PROFESSIONAL SERVICES AGREEMENT
by and between
THE CITY OF BURBANK
and
STANTEC CONSULTING SERVICES, INC.
dated as of November 1, 2023
Attachment 1
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”), is made and entered into this 1st day of November, 2023 (the “Effective Date”), by and between THE CITY OF BURBANK, a municipal corporation (the “City”) and STANTEC CONSULTING SERVICES, INC. (the “Consultant”). The City and the Consultant are herein referred to, individually, as a “Party”, and, collectively, as the “Parties”.
City and Consultant agree as follows:
1.0 Services. Consultant, as an independent contractor, agrees to perform during the term of this Agreement, each and every service described in the “Scope of Services” set forth on Exhibit A to this Agreement (the “Scope of Services”). The initiation of service by the Consultant should not commence until all of the following conditions have been satisfied:
(a) Consultant has furnished all of the insurance documents required by Section 10.0 below; and
(b) Consultant has furnished any required supporting
documentation required by Sections 16.0 below.
(c) Consultant shall perform each service within the Scope of Services only to the extent of the specific written authorization or notice to proceed provided by the City Project Manager, which shall direct the Consultant to proceed with the services listed in the Scope of Services, or any portion therein. To the extent that the Scope of Services involves more than one service, Consultant shall only be entitled to payment for services upon City Project Manager’s written authorization or notice to proceed with such service. The services of the Consultant shall include the making of all investigations, studies, and analysis required by the conditions involved in each request of the City Project Manager. The Scope of Services shall not be modified without an amendment executed by the authorized representatives of each Party.
1.1 Extra Services
Unless City and Consultant have agreed in writing before the performance of extra services that are beyond the Scope of Services , City shall have no liability for suc h extra services and Consultant shall Attachment 1 - 2
have no right to claim compensation for such extra services or expenses. The applicable hourly rates for authorized extra services shall be at the hourly rates set forth in the Schedule of Compensation (Exhibit B) unless otherwise agreed to by the parties in writing.
2.0 Term of Agreement; Termination.
2.1 Term. The term of this Agreement is from the Effective Date until May 1, 2025; provided , however, that the term of this Agreement may be extended by written amendment executed by authorized representatives of each of the Parties or may be earlier terminated as provided in Section
2.2 below (the “Term”).
2.2 Termination by City. The City may terminate any or all of the services agreed to be performed under this Agreement without cause, at any time during the Term by giving the Consultant thirty (30) days’ notice in writing.
Either party may terminate this Agreement with cause, immediately upon giving the other party written notice of such default or breach of this Agreement that is the basis for the termination. Non-payment by the City of the Consultant's invoices within sixty (60) days from when payment is due and payable under this Agreement is agreed to constitute a material breach of this Agreement, and Consultant will provide a separate written notice at least thirty (30) days notice of this breach before termination of the agreement.
2.3 Effect of Termination. In the event of termination, Consultant shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Consultant within thirty (30) days following submission and approval of a final invoice by Consultant unless termination is for cause. In the event that such termination was for cause, Consultant shall be compensated only to the extent required by law.
3.0 Compensation and Schedule of Compensation . The total compensation (including, but not limited to all fees, expenses, reimbursements or other costs) payable by the City to the Consultant under this Agreement shall not exceed the sum of $439,721.00 (the “Cost of Services”). The Cost of Services shall not be increased without a written amendment executed by the authorized representatives of each Party. Consultant shall earn the compensation set forth in the Cost of Services in accordance with the “Schedule of Compensation” as attached to this Agreement as Exhibit B. No payment for expenses, labor or any other cost shall be paid to Consultant unless it is within the Scope of Services (Exhibit A).
Attachment 1 - 3
4.0 Personnel.
4.1 The staff person designated by Consultant to be the primary point of contact (the “Representative”) for day -to-day performance of thi s Agreement shall be:
Mohammad Heiat, PE
Principal-in-Charge and Contract Manager
38 Technology Drive, Irvine, CA 92618
(949) 322-8083
[email protected]
Representative shall be a key member of Consultant’s firm, and shall be directly involved in performing, supervising or assisting in the performance of the Scope of Services under this Agreement. The Representative shall be the key person to communicate w ith, and periodically report to, City on the progress of the work. The Consultant may, from time to time, remove or replace the Representative designated in this Agreement only with prior written consent by the City’s Designated Official.
4.2 The services to be performed by Consultant shall be accomplished under the general direction of, and coordinat ion with, the staff person designated by the City serving as the project manager (the “City Project Manager”). The City Project Manager designated by the City for day-to- day administration of this Agreement shall be:
Artin Megerdichian
Principal Civil Engineer
150 N. Third Street, Burbank, CA 91502
818-238-3942
[email protected]
The City may, from time to time, remove or replace the City Project Manager designated in this Agreement by written notice to Consultant.
The City Project Manager has no authority to execute any amendments, consents or waivers on behalf of the City.
4.3 With respect to matters that extend beyond the day-to-day administration of this Agreement, the City designates Ken Berkman, Public Works Director, (the “Designated Official”) to handle such matters. 818-238-3915
[email protected]
Attachment 1 - 4
5.0 Invoicing and Payment. Consultant shall provide City with written verification of the actual compensation earned, which written verification shall be in a form reasonably satisfactory to the City Project Manager. Invoices shall be made no more frequently than on a monthly basis and no less frequently than every 60 days, and shall describe in reasonable detail the work performed (including a list of hours worked by personnel classification) together with any receipts, invoices or other documentable expenses that are reimbursable under the Schedule of Compensation. All payments shall be made within thirty (30) days after City’s approval of such invoice.
6.0 Standard of Skill. Consultant, and Consultant's officers, employees and agents, if any, are skilled in the professional calling necessary to perform the work agreed to be done pursuant to this Agreement. The work performed by Consultant shall be with the degree of skill and diligence normally practiced in the industry for which Consultant is being retained by the City. To the extent that Consultant’s industry is subject to guidelines, rules or other standards, Consultant shall ensure that it complies with such guidelines, rules or other standards. The accep tance of Consultant's work by the City shall not operate as a release of the Consultant from such standard of care and workmanship.
7.0 Independent Contractor. Consultant is retained and engaged by the City only to the extent set forth in this Agreement, and the Consultant's relationship to the City is that of an independent contractor. Consultant shall be free to dispose of all portions of Consultant's time and activities which Consultant is not obligated to devote to the City in such a manner and to such persons, firms, or corporations as the Consultant sees fit except as e xpressly provided in this Agreement. Consultant shall not be considered to have the status of an employee under this Agreement or be entitled to participate in any insurance, medical care, vacation, sick leave, or other benefits provided for City's officers or employees. Consultant shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the performance by the Consultant (including any of its officers, employees or other agents) of its obligations under this Agreement. Consultant has no authority to bind City in any manner or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless su ch authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by the City.
