REQUEST FOR PROPOSALS for COMPREHENSIVE FACILITY CONDITION ASSESSMENTS CITY HALL AND RECREATION CENTERS for CITY OF SAN MATEO, CALIFORNIA

Similar documents
AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES CITY OF SAN MATEO PUBLIC WORKS DEPARTMENT

REQUEST FOR PROPOSALS. City of San Mateo/EMID Waste Water Treatment Plant On-Call Construction Management and Support Services

REQUEST FOR PROPOSALS for Indian Springs Park Tree Risk Assessment and Species Conversion Feasibility Study. City of San Mateo, CA

Request for Proposals. Safety Program Support Services and Training

CONTRACT FOR SERVICES RECITALS

ARCHITECT OF RECORD & DSA CLOSEOUT CERTIFICATION SERVICES RFQ# 029

CITY OF MONTEREY REQUEST FOR PROPOSALS TO PROVIDE ON-CALL REALTOR SERVICES FOR AFFORDABLE HOUSING

Request for Proposals. Asset Management Program Phase I. Public Works Department City of San Mateo 330 West 20th Avenue San Mateo, CA 94403

CONTRACT SERVICES AGREEMENT FOR CONSULTANT SERVICES TO PERFORM DESIGNATED PROFESSIONAL SERVICES

RECITALS. NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: TERMS

CITY OF SALINAS REQUEST FOR QUALIFICATIONS HISTORIC ARCHITECT SERVICES

PROFESSIONAL SERVICES AGREEMENT. For On-Call Services WITNESSETH:

REQUEST FOR PROPOSALS TELEPHONE SYSTEM

Master Professional Services Agreement

CITY OF MONTEREY REQUEST FOR PROPOSALS FINANCIAL ADVISORY SERVICES. City of Monterey Finance Department 735 Pacific Street, Suite A Monterey, CA 93940

CONSULTANT SERVICES AGREEMENT

Request for Proposal. For Financial and Accounting Services

City of Redmond, Washington Purchasing Division, M/S: 3SFN NE 85th Street PO Box Redmond, WA

REQUEST FOR PROPOSAL FOR AUDIT SERVICES City of Yreka, California Dated February 08, 2018

AGREEMENT FOR CONSTRUCTION PROJECT MANAGEMENT SERVICES

City of Beverly Hills Beverly Hills, CA

CITY OF CORSICANA REQUEST FOR PROPOSALS (RFP) FOR ANALYSIS AND AUDITS OF MUNICIPAL FRANCHISE COLLECTIONS

CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT

CITY OF OAK HARBOR REQUEST FOR PROPOSAL

REQUEST FOR PROPOSALS For On-Call Construction Inspection Services CITY OF SAN MATEO, CALIFORNIA

PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF SNOHOMISH, WASHINGTON AND FOR CONSULTANT SERVICES

April 27, 2017 REQUEST FOR PROPOSALS (RFP) FOR PROFESSIONAL LAND SURVEYING SERVICES

WATER QUALITY MAINTENANCE-SPARKS MARINA CANAL CITY OF SPARKS, NEVADA

NAPA SANITATION DISTRICT Napa, California

Request for Proposal. Municipal Facility Space Needs Assessment City of Burnsville, MN

PADRE DAM MUNICIPAL WATER DISTRICT PROFESSIONAL SERVICES AGREEMENT

Telemetry Upgrade Project: Phase-3

CITY OF LA CENTER 214 EAST 4 TH STREET LA CENTER, WA Ph: Fax:

SARPY COUNTY AND SARPY CITIES WASTEWATER AGENCY

Colusa Veterans Hall Bathrooms and Kitchen Remodel Contract

FIXTURING/INSTALLATION AGREEMENT

FORM CONTRACT FOR INDIGENT DEFENSE SERVICES

ON-CALL CIVIL ENGINEERING CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF PITTSBURG AND [NAME OF CONSULTANT]

NOTICE OF REQUEST FOR PROPOSALS TOWN OF CHAPEL HILL, NORTH CAROLINA FOR DOWNTOWN MUNICIPAL SERVICE DISTRICT (MSD) SERVICES

AGREEMENT BETWEEN THE VENTURA COUNTY TRANSPORTATION COMMISSION AND Conrad LLP FOR PROFESSIONAL SERVICES

PERSONAL SERVICES CONTRACT County of Nevada, California

Request for Qualifications (RFQ #704-18) Establish a Hybrid Law Enforcement Model Consulting & Support Services

Submitter shall provide the following services: A. SCOPE OF SERVICES: Professional Engineering Services - Construction Services

