Atty. Rev. 2021
AG
REEMENT FOR PROFESSIONAL SERVICES
Thi
s Agreement is made on July 16, 2024, by and between Nichols Consulting Engineers, Chtd. (NCE), a Nevada Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
1. WHEREAS, the need exists for the City to perform transportation planning and engineering to complete the Project Approval and Environmental Document phase of the project delivery of the Active Santa Maria Safe Routes to School Corridor Improvements; and
2. WHEREAS,
on March 1 st, 2024, the City issued a Request for Proposal (RFP) Project Development Professional Services for Project Approval and Environmental Document (PA&ED) - Active Santa Maria Safe Routes to School Corridor Improvements within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and
3. WHEREAS,
on April 4th, 2024, the City received one proposal from a firm that performs this work; and
4. WHEREAS, City staff independently review ed and score d the firm’s proposal based on specific criteria in the RFP; and,
5. WHEREAS, City staff determined that NCE satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed Project Development Professional Services ; and,
6. WHEREAS, the firm will provide services to fulfill the requirements of the RFP and relevant transportation planning and engineering as defined by the City; and, NOW
, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.01. Term and Termination. The term of this contract is one year, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.02. Services to be Performed. Cont
ractor shall determine the method, details and
means of providing engineering and planning services to complete the Project Approval and Environmental Document phase of the project. More specifically, Contractor agrees to perform the specific services listed in Exhibit “A.”
2.03 City’s Duties. C
ity’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices.
2.04. Payment. P ayment terms under this Agreement are listed in Exhibit “B.”
2.05. Insurance. Contractor shall provide insurance as listed in Exhibit “C.”
2.06. Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
3. Contractor’s Obligations.
3.01 . Minimum Amount of Service. Contractor shall devote sufficient time to perform services under this agreement efficiently and effectively. Contractor may represent, perform services for and be employed by additional individuals or entities, in Contractor’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
Attachment A
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3.02 . Tools and Equipment. Except as otherwise stated in this Agreement, Contractor will supply all tools and equipment necessary to perform this Agreement.
3.03 . Status. Contractor (including its employees) is an independent contractor. No employer/employee relationship exists between Contractor and the City. Contractor's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Contractor under this agreement. Contractor (as a business entity, including its employees) is a “design professional” as defined by California Civil Code section 2782.8(c)(3).
3.04. Indemnification. To the fullest extent permitted by law, the Contractor shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Contractor including its employees.
The provisions of this paragraph survive completion of the services or the termination of this contract.
The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. M iscellaneous
4.01. Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONTRACTOR, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To C
ontractor:
Attn. Mark Mueller Jim Bui, PE
110 S. Pine Street 17050 Bushard Street, Suite 200
Santa Maria, CA 93458 Fountain Valley, CA 92708
If
the designated Representative or address of either party changes during the term of this agreement, written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.02 . Compliance With Laws, etc. Contractor shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.03. Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.04. Interpretation. T
his agreement shall be interpreted in accordance with the laws of the State of California.
4.05. Jurisdiction. Jur isdiction and venue of all disputes over the terms of this agreement shall be in the County of Northern Santa Barbara, State of California.
4.06. Warranty of authority. Eac h person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.07. No Waiver. Fail ure to enforce with respect to a default shall not be construed as a waiver.
4.08. Severability. Th e provisions of this agreement are severable. If any part of this Atty. Rev. 2021
agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.09. Submittals. In addition to any other submittals required by this agreement, Contractor shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
4.10 P
revailing Wage. Prevailing Wage. If applicable, Contractor and all subContractors are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written abov
e.
