HomeMy WebLinkAboutReso 133-2020 (20-541)Consulting Services Agreement between [Rev:1.17.2020] October 14, 2020
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
BIGGS CARDOSA ASSOCIATES, INC.
THIS AGREEMENT for consulting services (“Agreement”) is made by and between the City of
South San Francisco (“City”) and Biggs Cardosa Associates, Inc. (“Consultant”) (together sometimes
referred to as the “Parties”) as of October 14th, 2020 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto
and incorporated herein, at the time and place and in the manner specified therein. The approved
Consultant’s Cost Proposal dated September 8th, 2020 is attached as Exhibit B and incorporated herein.
In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, or Exhibit
B, the Agreement shall prevail.
1.1 Performance Period. The term of this Agreement shall begin on the Effective Date and
shall end on February 25, 2023, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
Any recommendation for an agreement award is not binding on the City until the
Agreement is fully executed and approved by the City. The time provided to Consultant to
complete the services required by this Agreement shall not affect the City’s right to
terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. The method of payment for this Agreement will be based on actual
cost plus a fixed fee. The total amount payable by the City including the fixed fee shall not exceed
$200,000.00 (Two Hundred Thousand Dollars).
Exhibit A
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The payments specified herein shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by
more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Actual Costs. The 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 Consultant’s Cost
Proposal (Exhibit B), unless additional reimbursement is provided for by Agreement
amendment pursuant to Section 8.3. In no event, will Consultant be reimbursed for
overhead costs at a rate that exceeds the City’s approved overhead rate set forth in the
Cost Proposal (Exhibit B). Reimbursement for transportation and subsistence costs shall
not exceed the rates specified in the approved Cost Proposal (Exhibit B). In the event,
that the City determines that a change to the work from that specified in the Cost Proposal
(Exhibit B) and Agreement is required, the Agreement time or actual costs reimbursable
by the City shall be adjusted by Agreement amendment, pursuant to Section 8.3 to
accommodate the changed work. When milestone cost estimates are included in the
approved Cost Proposal (Exhibit B), Consultant shall obtain prior written approval for a
revised milestone cost estimate from the Contract Administrator before exceeding such
cost estimate.
2.2 Fixed Fee. In addition to the allowable incurred costs, the City hereby agrees to
pay Consultant a fixed fee not to exceed $200,000.00. The fixed fee is nonadjustable for
the term of the Agreement, except in the event of a significant change in the scope of work
and such adjustment is made by Agreement amendment pursuant to Section 8.3.
2.3 Invoices. Invoices shall be submitted, in duplicate, no later than thirty (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 Cost Proposal (Exhibit B) and shall reference this Agreement
number and project title. Invoices shall be mailed to the City’s Contract Administrator at
the following address:
Engineering
City of South San Francisco
315 Maple Ave
South San Francisco, CA 94080
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2.4 Payment. Consultant will be reimbursed promptly according to California Regulations
upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. City
shall make payments, based on invoices received, for services satisfactorily performed,
and for authorized reimbursable costs incurred. 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 Scope
of Work (Exhibit A), the City shall have the right to delay payment or terminate this
Agreement.
2.5 Final Payment. Final invoice must contain the final cost and all credits due to the City,
including any equipment purchased under Section 10.21. The final invoice should be
submitted within sixty (60) calendar days after completion of Consultant’s work.
2.6 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed amendment pursuant to Section 8.3.
2.7 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated
herein as Exhibit B. Salary increases will be reimbursable if the new salary is within the
salary range identified in the approved Cost Proposal and is approved by the City’s
Contract Administrator. 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.
2.8 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes.
To be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590
shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant
provides City with a valid Form 590 or other valid, written evidence of an exemption or
waiver from withholding, City may withhold California taxes from payments to Consultant
as required by law. Consultant shall obtain, and maintain on file for three (3) years after the
termination of this Agreement, Form 590s (or other written evidence of exemptions or
waivers) from all subcontractors. Consultant accepts sole responsibility for withholding
taxes from any non-California resident subcontractor and shall submit written
documentation of compliance with Consultant’s withholding duty to City upon request. .
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2.9 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.10 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator. No payment will be made prior to approval
of any work, nor for any work performed prior to approval of this Agreement.
2.11 Prevailing Wage. 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. The 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.
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. Prevailing wage requirements do not apply to inspection work performed at the
facilities of vendors and commercial materials suppliers that provide goods and services to
the general public.
Where applicable, the wages to be paid for a day's work to all classes of laborers,
workmen, or mechanics on the work contemplated by this Agreement, shall be not less
than the prevailing rate for a day’s work in the same trade or occupation in the locality
within the state where the work hereby contemplates to be performed as determined by
the Director of Industrial Relations pursuant to the Director’s authority under Labor Code
Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by
any subcontractor shall receive the wages herein provided for. The Consultant shall pay
two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775,
as may be amended, per day penalty for each worker paid less than prevailing rate of per
diem wages. The difference between the prevailing rate of per diem wages and the wage
paid to each worker shall be paid by the Consultant to each worker.
An error on the part of an awarding body does not relieve the Consultant from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant
to Labor Code Sections 1770-1775. The City will not recognize any claim for additional
compensation because of the payment by the Consultant for any wage rate in excess of
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prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Consultant.
2.11.1 Posting of Schedule of Prevailing Wage Rates and Deductions. If the
schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section
1773.2, the Consultant shall post at appropriate conspicuous points at the site of the
project a schedule showing all determined prevailing wage rates for the various classes of
laborers and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the
laborers and mechanics so engaged.
2.11.2 Payroll Records. Each Consultant and subcontractor shall keep an accurate
payroll 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 the Consultant or Subconsultant in connection with the public work. Such
records shall be certified and submitted weekly as required by Labor Code Section 1776.
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.
The payroll records shall be certified as correct by the Consultant under penalty of perjury.
The payroll records and all supporting documents shall be made available for inspection
and copying by City representative’s at all reasonable hours at the principal office of the
Consultant. The Consultant shall provide copies of certified payrolls or permit inspection of
its records as follows:
1. 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.
2. 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 the Consultant.
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3. The public shall not be given access to certified payroll records by the
Consultant. The Consultant is required to forward any requests for
certified payrolls to the City Contract Administrator by both email and
regular mail on the business day following receipt of the request.
. 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.
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 the Consultant or Subconsultant performing the work shall not be
marked or obliterated.
The Consultant shall inform City of the location of the records enumerated 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.
The 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 shall be withheld by City 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.
When prevailing wage rates apply, the Consultant is responsible for verifying compliance
with certified payroll requirements. Invoice payment will not be made until the invoice is
approved by the City Contract Administrator.
2.11.3 Penalty. The Consultant and any of its Subconsultants shall comply with Labor
Code Sections 1774 and 1775. Pursuant to Labor Code Section 1775, the Consultant and
any Subconsultant shall forfeit to the 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.
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 the Consultant or Subconsultant in meeting their respective prevailing wage obligations,
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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 the Consultant or Subconsultant had knowledge of the
obligations under the Labor Code. The Consultant is responsible for paying the appropriate
rate, including any escalations that take place during the term of the Agreement.
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 the Consultant or Subconsultant.
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 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. The 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, the 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, the 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 §1813.
Pursuant to Labor Code Section 1775, City shall notify the 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.
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
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pay those employees the balance of wages owed under the general prevailing rate of per
diem wages, the 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.
2.11.4 Hours of Labor. Eight (8) hours labor constitutes a legal day's work. The
Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker
employed in the execution of the Agreement by the 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.
2.11.5 Employment of Apprentices. Where either the prime Agreement or the
subagreement exceeds thirty thousand dollars ($30,000), the 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.
Consultants 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. The Consultant is responsible for all subconsultants’ compliance with
these requirements. Penalties are specified in Labor Code Section 1777.7.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that
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Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator (as defined in
Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against the City and its officers,
officials, employees, and volunteers for loss arising from work performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting there from, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability. Automobile coverage shall be at least as
broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9. No endorsement shall be attached limiting the coverage.
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4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals’ errors and omissions. Any deductible or self-insured retention shall
not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant’s sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
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4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, it shall not waive the Consultant’s obligation to provide them. The
City reserves the right to require complete copies of all required insurance policies
at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or reduced in
coverage or in limits, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
Further, if the Consultant’s insurance policy includes a self-insured retention that
must be paid by a named insured as a precondition of the insurer’s liability, or
which has the effect of providing that payments of the self-insured retention by
others, including additional insureds or insurers do not serve to satisfy the self-
insured retention, such provisions must be modified by special endorsement so as
to not apply to the additional insured coverage required by this agreement so as to
not prevent any of the parties to this agreement from satisfying or paying the self-
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insured retention required to be paid as a precondition to the insurer’s liability.
