Request for Proposals. Safety Program Support Services and Training

Transcription

1 Request for Proposals Safety Program Support Services and Training Public Works Department City of San Mateo 330 West 20th Avenue San Mateo, CA June 16, 2013 The City of San Mateo is accepting proposals to select a qualified safety consulting firm to develop and update the safety programs as needed, provide City employee trainings and any miscellaneous safety support services. All questions regarding this Request for Proposals (RFP) shall be directed to Ed Vigil, Public Works Safety Coordinator, at (650) Proposals shall be submitted by firms that have a capable and demonstrable background in the type of work described in Section II, "SCOPE OF SERVICES," of this notice. In addition, all interested firms shall have sufficient, readily available resources in the form of trained personnel, support services, specialized consultants and financial resources to carry out the work without delay or shortcomings. The City intends to award one contract for approximately two years for the scope described in Section II, SCOPE OF SERVICES, of this notice. A detailed outline of the Consultant s potential services is given in Section II of this RFP. The proposals shall be submitted to the Public Works Department, City of San Mateo, 330 West 20th Avenue, San Mateo, California, 94403, no later than: 5:00 p.m. on Friday July 5, 2013 Each proposer shall submit four (4) bound sets of the proposal in accordance with Section IV, "PROPOSAL REQUIREMENTS." 1

2 TABLE OF CONTENTS PAGE I. GENERAL INFORMATION... 3 II. SCOPE OF SERVICES... 3 III. PROPOSAL REQUIREMENTS... 6 IV. CONSULTANT SELECTION PROCEDURE... 7 V. ESTIMATED SCHEDULE FOR SELECTION... 8 VI. CONTACT PERSON 8 VII. LATE PROPOSALS NOT CONSIDERED 8 APPENDIX: A. City of San Mateo Department of Public Works Standard Agreement for Professional Consultant Services. 2

3 I. INTRODUCTION A. BACKGROUND The City of San Mateo Public Works, hereafter referred to as the City, has safety programs developed for employees to address situations encountered during routine operations that may be otherwise unsafe if not properly trained. Various federal, state, local laws and Federal and Cal OSHA regulations also mandate or recommend that certain personnel be adequately trained in a variety of areas. There are separate safety programs for various groups of City employees. City employees fall into the following groups: - Wastewater Treatment Plant (WWTP) personnel (WWTP group) - Sanitary Sewer Collection system, Streets and Traffic, Facilities, and Parks and Recreation personnel (Corpyard group) - Engineers, Engineering Technicians and Construction Inspectors (Engineering group) There are written safety programs unique to each group, and each group will have different training requirements. There will be occasions when trainings for these groups will be combined. The safety program is compliant with current regulations to date but will require updating due to any changes. Implementation of these programs takes form in both classroom and equipment training hours. II. SCOPE OF SERVICES The scope of work for this contract will vary as the need arises and will be at the discretion of the City. The main categories of work will include: o Development of Written Safety Programs o Safety Program Review and Update o Training Presentations o Annual Facility Inspections o On-Call Safety Consultation Typical tasks that may be required of the Consultant under these categories are detailed in the following sections. The City reserves the right to discontinue or postpone services at any time. 3

4 Development of Written Safety Programs Some written programs still require to be developed and are listed below. Any written programs required to be developed should follow the same format as existing written programs. Consultant shall periodically review safety programs to ensure compliance with all federal, state, and local laws and regulations. - Personal Protective Equipment (PPE) [for Engineering group] to be completed first - Asbestos [for Corpyard and Engineering groups] - Blood Borne Pathogens (BBP) [for Engineering group] - Hazardous Communications [for Engineering group] - Hearing Conservation [for Engineering group] - Heat Illness Prevention [for Engineering group] Safety Program Review and Update The City has written safety programs unique to each group. Consultant will be provided copies of all written programs and shall review the City s written safety programs and identify any items that will require updates due to changes in regulation or any missing elements of a successful, sustainable safety program. Training All training shall meet all of the applicable requirements of the laws, rules, and Federal and Cal OSHA regulations or guidelines. This includes requirements for the training professional to be licensed and/or certified to provide the specific training, if applicable. In summary, training will be provided to certain City employees in accordance with the City s safety programs and in compliance with all federal, state, and local laws and regulations. Training subject matter may include but is not limited to: - Asbestos - Blood Borne Pathogens (BBP) - Confined Space (CS) with Entry - Confined Space (CS) Awareness - Crane or Hoisting Operations - Drivers Safety - Emergency Action Plan (EAP) - Electrical Safety - Ergonomics - Fire Extinguisher - First Aid/CPR/AED - Fall Protection - Forklift - Hazardous Communications (Haz Comm) 4