CO
NTRACTOR CITY OF SANTA MARIA
___
________________ ____________________
By: Margot Yapp By:
President
APPROVED AS TO FORM:
___
___________________
City Attorney
______________________
Risk Manager
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EXHIBIT “A”
E. Scope o f Work
Project Understanding
The City has secured ATP-grant (State-only) funding including a local match totaling $8.131 Million ($0.5 Million for PA&ED, $0.5 Million for PS&E, $0.6 Million for ROW, and $6.531 Million for Construction) for the Active Santa Maria Safe Routes to School Project. We understand that the primary purpose of this project development professional services RFP is to deliver the Project Approval & Environmental Document (PA&ED) for the proposed project along the following corridors:
• Fesler Street from Blosser Road to Bradley Road (~2 miles), • S. Bradely Street from Main Street to Stowell Road (~1 mile) and from Fesler Street to Chapel Street (~0.1 miles) and • E. Jones Street from College Drive to Suey Road (~0.9 miles) The City's project aims to enhance safety, connectivity, and mobility for active transportation users by providing new or upg raded facilities such as bike lanes, sidewalks, crosswalks, curb ramps, traffic beacons, shared use path, signage, and striping. The improvements will also directly benefit five local Santa Maria elementary and middle schools and Allan Hancock College. Based on our understanding, this project is not Federalized, therefore NEPA requirements in the Local Assistance Procedures Manual (LAPM) do not apply. The City is the Lead Agency under CEQA, and Caltrans is a responsible agency. The proposed alignments primarily include City right-of-way (ROW) within an urbanized area, with only two areas identified in the ATP Application requiring ROW acquisition and no utility relocation. From an environmental screening perspective, the majority of the on-street bicycle and pedestrian improvements appear to categorically exempt from the perspective of CEQA.
However, based upon cursory review of the concept design layout provided, the City may need to obtain ROW primarily for the Jones Street shared use path extension from College Drive to Suey Road. This would be an extension of the shared use path first developed around 2011 behind the Santa Maria Transit Center and around 2016 behind the Santa Maria Terrace apartments. It appears based on historical imagery the tract of land needed for the new trail was likely a historical segment of the Santa Maria Valley Railroad. If the City does not currently own the land or possess a trail easement, the project will need to study exis ting ownership and ROW acquisition needs. Being a possible former railroad alignment, the project would also need to determine what historical railroad activities may have occurred, and if not previously tested for potential environmental hazards, include soil testing to help characterize potential environmental concerns or remediation actions prior to conversion to a shared use path.
Having previously completed the engineering design plans and CEQA Mitigated Negative Declaration for a 2- mile rails-to-trails shared use path, NCE is familiar with the intricacies of developing trail improvements over former railroad corridors.
The project wo
uld also need to confirm any maintenance or access agreements between the City and Caltrans for the Highway 101 freeway overpass and freeway-adjacent drainage facilities at Jones Street. The project will need to characterize the nature of the drainage facilities and if they are eligible as blue -line stream or wetland, and what if any project impacts may be anticipated. The drainage facility near Jones Street appears to be fed by surface runoff from Jones Street, highway ROW, adjacent residential development, and California Giant Berry Farms.
It's unclear if the City owns the land or possesses an easement for the proposed sidewalk widening along Mary Drive adjacent to Fairlawn Elementary school, which will be considered in NCE's preliminary data review. NCE will also confirm the City's plans for possible temporary construction encroachments where the on-street improvements cross or about potential Caltrans ROW such as the SR-135 (Broadway) at Fesler Street.
As part of this project, the NCE team will meet with the City to better understand on -site existing conditions and anticipated ROW needs, and then refine the concept documents into preliminary engineering plans and engineer's estimate of probable construction cost. This preliminary engineering effort will permit the City to validate the suitability of secured ATP grant funding and to determine the appropriate Environmental Document to complete the CEQA process and ultimately assist the City in securing project approval from Caltrans to proceed with the PS&E phase. If during development of the preliminary engineering plans there is sufficient refinement of the concept plans to warrant additional public outreach, NCE is prepared to assist the City with a supplemental public outreach program including preparation of posters, exhibits, and renderings for public comment.
NCE's interdisciplinary team is capable of assisting the City better define the project constrains and parameters and is full y Atty. Rev. 2021
equipped to provide necessary traffic planning and traffic engineering to review operational and safety performance of the concept plans, as well as assist developing more detailed preliminary basemaps via collection of surveyed aerial ortho-imagery and reviewing parcel maps or conducting title research or boundary surveys if needed.
Task 1 - Project Management and Meetings
NCE's Project Manager, Jim Bui, will serve as the City's single point of contact and will have primary responsibility for coo rdinating the efforts of the project team. Specific project management tasks to be conducted by NCE's Project Manager include monthly budgeting, invoicing, scheduling, and general project administration. NCE's Project Manager will arrange a kick -off meeting with the City to initiate the work. The objectives of the kick-off meeting will be:
• Review of the scope of work.
