
Palm Beach County
Holbrook Drive, Terra Lane,
Peach Place, Johnson Drive,
Karen Lane, and Arthur Road
Main Replacement
Contra Costa Water District
Berellessa Intertie Design
Contra Costa Water District
Marsh Creek Road Leak
Detection Design
Contra Costa Water District
Grove Way 6-Inch Pipe
Abandonment Phase 2
Contra Costa Water District
Kiki Drive & Vicinity Pipeline
Replacement
Contra Costa Water District
Education
BSCE, California State
University, Chico
Licenses
Registered Civil Engineer,
California C91634
Software
AutoCAD Civil 3D, ESRI’s
GIS software
Victoria Belli, PE
Associate Engineer
E. Project Management and Staff Availability
Schaaf & Wheeler 13
E. Project Management and Staff Availability
Management Approach
Efficient project management will play a critical role in providing a quality service meeting the City’s needs. Schaaf & Wheeler’s project manager, Caitlin Tharp, PE will be the City’s primary point of contact throughout the project. She will be responsible for coordinating and providing all deliverables to the City. She will also be responsible for maintaining all communication and coordination to the project staff, which includes subconsultants. This will limit confusion and miscommunications in the client/consultant relationship. Ben Shick, PE, with his experience managing large public infrastructure projects, will be in charge of overseeing the contracting, subcontracting, and invoicing requirements.
With experience from several similar projects with multiple stakeholders and subconsultants, Schaaf & Wheeler has developed and will employ several tested tools to assist in adhering to the agreed upon schedule. These procedures and tools will also allow us to provide the City with the most effective project management throughout the project. ▪ Consistent Communication: Bi-weekly conference calls allow Schaaf & Wheeler team to communicate with project staff (including subconsultants) on a consistent, prescheduled basis. This allows project staff to be aware of progress made, needed input, and keeps them involved in the project and decision making. Similar to construction progress meetings, these conference calls are typically very short, providing an update to both parties. If an issue arrives, it can be dealt with quickly, limiting the potential impact to schedule and budget. This includes consistent communication regarding hours spent and on-time invoicing. By coordinating frequently, unnecessary expenditures of time of overages of budget can be avoided. ▪ In-Person Meetings: While much communication and coordination can occur through digital means, there is a significant benefit of face-to-face meetings. As such, we include a kick-off meeting and site meetings in our scope. This allows for a collaborative on-site workshop environment to guide the project to the end result desired by the City. ▪ Document Control: Schaaf & Wheeler regularly works within cloud-based solutions to document sharing and will employ them in this project to limit confusion in document versioning. These may include Bluebeam Revu Studio for figures and conceptual drawings, Sharepoint, and One Drive for Word and Excel documents. This can allow for a clear record of comments and the history of changes.
▪ Staffing: The team is compiled of experts in each of the respective fields of geotechnical engineering, surveying, utility locating hydraulics, and infrastructure design. It is the intent to provide a small but dedicated team to the completion of the scope. The key managing staff, Caitlin and Ben, will not be substituted without prior approval from the City.
▪ Dedicated Quality Control: Schaaf & Wheeler, led by Ben Shick, will conduct a quality control review of all deliverables. With each quality control review, a detailed comment and response form will be filled out and submitted to the City with the associated submittal.
E. Project Management and Staff Availability
Schaaf & Wheeler 14
QA/QC Plan
Schaaf & Wheeler will perform an internal QA/AC review of each progress submittal prior to submission to the City.
They will review all documents and work with the project team to identify and correct potential issues and conflicts.
Our project design team will assess the constructability of the proposed project as described below:
▪ The design team will assess the project. We will
adjust the design as necessary to mitigate potential
issues.
▪ Following the design team assessment, we will
perform an independent constructability review of
the proposed improvements. The constructability
review will focus on identifying potential conflicts
and issues with the proposed construction methods,
permitting requirements, utility conflicts, hydraulic impacts, and trash device technology. ▪ Following the review, the design team will meet to discuss and review the proposed improvements. We will backcheck all QA/QC comments to ensure they have been properly addressed.