8.0 Hold Harmless and Indemnity. Consultant shall fully and promptly undertake its obligations as set forth below:
8.1 Hold Harmless. To the fullest extent provided by law, Consultant holds City, its elected officials, officers, agents, and employees, harmless from all of Consultant's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Consultant, to Consultant's employees, to Consultant’s contractors or subcontractors, or to the owners of Consultant's firm, which damages, losses, injuries or liability Attachment 1 - 5
occur during the work required under this Agreement, or occur while Consultant is on City property, or which are connecte d, directly or indirectly, with Consultant's performance of any activity or work required under this Agreement.
8.2 Defense and Indemnity . Consultant shall investigate, defend, and indemnify City, its elected officials, officers, agents, and employees, from a ny claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of any intellectual property rights (including, copyright, patent and trademark), or professional errors and omissions arising out of, directly or indirectly, any error, negligence, recklessness, or omission of Consultant or any of Consultant’s officers, agents, employees, representatives, sub-consultants, or subcontractors, or the willful misconduct of Consultant or any of Consultant’s officers, agents, employees, representatives, sub -consultants, or subcontractors, in performing the services described in, or normally associated with, the work required under this Agreement , or breach by Consultant of this Agreement. The duty to defend shall include any suits or actions concerning any activity, product or work required under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto. For avoidance of doubt and notwithstanding the above, any duty to defend or indemnify shall only apply to the extent permitted under California Civil Code Section 2778.
8.3 No Waiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 10.0 below.
9.0 Correction or Re-Performance of Work. If City believes that any of the work performed under this Agreement does not comply with the terms of this Agreement, City may deliver notice to Consultant. Such City’s notice shall describe how the work performed, including any deliverables resulting from such work, does not meet the requirements of this Agreement, including failure to meet the applicable standard of care set forth in Section 6.0 and, upon City’s sol e discretion, may also make a request for Consultant to re -perform the services. If City requests Consultant to re -perform services , Consultant shall promptly re - perform the services at no additional cost to City in a reasonably timely manner .
Should Consultant fail to make such correction or re-performance, the cost thereof shall be withheld from any funds due to Consultant hereunder or charged to Consultant with such amounts to be paid by Consultant within thirty (30) days of receipt of such invoice.
Attachment 1 - 6
10.0 Insurance.
10.1 Insurance Coverage. Consultant shall maintain, throughout the Term, the insurance coverage set forth in the “Insurance Requirements” as attached to this Agreement as Exhibit C.
10.2 Delivery of Certificates of Insurance and Endorsements . Prior to the commencement of any work b y Consultant under this Agreement , Consultant shall provide the City with copies of certificates (on an Accord form as modified per C ity direction) for all policies together with the appropriate endorsements required in Exhibit C. At the request of the City, Consultant shall deliver a copy of its insurance policies.
10.3 Failure to Maintain Insurance. If Consultant receives a cancellation notice of any insurance required by this Agreement, Consultant shall, within one day of receipt, forward said notice to City Project Manager. If Consultant at any time during the Term of this Agreement, should fail to secure or maintain any insurance required under this Agreement, the City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the cost of the insurance premiums at the maximum rate permitted by law computed from the date written notice is received that the premiums have been paid. Such costs can be assessed by deducting such costs from any amounts due and payable to the Consultant as compensation under the terms of this Agreement.
11.0 Work Product.
11.1 Deliverables. Consultant shall deliver to the City the studies, plans, specifications, drawings, photographs, maps, videos, records, designs, data, reports, documents or other work products as are identified in the Scope of Services (“ Work Product”). The City may also request, and Consultant shall provide to City, copies of all other information developed in the course of the Consultant’s performance of this Agreement.
Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. Consultant shall, upon request by City and upon completion or termination of this Agree ment, deliver to the City all Work Product produced by the Consultant. Consultant represents and warrants that upon delivery of the Work Product, such Work Product shall be free of all liens, security interests or any other encumbrances.
11.2 Ownership. Each and every item that constitutes Work Product produced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive Attachment 1 - 7
property of the City.
12.0 Confidentiality.
12.1 Non-Disclosure Exemptions. Consultant may be granted access to information that is exempt from disclosure to the public and may contain “trade secrets” when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in the California Public Records Act.
12.2 Confidentiality Obligation . Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the Term of this Agreement without the prior written consent of the Designated Official during the Term of this Agreement and this obligation shall survive for a period of two (2) years after the termination of this Agreement . Notwithstanding the foregoing, the confidentiality obligations imposed by this Agreement shall survive as to any of the following information (a) a trade secret under applicable law for so long as such information constitutes a trade secret thereunder, (b) each utility customer’s “data” u nder applicable law unless Consultant has secured such customer’s express, written consent to release of such customer’s information , (c) any information classified by City as “critical infrastructure information” or “protected critical infrastructure information” or “protected system,” or (d) any other documentation that has been identified as confidential by City until City has advised Consultant in writing that such information may be released.
13.0 Acceptance of Final Payment by Consultant. The acceptance by Consultant of the final payment made under this Agreement shall release City from all claims and liabilities for compensation to or for the benefit of Consultant for anything done, furnished, or relating to Consultant's work or services. Acceptance of p ayment shall be any negotiation of City's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check; provided, however, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, agents, subcontractors and subconsultants for the satisfactory performance, accuracy and/or competency of the information provided and/or work performed by Consultant; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, agents, subcontractors and subconsultants.
Attachment 1 - 8
14.0 Records. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City, the Designated Official or the City Project Manager. Consultant shall maintain adequate records on services provided in sufficient detail to permit an evaluation of services.
All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide access to the Designated Official or designees at all proper times to such books and records, and gives the Designated Official or designees the right to examine and audit such books and records and to make transcripts as necessary, and to allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Consultant shall maintain such records for at least four years after the termination or final payment under this Agreement , whichever is later.
15.0 Conflict of Interest. Consultant agrees to be familiar with and comp ly with all applicable federal, state and local conflict of interest laws (including 2 CFR 200.318, if federal money is funding any part of this Agreement). Consultant represents and warrants that it is unaware of any City employee or official that has a financial interest in Consultant's business. During the Term of this Agreement and/or as a result of being awarded this Agreement, Consultant shall not offer or accept any financial interest in Consultant's business by any City employee or official.
16.0 Payee Registration Form. City shall provide a Payee Registration F orm to Consultant and Consultant shall deliver a completed registration form to the City.