• Establish paths of communication.
• Review project schedule and critical milestones including Caltrans and CTC Allocation deadlines. • Review project requirements, including design objectives, budget, constraints, and criteria. The City's requirements will be further defined during the meeting.
• Review and discussion of the pertinent City standards, provisions, permits, and practices. • Review City Standard Design Criteria and latest City-adopted formats. • Request existing City design files, basemap data, ROW information, and environmental background data.
At the kick -off meeting, key deliverables for each Task and the Project Schedule will be reviewed and adjusted accordingly to meet City needs. The following meetings with City staff are included in the scope: one in-person kick-off/preliminary meeting (2 hours), one (2 hours) site walk and environmental scope refinement meeting, and up to 12 monthly progress meetings. The purpose of these meetings will be to identify and resolve design issues that may surface, present design alternatives and recommendations, and continue coordination with project stakeholders, as necessary. The environmental task lead will participate in virtual meetings as appropriate. This task also includes time for coordination with the design team.
Based on our understanding of the scope of work, a formal scoping meeting with Caltrans Environmental Branch is not a requirement of CEQA for an exempt project or an initial study. Only an EIR or EIS requires public scoping. However, there might be reasons from a design, ATP Program, or local perspective to hold an additional meeting with stakeholders and the grant funding agency such as Caltrans Local Assistance Engineering. We anticipate participation at up to 6 (1-hour) City-hosted virtual meetings with Caltrans Local Assistance.
NCE's preparation or participation with additional meetings beyond those listed are available on a time and materials basis.
Deliverables:
• One (1) Kick-Off meeting agendas and minutes.
• One (1) site walk and scoping meeting and minutes.
• Up to twelve (12) Monthly Progress meeting agendas and minutes. • Participation at up to six (6) city-lead virtual meetings with Caltrans Local Assistance or other key stakeholders. • Revised schedule of work after finalizing our scope with the City and period schedule updates as required.
Task 2 - Project Description
In order to better determine the required Environmental Document and key components of the preliminary engineering design, NCE will define a complete and detailed project description and delineate project study areas that will meet the needs of technical analyses. This will include the CEQA project objectives, and if needed for the grant, the purpose, need, and goals, and the project location and boundaries defined as the area of potential effect (APE) that will be used for site surveys and technical studies.
NCE will work with the City to develop a list of key stakeholders, including local communities, governmental agencies, and others.
The Final CEQA project description will be prepared after completion of the technical studies and final 30% preliminary engineering plans.
Deliverables:
• Draft and Final Project Description; Area of Potential Effects Figure. • Draft list of key stakeholders.
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Task 3 - Data Collection & Field Reviews
As part of this task, the NCE team will collect relevant roadway and site information to develop the preliminary engineering design and CEQA document, which is anticipated to be categorically exempt (CatEx).
3.a Basemap Preparation:
NCE will request relevant mapping information available from the City including existing street as -builts, parcel data, record right of way information, landscaping, and irrigation as -builts, utility information, and traffic signal information. This request will also include topographic basemap data including existing monumentation, right- of-way information, and existing surface easements or maintenance agreements with Caltrans, adjoining property owners, and businesses.
As part of this task, NCE's project Land Surveyor, WW Surveying, will set temporary control points and collect up to 4 linear miles of color, aerial ortho-imagery of the project corridors sufficient for use as a preliminary engineering basemap and assist with preparation of environmental document figures or public outreach exhibits. The mapping efforts will generally extend laterall y 25' behind the back of walk or edge of shared used path and longitudinally 100' beyond the start/end limits. The imagery will be tied horizontally to NAD 1983 or other City -approved horizontal datum so that it may be used in subsequent PS&E and ROW Phases and may help the City coordinate between the other separate engineering design improvements identified in the concept design plans.
As an optional task, WW Surveying may conduct additional topographic surveying, basemap planimetric preparation, preparation of a 3D model, conduct boundary surveys, or conduct title research for ambiguous ROW or anticipated ROW conflicts.
Deliverables:
• Aerial Orthoimagery and Base Map suitable for development of preliminary engineering design plans at a 1" = 40' scale, or similar on 22" x 34" sheets.