Services Agreement for Public Safety Helicopter Support 1

City of La Palma Agenda Item No. 5

CITY OF EL PASO DE ROBLES The Pass of the Oaks

Management of Jobing.com Arena

REQUEST FOR PROPOSALS Comprehensive User Fee Study and Full Cost Allocation Plan

REQUEST FOR PROPOSAL: 8/25/2012 NUMBER OF COPIES TO SUBMIT: TWO (2) Page 1

City of Loveland, Ohio

REQUEST FOR PROPOSAL EAP ADMINISTRATION CITY OF OVERLAND PARK

REQUEST FOR PROPOSALS

REQUEST FOR QUALIFICATIONS Bailey Cove Transmission Main Phase 1

RFP GENERAL TERMS AND CONDITIONS

PERSONAL SERVICES CONTRACT

CITY OF TRACY MASTER REQUEST FOR PROPOSALS BUILDING AND FIRE INSPECTION AND PLAN REVIEW SERVICES: MAY 1, 2014 TO APRIL 30, 2017 Page 2 of 5

REQUEST FOR PROPOSALS (RFP) ARBORIST CONSULTANT SERVICES

REQUEST FOR PROPOSAL LOOMIS PARK MASTER PLAN GENERAL INFORMATION LOOMIS PARK MASTER PLAN

Instructions / Face Sheet for INDEPENDENT CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES (CONSTRUCTION-RELATED)

EXHIBIT C PROFESSIONAL SERVICES CONTRACT TEMPLATE

SECTION III: SAMPLE CONTRACT AGREEMENT FOR SERVICES

INDEPENDENT CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES FF&E CONSULTING SERVICES

CONSULTING AGREEMENT

City of Daly City. REQUEST FOR PROPOSALS for DALY CITY SYSTEMIC SAFETY ANALYSIS REPORT

REQUEST FOR PROPOSALS. For. Consulting Services for Enterprise Resource Planning (ERP) System Requirements Analysis and RFP Development

SKLYINE BOULEVARD PAVEMENT REPAIR PROJECT

Staff Report. Scott Conn, Network & Operations Manager (925)

AGREEMENT BETWEEN THE CITY OF BLOOMINGTON, MINNESOTA AND INDEPENDENT SCHOOL DISTRICT #271 OLDER ADULT FITNESS PROGRAMS

HCAOG CONSULTANT SERVICES CONTRACT FOR PREPARATION OF THE

WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS EQUIPMENT PURCHASE AGREEMENT

REQUEST FOR PROPOSALS For: Youth Sports Officials and Scorekeepers

CITY OF MOBILE REQUEST FOR QUOTES. July 25, Museum Drive Mobile, AL 3660

City of Malibu Request for Proposals for Actuarial Analysis and Report on Other Post-Employment Benefits (OPEB)

Staff Report. City Council Sitting as the Local Reuse Authority

Excellent project-management and relationship-development skills. Ability to work cooperatively with organizational and community stakeholders.

Appendix C. Standard Form of Agreement Between [Consultant] and the Iowa Department of Transportation with Standard Form of Consultant's Services

City of Henderson PO Box 716 Henderson, Kentucky REQUEST FOR PROPOSALS # 14-25

Request for Proposal Financial Advisory Services 2013 RFP NO.: 7211

Staff Report. Suzanne McDonald, Financial Operations Manager (925)

SAMPLE CONTRACT BETWEEN THE BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS AND CONTRACTOR NAME FOR SERVICES

REQUESTS FOR PROPOSALS ACTUARIAL SERVICES

Staff Report. Andrea Ouse, Director of Community and Economic Development Abhishek Parikh, Transportation Manager

CITY OF DELANO REQUEST FOR PROPOSALS

REQUEST FOR PROPOSAL 3068 FOR METRO ETHERNET CONNECTIVITY

REQUEST FOR PROPOSALS

INDEPENDENT CONTRACTOR AGREEMENT AND SERVICE PROVIDER TERMS OF SERVICE

Request for Proposal Workers Compensation Third Party Claims Administration Services For the City of San Mateo 2018

AGREEMENT FOR SERVICES FOR CDBG PROGRAM

COWLEY COUNTY, KANSAS REQUEST FOR PROPOSAL. SALARY STUDY SUBMITTAL DEADLINE June 1, 2012 RFP NUMBER

ATTACHMENT C STANDARD TERMS AND CONDITIONS CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LONG BEACH AND NAME STREET AND P.O.