Consultant acknowledges that this form is necessary for the City to process any payment for services hereunder.
17.0 Non-Appropriation of Funds . Payments due and payable to Consultant for current services are within the current annual budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year. City shall provide notice to Consultant in the event City fails to appropriate funds, and in such event Consultant's obligations under the Agreement shall immediately cease, except for completion of any services paid in advance if any.
18.0 Compliance with Laws. Consultant agrees to perform all of its obligations under this Agreement in accordance with all applicable federal, state and local laws, rules and regulations. This obligation shall include, but is not limited to, the following requirements set forth below:
18.1 Permits and Licenses. Consultant, at its sole expense, shall obtain and maintain during the Term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the Attachment 1 - 9
performance of services under this Agreement.
18.2 Anti-Terrorism Laws; Sancti ons. The Consultant represents and warrants that:
(1) it is not a person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control, United States Department of the Treasury or in Section 1 of Executive Order No. 13,224, 66 Fed. Reg. 49,079 (2001), issued by the President of the United States of America (Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism);
(2) it does not engage in any dealings or transactions with any such persons described above; and
(3) is not otherwise blocked, subject to sanctions under or engaged in any activity in violation of other United States economic sanctions, including but not limited to, Trading with the Enemy Act, the International Emergency Economic Powers Act, Accountability and Divestment Act or any other similar law or regulation with respect to any country, the Sudan Accountability and Divestment Act, any OFAC Sanctions Program, or any economic sanctions regulations administered and enforced by the United States or any enabling legislation or executive order relating to any of the foregoing.
19.0 Meet and Confer. The Parties agree to meet and confer concerning all claims, disputes or other matters in question between the Parties arising out of or relating to this Agreement or breach thereof prior to the institution of any litigation.
20.0 Waiver; Remedies Cumulative . Failure by a Party to insist upon the strict performance of any of the pr ovisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party's right to demand strict performance by such other Party in the future. No waiver by a Party of a default or breach of the other Party shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omissions by a Party to take any action with respect to such default or breach. No exp ress written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a Party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.
Attachment 1 - 10
21.0 Integrated Agreement; Construction. This Agreement, including any exhibit, schedule or addendum attached hereto, supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services hereunder, and contains all of the covenants and agreements between the Parties with respect to said services. The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose s of providing a public benefit and not strictly for or agains t any Party. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement.
In the event an inconsistency arises between any attachments (including any exhibit, schedule or addendum) and any term of this Agreement, the terms of this Agreement shall prevail. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent permitted successors and assigns.
22.0 Amendment; Modification. This Agreement may only be amended or otherwise modified upon written mutual agreement of each of the authorized representatives of the Parties.
23.0 Assignment. This Agreement is personal to the Consul tant and may not be assigned without the prior written approval of the Designated Official .
Notwithstanding the foregoing, any assignment in violation of this Section by the Consultant is voidable in the City’s sole discretion.
24.0 Use of t he Term “City .” Reference to “City” in this Agreement includes City Manager or any authorized representative acting on behalf of City.
25.0 Severability. If any part, term, or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state, or local governmental entity having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected by such holding.
26.0 Execution Counterparts. This Agreement may be executed in counterparts and each such duplicate counterpart shall constitute an original, any one of which may be used for any pur pose without the production of its duplicate counterpart.
Moreover, each counterpart shall be deemed for all purposes to be an original, and all such counterparts together shall constitute one and the same instrument, binding on all Parties hereto. Transmi ssion by facsimile, electronic mail, and/or other validated instantaneous electronic transmission to one Party of a true copy of a counterpart duly executed by the other Party shall constitute valid delivery of such counterpart, and shall be valid, binding and effective for all purposes. Notwithstanding the foregoing, the authority under this Section to execute this Agreement with an electronic signature shall be limited to a physical (“wet ink”) signature placed on a counterpart to this Agreement by a Par ty, and transmitted electronically as described in this Section to the other Party.
Attachment 1 - 11
27.0 Governing Law. The terms of this Agreement shall be interpreted according to the laws of the State of California. The Parties agree and consent to the jurisdiction of the state and federal courts of competent jurisdiction exclusively in the County of Los Angeles, California.
28.0 Survival. The provisions of Sections 8, 9, 10 and 12.0, shall survive for a period of four years following the termination or expiration of this Agreement , whichever is later.
29.0 Notices. Any written notice required by this Agreement shall be given by depositing such notice in the United States mail, postage prepaid or by personal delivery, and addressed as follows:
TO CITY:
The City of Burbank
Public Works Department
Attention: Artin Megerdichian
150 N. Third Street, Burbank, CA 91502
[email protected]
With a copy to:
The City of Burbank
Public Works Department
Attention: Ken Berkman
150 N. Third Street, Burbank, CA 91502
[email protected]
TO CONSULTANT:
Stantec Consulting Services, Inc.
Attention: Mohammad Heiat, PE
38 Technology Drive, Irvine, CA 92618
[email protected]
All notices shall be effective upon deposit in the mail, as specified above, or personal delivery.
Either Party may change the specified person or addre ss at which it is to receive notices by so advising the other Party in writing.
Attachment 1 - 12
30.0 Safety Requirement. To the extent that Consultant performs any work on premises owned or leased by the City, the Consultant agrees that it shall comply with this Section. All work under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The Consultant shall maintain the work sites free of hazards to persons and property resulting from its operations.
Any hazardous condition noted by the Consultant, which is not the result of his operations, should immediately be reported to the City Project Manager.
31.0 Copyright. In the event Consultant creates an original work product as part of the Scope of Services (“work product”), Consultant agrees that work product is a work made for hire. Consultant acknowledges that he/she received consideration for this work product and ha s no copyright interest in any of the work product, or in any copyright related to the work product. For example work product may involve:
illustrations and graphic design services, digital and print branding services, photographs, Meta Tags, text, photog raphs whether edited or not, and other graphic images, appearing on the web sites or other applicable medium , domain names, log-in credentials for social media and other on -line electronic platforms.
Further, if this Agreement is found by any court or ot her jurisdiction to not be a work-for–hire as defined in 17 U.S.C. 101, then Consultant hereby transfers any and all interest of the copyright(s) in the work product to City. This transfer and assignment are irrevocable and in perpetuity.
Further, Consulta nt represents and warrants: 1) that all work product shall be original and not subject to any other ownership claims by third parties, and 2) if applicable, that consent by individuals depicted in any work product have been obtained and written releases will be delivered to City prior to the completion of the Scope of Services. Consultant indemnifies and defends City as to any damages arising out of or relating to a breach of this warranty and representation.