Additionally, the certificates of insurance must note whether the policy does or
does not include any self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a
“wasting” policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City’s interests
are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND Consultant’s RESPONSIBILITIES. To the fullest extent
permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless
the City and its officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
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injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or
ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions
of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply
when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the
actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury,
loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify
and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
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. By execution of this Agreement, Consultant acknowledges
and agrees to the provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, 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, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF Consultant.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent or to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
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7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City, of what-so-ever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon not
less than thirty (30) calendar days written notification to Consultant (delivered by certified
mail, return receipt requested). 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,
and in accordance with Section 9.1.
Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and
shall include in such notice the reasons for cancellation.
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In the event of termination, Consultant shall be entitled to compensation for services
performed to the date of notice of termination as provided for in this Agreement; City,
however, may condition payment of such compensation upon Consultant delivering to City
all materials described in Section 9.1.
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 provided for in this section.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.4.1 Subcontracting
a. Nothing contained in this Agreement or otherwise, shall create any
contractual relationship 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
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an independent obligation from City’s obligation to make payments to the
Consultant.
b. Consultant shall perform the work contemplated with resources available
within its organization and no portion of the work pertinent to this contract shall
be subcontracted without written authorization by City’s Contract Administrator,
except that, which is expressly identified in the approved Scope of Work.
c. Consultant shall pay its subconsultants within fifteen (15) calendar days
from receipt of each payment made to Consultant by City.
d. Any subcontract entered into as a result of this contract shall contain all
the provisions in this contract to be applicable to subconsultants unless
otherwise noted.
e. Any substitution of subconsultant(s) must be approved in writing by City’s
Contract Administrator in advance of assigning work to the substitute
subconsultant(s).
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. 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 such time as the exact amount of damages, if any, due City from
Consultant is determined. If Consultant materially breaches any of the terms of this
Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
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9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties unless required by law.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
9.3.1 Retention of Records/Audit For the purpose of determining compliance with
Public Contract Code 10115, et seq. and Title 21, California Code of Regulations,
Chapter 21, Section 2500 et seq., when applicable and other matters connected
with the performance of the contract pursuant to Government Code 8546.7;
Consultant, subconsultants, and City shall maintain and make available for
inspection 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 the Consultant’s Independent
CPA, shall make such materials available at their respective offices at all
reasonable times during the term of the Agreement and for three years from the
date of final payment under the Agreement. The state, State Auditor, Caltrans
Auditor, City, 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 the Consultant’s
Independent certified public accountants (CPA) work papers that are pertinent to
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the Agreement and indirect cost rates (ICR) for audit, examinations, workpaper
review, excerpts, and transactions, and copies thereof shall be furnished if
requested without limitation. Subcontracts in excess of $25,000 shall contain the
provision.
9.3.2 Audit Review Procedures.
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 Finance Director.
b. Not later than 30 days after issuance of the final audit report, Consultant may
request a review by City’s Finance Director of unresolved audit issues. The
request for review will be submitted in writing.
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
contract.
d. Consultant and subconsultant Agreements, including cost proposals and Indirect
Cost Rates (ICR), may be subject to audits or reviews such as, but not limited
to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit
work paper review. If selected for audit or review, the Agreement , 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, City, or local government officials are allowed full access to
the CPA’s work papers including making copies as necessary. The Agreement ,
cost proposal, and ICR shall be adjusted by Consultant and approved by City
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, City or local governments 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 Caltrans Audits and Investigation (A&I). Caltrans A&I, at
its sole discretion, may review and/or audit and approve the CPA ICR
documentation. The compensation schedule shall be adjusted by the
Consultant and approved by the City 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
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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 Caltrans A&I’s review of the ICR audit work papers created by the
Consultant’s independent CPA, Caltrans A&I 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
Caltrans A&I 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 A&I.
Accepted rates will be as follows:
i. If the proposed rate is less than one hundred fifty percent (150%) - the
accepted rate reimbursed will be ninety percent (90%) of the proposed
rate.
ii. If the proposed rate is between one hundred fifty percent (150%) and two
hundred percent (200%) - the accepted rate will be eighty-five percent
(85%) of the proposed rate.
iii. If the proposed rate is greater than two hundred percent (200%) - the
accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If Caltrans A&I is unable to issue a cognizant letter per paragraph E.1.
above, Caltrans A&I 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. Caltrans A&I 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 paragraph E, or
if Caltrans A&I 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.
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4. Consultant may submit to City final invoice only when all of the following
items have occurred: (1) Caltrans A&I 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) Caltrans A&I has issued its final
ICR review letter. The Consultant must submit its final invoice to City no later
than sixty (60) calendar days after occurrence of the last of these items. The
accepted ICR will apply to this Agreement and all other agreements executed
between City and the Consultant, either as a prime or subconsultant, with the
same fiscal period ICR.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
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state courts of California in the County San Mateo or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. During the term of this Agreement, the 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. The 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. 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. The 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. The Consultant hereby certifies that the Consultant or subconsultant and any
firm affiliated with the 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.
Consultant may serve other clients, but none whose activities within the corporate limits of
City or whose business, regardless of location, would place Consultant in a “conflict of
interest,” as that term is defined in the Political Reform Act, codified at California
Government Code Section 81000 et seq.
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Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Eunejune Kim, City
Engineer/Public Works Director ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows:
Consultant:
Biggs Cardosa Associates, Inc.
865 The Alameda
San Jose, CA 95126
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
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10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated
herein, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral
pertaining to the matters herein.
10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or
other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with
other signed counterpart, shall constitute one Agreement, which shall be binding upon and
effective as to all Parties..
10.14 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the
Parties hereto with no intent to benefit any non-signatory third parties.
10.16 Cost Principles and Administrative Requirements.
a. Consultant agreed that the Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to
determine the cost allowability of individual items not otherwise identified in the Scope of
Work.
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.
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c. Any costs for which payment has been made to Consultant that are determined by
subsequent audit to be unallowable under 49 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.
10.17 Rebates, Kickbacks or Other Unlawful Consideration. 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 total
compensation stated in this Agreement; or otherwise recover the full amount of such
rebate, kickback or other unlawful consideration.
10.18 Non-Discrimination Clause and Statement of Compliance.
a. Consultant’s signature affixed herein, 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
Government Code Section 12990 and Title 2, California Administrative Code, Section
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 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. Consultants and subconsultants shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code §12990 et seq.) and the applicable
regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov.
Code §§11135-11139.5, and the regulations or standards adopted by the City to
implement such article. The applicable regulations of the Fair Employment and
Housing Commission implementing Government 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.
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d. Consultant shall permit access by representatives of the Department of Fair
Employment and Housing and the 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 the 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. The Consultant shall comply with regulations relative to Title VI (nondiscrimination
in federally-assisted programs of the Department of Transportation – Title 49 Code of
Federal Regulations, Part 21 – Effectuation of Title VI of the 1964 Civil Rights Act).
Title VI provides that the recipients of federal assistance will implement and maintain a
policy of nondiscrimination in which no person in the State of California 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 of their assignees and successors in
interest.
h. The Consultant, with regard to the work, performed by it during the Agreement
shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate
on the basis of race, color, national origin, religion, sex, age, or disability in selection
and retention of Subconsultants, including procurement of materials and leases of
equipment. The Consultant shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including
employment practices when the Agreement covers a program whose goal is
employment.
10.19 Debarment and Suspension Certification.
a. Consultant’s signature affixed herein, 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
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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 Consultant responsibility. Disclosures must indicate to whom exceptions
apply, initiating agency, and dates of action.
c. Exceptions to the Federal Government Excluded Parties List System maintained
by the General Services Administration are to be determined by the Federal Highway
Administration.
10.20 Disadvantaged Business Enterprises (DBE) Participation.
a. This Agreement is subject to 49 CFR, Part 26 entitled “Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs”. Consultants who obtain DBE participation on this Agreement
will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
b. The goal for DBE participation for this Agreement is 16%. Participation by DBE
consultant or subconsultants shall be in accordance with information contained in the
Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the Consultant Contract
DBE Information (Exhibit 10-O2) attached hereto and incorporated as part of the
Contract. 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. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged
to participate in the performance of Agreements financed in whole or in part with
deferral funds. Consultant or subconsultant shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this Agreement. Consultant shall
carry out applicable requirements of 49 CFR, Part 26 in the award and administration of
US DOT-assisted agreements. 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 City deems appropriate.
d. Any subcontract entered into as a result of this Agreement shall contain all of the
provisions of this section.
e. A DBE firm may be terminated only with prior written approval from LOCAL
AGNECY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting
City consent for the termination, Consultant must meet the procedural requirements
specified in 49 CFR 26.53(f).