REQUEST FOR QUALIFICATIONS ARCHITECTURAL SERVICES FOR DOUGLAS CITY HALL RENOVATIONS DOUGLAS, WYOMING

City of Coolidge 130 W. Central Avenue Coolidge, Arizona (520) TDD: (520) / Fax: (520)

PROPOSAL DUE DATE: May 25, 2018 at 10:00 AM at City Clerk s office, 23 Russell Boulevard, Davis, 95616

EXHIBIT C AGREEMENT FOR E-WASTE TRANSPORTATION AND RECYCLING SERVICES

CITY COUNCIL CONSENT CALENDAR

REQUEST FOR PROPOSALS RFP DH Small Boat Harbors Parking Management Consulting Services

PROFESSIONAL SERVICES AGREEMENT For Project Description, Project #

REQUEST FOR PROPOSALS FOR DESIGN OF THE GRAPE DAY PARK RESTROOM PROJECT

SUBCONTRACT CONSTRUCTION AGREEMENT

Request for Qualifications Facilities Condition Assessment and Development Consulting Services City of Mobile Mobile, Alabama PL

Transcription:

REQUEST FOR PROPOSALS for COMPREHENSIVE FACILITY CONDITION ASSESSMENTS CITY HALL AND RECREATION CENTERS for CITY OF SAN MATEO, CALIFORNIA The City of San Mateo is issuing this Request for Proposals (RFP) for the purpose of obtaining comprehensive forensic building evaluations (architectural, structural, mechanical, electrical, plumbing and water instruction), corrective recommendations; budget estimates for the corrective work; and an estimated schedule for the completion of all recommended corrective work at the City-owned facilities listed below: 1. Beresford Recreation Center, 2720 Alameda de las Pulgas 2. Central Recreation Center, 50 East 5 th Avenue 3. City Hall, 330 W. 20 th Avenue 4. Joinville Swim Center, 2111 Kehoe Avenue 5. King Community Center and Swim Center, 725 Monte Diablo Avenue 6. Lakeshore Recreation Center, 1500 Marina Court 7. Parkside Aquatic Park, 1595 Seal Street 8. Senior Center, 2645 Alameda de las Pulgas 9. Shoreview Recreation Center, 940 Ocean View Avenue. The City of San Mateo will contract with the firm or partnering firms that can provide the required services for this specific scope of work. All questions regarding this RFP should be directed to Gogo Heinrich, Project Manager (650) 522-7361 or gheinrich@cityofsanmateo.org. Proposals shall be submitted by firms or partnering firms that are capable and can demonstrate proven backgrounds in the type of work described in Section III, PRELIMINARY SCOPE OF WORK, of this notice. In addition, all interested firms or partnering 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 proposals shall be submitted to the City Clerk Office at City Hall, 330 W. 20 th Avenue, Attention: Gogo Heinrich, no later than 4:00 PM on Friday, August 9, 2013. Each proposer shall submit four (4) bound sets of the proposal and a CD in accordance with Section V of the RFP. A site visit will take place on Monday, July 29, 2013 at 2:00 p.m. starting at City Hall, 330 W. 20 th Avenue, San Mateo. The site visit is not mandatory, however all applicants are welcome and encouraged to attend this site visit. Questions may be submitted prior to the visit. Written responses will be made available to all participants at the site visit. Questions may be submitted electronically to Gogo Heinrich at gheinrich@cityofsanmateo.org. Page 1 of 19

I. BACKGROUND The City of San Mateo, with a population of approximately 97,000, is located on the San Francisco peninsula, approximately midway between San Francisco and San Jose with convenient access to three international airports, San Francisco, San Jose and Oakland. Three major highways, Interstate 280, Highway 101 and State Route 92 all serve the City. San Mateo has a vibrant and active downtown, multiple parks and recreation facilities, and civic facilities including City Hall, police stations, fire stations and libraries. The specific buildings to be included in this City of San Mateo facilities assessment are: 1. Beresford Recreation Center a. Beresford Change Building 1,948 sf b. Beresford Garden Center 2,550 sf c. Beresford Recreation Center 15,616 sf 2. Central Park a. Central Park Art Studio 2,000 sf b. Central Park Recreation Center 5,760 sf 3. City Hall Complex 38,652 sf 4. Joinville Swim Center 4,222 sf 5. King Community Center and Swim Center 24,500 sf 6. Lakeshore Recreation Center 3,710 sf 7. Parkside Aquatic Park 2,500 sf 8. Senior Center 14,100 sf 9. Shoreview Recreation Center 4,780 sf The City of San Mateo is soliciting proposals from qualified firms and partnering firms to perform comprehensive facility condition assessments provide corrective recommendations, budget estimates for the recommended work and a proposed timeline for the completion of this work. II. MINIMUM QUALIFICATIONS 1. Minimum of five years of experience in the following disciplines: a. building forensics b. structural engineering c. mechanical engineering d. waterproofing e. roofing f. exterior façade g. estimating h. scheduling 2. Experience with similar types of buildings 3. Experience with providing architectural engineering solutions 4. Experience recommending energy efficiency means and methods III. PRELIMINARY SCOPE OF WORK (a more detailed scope of work will be developed and included in the Professional Consultant Services Contract with the selected firm or partnering firms) Page 2 of 19