F. Project Approach
Schaaf & Wheeler 15
F. Project Approach
Schaaf & Wheeler has been working with municipalities under the regional San Francisco NPDES permit to site, verify feasibility, design, bid, and assist in the construction administration of full trash capture devices for the last 14 years. More recently, we have been assisting municipalities under the State Trash Amendments. This breadth of experience will be used to assist the City to produce an effective device installation, which limit impact and can be maintained for its design life.
There are both opportunities and constraints for the locating of the trash device near Church and Willow, which will require a site-specific solution. We would anticipate developing a preliminary design report, which optimizes trash removal using a State-approved full capture system. The elements that will impact the design and technology selection at the site include:
▪ hydraulics and upstream impacts
▪ utility conflicts
▪ site access for construction and maintenance
▪ geotechnical conditions
▪ cost effectiveness
▪ concerns of the stakeholders (namely Caltrans and residents) During the preliminary design report task, it will be our goal to uncover as many solutions as possible for each of these elements to inform the City’s decision to move forward with detailed design. Some of these considerations can be solved with slightly altering the device location (possibly to Ridge and Willow) while maintaining the trash capture reduction benefit from the trash generating land use.
We’d begin this project with a kick-off meeting in order to fully understand what information may be available from the City and Caltrans, as well as what work has been done already in siting the device. This allows us to focus our efforts on determining feasibility where there may be data gaps or where institutional knowledge may not exist.
Following the kick-off meeting, we would conduct a desktop analysis of the project location to review the data provided by the City, as well as available aerial imagery and other public data, to prepare for a site visit. We will compile a list of items we plan to review and investigate in the field.
The initial field visit will be conducted by Schaaf & Wheeler staff. We would request that the meeting also be attended by City engineering and maintenance staff. This would provide us with both background of the site operations as well as input on how the future trash device might be maintained.
At that time, we will also review the site for utility conflicts, right of way, construction access and staging, maintenance access, alternative device locations and configurations, and drainage connectivity. Schaaf & Wheeler has cultivated a strong sense of engineering judgement from previous trash capture projects, which can make this site visit productive and educational.
We would then develop a hydrologic HMS model to determine the flow rate at the site for the 1- year 1-hour storm as well as the design storm events (15- and 100-year, 24-hour). These flow rates will be provided to the state certified trash capture vendors to obtain project-specific F. Project Approach
Schaaf & Wheeler 16
device size, cost, and recommendations. We have long-standing and active relationships with each manufacturer, which allows us to work together quickly and easily.
We intend to provide up to three device options and configurations for consideration by the City.
If a device requires a weir in the system for diversion, the weir height will be calculated to capture the 1-year 1-hour event considering device head loss. The resulting device alternatives and weirs will be analyzed for head loss during each storm event reviewed for compliance with the drainage design standards. Should any device result in flooding, alternatives will be considered, or mitigation may be proposed. Mitigation may include installing a longer weir, upsizing the device or placing devices offline. At this point, we would recommend meeting with the City to get input. Following that meeting, we’d develop an engineer’s cost estimate. The preliminary design report would be drafted, including results from the above. The preliminary design report would also identify the need for additional permits, or utility locating and coordination. The draft report would be revised to a final version after review and input by the City.
Field investigations will commence, including topographic survey, boundary research, utility locating, and geotechnical boring. Concurrently with field investigations, 35% design drawings will be developed for review by the City to identify proposed structures, project configuration, coordination items, maintenance, traffic impacts and construction access. Evaluation and City input at the concept phase on the maintenance of the device is key to project success by incorporating project elements that simplify trash removal and cleaning.