If applicable, Consultant agrees to provide all log-in credentials for social media and other on -line electronic platforms to C ity within ten (10) days of establishing same, which shall allow C ity at any time with the ability to access, utilize and maintain the social media account or ele ctronic on -line platform, should C ity choose to do so. In any event, upon the conclusion of Consultant’s services, Consultant shall no longer utilize any log -in credentials or electronic on -line platforms.
32.0 Prevailing Wages. To the extent that the Consultant performs any work described in California Labor Code Section 1720(a)(1), including, but not limited to, inspection and land surveying work Consultant agrees that it shall comply with this Section. The Attachment 1 - 13
Consultant, and any subcontractor or subconsul tant working on behalf of the Consultant with respect to this Agreement, is required to pay not less than the established prevailing rates of wages to all workers employed in the execution of this Agreement, and Consultant shall comply with all other requi rements applicable to Public Works Construction as specified in the California Labor Code and/or Davis Bacon Act, if federal money is funding any part of this Agreement . Furthermore, Consultant must register as a public works contractor with the California Department of Industrial Relations, if the compensation under this Agreement is greater than $25,000.
[Signature Page on the Following Page]
Attachment 1 - 14
Attachment 1 - 15
EXHIBIT A
SCOPE OF SERVICES
Consultant shall prepare construction documents for the Olive Avenue and Magnolia Boulevard Bridges Pedestrian Safety Barrier and Deck Improvement Project for the benefit of the City as follows:
Task 1: Project Management
• The project effort will be led by our Project Manager Mr. Anurag Upadhyay, P.E. under the guidance of E xternal Agency Liaison / QA -QC Manager Mr. Richard Campbell and with oversight from principal-in-charge for the project Mr.
Mohammad Heiat, P.E. The lead structural engineer will be Mr. Dan Hayes, P.E. and the environmental and permitting tasks for the pro ject will be led by Mr.
Gilberto Ruiz. The supplementary surveying effort will be led by Mr. Greg Sebourn, PLS. We have carefully included structural bridge and civil design and environmental team members for the project team, who have proven local and / or similar bridge retrofit design experience to deliver this project work. The entire professional design work will be delivered through multi-disciplinary and local staff of Stantec, which will enable seamless integration of various disciplines involved for this project. We have assumed 2 hours minimum per month for project development, progress meetings, and communication with the City, in which our PM and relevant task leads will provide all feedback about the project progress and needs to the City’s project team.
• All coordination with external public agencies for access, permitting, or information exchange will be undertaken in coordination with City of Burbank (Project Staff). The key Stantec staff for this project include members of the Caltrans ACEC Structural Liaison committee in addition to being actively involved with parallel Caltrans, Metrolink, and LACPW projects. Our team will initiate a transparent communication channel with permitting agencies (Caltrans, Metrolink, and LACPW) right at the on set of the project. This communication channel will allow for the flow of necessary information and requirements from the permitting agencies, which will help the team to orient the design features and processes right from the start. All obtained informati on from permitting agencies will be formally memorialized in monthly progress meeting for discussion of next steps.
• The design progress and milestone will be presented to Development Oversight Committee (DOC) and Infrastructure Oversight Board (IOB) of the City of Burbank through presentations, renderings, and any other possible visual tools that may improve the communication and exchange of ideas with the city agencies. Three meetings with 4 hours for each meeting for two to three staff is assumed in the fee schedule.
Attachment 1 - 16
• Stantec has a Quality Assurance (QA) and Quality Control (QC) Plan that strictly aligns with the requirements of Caltrans bridge projects, and it will be implemented for the full duration of the Scope of Services. All deliverables will be independently checked prior to any formal submission to the City. The QA -QC manager Mr.
Richard Campbell is a bridge industry veteran with 40 years of total experience, half of which includes performing quality control for bridge rehabilitation and design projects for Caltrans, Metrolink, and California High Speed Rail (CAHSR).
• The project schedule prepared in MS -Project format (or any other format specifically desired by the city) will be prepared and submitted at the initiation of the project. The project schedule will be tracked and updated (as necessary) each month for formal submission of project progress to the City team.
Task 2: Preliminary Investigation
2.1 - Bridge Condition Assessment
• The site reconnaissance for both bridges indicate that there are multiple locations in the deck at connection to existing railing post exhibiting wide cracks or delamination conditions. The top of roadway portion of concrete deck has widespread scaling and map cracking with multiple locations of small spalls with exposed top of deck rebar. Numerous locations in the bridge deck and sidewalk transverse joints exhibit deteriorated or missing joint seals with some end span and approach locations also showing minor joint misalignment. Considering the existing age of the concrete deck and the dependency of this project’s design work on the existing deck condition, it will be beneficial to perform a thorough visual inspection and mapping of defects that needs to be essentia lly repaired as a part of this project.
• Due to crucial nature of the bridge deck condition assessment task, it includes a condition inspection and mapping of full (width) top of deck region by formal bridge inspection team (Anurag Upadhyay and Dan Hayes). Consistent with the standard bridge inspection practice, the bridge inspection task at each bridge will be performed by two-member crew [Team Leader (CA P.E. & FHWA Certified Bridge Inspector) and Assistant Team Leader (CA EIT Minimum & Previous Bridge Inspection Experience)]. Some typical spots of the top and bottom of deck fascia regions (not over I-5, local streets, or Metro Tracks and in vicinity of existing railing) will be lightly sounded to assess the general condition of the deck with regards to the concrete’s crushing resistance and hollow sounding. The top of deck defects on the roadway can be accurately mapped during the day (in sunny conditions) time by being positioned on the bridge sidewalks. If any specific deck location in active roadway requires hands on inspection and measurement (not anticipated from site reconnaissance), direct expense (non -labor) budget is shown for unexpected direct expenses that can be used for local limited duration lane closure or shadow vehicle rental expenses. Prior to field inspection, we will review the past Attachment 1 - 17
inspection reports and rehabilitation plans/reports available and provided by the City of Burbank. Special emphasis will be performed in assessing, measuring, and documenting the bridge elements which are e ither direct subject of bridge rehabilitation project or may provide structural support to design features of railing/fence. Our team will map field cracking/spalling/deterioration sketches in the field, which can be readily transferred into the deterioration map in repair drawings for estimation/construction purpose.
• In addition to the above mentioned standard deteriorations in the bridge deck and sidewalk region, if any deterioration in the form of major spalls, wide tension/shear cracks, or major corr osion stains at tendon locations is observed in the fascia, sidewalk, or roadway girders during visual reconnaissance of bridge in the under deck region, it will be documented (with photos) and brought to the attention of city team for further action and e valuation if it may have any effect on current design project’s scope.