5 - Hazardous Waste Management (Haz Mgmt) - Hazardous Waste Operations and Emergency Response (HAZWOPER) - Hearing Conservation - Heat Illness Prevention - Hot Work - Lockout Tagout (LOTO) - Personal Protective Equipment (PPE) - Respiratory Protection - Injury & Illness Prevention Program (IIPP) - Temporary Traffic Control (TTC) - In addition to trainings, the testing below will be required for the City s WWTP and Corpyard maintenance personnel. Testing dates will be coordinated with the City and will be provided by the Consultant twice a year. - Audio Testing - Medical Evaluation for Respiratory use - Respiratory Fit Testing The City has on site locations that Consultant can use for trainings and tests. Trainings and testing dates shall be coordinated with the City to create a one year training schedule. WWTP maintenance personnel will be trained at the City s WWTP facility. Other employees may be trained at the City s Corporation Yard or at City Hall, to be determined with the City at the time of scheduling dates. An approximate schedule of required trainings and testing is provided in the table below. Each training session shall be provided with one make-up session. The two training sessions should be no more than four weeks apart. Due to work shifts at the WWTP, trainings provided for WWTP maintenance personnel shall be provided a total of four (4) times 2 sessions per day (afternoon and early evening), for 2 consecutive days. Target Attending Groups Training* Schedule Corpyard Engineer Parks WWTP Asbestos Dec 2013 x x BBP Mar 2014 x x x x CS w/entry Apr 2014 x x CS Awareness Jul 2013 x x Crane/Hoisting Operations Nov 2013 EAP Sep 2013 x x Electrical Safety Feb 2014 x x Fall Protection Sep 2013 x x Fire Extinguisher Feb 2014 x x x x First Aid/CPR/AED Aug 2014 x x x x Forklift Mar 2014 x x Haz Comm Jul 2013 x x x x Haz Waste Mgmt Jul 2013 x x HAZWOPER Refresher Jul 2013 x x 5

6 Target Attending Groups Training* Schedule Corpyard Engineer Parks WWTP Hearing Conservation Jun 2014 x x x x Heat Illness May 2014 x x x x Hot Work Jan 2014 LOTO Feb 2013 x x PPE Oct 2013 x x x x Respiratory Protection Jun 2014 x x IIPP Dec 2014 x x x Temp Traffic control Apr 2015 x x x * Trainings to be provided annually Trainings to be provided once during 2 year contract: Driver Safety Ergonomics New Employee Training Annual Facility Inspections Annual inspections will be conducted at the Corp Yard, WWTP, and at the Engineering dept. in City Hall. The inspection results will be documented as a report and delivered to the PW Safety Coordinator and PW managers and Supervisors. Upon request, facility inspections may be required at public City buildings, and or pump stations, these inspections may be for a variety of purposes having to do with Cal OSHA standards. On-Call Safety Consultation The Consultant will provide up to 150 hours of consultation by meeting or teleconference to the City on an as needed basis. The hours will pertain across the WWTP, Corpyard, and Engineering groups. 6

7 III. PROPOSAL REQUIREMENTS: The City requests that the Consultant submit a concise proposal clearly addressing all of the requirements outlined in the RFP. The intent of the RFP is to encourage responses that clearly communicate the Consultant s understanding of the City s requirements and its approach to successfully provide the products and/or services on time and within budget. Consultant shall submit four (4) bound sets of its proposal containing 8-1/2" x 11" sheet sizes for the text and 11" x 17" sheet sizes for any fold-out drawings. Proposals shall be no more than 25 pages, including resumes and the cover letter. Double sided pages will count as two pages. The proposal must include, at a minimum, the following information: A. A summary of the Consultant s understanding of the contract requirements as a whole and the unique capabilities to perform the services required. B. The Consultant s experience and history in providing safety consulting services and trainings, or other relevant or similar projects/programs. Include references of persons, firms, or agencies that the City may contact to verify the experience of the consultant. C. A brief description of the Consultant s firm (firm size, financial stability, capacity and resources) as well as the proposed local organization structure shall be included. Key team members shall be identified by name, title and specific responsibilities. D. A statement of qualifications and experience for each licensed or certified individual proposed to perform work on this contract. Firms must be able to provide sufficient staffing with qualified individuals as needed to be responsive to the on-call nature of the contract. E. Consultant fee schedule for the duration of the project, including 2012 loaded rates for key staff, proposed level of effort (in hours and cost) for each major task and total cost. The fee schedule will also contain an example of the Consultant s billing structure with information including training rate schedules, fixed rate training, reimbursable expenses, mileage rates, stand by rates, telephone conference rates, etc. F. An identification of any modifications to the attached Professional Consulting Services Agreement (Appendix A) the consultant would require prior to entering into an agreement with the City. G. Proposals shall remain effective for ninety (90) days beyond the submittal date. 7