1. Comprehensive facility condition assessments 2. Provide corrective recommendations 3. Provide preventative maintenance recommendations 4. Provide budget estimates for all recommended corrective work and preventative maintenance work 5. Provide projected schedule for the completion of all recommended corrective work and preventative maintenance work. IV. DELIVERABLES The deliverables shall include an electronic and hard copy report with findings and deficiencies (including items that are out of compliance with building codes), photographs to document existing conditions, and cost estimates. 1. Building Envelope, to include the condition of the outer shell of the building including walls, doors and windows. Include assessment of the roof. Provide recommendations for additional lead/asbestos abatement (areas identified as needing immediate attention should be listed as high priority). 2. Structural integrity, including walls and foundation. 3. Interior walls, ceilings, flooring and signage. 4. Mechanical systems, HVAC, exhaust, ventilation, controls and instrumentation. 5. Electrical systems, both interior and exterior, including distribution and lighting. 6. Plumbing systems, both interior and exterior. 7. Elevator systems. 8. Life Safety. 9. Security. 10. Traffic/Pedestrian Safety. 11. Americans with Disabilities Act (ADA) Accessibility. 12. Preventative maintenance. V. SUBMISSION INFORMATION 1. Site Visit: A site visit will be conducted on Monday, July 29, 2013 at 2:00 p.m. All applicants are invited to attend this site visit. Please meet at City Hall, 330 W. 20th Avenue, San Mateo. Questions may be submitted electronically prior to the site visit. Written responses will be made available to all participants at the site visit. Questions may be submitted to: Gogo Heinrich at gheinrich@cityofsanmateo.org 2. Application Submittal: A complete package will and must be submitted in order to be considered and must include four hard copies and a PDF of the entire submittal package on a CD. Incomplete submittals will not be accepted. A. Submittal packages must include the following: Cover Letter a cover letter highlighting the qualifications as they relate to this project Relevant Projects descriptions of relevant building evaluations and the services provided by the firm or partnering firms Page 3 of 19

Resumes resumes of no more than one page each for each member of the project team References at least three current references including complete contact information from those who have personal knowledge of the applicant s ability to successfully complete this type of assignment Fee Schedule itemization of services requested Estimated Project Schedule Ability to fulfill the City s insurance requirements and indemnification of any modifications requested to the City s Professional Consulting Services Agreement. B. Submission Date and Location: Complete proposal packets must be received no later than 4:00 p.m. on Friday, August 9, 2013. Proposals should be submitted to: City Clerk, City of San Mateo 330 W. 20 th Avenue San Mateo, CA ATTN: Gogo Heinrich, Project Manager VI. SELECTION PROCESS 1. Selection Process: Proposals will be evaluated and ranked by City of San Mateo staff. City will assess the submitting firm s qualifications, experience and strength of the proposer in terms of resources and the ability to perform the work. The proposals receiving the highest ranking are likely to be invited for an interview. City may, at its discretion, request that an applicant modify or supplement their submission with additional information. 2. The City intends to identify a Comprehensive Building Evaluation firm and then enter into an agreement for these comprehensive building evaluation services. The agreement will be based on the City s standard Professional Consulting Services Agreement (Exhibit C) and reflect the terms and conditions of the proposal plus the City s standard liability and insurance requirements. The City reserves the right to clarify any issues or obtain additional information, as necessary. 3. Evaluation Criteria: Proposals may be evaluated based upon, but not limited to, the following criteria: The firm s experience in preparing facility condition assessment reports The firm s experience in forensic building analysis The firm s experience with similar type buildings The qualifications of the firm s proposed team The firm s references Cost Relevant licenses (i.e. a California State Contractor s license and/or a professional architect or engineer license issued by the State of California) 4. Tentative Timetable: July 22, 2013 RFP Issued Page 4 of 19