• In addition to confirming local deterioration mechanisms, our team will also make note and document of any possible visible bridge vulnerabilities (if present) that may be of local o r global in nature, e.g., potential of existing railing tilt/damage/collapse, capacity loss signs with bridge primary members, access issues, or site hazards, etc.
Inspection Report
• The field assessment report will follow the standard Caltrans Inspecti on report format for the majority of the report (except the ratings which is not needed for deck repair project scope) and will be produced as the deliverable for the inspection task of the project.
• Two independent inspection reports will be produced, on e for each of the two bridges.
• The inspection report prepared in the Caltrans format will also consist of a supplementary appendix of photos and deterioration key map (field sketches with dimensions) for future records and comparison purpose.
• The inspection report for each bridge will be placed in an appendix of any design basis or alternative type selection report that may be used as part of Caltrans or other public agencies approval or permitting application supporting documents.
2.2 - Supplementary Survey, Base Mapping, and Utility Documentation
Supplemental Topography
As a supplement to the design effort, conventional ground survey will be used to spot verify the topography and obtain additional detail in key areas. The supplemental data will be used in conjunction with the existing CAD provided by the city, which was created during the past feasibility study project.
Attachment 1 - 18
A budget of 16 hours of field time and associated office support has been included in this effort.
Deliverables will include a digital CAD file containing the resulting data.
It was confirmed by the City that utility designating services to confirm the physical position of existing underground utilities on the bridge deck is not required for this project.
The utility mapping for the project will be based on information provided by utility companies, as-built plans, past reports, and field observations for top of the deck region and zones adjacent to the bridges.
Specific Assumptions for Surveying Task
• In performing its services, Stantec may receive information prepared or compiled by others, including plans, CAD files, and/or other information. Stantec is entitled to rely upon the accuracy and completeness of said information, without independent evaluation or verifications. Stantec will not be held liable for any errors or omissions resulting from the use of plans or data provided by the client or client’s agents in completing the scope of work.
• The separate deliverables related to Client’s request represent the workflow of a single work effort and are not discretional elements or phases to be chosen or eliminated. Our fee to execute the individual tasks will be a Not-to-Exceed basis of the total dollar amount shown. The incremental portions of that o verall fee are presented for informational purposes only and are not to be considered, or used as, separate independent budgets.
• Stantec assumes that there is a sufficient amount of available survey control to adequately confirm the original survey cont rol used by BKF in previous reports available for reference for this project. Additional work resulting from missing control, incomplete control data, or a lack of available records may require an additional work effort that is not covered within this Scope of Services.
• Sufficient site access will be provided by the client to access the limits of the project. It is assumed that horizontal and vertical control datums used by BKF for the underlying and original 2015 surveys will be provided/confirmed to Stantec survey team.
• One set of revisions will be included based on client comments. It is assumed that the comments will be received through a single point of contact designated by the client, and that said comments will be consis tent with the original scope of work. Comments requiring additional services not covered by this scope of work will be handled under separate cover.
Attachment 1 - 19
• If information depicted on the survey should lead to further investigation by Stantec staff, additional fees may be incurred, and are not included within this Scope of Services. Stantec will handle requests of this nature under separate, written authorization. If information depicted on the survey should lead to further investigation by persons not connected to this firm, Stantec will not be held liable for costs associated with or any delays caused by said efforts.
Exclusions specific to Surveying Task
Items not specifically identified in the scope of service sections of this agreement are to be excluded from this work effort and would be considered additional services. Such services would include, but are not limited to, the following:
• Additional exhibits or documents not specifically outlined herein • Topographic plat or map
• Construction Staking Services
• Utility Mapping using GPR or subsurface field investigation • Potholes/Test Holes
• New or Additional Boundary Monuments
• Monument Preservation
• Revisions to work completed or underway due to a change in information or instruction provided to Stantec by the Client or Client’s consultant(s) • Subdivision Mapping / Lot Line Adjustments / Certificates of Compliance / Corner Records
Task 3: Project Approval and Environmental Clearance
3.1 – Environmental Clearances
CEQA/NEPA Compliance
• Based upon the project description and scope of work contained within the RFP, the project appears to qualify for a Categorical Exemption, per the California Environmental Quality Act (CEQA), as noted in the CEQA Guidelines, Section 15301 (Existing Facilities). It also assumes there are no “unusual circumstances” associated with the bridge and/or the repair/rehabilitation work involved. If this is no t the case, Stantec will notify the city immediately and recommend “next steps” and the appropriate CEQA document (e.g., Initial Study/Mitigated Negative Declaration) preparation with addition of new project scope.
• Stantec assumes the City will post the CEQA Notice of Exemption (NOE) for the CE with the County Clerk’s Office and if applicable with the State Clearinghouse and pay the associated fees (e.g., County Clerk and California Department of Fish & Wildlife CEQA fee)
Attachment 1 - 20
• Our preliminary assessment of National Environmental Policy Act (NEPA) compliance requirements (if any) is based upon the understanding that the bridges cross over the Burbank Channel, a U.S. Army Corps of Engineers jurisdictional waterway subject to compliance with NEPA, if modification to the bed and/or bank are proposed (none are presently assumed). Similarly, Caltrans (representing the Federal Highway Administration [FHWA]) owns a portion of the bridges and any activities proposed to repair/rehabilitate the bridges cou ld trigger NEPA compliance requirements. Based upon or current understanding of the scope of work and experience with past bridge projects, the project would likely qualify for a Categorical Exclusion (CE), per NEPA. However, because Caltrans’ Standard Env ironmental Reference (SER) has specific guidance and analytical requirements for determining if a CE is applicable (e.g., CE Exclusion Checklist, CE Form), which is further confirmed in scope confirmation task for this project which involved preinitiation communication with Caltrans team. The communication with Caltrans team (See Summary for Permitting Scope Confirmation Document – Dated 5 -15-23) led to confirmation of environmental permitting scope items, which included per NEPA Categorical Exclusion Study Checklist, such as individual reporting for Air Quality, Cultural Resources, Noise, Biological Study, and Hazardous Waste and Materials. It was confirmed that design team representing the City of Burbank for this project will prepare these reports and submit them to Caltrans for review and approval leading to NEPA Categorical Exclusion approval for the project construction.
• Stantec assumes Caltrans would post the NEPA CE after submission of individual CE checklist items.
• Stantec’s environmental team led by Gilberto Ruiz who is locally based and serving the Los Angeles Metropolitan Region will perform all work to secure clearance for both CEQA and NEPA permitting.