8 IV. CONSULTANT SELECTION PROCEDURE A. EVALUATION CRITERIA: Proposals received by the City will be reviewed by the Selection Committee, which will make the final selection based on the following factors. Quality of Proposal: Proposal is concise, well written, and organized. The proposal addresses the items specified in Section IV, Proposal Requirements. Firm Qualifications: Technical experience in performing work of a closely similar nature, experience working with public agencies, record of completing work on schedule, strength and stability of the firm, and assessments by client references. Specific technical experience in sanitary sewer projects. Staff and Project Organization: Qualifications of project staff, key personnel s level of involvement in performing related work, logic of project organization, adequacy of labor commitment; concurrence in the restriction on changes in key personnel. B. EVALUATION PROCEDURE: An oral interview with one or more of the firms submitting proposals may be requested after written proposals have been received by the City if deemed necessary to clarify proposal or qualifications. The City will schedule the time and place for the interview if determined to be necessary. Each proposer should be prepared to clarify and elaborate on the details set forth in their proposal. The Selection Committee will include the Public Works Safety Coordinator, a WWTP Superintendent, a Public Works Supervisor, and an Engineering Safety Committee member. The Selection Committee will review the proposals submitted, establish a list of finalists based on pre-established review criteria, interview the finalist firms, if necessary, and determine the successful Proposer. The individual or composite rating and evaluation forms prepared by the Selection Committee will not be revealed. Sixty minutes will be allowed for the oral interview, including the question and answer period. The Project Manager must lead the presentation before the Selection Committee. Tentative interview date is listed in Section VI. C. AWARD: The successful proposer will be asked to enter into a contract with the City reflecting the terms and conditions of the proposal plus the City's standard professional services agreement requirements for City funded projects and federally funded projects. A copy of the City of San Mateo Department of Public Works Standard Agreement for Professional Consultant Services is attached in Appendix A. The City reserves the right to modify the scope of work and reject any or all proposals. 8

9 V. ESTIMATED SCHEDULE FOR SELECTION Schedule for Consultant Selection Process The following project timeline is provided for your scheduling information; however it is subject to change at the discretion of the City. Project Benchmarks Date (No Later Than) Request for Proposals available June 16, 2013 Proposals due at the City July 5, 2013 Preliminary Evaluation July 19, 2013 Consultant Interview (optional) August 2, 2013 Consultant Selection August 9, 2013 Execute Consultant Agreement August 23, 2013 VI. CONTACT PERSON Prospective proposers may contact Ed Vigil, the City s Public Works Safety Coordinator, for further information regarding contractual questions for this Request for Proposals. Deadline for inquires is on June 25, Inquires will be responded to no later than July 3, All requests for interpretation or questions must be sent by facsimile or in writing and must clearly include the subject line RFP: Inquiries for Safety Program Support Services and Training. Inquiries and written correspondence may be directed to: ED VIGIL PUBLIC WORKS DEPARTMENT CITY OF SAN MATEO 330 WEST 20th AVENUE SAN MATEO, CA (650) (650) (FAX) VII. LATE PROPOSALS NOT CONSIDERED Proposals must be received by the time specified at the address listed above. Any proposals received after the deadline will not be considered. 9

10 Appendix A AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES CITY OF SAN MATEO PUBLIC WORKS DEPARTMENT Safety Program Support Services and Training {consultant} This Agreement, made and entered into this day of, 20, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY", and, a[n] [insert legal status of consultant here, e.g., individual, corporation, limited partnership, etc.] with offices at [address] hereinafter referred to as "CONSULTANT": R E C I T A L S: A. CITY desires certain professional construction management and support services hereinafter described. B. CITY desires to engage CONSULTANT to provide these professional services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, IT IS AGREED as follows: SECTION 1 - SCOPE OF PROJECT The scope of services to be performed by CONSULTANT under this Agreement is described in Exhibit A, Scope of Services, attached and incorporated by reference. SECTION 2 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT'S work by CITY does not operate as a release of CONSULTANT from said obligation. 1