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f. A DBE performs a Commercially Useful Function (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 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.
g. 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.
h. 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 will be presumed that it is not
performing a CUF.
i. 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 prime consultants shall also show the date of
work performed by their own forces along with the corresponding dollar value of the
work.
j. Upon completion of the Agreement, a summary of these records shall be prepared
and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business
Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhibit 17-F of the LAPM],
certified correct by Consultant or Consultant’s authorized representative and shall be
furnished to the Contract Administrator with the final invoice. Failure to provide the
summary of DBE payments with the final invoice will result in twenty-five percent (25%)
of the dollar value of the invoice being withheld from payment until the form is
submitted. The amount will be returned to Consultant when a satisfactory ‘Final Report-
Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is
submitted to the Contract Administrator.
k. If a DBE subconsultant is decertified during the life 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 life of the
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Contract, the subconsultant shall notify Consultant in writing with the date of
certification. Any changes should be reported to City’s Contract Administrator within 30
days.
10.21 Equipment Purchase and Other Capital Expenditures.
a. Prior authorization in writing by City’s Contract Administrator shall be required
before Consultant enters into any unbudgeted purchase order, or subcontract
exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant
services. Consultant shall provide an evaluation of the necessity or desirability of
incurring such costs.
b. For purchase of any item, service, or consulting work not covered in Consultant’s
approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior
authorization by City’s Contract Administrator, three competitive quotations must be
submitted with the request, or the absence of bidding 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 five thousand dollars ($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 five thousand
dollars ($5,000) is credited to the project.
10.22 Prohibitions of Expending Local Agency, State, or Federal Funds for Lobbying.
10.22.1 The Consultant certifies, to the best of his or her knowledge and belief, that:
a. No State, Federal, or City appropriated funds have been paid or will be paid,
by or on behalf of the 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
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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.
b. 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, the Consultant shall complete and submit Standard Form-LLL,
“Disclosure Form to Report Lobbying,” in accordance with its instructions.
10.22.2 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. §1352. Any
person who fails to file the required certification shall be subject to a civil penalty of not
less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars
($100,000) for each such failure.
10.22.3 The Consultant also agrees by signing this document that he or she shall require
that the language of this certification be included in all lower tier subagreements, which
exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall
certify and disclose accordingly.
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO Consultants
____________________________ _____________________________________
Mike Futrell, City Manager Mahvash Harms
Vice President/Principal
Biggs Cardosa Associates, Inc.
Attest:
_____________________________
Rosa Acosta, City Clerk
Approved as to Form:
____________________________
City Attorney
EXHIBIT A
SCOPE OF WORK
Page 1 of 12
Exhibit A – Scope of Work
Project Understanding
The City of South San Francisco is seeking consultants to provide design services for the City’s Bridge Preventive
Maintenance Program. The project will be primarily funded by the City, with additional funding from the Federal Highway
Bridge Program (HBP) under the Bridge Preventive Maintenance Program (BPMP). The project will consist of bridge
preventive maintenance work at the following locations based on our review of the RFP, the review of the Caltrans
Structure Inspection Reports and As-Built Plans for each structure, and after personally visiting all nine bridges by the
Consultant. Additional items identified with our review of the inspection reports and during the site visit not currently
listed in the RFP are indicated by italicized and underlined text in parenthesis (additional item).
Caltrans
Bridge No.
Facility
Carried
Feature
Intersected
Location Description of Structure Repair Work
35C-0021 Produce
Avenue
Colma Creek Next to US-101S at
Produce Ave off-Ramp
Repair of Concrete barriers and steel railings,
replacing joint seals, and miscellaneous
concrete spall repair
35C-0031 Linden
Avenue
Colma Canal ¼ mile West of US-101 at
Linden Avenue
Treat bridge deck with methacrylate, concrete
spall repairs, replace joint seals, repair
concrete barriers and steel railings, repair
uneven sidewalk and repair large hole in
concrete sidewalk
35C-0047 North
Access
Road
San Bruno
Canal
½ mile East of US-101/I-
380 Intersection
Provide Cathodic Protection to the pile
extensions, (remove unsound concrete and
repair spalled surfaces in pile extensions), Inject
cracks in pile extensions and bridge soffit
35C-0078 Spruce
Avenue
Colma Creek ¾ mile east of El Camino
Real/ Spruce Ave
Intersection
Treat bridge deck with methacrylate (Polyester
Concrete Overlay instead of only methacrylate),
and concrete spall repairs on the barriers
35C-0079 Chestnut
Avenue
Colma Canal 0.1 mile east of El Camino
Real/Chestnut Ave
Intersection
Clean exposed steel reinforcement and repair
concrete spalls at bridge rails
35C-0101 Utah
Avenue
Colma Creek ¼ mile East of US-101 at
Utah Avenue
Clean joint seals and deck drains, epoxy inject
concrete cracks, repair minor concrete spalls
on the barriers, epoxy inject cracks at pier
walls, and fill void space under the sidewalk
35C-0046 North
Access
Road
San Bruno
Canal
¼ mile East of US-101/I-
380 Intersection
Remove, clean and repair headers, and replace
joint seals, (and epoxy inject concrete cracks in
bridge soffit)
35C-0032 Dunman
Way
Hickey
Boulevard
¼ mile East of I-280/
Hickey Blvd Intersection
Replace cracked portion of sidewalk, and
repair minor concrete spalls, (epoxy inject
concrete cracks in abutment, and Repair
asphalt concrete pavement at West abutment)
35C-0173 Oyster
Point Blvd.
Caltrain and
JPB
At The Cove at Oyster Point Repair grade difference on sidewalk and minor
concrete spall repairs
Produce Avenue at Colma Creek (35C-0021)
Produce Avenue Bridge is a 4-span reinforced concrete slab bridge spanning over Colma Creek, adjacent to the US-
101S at Produce Avenue off-ramp. The repair work at Produce Avenue Bridge primarily consists of repairing concrete
spalls at the bridge barriers and repair top steel railings on the barriers. In addition, joint seals at piers 2 and 3 have
deteriorated and needs replacing. All repair work is anticipated to be above deck, which will impact the traffic.
According to biennial Caltrans bridge inspection report, there are several cracks noted on the soffit and at pier 2.
However, the cracks are not considered critical; therefore, they are not included in the scope of work.
Page 2 of 12
Exhibit A – Scope of Work
Due to the high volume of Average Daily Traffic (ADT), full closure of the bridge may not be allowed and temporary
traffic control measures will be implemented to allow the public to safely travel across the bridge. The scope of work
includes replacing the existing joint seals. There is a concrete curb median on the bridge which crosses over the joint
seal. In order to replace the joint seals. The concrete median will be removed and reconstructed after replacing the
joint seals.
Linden Avenue at Colma Creek (35C-0031)
Linden Avenue Bridge at Colma Creek is a single span bridge spanning across concreted channel. Caltrans bridge
inspection report notes longitudinal and transverse soffit cracks with efflorescence. However, these cracks are
considered minor and do not require repairs. The bridge inspection report also notes pattern cracks at the deck. The
repair work at the Linden Avenue Bridge consists of treating deck with Methacrylate, concrete spall repairs on the
bridge barriers, and replacing the existing joint seals. Additional repair work include repairing an uneven sidewalk and
large hole in concrete sidewalk at south abutment. The hole in the sidewalk will be filled slurry concrete. No work is
anticipated to be in the Colma Creek.
Prior to reparing the various concrete spalls, all un-sound concrete will be removed and exposed rebars will be
cleaned to ensure there is not rust on the rebar. After cleaning the rebar, spalled areas will be repaired with
cementitious filler material or concrete mortar to provide sufficent cover over the rebar. Linden Avenue Bridge is
surrounded by industrial and commercial properties. Complete closure of the bridge may adversly impact the local
businesses. Therefore, temporary traffic control measures will be implemented to ensure that no more than one traffic
lane is closed at a time to allow safe crossing to the traveling public.
North Access Road at San Bruno Canal (35C-0047)
North Access Road Bridge at San Bruno Canal is located adjacent to the long-term parking structure of San Francisco
International Airport. The existing bridge is a three span bridge, supported by CIDH pile extensions at bents 2 and 3,
and by diaphragm abutments at each end. All the work at this location will performed below the deck. The primary
scope of work at this location consists of providing cathodic protection to the CIDH pile extensions. Cathodic
protection is a technique used to control the corrosion of a metal surface by making it the cathode of an
electrochemical cell. Prior to providing the protection, unsound concrete from the piles will be removed and piles will
Page 3 of 12
Exhibit A – Scope of Work
be treated with cementitious filler material or concrete mortar. The longitudinal cracks on the face of the piles and
soffit will be injected with epoxy to ensure that the structural integrity of pile extensions is maintained.
Temporary stream diversion will be required in the creek to allow the implementation of the cathodic protection to
the piles. The temporary stream diversion is anticipated to consist of constructing cofferdam approximately 25’
beyond of the edge of deck on each side. The cofferdams will be connected with a corrugated metal pipe (CMP) to
allow continuation of water during the tide changes. A minor clearing and grubbing also will be required next to the
bridge to construct cofferdams and to install temporary stream diversion. Section 401, Section 404, Aquatic Resources
Delineation, and Section 1602 permits will be acquired prior to performing work in the creek. Depending on the right-
of-way limits, Temporary Construction Easements (TCEs) may be required to install the temporary stream diversion.