• The above write up of this entire section including possible alternative types addresses the specific questions indicated in the Section E of the Project RFP Document shown below for reference:
3. Describe critical environmental issues and how you will address them.
3.2 – Caltrans / Metrolink Permitting
Caltrans Approval
Coordination an d subsequent approval by Caltrans of the railing rehabilitation or replacement alternatives will be the key aspect of this project, considering that partial lengths of both bridges are owned by Caltrans in addition to both bridges passing over the very busy Interstate 5 (I-5) Freeway that is also located within the Caltrans jurisdiction and/or right -of-way. Per our team’s hands -on experience on other bridge projects requiring minor or major modifications (Caltrans Structure Technical Policy 16.1 – Attachment 1 - 21
October 2022) and the specific feedback of Caltrans during scope confirmation effort, although the project scope qualifies as a minor modification, it will still require successful completion of the Caltrans Type Selection Process for railing rehabilitation or replacement alternative selection per Caltrans Memo to Designer (MTD) 1-29 (December 19, 2014).
Our team will prepare the type selection report for the railing alternative selection, which will include a comparison of various alternatives including the preferred alternative with regards to structural performance (Strength and Extreme Limit State), aesthetics, constructability, cost, future programming, ut ilities, drainage impact, and environmental impacts, depending on applicability. The type selection meeting (leading to approval) is also a part of the Caltrans approval process, which our team will arrange and accomplish with Caltrans local district (District 7) as a scope to this project.
One of the takeaways of the pre -initiation scoping conformation effort with Caltrans was that alternative of adding pedestrian fence behind the existing railing without demolishing the existing railing (with addition of new barrier) was deemed as most economical and constructible alternative. Based on the current project standing, it was confirmed that plan review milestones corresponding to Level 3 (Capital Preventive Maintenance Projects) of Caltrans MTD 1-31 may be used for this project.
Metrolink Approval
Coordination and approval by Metrolink of railing rehabilitation or replacement work above Metro’s right -of-way will be obtained through temporary encroachment permitting for construction stage. Per our team’s experience, any construction work within 100 feet of Metro Rail will require clearance from Metro. Preliminary drawings including any required calculations and prescribed construction means-methods will be evaluated and presented to Metro for confir ming that no construction work impacts the Metro Operations. The documents for Metro’s approval will be prepared per Metro “Design Criteria and Standards, Volume III – Adjacent Construction Design Manual).
Task 4 to 7: 35% to Final Design
• As a part of 35% design effort, our team will determine three or more most suitable railing alternatives all of which will be compliant with the Caltrans bridge railing/barrier and fence requirements in the order of good, better, best alternatives in terms of performan ce, aesthetics, maintenance, cost, future relocation utility.
Few alternatives that may be applicable to this project include 1) standard Caltrans Chain Link fencing, 2) upgraded Caltrans barrier with chain link fence, 3) upgraded Caltrans barrier and fenc e with aesthetic treatment, or and 3) aesthetically enhanced steel fencing/railing that can be ideally installed at a cost of no more than $1M per bridge. Ideally, city also wants to construct a railing/fence which could be removed and reused on the widene d or new bridge, as a part of future bridge improvements project. The suitable options for railing and/or fence will need to be evaluated in terms of following critical engineering design parameters:
Attachment 1 - 22
1) Structural stability for Strength and Extreme Limit State (connection of new railing/fence elements to existing deck)
2) Performance Compliance with MASH (FHWA). Per MASH (and agreed per Caltrans), the existing (and potentially future widened) bridge roadway with vehicular speed less than 45 mph require TL-2 crash levels. 3) Utility with respect to minimum acceptable or desired height of fence or barrier/railing per City and approved by Caltrans and Metro over their facilities. 4) Cost of construction (Ideally less than $1 million for each bridge) 5) Aesthetics with respect to the requirement of City’s oversight committee.
The two controlling items for the design will be 1) Structural condition and capacity of existing deck slab surrounding the groove (embedment) of existing railing post and 2) Prefere nce of City and Caltrans for Crash Rating (TL -2 or Higher) and Geometry of Barrier/Fence for Future (new or widened) Bridges to allow reuse of railing/fence in future widened/new bridge deck. For providing the option of adjacent new fence (to existing rail ing), the new steel fence post placed on base plate and attached to existing deck (sidewalk slab) through embedment of U bolt anchor (per standard Caltrans or LACPW detail) and mechanical connection to existing railing post for additional bracing may be provided. For providing the option of new barrier (with steel fence on top), the existing railing post will be removed, and post grooves filled with grout (and preferably with longitudinal rebar layer) to support the new anchorage (vertical rebar) of new barrier placed on existing bridge deck (sidewalk) slab.
Existing Railing Post Connection to Existing Deck (Sidewalk) Slab • The current Caltrans Inspection Report indicate that controlling structural rating factor of superstructure at Olive Avenue Bridge is 0.62 (20.1 tons) for inventory case and 1.03 (33.4 tons) for operating case. The current Caltrans Inspection Report indicate that controlling structural rating factor of superstructure at Magnolia Boulevard Bridge is 1.50 (48.6 tons) for inventor y case and 2.50 (81.0 tons) for Attachment 1 - 23
operating case. Considering the substandard controlling structural capacity in case of Olive Avenue Bridge and existing railing modification or replacement with new standard railing/barrier and fence condition increasing the superimposed dead load on the fascia (and one adjacent girders at the minimum), it will be beneficial to assess the change in the moment and shear demand of the fascia region girders in comparison existing (as -built capacities). The concrete strength, prestressing jacking force, and maximum anticipated losses in addition to non -prestressed rebar information is available in the as-built drawings (shared with RFP) which will enable a prompt capacity determination through one of the multiple load rating software (Virtis (BrR) also used by Caltrans per Inspection Report notes) that Stantec Team uses for load rating of similar bridge superstructures.
Olive Avenue Bridge (Caltrans) Magnolia Boulevard Bridge (Caltrans)
• Per our team’s experience with highway or rail bridge projects with design requirements of providing combination vehicular and pedestrian rail/fence over interstate or rail facilities, the two railing / fence options that are widely used in LA Region are 1) Caltrans Standard or Modified Chain Link Steel fence (Type 2 to 6) with wire mesh (minimum height 54 to 72 inch) installed adjacent to existing substandard or standard railing, and 2 ) Caltrans Standard Chain Link Steel fence installed over Caltrans Concrete Barrier Type 732SW or Type 836 (Mod) / 842 (Mod) to provide total barrier + fence height of 54 to 72 inch.
Attachment 1 - 24
• We will prepare one combined bridge repair plan sets (combined for two bridges) in accordance with design standards of City of Burbank. As indicated in the project scoping meeting, The plans will be submitted at 35 -percent, 65 -percent, 95 - percent, and final milestones.