11 3.1 CITY SECTION 3 - PROJECT COORDINATION/STAFFING LARRY PATTERSON, DIRECTOR OF PUBLIC WORKS will be the representative of CITY for all purposes under this Agreement. is hereby designated as the PROJECT MANAGER and shall supervise the day to day progress and execution of this Agreement. 3.2 CONSULTANT CONSULTANT's services are unique and personal. CONSULTANT shall not assign or transfer its interest or obligation under this Agreement without the CITY's written consent. CONSULTANT shall not subcontract its duties under this Agreement without the CITY's written consent. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. is hereby designated as the PROJECT DIRECTOR for CONSULTANT. CONSULTANT shall assign a PROJECT COORDINATOR to represent CONSULTANT during the day-to-day work on the Project. is hereby designated as the PROJECT COORDINATOR for CONSULTANT. CONSULTANT shall assign additional key personnel as follows: In addition, CONSULTANT is specifically authorized to subcontract with the following sub-consulting firms to assist in providing the services required by this Agreement: CONSULTANT shall be responsible for employing or engaging all subconsultants necessary for performance of the CONSULTANT S scope of work. CONSULTANT shall manage, evaluate, and incorporate subconsultants work into the project as necessary. 2

12 All work on this project shall be accomplished by the above named CONSULTANT'S personnel and sub-consultants. CONSULTANT shall not substitute personnel or sub-consultants without the CITY'S written consent. SECTION 4 - INDEPENDENT CONTRACTOR It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement. SECTION 5 - DUTIES OF CONSULTANT CONSULTANT'S Services shall be furnished as described below and as more particularly described in Exhibit A, Scope of Services. Any changes in the Scope of Services must be approved in advance, in writing, by the Director of Public Works. CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all studies, reports, designs, drawings, specifications, and other items furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its studies, reports, designs, drawings, specifications, and other items. CONSULTANT represents that it is qualified to furnish the services described under this Agreement. All documents, drawings and specifications relating the project prepared by CONSULTANT or CONSULTANT s approved sub-consultants shall be approved, signed, and sealed by professional engineers duly registered in the State of California for each required discipline. The Contract Documents prepared by CONSULTANT shall provide for a completed project that conforms to all applicable national, state and local construction codes and ordinances, building, fire, electrical, plumbing and occupancy codes and standards. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT. No sub-consultant of CONSULTANT will be recognized by CITY as such; rather, all sub-consultants are deemed to be the agents of CONSULTANT, and CONSULTANT agrees to be 3

13 responsible for their performance. CONSULTANT shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and sub-consultants, if any, and shall keep the work under its control. If any employee or sub-consultant of CONSULTANT fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately from the work under this Agreement on demand of CITY. CONSULTANT shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONSULTANT are being performed in accordance with the requirement and intentions of this Agreement. SECTION 6 - DUTIES OF CITY CITY shall provide information that it holds regarding the subject of the services. CITY shall examine all documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of CONSULTANT'S work. SECTION 7 - TERM, PROGRESS AND COMPLETION The services to be performed under this Agreement shall commence upon date of execution and be completed by. CONSULTANT agrees to perform the services within the time limits developed for each task order assignment from the City. CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT'S timetable. SECTION 8 - PAYMENT Payment shall be made by the CITY only for services rendered and upon submission of monthly progress payment requests. In consideration for the full performances of the services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $. Requests for payments shall be itemized and correspond to the various items of work described in Exhibit A and shall be based on the rate and cost schedule set forth in Exhibit B. Payment for extra work or changes in the work will not be made unless for work authorized in advance in writing by the DIRECTOR OF PUBLIC WORKS. Prior to commencing such extra work or changes, CONSULTANT and CITY shall agree upon an estimated not-to-exceed cost for such extra work. In 4