Spruce Avenue at Colma Creek (35C-0078)
Spruce Avenue Bridge at Colma Creek is a two-span continuous reinforced concrete slab bridge, spanning across
concrete Colma Creek. There are pattern deck cracks up to 0.06 inches wide spaced 6 inches apart throughout the
slab. To rehabilitate the cracks, instead of methacrylate overlay only, the Caltrans bridge inspection report
recommends applying 1” of polyester concrete overlay which will not only seal the cracks, but it will also strengthen
the deck. Additionally, there are several concrete spalls on the bridge barriers. The barrier reinforcement is exposed at
several locations along the length of the bridge barriers, especially at the ends. To repair the spalls, unsound concrete
will be removed and the exposed rebars will be cleaned prior to applying concrete patches. The substructure is noted
to be in a good condition, therefore no repairs are anticipated below the deck.
All anticipated repair work is above the bridge deck and not within the creek banks, within the City’s right-of-way;
therefore, Right-of-Way acquisition, Temporary Construction Easement (TCE) or regulatory agency permitting is not
required for the prescribed repair work.
Chestnut Avenue at Colma Creek (35C-0079)
Chestnut Avenue Bridge at Colma Creek is a reinforced concrete triple box culvert spanning across concrete lined
Colma Creek. Repairs of Chestnut Avenue Bridge consists of clearing exposed rebars and applying concrete paste over
them to repair spalled areas on the bridge barriers. The Bridge Inspection report also notes several hairline transverse
soffit cracks spanning the width of culvert. However, because these hairline transverse cracks are typically indicative of
temperature and shrinkage cracks and not load overstress related, the repair of these hairline transverse cracks were
not included in the scope of work.
Page 4 of 12
Exhibit A – Scope of Work
All anticipated repair work is on the bridge barriers within the City’s right-of-way above the bridge deck and not
within the creek banks; therefore, Temporary Construction Easement (TCEs) will not be required and regulatory agency
permitting is also not required for the prescribed repair work on the barriers.
Utah Avenue at Colma Creek (35C-0101)
Utah Avenue Bridge at Colma Creek is a three-span reinforced concrete bridge spanning across Colma Creek. The
bridge is supported by pier walls at bent 2 and 3, and diaphragm abutments at each end. The bridge inspection
reports notes cracking in the bridge deck near the pier walls. There is also cracking noted in the pier walls. The cracks
on the deck and in the pier walls will repaired with epoxy injection. Additionally, the existing joint seals at each ends
and existing deck drains will be cleaned under this scope of work. Epoxy injection in the pier walls will require
temporary stream diversion in the creek. The temporary stream diversion will consist of constructing cofferdam
approximately 25’ from the edge of deck on each side. The cofferdams will be connected with a corrugated metal pipe
(CMP), beyond the deck to allow continuation of water during the tide changes. A minor clearing and grubbing will
also be required next to the bridge to construct cofferdams and to install temporary stream diversion. Section 401,
Section 404, Aquatic Resources Delineation, and Section 1602 permits will be acquired prior to performing work in the
creek.
Soil below the sidewalk at the NE corner of the bridge has eroded and the existing utilities are exposed. The scope of
repair at this location includes backfilling the cavity to ensure the sidewalk is sufficiently supported and to ensure that
the utilities are not exposed. To ensure that soil backfill will not erode in future, we anticipate constructing a small
retaining wall to retain the soil backfill. Constructing the retaining wall directly below the sidewalk will restrict the
access to the utilities in future, which is not acceptable. Therefore, the retaining will be constructed offset from the
edge of sidewalk to allow future access the utilities from the side of the bridge. The space between the retaining wall
and the edge of sidewalk will be filled with import backfill soil. Another concept to filling the hole and covering the
existing utilities is to install a permanent vault around the existing facility to isolate the line during major bridge works,
ensuring adequate protection in close proximity of construction. The Consultant will coordinate with the utility owners
to notify them of the proposed construction and how it may impact their utilities. After collecting all necessary
information and coordinating with the utility companies, we will decide on the most cost-effective solution.
North Access Road at San Bruno Canal Creek (35C-0046)
North Access Road Bridge at San Bruno Canal Creek is located ¼ mile east of US-101/I-380 Intersection, and ¼ mile
west of North Access Road Bridge (Bridge No. 35C0-047). The existing bridge deck was treated with Methacrylate in
2013, and since then no new cracks have been noted. The scope of work consists of removing, cleaning/repairing
headers and replacing the existing joint seals. After removing existing headers, the concrete around and below the
existing header will be cleaned thoroughly and unsound concrete will be removed. A drill-and-bond epoxy dowels will
Page 5 of 12
Exhibit A – Scope of Work
be installed in the cleaned concrete to ensure sufficient bonding between existing concrete and new headers. During
our visit to the location, we also noted longitudinal soffit cracks running from the face of abutments to the face of the
CIDH pile extensions. The Consultant recommend also repairing the soffit cracks with epoxy injection, similar to the
nearby North Access Road Bridge (Bridge No. 35C-0047). The soffit cracks at both of these bridges are similar in the
length and size and could lead to future deck rebar corrosion and concrete spalling.
RFP recommends performing all works from above deck, with in the City’s right-of-way. However, soffit crack repair
will require working from the creek. Epoxy injection in the soffit cracks will require temporary stream diversion in the
creek. The temporary stream diversion will consist of providing cofferdams, connected with a corrugated metal pipe
(CMP), beyond the deck. The CMP between the cofferdams will allow continuation of water during the tide changes.
Minor clearing and grubbing will also be required next to the bridge to construct cofferdams and to install temporary
stream diversion. Section 401, Section 404, Aquatic Resources Delineation, and Section 1602 permits will be acquired
prior to performing work in the creek.
Dunman Way at Hickey Boulevard (35C-0032)
Dunman Way Bridge is a single-span bridge over Hickey Boulevard near the Westborough Neighborhood in the City.
The bridge consists of Pre-cast I girders supported by high cantilever Abutments. The bridge is surrounded by the
residential properties, connecting the local neighborhood. Bridge Inspection Report did not note any major
deterioration in the bridge. However, there are minor concrete cracks and spalls on the pedestrian sidewalks on the
bridge which require repair. The Consultant also noted that asphaltic material over the west abutment is breaking up
near the bridge joints. Additionally, there are vertical cracks noted at the face of abutments. The Consultant
recommend repairing the cracks in abutments with epoxy injection.
Since the bridge is surrounded by the residential properties, no more than a one traffic lane will be closed to ensure
that local residents have access to their residential properties. Temporary traffic control measures will be provided
during construction phases to minimum the traffic disturbance.
Oyster Point Boulevard over UPRR (35C-0173)
Oyster Point Boulevard Bridge is located over Caltrain/Union Pacific Rail Road (UPRR) near the Cove at Oyster Point.
The Bridge Inspection Report noted that bridge structural elements, including deck, soffit, columns at bents, and
abutments are in good condition and do not require any repair. The Consultant also confirmed the inspections noted
in the Bridge Inspection Report during our visit to the bridge location. The primary repair at Oyster Point Boulevard
Bridge consists of adjusting an elevation grade difference at the sidewalk near the South Abutment. Uneven sidewalk
Page 6 of 12
Exhibit A – Scope of Work
is a tripping hazard for pedestrians. The Consultant anticipate adjusting the elevation difference of the sidewalk by
pouring a sliver grout/concrete ramp to provide a smooth transition to remove the tripping hazard. Additionally, we
also noted few minor cracks and spall on the concrete barriers which require repairing. Since all the anticipated work is
on the deck, right-of-way agreement or temporary construction easement from UPRR will not be required.
PROJECT CONSIDERATIONS AND APPROACH
The Consultant have reviewed the scope items listed in Attachment A, Project Description and Background, and Scope of
Work in RFP, and our proposed scope of work outlined below conforms to the City’s scope in the RFP.
Because the City has already performed the Field Review with Caltrans and obtained an approved Preliminary
Environmental Study (PES), the proposed scope of work is based upon the approved PES and the scope of work specified
in the RFP.
As two of the nine bridge sites; North Access Road at San Bruno Canal (35C-0047) and Utah Avenue at Colma Creek (35C-
0101), identifies in-creek work, we assumed that the NES/MI requirements outlined in the PES will be governed by these
two bridge sites and that jurisdictional delineation and biological survey will only be required for these two bridge sites. If
additional in-creek work at other bridge sites is identified, additional jurisdictional delineation and biological survey can be
included into the scope of work as additional services. Furthermore, based on our past experience with in-creek BPMP
work, it is reasonable to assume that the in-creek work will not necessarily require that a Biological Assessment be
performed, and to optimize the programmed budget, we have assumed that impact to any identified protected species or
habitat can be avoided and Biological Assessment reports will not be required. If the biological survey identifies
unavoidable impact to protected species or habitat that requires the inclusion of Biological Assessment reports, our
environmental consultant (GPA) will be able to perform the Biological Assessment as additional services.