• The selection of top of deck surface repair types, extents, and details for both bridges will be based on combination of city’s choice (foremost for standard repair details and procedures), industry best practice, constructability, our team’s past experiences, permitting needs, and construction cost. If agreeable to the city’s project team, our team will arran ge a deck surface repair type selection and confirmation meeting for each bridge after the finalization of inspection report, which will help the project teams to concentrate on accurate deck surface details from the beginning stages of the drawing development. Although, it is understood that bridge local repair drawings do not require completely scaled plan or elevation details, our effort will be to generate all drawings to represent sufficiently correct proportions and scales.
• The 35% preliminary desi gn will include the concept plans for most probable alternatives (three options) for railing rehabilitation or replacement, top of deck repair plans, and preliminary cost estimate. The initial goal will be to present (1 meeting) the rail and deck repair alternatives to Development Oversight Committee (DOC) during 35% design to finalize the initial selection of preferred alternative. It is our understanding that the permitting for Caltrans approval (including Type Selection Process) will be initiated before the completion of the 35% preliminary design process. Draft design exceptions fact sheets, utility coordination, and right of way engineering will also be initiated at this stage. Per our current Attachment 1 - 25
understanding, approval process by Metrolink and LADPW will be initiated at the completion of 35% preliminary design after getting the affirmation from Caltrans that railing rehabilitation or replacement alternative is satisfactory per their requirements.
• The 65% design will be ideally initiated after Caltrans approval of preferred railing alternative. It will include general notes and details for selected railing rehabilitation or replacement alternatives and deck repair plan/details. The initial goal is to present the selected rail and deck repair alternatives to Infrastructure Oversight Board (IOB) before and at completion of 65% design (2 meetings). This set will include composite utility plans, stage construction, traffic handling and detour plans, and transportation management plan. In addition to drawi ngs, the draft version of technical special provisions and construction cost estimate will be included with approximately 20% to 30% (of construction cost) contingency level.
The ADL survey will be prepared if NEPA or CEQA requires it. Draft Water Quality Management and Best Management Practices (BMP) plans will be included with 65% milestone submission. It is understood that all permitting agencies will be provided the advanced plans (progressed in this stage) for review and comments.
• The 95% design will incorporate all the comments and modifications suggested by permitting agencies (after acceptance and resolution) and city agencies. It is understood that the construction cost estimate and technical specification generated at this stage will be in final condition ready to be used in construction bidding with approximately 10% (of construction cost) contingency.
• Technical provisions and bid schedule based on City’s boilerplate template will be submitted at 65- percent and subsequent design submissions. Both bridges will have a single combined specification / bid schedule for combined bidding, as indicated by the City. If agreeable to the City’s project team, any additionally needed specification items out of City’s boilerplate template (such as Caltrans , Manufacturer’s requirement, etc.) will be added as the supplementary addition in the specification book for the project.
• Quantities and estimate of probable costs for the new improvements will be provided with 65% and subsequent design submissions. E ach bridge will have a separate construction cost estimate. We will generate the construction cost estimate based on the record of past bid prices specific to City of Burbank and surrounding regions. Considering that current commodity prices are going through an unsettled inflationary cycle (with the possibility to continue into next year), we will also ascertain that the unit prices accommodate for near term (1 year) inflation.
• Per our current understanding, the following combined repair drawings are anticipated at a minimum for Olive Avenue and Magnolia Boulevard Bridges:
Attachment 1 - 26
➢ Title Sheet
➢ Index Map
➢ General Notes
➢ General Work Plan
➢ Bridge Elevation
➢ Traffic Control Plan 1
➢ Traffic Control Plans 2
➢ Stage Construction Plans 1
➢ Stage Construction Plans 2
➢ Signing & Stripping Plan
➢ Deck Repair Plans and Details – 1
➢ Deck Repair Plan and Details - 2
➢ Railing Rehabilitation / Replacement Details – 1
➢ Railing Rehabilitation / Replacement Details - 2
➢ Railing Rehabilitation / Replacement Details - 3
➢ Railing Rehabilitation / Replacement Details - 4
➢ Railing Modification Details and Notes
• Our team will prepare the drawings in Bentley’s Microstation or Autodesk AUTOCAD software as required by the City’s project team. It is understood that both Caltrans and LACPW utilizes Microstation as the preferred software package.
Our CAD team is proficient in effective generation of 2D or 3D plans in both AUTOCAD and Microstation software and work will be performed in either package at City’s discretion.
Project Scope Exclusions
The below list provides the items that are currently not part of project’s design effort scope. If City believes that they need to be added before the award or after the selection, our in-house staff can provide those services at added effort to the project.
• The project scope is based on above deck repairs and rehabilitation/replacement of railing/fence above the bridge deck. The project scope includes thorough inspection of above bridge deck region and limited visual inspection of bridge deck fascia region. Inspection of below deck elements of the bridge, concrete material testing (core testing), or railing prototype inspection work is not included in the scope of the project.
• The equipment and personnel for lane closures required for safe inspection / measurements of potholes and defects at two center lanes of roadway surface will be provided by City of Burbank Public Works Personnel Team.
Attachment 1 - 27
• The project scope includes effort to generate Caltrans Type Selection Report and any backup structural calculations for Railing/Fence rehabilitation or replacement selection, considering this project is qualified as minor modification project. The scope to generate PSR -PDS or PSR -PR re port and list of supporting comprehensive reports required by PSR–PDS process is not currently included. If the Caltrans specifically require PSR -PDS for approval of the design for this project, additional scope for consideration of City and Caltrans will be generated and submitted at request of City of Burbank Project Team.
• The scope exclusion for the surveying task was specifically indicated in the proposal document. Considering that no major widening or bridge deck installation work is included as scope of this project and significant amount of surveying work was also performed as part of previously performed Feasibility Study Project for both bridges, we hope to reuse the previously performed survey data with some limited verifications.
• Based on the current scope of the project and above deck rehabilitation work, it is our team’s understanding that following items noted in the RFP may not be required. If these items are required for any reason, our team can assess the limited scope of these items and submit scope change for approval to City of Burbank.
➢ Water Quality Management and Best Management Practices (BMP) Plans
➢ Final Drainage Report
Task 8: Advertising and Bid Support
• Our project manager and any discipline lead specifically required in the pre -bid meeting will provide attendance. Our team will actively respond to inquiries or request for information (RFI) during the bid phase as needed by the city team administering the bid.
Task 9: Construction Support During Construction
• The actual hours required for construction support will be determined during the 95% stage, the current scope and fee does not include design services during construction in the overall fee estimate.
• After the completion of design, at the request of city, our team will submit new scope and fee for construction support services.