14 no event shall CONSULTANT be paid for additional work that is necessary because of CONSULTANT'S errors or oversights. CONSULTANT shall maintain complete and accurate records as to the number of hours worked by persons and the direct costs incurred during each phase under this Agreement. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to such books and records to the CITY at all times, shall permit the CITY to examine and audit those books and records, shall permit the CITY to make copies of those books and records, and shall permit the CITY to inspect all work data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. All accounting records shall provide an understandable breakdown of costs charged to this Agreement. All records encompassed by this subparagraph, as well as supporting documentation, shall be kept separate from other CONSULTANT documents and records and shall be maintained by CONSULTANT for three (3) years after CONSULTANT'S receipt of final payment under this Agreement. CONSULTANT shall bill the CITY within thirty (30) days for all compensable activity on the project. CITY shall pay CONSULTANT within thirty (30) days of receipt of billings. If CITY disagrees with any portion of a billing, the CITY shall promptly notify CONSULTANT of the disagreement, and the CITY and the CONSULTANT shall attempt to resolve the disagreement. CITY's payment of any amounts shall not constitute a waiver of any disagreement. SECTION 9 - CHANGES IN WORK CITY may order changes in scope or character of work, either decreasing or increasing the amount of CONSULTANT's services by amending this Agreement. In the event that such changes are ordered, CONSULTANT shall be entitled to full compensation for all work performed prior to receipt of notice of change. In no event shall CITY be liable for payment unless the amount of such extra compensation shall first have been agreed to in writing by CITY. In the event that changes are ordered pursuant to this section, the schedule for progress and completion in Section 7 of this Agreement and compensation in Section 8 of this Agreement shall be adjusted by negotiation between CONSULTANT and CITY, subject to approval, if necessary by the San Mateo City Council. 5

15 SECTION 10 - CONFLICT OF INTEREST CONSULTANT understands that its professional responsibility is solely to CITY. CONSULTANT warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. CONSULTANT shall not knowingly, and shall take reasonable steps to ensure that, it does not employ a person having such an interest in the performance of this Agreement. If after employment of a person, CONSULTANT discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, CONSULTANT shall promptly sever the employment relationship. SECTION 11 - TERMINATION A. CITY may, by ten days written notice to CONSULTANT, terminate this Agreement in whole or in part at any time, either for CITY'S convenience or because of the failure of CONSULTANT to fulfill its agreement obligations. Upon receipt and within ten days of such notice CONSULTANT shall: 1. Immediately discontinue all services affected (unless the notice directs otherwise); and 2. Deliver to CITY all data, documents, reports, estimates, summaries and such other information and materials as may have been accumulated by CONSULTANT in performing this Agreement, whether completed or in progress. B. If the termination is for the convenience of CITY, CONSULTANT shall be compensated for all authorized work performed prior to notification of termination but no amount shall be allowed for anticipated profit on unperformed services. C. If, after any notice of termination for failure to fulfill agreement obligations, it is determined by a court or other arbitrator that CONSULTANT had not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, adjustment in the agreement price shall be made as provided in paragraph (B) of this section. D. CONSULTANT may terminate this Agreement or suspend work on the project upon sixty (60) days written notice to CITY, but only in the event of substantial failure of performance by CITY or in the event CITY abandons or indefinitely postpones the Project. E. Upon termination of this Agreement or suspension of work on the project by either CITY or CONSULTANT, all duties of CITY and CONSULTANT as set forth in Sections 5 and 6 herein above shall terminate. 6

16 SECTION 12 - STATUS OF REPORTS All documents furnished to CONSULTANT by the CITY and all reports and supportive data prepared by the CONSULTANT under this Agreement are the CITY'S property and shall be delivered to the CITY upon the completion of CONSULTANT'S services or at the CITY'S written request. All reports, information, data, and exhibits prepared or assembled by CONSULTANT in connection with the performance of its services pursuant to this Agreement are confidential until released by the CITY to the public, and the CONSULTANT shall not make any of these documents or information available to any individual or organization not employed by the CONSULTANT or the CITY without the written consent of the CITY before any such release. SECTION 13 - INSURANCE The CONSULTANT shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000, each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. B. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000, each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles. C. Errors and omissions insurance in the minimum amount of $1,000, aggregate. D. Workers Compensation in at least the minimum statutory limits. E. General Provisions for all insurance. All insurance shall: 1. Include the City of San Mateo, its elected and appointed officials, employees, and agents as additional insureds, except errors and omissions, with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds. The additional insured requirement shall apply only to the coverage specified in paragraphs A and B. 2. Be primary with respect to any insurance or self-insurance programs of City, its elected and appointed officials, employees, and agents. 3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance. 4. No changes in insurance may be made without the written 7