Because BPMP improvements are performed on existing structures that does not require layout, right-of-way mapping has
been limited to the available record right-of-way documents and no title report or field surveys for right-of-way take were
included in the scope of services. However, depending on the City’s right-of-way limits over the two bridge sites where in-
creek work is required, Temporary Construction Easements (TCEs) maybe required to implement temporary stream
diversion that will be needed to perform the in-creek work. TCEs if required is assumed to and can typically be drafted
using available record right-of-way documents.
Also, because BPMP improvements are typically performed on the bridge deck with limited or no earthwork, the Water
Quality Assessment Reports (WQARs) identified in the PES is assumed to be required only for the bridge sites with in-creek
work, and we have scope two (2) WQARs for only the bridge sites with in-creek work; North Access Road at San Bruno
Canal (35C-0047) and Utah Avenue at Colma Creek (35C-0101). If other in-creek work is identified, additional WQARs can
be included as additional services.
Additional rehabilitation identified during our initial scoping and that may be identified later during the design phase site
investigation that the City would like to include with this project may require additional design services that can be added
into the scope of work as additional services at the option of the City.
SCOPE OF SERVICES
TASK 1 – Project Management
Page 7 of 12
Exhibit A – Scope of Work
Project Administration / Project Schedule / Quality Assurance: Our Project Management approach includes an
integrated Quality Control / Quality Assurance Plan, measures and practices for Schedule and Budget Adherence, and an
ongoing Value Engineering attitude to optimize the balance between cost and function for the project (i.e. “value”). This
effort includes:
Quality Assurance and Quality Control Adherence to Schedule
Adherence to Budget Value Engineering
Project Review Meetings HBP Local Program Compliance Support
The Consultant will attend a project kick-off meeting with City staff to discuss the project tasks, goals, and to ensure that
our project management meets the expectation of the City. Consultant’s Project Manager will have a one-on-one phone
call with the City’s Project Manager on a bi-weekly basis as needed to discuss the progress of the project without a full
team present. Meeting summary minutes will be prepared and distributed within one week of the meetings. Additionally, a
detailed design schedule will be updated on a quarterly basis based on the progress of the design, and will be submitted
as an electronic file prior to each meeting.
The Consultant will develop and submit a Project Schedule outlining the project tasks and subtask, including the Critical
Path items, to ensure that the project adheres to the City’s anticipated schedule and completes on the target date. The
schedule will include and clearly identify tasks and subtasks which requires our internal Quality Assurance review, as well
as tasks which requires City’s review and approvals, and/or Caltrans and other agencies reviews and approval. As the
design schedule dictates, we will assign multiple Project Engineers to coordinate the design of multiple structures. Weekly
internal staff meetings will be held to gage the status of the project and to ensure that the project is completed on or
prior to completion date.
The Consultant acknowledge that adherence to the budget is critical for the City. Our unique and out-of-box engineering
solutions will be tailored to cost savings during Design Phase as well as during the Construction Phase of the project. The
Consultant will provide guidance and support during construction phase to ensure the project construction is completed
in a short duration of time. The Consultant recommend that the City allow contractor to allow work at multiple sites
simultaneously, which will allow early project completion and potential cost savings.
The Consultant will also prepare and submit monthly progress reports with our invoices to update the City on the progress
of the project. The progress reports will identify the schedule updates, interim findings, percent of services complete,
discussion of schedule changes, work products, and identification of issues requiring resolutions. Our invoices will identify
and segregate costs for Preliminary Engineering, Environmental Services, Design Services, and other eligible expenses that
are eligible for the Highway Bridge Program (HBP) funding reimbursement.
It is assumed that City staff will be present at community meetings and public hearings to present the project and respond
to questions, and we will not be required to attend these meetings. The Consultant can attend these meetings and
hearings as needed as Additional Services.
The Consultant will provide local programs assistance to the City to prepare all of the required local program forms as
“signature-ready” to be signed before forwarding to Caltrans.
Deliverables: Monthly Invoicing / Progress Report / Project Schedule / PDT Meeting Agenda and Minutes (PDF electronic
copy)
TASK 2 – Pre-Design
Data Gathering and Structure Field Investigations (6 Weeks): This task will consist of compiling and reviewing existing
data pertinent to the Project, planning design activities, identifying bridge repair items to be field verified, establishing
coordination with any 3rd party stakeholders, and performing field investigations at each structure to confirm the bridge
repair items shown in the inspection reports provided in the RFP. Understanding the problem, Data gathering, and field
investigations are key to a cost effective and sound engineering design solutions. The Consultant believe that spending
additional efforts during data gathering and field investigations will allow us to understand the project needs and project
constraints further in depth. It will also assist in reduce effort during the Final Design Phase, ultimately minimizing the
project schedule and project cost.
Preliminary Engineering Studies (4 Weeks): This task will consist of developing general project location, design concepts
and related activities to establish design parameters to complete the Final Design. Preliminary Engineering Studies will
pave the road map to finalize design by identifying and breaking down the design criteria for each location. It will also
help identify similar structural defects at multiple locations and find common yet unique solutions for each location. The
Page 8 of 12
Exhibit A – Scope of Work
Consultant will also develop preliminary construction cost, identifying and segregating costs which are eligible to HBP
funding reimbursement.
Surveying and Mapping (4 Weeks): Our team will conduct record survey research and prepare mapping to assist and
complete the final design of each bridge location as well as to prepare cost estimate and determine right-of-way impacts.
The Consultant will use survey and right-of-way identification to determine the right-of-way needs for the construction,
and to acquire permissions and right-of-entry into San Bruno Creek (for Bridge No. 35C-0047) and Colma Creek (for
Bridge No. 35C-0101). To ensure the project improvements can be constructed within the available right-of-way, record
mapping will be best fit onto existing photo backgrounds based on as-built. This approach will allow reduction in cost of
field work.
Environmental Studies and Documents (20 Months): The Consultant understands the City has completed the
Preliminary Environmental Study (PES), and have included a check list of studies and memos to be completed in the RFP.
The Consultant will prepare the following technical studies as required by PES: Air Quality, Water Quality/Resources,
Equipment Staging, Hazardous Waste (lead paint and thermoplastic stipes), Floodplain, Traffic Handling during
construction, Location Hydraulic Study, and Summary Floodplain Encroachment. The scope of work assumes Biological
Assessment will not be required, and Natural Environmental Study-Minimal Impact (NES/MI). Once the technical studies
are completed, we will coordinate with the City and Caltrans to obtain a CE determination and signed CE form from
Caltrans, pursuant to their NEPA responsibilities with the U.S. Department of Transportation.
Due to the varied nature of maintenance activities for each bridge site, some of the bridge sites may have more
environmental evaluation and permitting requirements than others. For example, bridge sites that only require
maintenance of the deck and railing elements (i.e., outside of the creek zone and with no disturbance of vegetation and/or
native soil) would likely require only very limited environmental evaluation and no regulatory permits.
The Consultant anticipate encroachment into the creek zone at North Access Road at San Bruno Canal (Br. No. 37C-0047)
and Utah Avenue at Coma Creek (Br. No. 35C-0101) to perform the bridge repair items noted in the table on the previous
page. San Bruno Canal and Colma Creek appear to be perennial aquatic features with connectivity to the San Francisco
Bay. Therefore, a jurisdictional delineation of these waters will be required. The Consultant will summarize the existing
regulatory setting, project area conditions, and delineated wetlands and waters of the U.S. and state in an Aquatic
Resources Delineation report. In Addition to encroachment, vegetation removal, disturbance of native soil, in-water and/or
water diversion work would require preparation of environmental technical studies and acquisition of regulatory permits. It
is our understanding that one Natural Environmental Study (NES) for the US Fish and Wildlife Service will be required
incorporating all structures. A separate NES for each structure is not anticipated, nor included in the scope of services. One
NES documents for all nine bridges will help expedite the project schedule and also help reduce the project cost.
Preparation of the NES includes reviewing available data on biological resources recorded within the vicinity of the project,
performing field investigations at each structure to a level appropriate for the permits required for each bridge, and
summarizing the results in the NES document. NES field investigations and vegetation mapping will be performed on a
broad scale, however detailed plant identification will be required. NES will include Water Quality Best Management
Practices (BMPs), Construction staging and access, Wetlands, and Invasive plants.
The Consultant will review available data on biological resources recorded within and near the project area, including all
special-status plant and wildlife species with the potential to be in the project area. This review will include conducting
searches in databases such as the California Natural Diversity Database (CNDDB), U.S. Fish and Wildlife Service (USFWS),
National Marine Fisheries Service (NMFS), and the National Wetlands Inventory (NWI). GPA will also work with the project
team to delineate an appropriate Biological Survey Area (BSA) that will cover the direct and indirect impact areas,
including temporary construction areas, and create a BSA map to be used for the biological analysis.