3.b Traffic Data Review:
NCE's project Traffic Engineer, Fehr and Peers, will use the City of Santa Maria guidelines and thresholds as stated in their General Plan and other approved documents to review for potential conflicts with a program, plan, ordinance, or policy. Where the City's concept plans conflict with other approved documents, Fehr and Peers will note the potential conflict for the City's clarific ation. If traffic engineering support is required for alternatives analysis, this will be provided under Task 4 Engineering Analysis.
Per City of Santa Maria General Plan, the LOS operating criteria for all arterials and collectors, including signalized intersections, is LOS D. There is only one project segment that is proposed to reduce the number of vehicle travel lanes (Fesler Street between N Depot Street and N McClelland Street). This segment will be reviewed for adherence to the City's LOS D criteria. All other segments are assumed to operate similar to existing conditions. Fehr & Peers proposes the following three intersections to be analyzed in Synchro per Highway Capacity Manual, 6
th Edition Guidelines: 1. W Fesler Street and N Curryer Street; 2. W Fesler Street and N Pine Street; 3. W Fesler Street and N Broadway.
As part of this task, Fehr & Peers will collect intersection turning movement counts at the three proposed study intersections for the AM and PM four-hour peak periods. The operations of the study intersections will be evaluated for the following scenarios:
Scenario 1: Existing Conditions - Existing roadway geometry and volumes obtained from counts.
Scenario 2: Build Alternative Conditions - Build Alternative geometry with Existing Conditions volumes.
Vehicle Miles Traveled Assessment:
The Ca/trans Transportation Ana/ysis under CEQA (TAC, September 2020) and Ca/trans Transportation Ana/ysis Framework (TAF, September 2020) were developed in response to Senate Bill (SB) 743 that changes the focus of transportation impact analysis in CEQA from level of service (LOS) to vehicle miles of travel (VMT). The Project is anticipated to be exempt from VMT evaluation since it is a multimodal Project that is not proposing to increase capacity. Fehr & Peers will document that the Project meets the criteria to be screened out of the VMT assessment.
3.c Environmental Database Searches:
Due to the limited nature of proposed pedestrian and bicycle improvements, NCE recommends only conducting baseline database searches for scenic, biological/aquatic, cultural/tribal, and hazards. This is a desktop exercise that can be accomp lished quickly based on the Project boundary provided by the City, in coordination with the design team. Based on Atty. Rev. 2021
Cultural Resources: NCE has learned from delivering other similar projects that a streamlined approach to Cultural Resource records searches saves both time and money. Therefore, NCE recommends no cultural review for sites with no potential for new disturbance outside the existing pavement. For sites with potential for new disturbance (grading or staging outside existing pavement, excavation into sub-grade), NCE would request a records search that applies only a small buffer (50 meters) to these areas and request database printout and GIS.
3.d Baseline Field Assessments:
Following the database searches and review of work activities in Step 1, if resources are flagged for a particular segment that involves work outside the existing pavement, NCE will perform baseline field assessments to confirm resources flagged, and to identify current conditions at and adjacent to the proposed work sites. This will be a rapid "windshield" type field assessment.
Photos will be captured, and sensitive resources documented, should they be present.
Cultural Resources: For areas with new disturbance, NCE will visit those locations only if they have never been surveyed or if a cultural resource is identified in the records search as present.
Biological Resources: For areas with new disturbance, NCE will visit those locations only if they have vegetation or the database research identifies potential culverts/wetlands that may be disturbed.
3.e Resource Check In:
NCE will facilitate a check -in call and summary of environmental investigations to date with City staff. If no resources are identified from the database searches or from the baseline field assessments, NCE will move to CEQA CatEx preparation (Task 7).
If resources are flagged by the database searches and/or field assessments, NCE will implement Technical Studies (Task 6) as warranted.