17 approval of the City Attorney's Office. 5. NOTICE OF CANCELLATION: The city requires 30 days written notice of cancellation, except for 10 days notice in case of nonpayment of premium. Additionally, the notice statement on the certificate should not include the wording endeavor to or but failure to mail such notice shall impose no obligation of liability of any kind upon the company, its agents or representatives. SECTION 14 - NONASSIGNABILITY Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY. SECTION 15 - INDEMNITY With regard to design professional services performed by CONSULTANT, CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents, from and against any and all claims, loss, liability, damage, and expense to the extent arising out of CONSULTANT s negligence, recklessness, or willful misconduct. CONSULTANT agrees to defend CITY, its elected and appointed officials, employees, and agents, against any such claims to the extent of CONSULTANT s negligence, recklessness, or willful misconduct. With regard to CONSULTANT s activities other than professional services as discussed above, CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents, from and against any alleged claims, loss, liability, damage, and expense arising out of CONSULTANT s performance of this Agreement, except those claims arising out of CITY s active negligence or willful misconduct. CONSULTANT agrees to defend CITY, its elected and appointed officials, employees, and agents, against any such claims. SECTION 16 - WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. 8

18 SECTION 17 - SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. SECTION 18 - COSTS AND ATTORNEYS FEES Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney s fees arising out of an action, or actions to enforce the provisions of this Agreement. SECTION 19 - NON-DISCRIMINATION CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its sub-consultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. SECTION 20 - MEDIATION Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 9

19 SECTION 21 - LITIGATION CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT'S services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT'S wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT'S standard hourly rates at the time of actual testimony. SECTION 22 - NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows: To CITY: To CONSULTANT Larry Patterson Director of Public Works City of San Mateo 330 West 20th Avenue San Mateo, California {name} {title} {company} {address} {city, state, zip} SECTION 23 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENTS This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONSULTANT. SECTION 24 AUTHORITY TO ENTER INTO AGREEMENT CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 10

20 SECTION 25 - SEVERABILITY If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. SECTION 26 - GOVERNING LAW This Agreement shall be governed by the laws of the State of California. SECTION 27 - VENUE In the event of litigation, venue will be in the County of San Mateo. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written. CITY OF SAN MATEO CONSULTANT Brandt Grotte, Mayor Its Authorized Agent (Print/Type Name) DATE DATE ATTEST: Patrice M. Olds, City Clerk APPROVED AS TO FORM: Gabrielle Whelan, Assistant City Attorney Attachments: Exhibit A: Scope of Services Exhibit B: Rate and Cost Schedule Including Hourly Rates, Sub-Consultants and Reimbursable Expenses 11

21 For Information Only CITY OF SAN MATEO INSURANCE REQUIREMENTS WORKERS COMPENSATION INSURANCE: Minimum statutory limits. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: Liability and Property Damage Combined. General $1,000, per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. Prior to commencement of services, insurance coverage must be evidenced by a properly executed policy endorsement showing that the insurance is primary with respect to any insurance or self insurance programs of City, its elected and appointed officials, employees, and agents and additional insured coverage in addition to a certificate of insurance (sample endorsement attached). and it shall name "The City of San Mateo, its elected and appointed officials, employees and agents, as additional insureds." AUTOMOBILE LIABILITY INSURANCE: Automobile Liability Bodily and Property Damage Combined, $1,000, aggregate. Such insurance shall include coverage for owned, hired, and non-owned automobiles. This insurance must be primary with respect to any insurance or self insurance programs of City, its elected and appointed officials, employees, and agents. Prior to commencement of services, insurance coverage must be evidenced by a properly executed policy endorsement showing that the insurance is primary with respect to any insurance or self insurance programs of City, its elected and appointed officials, employees, and agents and additional insured coverage in addition to a certificate of insurance. and it shall name "The City of San Mateo, its elected and appointed officials, employees and agents, as additional insureds." ERRORS AND OMISSIONS INSURANCE: in the minimum amount of $1,000, aggregate. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. To prevent delay and insure compliance with the requirements of the specifications, the insurance certificates and endorsements must be returned to: Evan Albert PUBLIC WORKS DEPT. CITY OF SAN MATEO 330 West 20th Avenue San Mateo, CA

22 SAMPLE ENDORSEMENT POLICY NUMBER: XXXXXXXXX THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART AUTOMOBILE LIABILITY COVERAGE PART Name of Person or Organization: SCHEDULE The City of San Mateo, its elected and appointed officials, employees and agents are named as additional insured. This insurance shall apply as primary insurance as respects any Person, Organization, Partnership or Joint Venture named above, and any other insurance available to such Person, Organization, Partnership or Joint Venture shall be excess and not contributory with the insurance afforded by this policy. 13