This scope of services includes obtaining regulatory permits from the Regional Water Quality Control Board (RWQCB) and
California Department of Fish and Wildlife (CDFW) since there is work within the bed and banks or low flow channel. The
Consultant assume that a Biological Assessment and Section 7 Consultation with the United States Fish and Wildlife
Service (USFWS) and/or the National Marine Fisheries Services (NMFS) would not be required. The structures with work
within the low flow channel are eligible for an Army Corps of Engineers (ACOE) Section 404 permit, Section 401 of the
Clean Water Act Certification, Streambed Alternation Permit (Section 1602), and National Pollutant Discharge Elimination
System (NPDES) permits. Permit fees are not included in this scope of services, and are anticipated to be paid by the City.
According to the Caltrans Historic Bridge Inventory, all bridges are listed as Category 5, meaning they are not eligible for
the National Register of Historic Places. The City has completed a technical study for Cultural Impacts and is provided with
RFP.
Page 9 of 12
Exhibit A – Scope of Work
The Consultant anticipate that the project will be Categorically Exempt (CE) under CEQA, and Categorical Excluded (CE)
under NEPA. If the project description changes or if currently unknown circumstances arise in a manner that would result
in greater environmental impacts, the environmental scope may need to be revised. The Consultant will prepare a Notice
of Exemption (NOE) for signature by the City and will submit the NOE to the County clerk’s office for CEQA clearance.
Since our scope of services includes performing the bridge repairs items noted above and minor soil disturbance is
anticipated for retrofitting the pile extensions and pier walls, the only hazardous materials anticipated for this project
could possibly be the joint seals, yellow traffic striping and Aerially Deposited Lead (ADL). The Consultant will assume that
the joint seals and traffic striping are hazardous, and will state in the contract specifications that these items are
hazardous. A Phase 1 Initial Site Assessment is not included in this scope of services, as it is typically unnecessary for the
proposed work. As a result, Caltrans will require a hazardous materials technical memo. This memo will describe how the
contractors will minimize the release of hazardous materials and dispose of any such materials.
Caltrans does not require public scoping for NEPA CE projects, and it is not anticipated that any other public outreach
activities will be required during the environmental process. No public outreach activities have been included in this scope
of work. The project specifications will require the Contractor to provide Good Neighbor Letters to any businesses and
residents that may be affected by the construction of the bridge repairs.
Deliverables: signed NEPA CE, CEQA NOE form, Aquatic Resources Delineation, technical memos and studies listed in PES,
Section 404 Permit application package, Section 401 Permit application package, CDFW 1602 Permit application package,
and NPDES Permit (PDF electronic copy).
Utility Coordination: The Consultant will identify the utilities near and on each bridge location. The Consultant will also
identify potential conflicts and prepare a Utility Conflict Map and Caltrans Reports of Investigation. The Consultant will
coordinate with the Utility owners to notify them of construction activities, and we will work closely with the utility
company to develop protection details which maintain the integrity and operations of their facility during construction. All
work performed will be in compliance with Chapters 13 and 14 of Local Assistance Procedures Manuals, and Right-of-way
Manual.
Preliminary Design (35% Plans and Estimate): This task includes the development of conceptual bridge plans from as-
built plans, the right-of-way and utility records search, aerial photogrammetry, and base mapping to indicating the
proposed repairs at each bridge site. Biggs Cardosa will also prepare engineer’s estimate of probable cost. Cost will be
based on preliminary quantities developed in general conformance with Caltrans Bridge Design Aids and will include
approximately 25% contingency. These preliminary cost estimates will be based on the Caltrans estimating guidelines
provided in Caltrans Bridge Design Aids, Section 11 Estimating. The 35% plans and estimate submittal is intended to allow
the City to review and comment upon the proposed repairs and review anticipated construction costs early in the process.
Deliverables: 35% conceptual level general plans of each bridge, 35% cost estimate (PDF electronic copy and three 24” x
36” Plots).
TASK 3 – Final Design
Within this task, we will develop and independently check the complete construction documents including plans,
specifications and the construction cost estimate. All PS&E contract documents will be prepared and will meet the federal
requirements for Highway Bridge Program (HBP) funding.
Draft 60% PS&E - Unchecked Details (10 weeks): During preparation and approval of the NES documents, we will
prepare and submit the draft plans, specifications, and estimate to the City.
These construction documents are anticipated to include plan sheets for a vicinity map, quantities, a bridge general plan
with the bridge repair items identified at each structure, photographs as required, horizontal control, as well as the
construction specifications and cost estimate for the bridge repair items noted in the approved PES form. This submittal
will represent a complete, draft set of construction documents to be submitted to the City and will be performed in
general accordance with the following:
California Department of Transportation (Caltrans) Standard Plans & Specifications (2018 version & most current
revisions as will be indicated in the bid documents)
Caltrans Bridge Design and Detailing Manuals
AASHTO LRFD Bridge Design Specifications 8th Edition with California Amendments,
AutoCAD 2019
Page 10 of 12
Exhibit A – Scope of Work
Since the nature of the rehabilitation of the bridges will only require restriping and remarking of existing pavement
striping and markings, we recommend and have assumed in this scope of services that only schematic level signing and
striping of the existing conditions will be shown, we will not need to prepare detailed signing and striping plans, and we
will be able to specify the striping and markings in the contract specifications and reference Caltrans and City standard
striping and marking details.
Additionally, since the nature of the rehabilitation of the bridges will only require construction staging and traffic control
measures for short durations, we recommend and have assumed in this scope of services that we will not need to prepare
site specific construction staging and traffic control plans. The Consultant will coordinate construction staging and traffic
handling requirements with the City, and include these requirements in the contract specifications. It is anticipated that the
Contractor will utilize Caltrans Standard Plans “T” plans for lane closures and construction signage. The contract
specifications will require the Contractor to provide a construction staging and traffic control submittal at each structure
for review and approval by the Engineer and the City to ensure that the Contractor has an efficient work area while
maintaining a safe environment with limited operational impacts to the vehicles, bicyclists, and pedestrians. Construction
staging areas will be coordinated with the City and included in the contract documents. On BPMP projects, the most cost-
effective approach to traffic control is to define the hours of operation and phasing of bridge work and allow the
contractor to develop their own traffic control plan for approval by the City during construction. Should proximity to
adjacent intersections or other jurisdictions warrant, more detailed traffic handling plans can be developed. Quantities for
the various items of work for these plans will be documented on a quantity sheet by bridge. It is anticipated and assumed
in this scope of services that no loop detectors will be affected by the bridge rehabilitation work.
A Caltrans Right-of-Way Certification Request form (LAPM Exhibit 13-A) will need to be prepared and submitted to
Caltrans to certify that the project will not require any right-of-way acquisition. The Consultant will prepare a “signature
ready” Caltrans Right-of-Way Certification Request form for the City. The bridge repairs may require temporary
construction easements for which the right-of-way engineering will be necessary. As Additional Services, we will prepare
plates and legal description forms for Temporary Construction Easement Agreements, if needed, to allow the contractor to
perform work with in San Bruno Creek and Colma Creek.
Although, the bridge repairs will not require any utilities to be relocated, utility facilities will be identified by owner and
type of facility and shown on the project plans. The Consultant will coordinate with utility owners affected by project
improvements to coordinate protection of utilities within anticipated work areas. A potential utility interface is anticipated
at the Utah Ave Bridge over Colma Creek.
Our team will prepare and submit to the City the technical specifications necessary to perform the bridge repair work
consistent with the Caltrans Standard Specifications. The Consultant will assume that the City will prepare the front end
(boilerplate) specifications, and the City will compile the front end and technical specifications together to create a
complete set of bid specifications. The Consultant will prepare Draft Notice to Contractor and submit for to the City for a
review. For federally funded projects, there is specific federal contract language that needs to be included in the front-end
specifications. The Consultant will prepare and submit the federal contract language to the City, and the City will compile
the federal contract language into the front-end specifications. The Consultant will identify and segregate costs that are
eligible for HBP funding.
Deliverables: 60% Plan Set Drawings (PDF electronic copy and three 24” x 36” Plots)
60% Technical Specifications including Materials Submittals List and 60% Construction Cost Estimate and
Quantity Calculations (PDF electronic and three 8 ½” x 11” copies of each)
Draft notice to Contractors (PDF electronic copy)
Pre-Final Design Submittal-90% PS&E (8 Weeks): After receiving NEPA clearance, we will conduct an independent check
of the plans, specifications, and estimate in accordance with our QA/QC Plan; concurrent with review of the 60% PS&E
submittal by the City. An inter-disciplinary review will be conducted to ensure that all plans and specs prepared by the
project team are coordinated.