July 29, 2013 Site Visit Aug. 9, 2013 4 PM Closing deadline for RFP submittal Aug. 14-15, 2013 Aug. 16, 2013 Interviews with top-ranking applicants Award of Contract All costs incurred during the proposal preparation or in any way associated with the applicant s preparation, submission, presentation or oral interview shall be the sole responsibility of the applicant. Receipt of proposals in response to this RFP does not obligate the City in any way to engage any firm and the City reserves the right to reject any and all proposals, wholly or in part, at any time, without penalty. The City shall retain the right to abandon the selection process at any time prior to the actual execution of a contract with a firm, and the City shall bear no financial or other responsibility in the event of such abandonment. The City reserves the right to negotiate all final terms and conditions of any agreements entered into. If, at any point, the first-ranked firm declines to proceed, the City may, at its own discretion, enter into an agreement with the second-ranked firm, and so on. We look forward to your participation in this project. Inquiries may be directed to: Gogo Heinrich, Project Manager (650) 522-7361 gheinrich@cityofsanmateo.org Exhibit A Site Plan Exhibit B - Photographs Exhibit C - Sample Professional Consultant Services Agreement Page 5 of 19

EXHIBIT A Page 6 of 19

EXHIBIT B City Hall Beresford Recreation Center Central Recreation Center Page 7 of 19

Joinville Swim Center King Recreation Center Lakeshore Recreation Center Page 8 of 19

Parkside Aquatic Center Senior Center Shoreview Recreation Center Page 9 of 19

EXHIBIT C AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES CITY OF SAN MATEO PUBLIC WORKS DEPARTMENT FOR COMPRENSIVE FACILITY CONDITION ASSESSMENTS [name of 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 services hereinafter described. B. CITY desires to engage CONSULTANT to provide these professional services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, IT IS AGREED as follows: SECTION 1 - SCOPE OF SERVICES The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A, Scope of Services, attached and incorporated by reference. 2.1 CITY SECTION 2 - PROJECT COORDINATION/STAFFING LARRY PATTERSON, DIRECTOR OF PUBLIC WORKS will be the representative of CITY for all purposes under this Agreement. Gogo Heinrich is hereby designated as the PROJECT MANAGER and shall supervise the day to day progress and execution of this Agreement. Page 10 of 19

2.2 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 sub-consultants work into the project as necessary. 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 3 - DUTIES OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work. CONSULTANT represents that it is qualified to furnish the services described under this Agreement. Page 11 of 19

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT. SECTION 4 - DUTIES OF CITY CITY shall provide pertinent information regarding its requirements for the project. CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT'S work. SECTION 5 - TERM The services to be performed under this Agreement shall commence on and be completed on or about. SECTION 6 - 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, attached and incorporated by reference. CONSULTANT shall bill the CITY within thirty (30) days for all compensable activity on the project. SECTION 7 TERMINATION Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice. Upon termination and upon CITY'S payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation. SECTION 8 - OWNERSHIP OF DOCUMENTS All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not. Page 12 of 19

SECTION 9 - CONFIDENTIALITY All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release. SECTION 10 - INTEREST OF CONSULTANT CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement. SECTION 11 - CONSULTANT'S STATUS It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent 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 12 - INDEMNITY 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 13 - INSURANCE The CONSULTANT shall provide and maintain: A. Commercial General Liability Insurance, occurrence form, with a limit of not less that $1,000,000.00 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 $1,000,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles. C. Errors and omissions insurance in the minimum amount of $1,000,000.00 aggregate. D. Workers Compensation and Employer s Liability in at least the minimum statutory limits. Page 13 of 19

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 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 non-payment 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. Note: See Insurance Requirements and Sample Endorsement attached to this Agreement. 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 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation. SECTION 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, Page 14 of 19

ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. SECTION 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 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 subcontractors 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. Page 15 of 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: Larry A. Patterson Director Of Public Works City of San Mateo 330 W. 20th Avenue San Mateo CA 94403-1388 To CONSULTANT: SECTION 23 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONSULTANT. SECTION 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. SECTION 25 - GOVERNING LAW This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo. Page 16 of 19

IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written. CITY OF SAN MATEO, a municipal corporation LARRY A. PATTERSON DIRECTOR OF PUBLIC WORKS CONSULTANT By Its Authorized Agent Printed name and title* *If a Corporation, can be either 1) President or 2) Vice President plus an additional corporate officer (i.e., Secretary, Treasurer) who shall sign below ADDITIONAL CORPORATE OFFICER (if necessary per the above) By: Printed name and title of additional corporate officer Attachments: Exhibit A: Scope of Services Exhibit B: Rate and Cost Schedule Including Hourly Rates, Sub-Consultants and Reimbursable Expenses Page 17 of 19

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 $1,000,000.00 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, $1,000,000.00 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 $1,000,000.00 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: GOGO HEINRICH, PUBLIC WORKS DEPT. CITY OF SAN MATEO 330 West 20th Avenue San Mateo, CA 94403 Page 18 of 19

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 p Page 19 of 19