Task 4 - Engineering Analysis
As part of this task, the NCE team will carry out engineering analysis to develop a 30% or Concept plan for the development of the CEQA document. As part of this task, NCE team will also carry out the following:
4.a / 4.b Concept Plan:
NCE will prepare a basic preliminary design plan set at a 1" = 40' scale on 22" x 34" sheets, or as appropriate. Preliminary design plan set will include up to 1 Cover Page and 6 Plan Sheets with double stacked plan viewports (no profiles). The plans will indica te the approximate limits and quantities of anticipated major work items such as roadway maintenance or paving, sidewalk improvements, on-street bicycle facilities, revised striping and signage, ADA curb ramps, traffic beacons, and shared use path. The preliminary design plans will attempt to highlight important conflicts or constraints, but engineering solutions and details may not be fleshed out at this stage.
A preliminary cost estimate will be prepared for the major work items identified. The major work items will also influence and be used to guide subsequent Public Outreach, Right of Way Clearance, and CEQA clearance tasks.
At this stage of the project, the City is able to confirm or modify project design parameters, confirm grant funding requirements and identify possible funding shortfalls or schedule risks.
NCE assumes preparation up to one (1) draft 30% preliminary design plan set and engineer's estimate of probable construction cost for City review and one (1) final 30% preliminary design plans for use in subsequent tasks.
Non-standard Geometric Design:
Fehr & Peers will conduct a review of the proposed design to meet current standards and identify potential major conflicts due to geometric design. As part of this task, Fehr & Peers will perform:
• A sight distance evaluation focused on the locations where the sight distance may be altered as a part of the Project; • An analysis of truck turning movements for crossings with Class I and IV facilities; and • A connectivity review to ensure continuous bicycle facilities are provided.
Reduced Emergency Access:
Fehr & Peers will utilize the results from Task 3.b to identify if there are any changes in travel time that may significantly affect emergency access and possible design alternatives.
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Deliverables
• One (1) draft and one (1) final 30% preliminary design plan set and engineer's estimate of probable construction cost. • Technical Memorandum of major geometric or traffic impacts from draft 30% preliminary design.
Task 5 - Public Outreach
NCE will prepare relevant existing and proposed cross sections and basic exhibits or renderings for up to one (1) City-led public outreach meeting. If warranted, NCE may prepare a single roll -plot or other project -wide graphical aid to assist with the presentation. The meeting will be an opportunity for local stakeholders including residents, local businesses, and advocacy g roups to comment on the draft 30% preliminary design. NCE will be available to make a brief presentation and co -present with the City on major project design highlights. NCE will review public comments submitted to the City and assist with preparing responses to public comments and incorporate agreed upon responses into the final 30% preliminary design effort.
As an optional task, NCE can conduct participation at additional public outreach meetings, city council meetings, or other committee meetings and presentations.
Deliverables:
• Participation at one (1) City-led public outreach meeting.
Task 6 - Technical Studies
Given the proposed work involves primarily surface treatments within the road cross section and pedestrian signals, the potential for impact to resources is very low. However, if the APE and database searches or baseline field assessments identify environmental resources that may be potentially impacted by the Project, NCE will prepare the necessary technical studies to document that impacts will be minimized or eliminated. Only "an" aquatic resources delineation (ARD) has been identified as a potential at this time.
No other reports are anticipated unless environmental hazards are identified, as in the potential case of the shared use path being installed over a historical railroad corridor with excessive contamination. If additional regulatory permits are requir ed not identified in the RFP and agency consultation will be required, additional studies may be required to satisfy those permits, which are not currently included. Therefore, in our fee we have only provided an estimated fee for an aquatic resources delineation at this time.
As the final need and extent of technical studies cannot be known during the RFP, NCE proposes a contingency in the budget to cover Phase I, Limited Phase II, biological and/or cultural resources studies if later required. We also propose a contingency for regulatory permitting costs if the ARD identifies resources that will require permitting that cannot be avoided through desig n adjustments. NCE has assumed up to 400 hours of optional support , 200 hours each for technical studies support or permitting support. In conjunction with our larger scope and fee, NCE's optional support has been prepared to fit within the City's exis ting approved PA&ED grant -allocation amount. Prior to initiating any optional technical studies, NCE will provide a clearly revised scope and fee for the City's approval.
NCE will coordinate and liaison with regulatory agencies in response to questions or concerns brought to the City, or should the need arise to proactively reach out to an agency or agencies about the proposed Project. Communications with agencies will be documented in NCE Environmental Tracker should they occur as part of Project delivery.