Upon receiving check comments from the City and the QC Independent Checker, we will work with both the City and the
QC Independent Checker to resolve all comments, and we will update the 60% PS&E documents for the 90% PS&E
submittal.
Page 11 of 12
Exhibit A – Scope of Work
Deliverables: Independent Check Set of 60% PS&E and associated comment/response log (PDF electronic copy)
90% Plan Set Drawings (PDF electronic copy and three 24” x 36” Plots)
90% Construction Cost Estimate (PDF electronic copy and three 8 ½” x 11” copies)
Project Manual including Federal Requirements, Special Provisions, Technical Requirements (PDF electronic
copy and three 8 ½” x 11” copies)
Materials Submittals List, and Justification of Proposed Working Days (PDF electronic copy)
Comment/Response log for 60% and 90% Comments (PDF electronic copy)
100% Construction Schedule (MS Project file and PDF electronic copy)
100% Design Calcs and Quantity Calculations (PDF electronic copy)
Final Design Submittal-100% PS&E (4 Weeks): After agency review of the 90% Design Submittal, we will incorporate City
comments and prepare the Final Contract Documents in accordance with the City’s instructions and submit Final Bid
Documents for signature.
Deliverables: One (1) complete Final Bid Set Drawings – signed and dated (24” x 36” Bond)
One (1) set of Final Technical Specifications with signed and dated cover sheet (8 ½ x 11 Bond)
One (1) copy of the Engineer’s Construction Cost Estimate (8 ½ x 11 Bond)
One (1) electronic copy of the signed plans, specifications, engineer’s estimate (PDF electronic copy)
One (1) copy of the Material Submittal List and Justification for Proposed Working Days (PDF Electronic
copy)
TASK 4 – Construction Phase Authorization (12 Weeks)
The Consultant will prepare Request for Authorization (E-76) to advance the Construction using procedures outlines
Caltrans Local Assistance Procedures Manual including completing all LAPM exhibits noted in Task 1 as “signature ready”
for submittal to Caltrans to obtain the Construction E-76 authorization.
Deliverables: Request for Authorization; LAPM Exhibits 3-A, 3-O, 5-A, 7-B, 7-G, 12-D, 12-E, 13-A, 15-A, 15-L, and 15-M
(PDF electronic copy).
TASK 5 – Bid and Award Support (10 Weeks)
The Consultant will provide engineering services to support the public bidding phase of the project that includes
providing responses to bidders' inquiries, preparation of addenda documents, and assisting the City in the review and
processing of substitute submittals. The Consultant will prepare and submit a Conformed Set of Final Drawings and
Specifications.
Deliverables: Responses to bid inquiries (as required); Written evaluation of substitution submittals (as required);
Preparation of addenda documents (as required) (PDF electronic copy)
Complete Conformed Set of Drawings (AutoCAD and PDF – signed & dated [24” x 36” Bond] electronic copy)
Electronic copy of the Technical Specifications – (MS Word and PDF electronic copy)
Hard Copy of the Final Approved Specifications (8 ½” x 11”)
Exceptions and Assumptions:
Services not anticipated to be required and not included in this scope of services but can be added as additional services if
circumstances or conditions changes are outlined below:
1. It is assumed the nine (9) project locations are all packaged
in a single set of Plans, Specifications and Estimates.
2. Traffic control requirements will be conveyed to the
contractor through the Technical Specifications. Traffic
Control plans will not be required.
3. Utility relocation or potholing will not be required
4. Right of Way mapping will be limited to available record
right of way documents.
5. Title reports or field survey is not anticipated to be required
and not included in this scope of work.
6. WQAR is not needed for sites without in-creek work.
12. Focused bat habitat surveys, including bat emergence
surveys, are not included in this scope of work. If
requested, Consultant will provide an additional scope of
work and budget to support this effort.
13. One NES(MI) will be prepared for all nine bridge
maintenance sites. If evaluation of additional sites is
requested, Consultant will provide an additional scope of
work and budget to support this effort.
14. A CE/CE will be the appropriate level of NEPA/CEQA
documentation. If during project development or
completion of environmental investigations is it identified
Page 12 of 12
Exhibit A – Scope of Work
7. No SWPPP is included in this scope of services
8. The PES is approved by Caltrans and Phase 1 Initial Site
Assessment (ISA) is not required
9. Project activities are expected to encroach on only two
aquatic features, San Bruno Canal (at Bridge #35C-0047)
and Colma Creek (at Bridge #35C-0101). Therefore, this
scope includes a jurisdictional delineation of San Bruno
Canal (at Bridge #35C-0047) and Colma Creek (at Bridge
#35C-0101). Jurisdictional delineations at additional bridge
locations, are not included in this scope of work. If
requested, Consultant will provide an additional scope of
work and budget to support this effort.
10. Protocol-level surveys for special-status species, if required,
are not included in this scope of work. It is anticipated that
potential for special-status plants and wildlife species can
be inferred based on the surveys scoped for the project. If
protocol surveys are requested, Consultant will provide an
additional scope of work and budget to support this effort.
11. One field survey for the NES(MI) is included in this scope of
work and it will be conducted during the appropriate time
of year to capture the typical blooming window for special-
status plants with potential to be in the project area to the
extent feasible.
that the project would not qualify for a CE/CE, an
additional SOW and budget will be provided to support a
higher-level of documentation.
15. The project would not have a potential effect on federally
listed species and consultation pursuant to Section 7 of
the Federal Endangered Species Act would not be
required.
16. Caltrans will prepare the NEPA Categorical Exclusion
Form and Environmental Commitments Record.
17. The City will prepare the CEQA Notice of Exemption for
the project, file it with the County Clerk-Recorder’s Office
and the State Clearinghouse, and pay the applicable
County filing fee
18. Bridge rehabilitation improvements will not affect creek
hydraulic and hydraulic engineering is not required
19. Bridge rehabilitation improvements will not require
geotechnical engineering services
20. Assistance and attendance at community meetings
and/or public hearings are not required.
21. Attendance at a pre-bid meeting and preparing pre-bid
meeting notes are not required.
22. Construction Support and Preparation of Record
Drawings are not included with this contract.
ID Task Name Duration Start Finish
1 Task 1 – Project Management & Caltrans Contract Management Assistance 38.75 mons Mon 10/5/20 Fri 9/22/23
2 Task 1.1 - Project Administration / Budgeting / Cost Accounting 38.75 mons Mon 10/5/20 Fri 9/22/23
3 Task 1.2 - Project Meetings/Agency Coordination 38.75 mons Mon 10/5/20 Fri 9/22/23
4 Task 1.3 - HBP Local Program Compliance Support (ROW Certification)2 mons Mon 1/3/22 Fri 2/25/22
5 Task 1.4 - HBP Local Program Compliance Support (RFA for Construction E-76)4 wks Mon 5/23/22 Fri 6/17/22
6 Task 2 – Pre-Design 20.25 mons Mon 11/2/20 Fri 5/20/22
7 Task 2.1 - Data Gathering, Document Review, and Structure Field Investigations 6 wks Mon 11/2/20 Fri 12/11/20
8 Task 2.2 - Preliminary Engineering studies 1 mon Thu 11/12/20 Wed 12/9/20
9 Task 2.3 - Surveying and Mapping 4 wks Mon 11/2/20 Fri 11/27/20