Comments from the City and the results of the field work will be incorporated into 65% design plans and estimate. The design plan sets will require coordination with the device manufactures and City at each phase. Maintaining a realistic construction schedule becomes important at this point to identify potential schedule controls, such as permit submittals and review times, as well as device manufacturing and delivery. The past year has seen significant fluctuations in lead times and costs for trash capture devices. Additionally, the schedule may be impacted by permit requirements and dewatering constraints. Dewatering plan specification section will be developed to provide guidance and limitations to the contractor as part of the bid package.
These will be key in meeting the project schedule, to have a bid package ready in Spring of 2024 for construction in the dry season of 2024.
G. Schedule of Work
Schaaf & Wheeler 17
G. Schedule of Work
I. Method of Payment
Schaaf & Wheeler 18
I. Method of Payment
The basis of payment for this contract will be on time and materials, invoiced to the City on a monthly basis.
J. References
Schaaf & Wheeler 19
J. References
Client and Contact:
Joel Waxdeck, PE
Senior Engineer
City of Livermore
(925) 960-8129
[email protected]
Contract Value: $152,691
Team Members:
Caitlin J. Tharp, PE
Benjamin L. Shick, PE
Robin J. Lee, PE
Trash Capture Feasibility and Design, 2018 – 2020
Following the completion of a comprehensive city-wide
feasibility study, Schaaf & Wheeler assisted the City of Livermore in locating, sizing, modeling, and specifying two baffle box trash capture devices located at Stanley
Boulevard and Sunset Avenue and one trash net system
located at Southfront.
Schaaf & Wheeler, with subconsultant FDG, designed the
trash capture devices and supporting bypass weir wall for the netting system. All three large scale trash capture devices have been installed and operable since 2019.
Client and Contact:
Lisa Au
City of Mountain View
Department of Public Works
(650) 903-6991
[email protected]
Contract Value: $249,430
Team Members:
Caitlin J. Tharp, PE
Leif M. Coponen, PE
Trash Capture Feasibility and Design, 2016 – 2018
Schaaf & Wheeler provided conceptual design services for four large trash capture devices and two floating trash booms for the City of Mountain View. Conceptual design of the four large devices (HDS units) met the full capture requirements of the MRP2.0, each treating a drainage
area between 85 and 941 acres.
Of the four conceptual large trash capture devices, Schaaf & Wheeler facilitated the design and installation of one treating 941 acres. The device was an off-line baffle box (NSBB); the largest installation in California at the time of construction.
Client and Contact:
Elisa Wilfong
City of Hayward
(510) 881-7960
[email protected]
Contract Value: $163,018
Team Members:
Caitlin J. Tharp, PE
Benjamin L. Shick, PE
Sarah Weinberg, EIT
Trash Capture Projects Design, Coordination with
Caltrans, and Installation Management, 2021 – 2023
The City of Hayward contracted Schaaf & Wheeler to
provide preliminary siting and design through construction support for trash capture devices at Arf Avenue in
Alameda County Flood Control right of way and off
Tennyson Road in Caltrans right of way associated with
Highway 880.
Our firm is in the process of developing a hydraulic design report to support submission of the Arf Avenue concept to Alameda County Flood Control to provide sufficient
hydrologic and hydraulic data and impacts analysis to
resolve County comments. The Tennyson Trash capture
device has been successfully bid and will begin
construction Spring 2023. The Tennyson location will
include two offline CDS units with diversion structures on dual 57-inch RCP pipes.
K. Consultant Contract Statement
Schaaf & Wheeler 20
K. Consultant Contract Statement
Schaaf & Wheeler has reviewed the City’s Agreement for Consultant Services and has the following exceptions:
1. Page 1, paragraph 4 - WHEREAS, Consultant has represented to City that Consultant has the special training, skill, competence and expertise licensure necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; and is willing to provide the Services on the following terms and conditions.
2. (20) Termination B. Termination for Cause. City may terminate this Agreement for cause by providing Consultant with one day’s written notice of such termination if Consultant violates any of the terms and conditions of this Agreement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Consultant fails to perform any of the obligations required of Consultant within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services, as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Consultant, shall be charged to the Consultant.