Deliverables:
• Draft and Final Aquatic Resources Delineation, if warranted. • Regulatory Agency coordination to define permits and technical studies required, if warranted. • Environmental Tracker, if needed.
• Optional - Additional Technical Studies and Permitting Support.
Task 7 - CEQA Document and Administrative Record
7.a. Define Environmental Requirements:
Based on the limited project background information available as part of the RFP and given the proposed work involves primari ly surface treatments within the road cross section and pedestrian signals, it is unlikely most improvements will trigger an exception Atty. Rev. 2021
per CEQA Guidelines Section 15300.2. Therefore, for purposes of NCE's scope the Project is assumed to be exempt per CEQA Guidelines sections 15301, 15302, and 15304 and a draft and final Notice of Exemption (NOE) and Administrative Record will be prepared.
If any of the exceptions to exemptions applies (Public Resources Code Section 21084(c), (d), and (e) and State CEQA Guidelines Section 15300.2) as determined in the technical studies, then the project no longer qualifies for a categorical exemption. This is not currently anticipated and would require a revision to NCE's scope and fee.
7.b Prepare and Submit Draft Cat Ex Package
To assist the City in demonstrating the proposed action falls within an exempt category, NCE will develop a 'CatEx Package' w hich includes the CEQA Administrative Record containing a detailed Project Description of the project; the results of database and field survey collected in Tasks 3 and 5; a CatEx Determination specifying the exemptions(s) under which the project activities fall ; and a Notice of Exemption (NOE) form that summarizes the City's determination with factual evidence.
Although not required by CEQA Guidelines, NCE recommends the City file the NOE form with the County Clerk (or the Office of Planning and Research when filed by a state agency). The benefit of filing a NOE is that it reduces the statute of limitations for filing a legal challenge to the project from 180 days after project approval to 35 days after filing of the NOE. Thus, filing a NOE reduces the timeframe within which a project is susceptible to legal challenge.
Deliverables:
• CatEx Administrative Record with attached supporting documents. • Notice of Exemption (NOE).
7.c Caltrans Submittal Support (Optional)
Based on NCE's understanding of the City's anticipated improvements for the Active Santa Maria Safe Routes to School Project, existing conditions based on the RFP, and the City's procurement of State -only ATP grant funding, NCE does not anticipate significant paperwork on behalf of the City to file the CEQA NOE with Caltrans Local Assistance and CTC Liaison to complete the PA&ED process. Often times agencies can provide the necessary CEQA documentation directly to the Caltrans Local Assistance Engineer and CTC Liaison. If the City requires additional design support in completing Caltrans and CTC submittal forms, project summaries, or participating in meetings with the Caltrans Local Assistance Engineer and CTC Liaison, NCE can provide optional, as- needed support. For this task NCE has budgeted an optional 50 hours of coordination support , which included with NCE's other scope and optional tasks, should fit within the City’s approved PA&ED ATP grant -allocation.
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EXHIBIT “B”
I. Progress Authorization
Written authorization to proceed from the City authorizes the Consultant to generate the not-to-ex ceed cost of FOUR-HUNDRED EIGHTY -NINE THOUSAND, TWO -HUNDRED SEVENTY DOLLARS AND ZERO CENTS ($489,270) in fees for all work.
Task 1: PROJECT MANAGEMENT $ 60,000.00
Task 2: PROJECT DESCRIPTION $ 12,360.00
Task 3: DATA COLLECTION & FIELD ANALYSIS $ 98,560.00 Task 4: ENGINEERING ANALYSIS $ 152,560.00
Task 5: PUBLIC OUTREACH $ 31,340.00
Task 6: TECHNICAL STUDIES $ 104,060.00
Task 7: CEQA DOCUMENT AND ADMIN RECORD $ 30,390.00
Total Not-To-Exceed Cost: $489,270.00
II. Invoice procedure.
A. Payment shall be monthly of the Project based on the billable charges.
B. The Consultant shall present the bill for charges from the previous month.
C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subcontractors, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
IV. Consultant Fee Schedule (continued on next page)
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EXHIBIT “C”
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
5. Cyber Liability Insurance, Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or Atty. Rev. 2021
other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability- $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Provisions
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this Atty. Rev. 2021
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.