10 Task 2.3 - CEQA Determination and Filing 6 wks Mon 8/2/21 Fri 9/10/21
11 Task 2.4 - Environmental Studies and Documentation 19.75 mons Mon 11/16/20 Fri 5/20/22
12 Task 2.4.1 - Hazardous Materials Technical Memorandum 6 wks Mon 11/16/20 Fri 12/25/20
13 CALTRANS REVIEW 4 wks Mon 12/28/20 Fri 1/22/21
14 Task 2.4.2 - Air Quality PM2.5 Conformity Determination 2 wks Mon 11/30/20 Fri 12/11/20
15 CALTRANS REVIEW 4 wks Mon 12/14/20 Fri 1/8/21
16 Task 2.4.3 - Water Quality Technical Memorandum 8 wks Mon 12/14/20 Fri 2/5/21
17 CALTRANS REVIEW 4 wks Mon 2/8/21 Fri 3/5/21
18 Task 2.4.4 - Floodplain Location Hydraulic Studies - SFER 6 wks Mon 12/14/20 Fri 1/22/21
19 CALTRANS REVIEW 4 wks Mon 1/25/21 Fri 2/19/21
20 Task 2.4.5 - Traffic Technical Memorandum (Construction)8 wks Mon 12/14/20 Fri 2/5/21
21 CALTRANS REVIEW 4 wks Mon 2/8/21 Fri 3/5/21
22 Task 2.4.6 - Equipment Staging Technical Memorandum 6 wks Thu 12/10/20 Wed 1/20/21
23 CALTRANS REVIEW 4 wks Thu 1/21/21 Wed 2/17/21
24 Task 2.4.7 - Biological Resources: NES (Minimal Impact) and Aquatic Resources
Delineation (ARD)
3.5 mons Mon 3/1/21 Fri 6/4/21
25 Task 2.4.7a - Biological Survey and ARD 1 wk Mon 3/1/21 Fri 3/5/21
26 Task 2.4.7b - Prepare NES (Minimal Impact) and ARD 9 wks Mon 3/1/21 Fri 4/30/21
27 Task 2.4.7c - City Review of NES (Minimal Impact) and ARD 4 wks Mon 5/3/21 Fri 5/28/21
28 Task 2.4.7d - Revise and Submit NES (Minimal Impact) and ARD to Caltrans 1 wk Mon 5/31/21 Fri 6/4/21
29 Caltrans Initial Review of NES (MI) and ARD, Address and Resubmit NES (MI)
and ARD
4 wks Mon 6/7/21 Fri 7/2/21
30 Address Caltrans Review Comments of NES (MI)2 wks Mon 7/5/21 Fri 7/16/21
31 Caltrans Final Review and Approval of NES (MI)2 wks Mon 7/19/21 Fri 7/30/21
32 Task 2.5 - NEPA CE 4 wks Mon 8/2/21 Fri 8/27/21
33 Task 2.6 - Environmental Permitting 8 mons Mon 10/11/21 Fri 5/20/22
34 Task 3 – Design 19.75 mons Mon 11/16/20 Fri 5/20/22
35 Task 3.1 - Draft Final Design (60% PS&E)10 wks Mon 11/16/20 Fri 1/22/21
36 Task 3.1.1 - Prepare Plates and Legal Descriptions for TCEs (As Required)3 mons Mon 1/25/21 Fri 4/16/21
37 Task 3.2 - City Review and BCA Independent QA/QC Check of 60% PS&E Submittal 6 wks Mon 8/30/21 Fri 10/8/21
38 Task 3.3 - Pre-Final Design Submittal (90% PS&E)8 wks Mon 10/11/21 Fri 12/3/21
39 Task 3.4 - City Review of 90% PS&E Submittal 6 wks Mon 12/6/21 Fri 1/14/22
40 Task 3.5 - Final Design Submittal (100% PS&E)4 wks Mon 1/17/22 Fri 2/11/22
41 Task 3.6 - City Review of Final Design Submittal 2 wks Mon 5/9/22 Fri 5/20/22
42 Task 4 – Construction Phase Athorization 3.05 mons Mon 6/20/22 Mon 9/12/22
43 Task 4.1 - Submit RFA Con to Caltrans for Construction 1 day Mon 6/20/22 Mon 6/20/22
44 Task 4.2 - Caltrans Construction E-76 Processing 12 wks Tue 6/21/22 Mon 9/12/22
45 Task 5 – Bid Award and Support 2.5 mons Tue 9/13/22 Mon 11/21/22
46 Task 5.1 - City Preparation to Advertise Project 6 wks Tue 9/13/22 Mon 10/24/22
47 Advertise Project 0 days Tue 10/25/22 Tue 10/25/22
48 Task 5.2 - Advertisement Period 4 wks Tue 10/25/22 Mon 11/21/22
49 Task 5.3 - Bidding Assistance & Addressing Bid Inquiries 4 wks Tue 10/25/22 Mon 11/21/22
50 Task 6 – Construction 10 mons Mon 12/19/22 Mon 9/25/23
51 Task 6.1 - Pre-Construction Meeting 0 days Mon 12/19/22 Mon 12/19/22
52 Task 6.2 - Construction Duration 10 mons Tue 12/20/22 Mon 9/25/23
Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
2021 2022 2023
Critical Task Baseline Milestone Summary
CITY OF SOUTH SAN FRANCISCO BPMP PROJECT SCHEDULE
8/31/2020
EXHIBIT B
COST PROPOSAL
8-Sep-20WBS DESIGN SERVICES (PE FUNDING PHASE)Task 1Project Management & Caltrans Contract Management Assistance1.1Project Administration/ Budgeting/ Cost Accounting204731$8,3801.2Caltrans Local Assistance Support (ROW Cert & Con E-76)82432$5,9211.3Project Schedule21214$2,5021.4Monthly Project Meetings/Agency Coordination (4 PDT Mtgs assumed)161632$6,392Subtotal2030052070000000000000000109$23,196Task 2Preliminary Engineering Studies / Suevey and Mapping / Utility Coordination2.1Data Gathering, Document Review, and Structure Field Investigations43236$6,3672.2Surveys and Mapping5050$11,1202.3Utility Coordination42731$3,8112.4Prepare Preliminary Design Submittal (35% Plans and Estimate)22$394Subtotal 0 4 0 32 0 0 0 6 27 50 0 0 0 0 0 0 0 0 0 0 0 0 119 $21,692Task 3Environmental Studies Documentation / Permits3.1CEQA Determination and Filing11$2293.2NEPA Approval22$4583.3Natural Environment Study/Minimal Impact (NESMI) & Wetland Delineation and 14 16 73 6 40 60 88 4 12 304 $32,6903.4Equipment Staging & Tech Memo42281834$3,9093.5Traffic Tech Memo44$9173.6Air Quality44$9173.7Hazardous Materials / Hazardous Waste Tech Memo44$9173.8Water Quality Assessment Report12286091$12,9583.9Location Hydraulic Study44$9173.10Summary Flood Plain Encroachment Report44$9173.11NPDES Permit44$9173.12CDFW 1602 Streambed Alteration Agreement / RWQCB 401 Permit / ACOE 401 Permit 151740612646412221$23,057Subtotal 0 34 0 0 0 0 2 28 60 0 11 35 113 20 18 52 124 88 0 4 76 12 677 $78,801Task 4Final Design4.1Prepare Draft Design Submittal (65% PS&E)12412440232223$39,9524.2Independent QA/QC Check of 65% PS&E Submittal82432$6,3184.3Prepare Pre-Final Design Submittal (95% PS&E)1125216485$15,2134.4Prepare Final Design Submittal (100% PS&E)11232853$9,780Subtotal348823264023600000000000000393$71,262Task 5Bid and Award Support5.1Addressing Bid Inquiries and Preparing Addenda24410$2,2795.2Prepare Conform Set of Construction Documents and Technical Specifications2428$1,449Subtotal260820000000000000000018$3,72925 122 8 324 66 7 4 70 87 50 11 35 113 20 18 52 124 88 0 4 76 121316$198,6801316Plotting, Printing, and Postage$76Travel (Mileage)$403Travel (Meals)$302Travel (Lodging)$540$1,321WBS DESIGN SERVICES (PE FUNDING PHASE)Task 1:Project Management & Caltrans Contract Management Assistance$23,196Task 2:Preliminary Engineering Studies / Suevey and Mapping / Utility Coordination$21,692Task 3:Environmental Studies Documentation / Permits$78,801Task 4:Final Design$71,262Task 5:Bid and Award Support$3,729$200,000FEE APPLICABLE TO E-76 PRELIMINARY ENGINEERING (PE) FUNDING$200,000$115.50 $77.70 $94.50 $57.75 $52.50 $31.50 $78.00 $61.50 $35.00 $69.50 $60.00 $50.48 $41.11 $41.25 $31.73 $64.90 $33.65 $30.29 $51.98 $47.96 $33.65 $35.34168.13% 168.13% 168.13% 168.13% 168.13% 168.13% 190.90% 190.90% 190.90% 190.90% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43% 142.43%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%10%$1,245553$540Associate Biologist$302$403$59,52529.76%Direct RateOverhead RateProfitDIRECT COST FIXED FEE MULTIPLIER RATES$0$3,729$7,792$12,729$0$0$0$58,280$0$0$63,678$7,584Total Hours Per Consultant 552$0$0Project Total Reimbursable Expenses $76$23,196Total Project Fee Per Consultant$6,367DBE PARTICIPATION PERCENTAGES $15,324$35,637$104,838$0211Senior Land SurveyorCivil Engineering ManagerSenior Civil EngineerDIRECT EXPENSES$76CITY OF SOUTH SAN FRANCISCO BPMP (ST 1703)Project Total LaborEngineering and Design ServicesEstimate of Labor Effort Senior DrafterAdministrativeEngineering ManagerAssociate - QC ManagerTotal FeeProject Management, Prime Consultant & Structural EngineeringProject EngineerBCAPrincipal-in-ChargeTotal HoursHMHCivil, Traffic, Survey, & Utility CoordinationGPA (DBE)Environmental Clearance & PermittingSr. Associate Env PlannerSr. BiologistAssociate BiologistBiologistAssistant Civil EngineerSr. BiologistSr. Env PlannerAssociate BiologistSr. BiologistSr. BiologistAssociate Env PlannerSr. Associate Biologist
EXHIBIT C
INSURANCE CERTIFICATES
Consultant to provide after Award of Contract
EXHIBIT D
FORM 590