F. Schedule of Work
Stantec provides the potential design phase schedule as follows:
Attachment 1 - 28
ID Task
Mode
Task Name DurationStart Finish
1 Project Design - Phase I 369 days11/1/23 3/31/25
2 Project Management 369 days11/1/23 3/31/25
3 Progress Meetings and Coordination 369 days11/1/23 3/31/25 4 Development Oversight Committee (DOC)
& Infrastructure Oversight Board (IOB)
Meeting
173
days
11/1/23 6/28/24
5 Progress Reports and Invoices 369 days11/1/23 3/31/25 6 Preliminary Investigation 152 days11/1/23 5/30/24
7 Inspection - Field Work 24 days 11/15/23 12/18/23
8 Environmental - Field Work 45 days 11/15/23 1/16/24
9 Environmental Reporting 119 days12/18/23 5/30/24
10 Inspection - Reporting 22 days 12/18/23 1/16/24
11 Anticipated Inspection Access Permit &
Coordination
24 days 11/1/23 12/4/23
12 Supplemental Survey and Base Mapping24 days 11/15/23 12/18/23 13 Utility Documentation 22 days 12/18/23 1/16/24
14 Approvals and Permitting (For
Construction)
267
days
12/4/23 12/10/24
15 Caltrans 263 days12/8/23 12/10/24
16 Project Initiation & Scheduling Meeting22 days12/8/23 1/8/24 17 Structural Strategy Meeting (Type
Selection)
24 days
1/30/24 3/1/24
18 NEPA Reporting and Submission 67 days3/7/24 6/7/24
19 NEPA Review and Approval 45 days6/6/24 8/7/24
20 CEQA Reporting and Delegation 67 days3/7/24 6/7/24
21 CEQA Approval by City 45 days6/6/24 8/7/24
22 Advance Planning Studies Document
Review
23 days
6/6/24 7/8/24
23 Draft Structures PS&E Review and Approval23 days11/8/24 12/10/24 24 LA County 84 days 6/6/24 10/1/24
25 CA Department of Fish and Wildlife Review67 days6/6/24 9/6/24 26 LA County Plan Review 45 days7/31/24 10/1/24
27 Metrolink 65 days 6/3/24 8/30/24
28 SCRRA Encroachment Application
for Design Review Submittals
65 days
6/3/24 8/30/24
29 Additional City Agencies Permitting (TBD)173 days12/4/23 7/31/24 30 35% Preliminary Design 107 days12/4/23 4/30/24
31 Supporting Assessment and Calculations23 days 12/15/23 1/16/24 32 Preliminary Drawings 76 days 1/16/24 4/30/24
33 Draft Design Exceptions Fact Sheets 32 days 1/16/24 2/28/24 34 Utility Notification and Coordination 87 days 12/4/23 4/2/24 35 Right of Way Engineering 87 days 12/4/23 4/2/24
36 65% Design 152 days3/4/24 10/1/24
37 Drawings 67 days 3/7/24 6/7/24
38 Composite Utility Plans 67 days 3/7/24 6/7/24
39 Technical Provisions 67 days 3/7/24 6/7/24
40 Cost Estimate 24 days 5/30/24 7/2/24
41 ADL Survey 66 days 4/2/24 7/2/24
42 Permit Applications 152 days3/4/24 10/1/24
43 Construction and Maint. Agreement 152 days3/4/24 10/1/24 44 95% Design 46 days 10/1/24 12/3/24
45 Drawings 46 days 10/1/24 12/3/24
46 Technical Provisions 46 days 10/1/24 12/3/24
47 Cost Estimate 46 days 10/1/24 12/3/24
48 Final Design 23 days 11/8/24 12/10/24
49 Third Party Comment Responses 23 days 11/8/24 12/10/24 50 Construction Schedule 23 days 11/8/24 12/10/24
51 Documents Update 23 days 11/8/24 12/10/24
52 Advertising & Bid Support 64 days 1/1/25 3/31/25
53 Project Construction - Phase II 392 days4/1/25 9/30/26 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr 2024
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Deadline
Progress
Manual Progress
Olive Avenue and Magnolia Boulevard Bridge Safety Railing Replacement and Deck Rehabilitation Project (P24203)
Project: msproj11
Date: 8/24/23
Attachment 1 - 29
EXHIBIT B
SCHEDULE OF COMPENSATION
The total compensation (including, any reasonable costs, expenses or reimbursements) payable by the City to the Consultant shall not exceed the Cost of Services as set forth in Section 3.0.
To the extent that the Schedule of Compensation includes any travel, hotel or other reimbursable expenses, such expenses shall be for actual and reasonable expenses incurred in the performance of the Scope of Services.
The Consultant and the City agree that the Consultant shall earn its compensation according to the following method:
Time and Materials: The City shall pay for the services on a time -and-material basis.
Consultant shall invoice the City for all actual hours of work performed in accordance with this Agreement at the following rates:
Attachment 1 - 30
Principal-in-
Charge, Contract
Manager
QA/QC Engineer
Sr. Project
Manager
Task Manager /
Structural
Engineer
Senior Engineer
(Civil / Structural)
Sr. Environmental
Specialist
Senior Surveyor
Senior Biologist /
Environmental
Engineer
Field Surveyor
Coordinator
Two Man Survey
Crew
Principal Traffic
Engineer
Sr. Traffic
Engineer /
Mapping / ROW
Engineering
Designer (CADD)
Junior Structural /
Civil Engineer
17 17 16 15 13 16 16 14 13 16 13 11 9
No. of *Expenses Total
dwgs hrs Fees (If Needed) Fees
1 Project Management
Progress Meetings and Coordination 8 8 42 18 76 $16,818 $1,000 $17,818 Development Oversight Committee (DOC) & Infrastructure
Oversight Board (IOB) Meeting 8 8 20 36 $8,716 $8,716
Progress Reports and Invoices 18 18 $4,302 $4,302
2 Preliminary Investigation $0
Inspection - Field Work 16 16 40 72 $13,600 $13,600
Inspection - Reporting 6 16 16 16 16 70 $14,388 $14,388 Anticipated Inspection Access Permit & Coordination 8 8 $1,912 $1,912 Supplemental Survey and Base Mapping 8 16 32 56 $12,776 $12,776 Utility Documentation 8 8 32 32 24 104 $24,000 $24,000
3 Approvals and Permitting (For Construction) $0
Caltrans 16 32 28 40 116 $23,336 $23,336
NEPA/CEQA - CALTRANS / LAC 0 0 0 8 0 48 0 80 0 0 0 70 0 41 247 $33,258 $33,258 Biological Resources (Summed in NEPA Effort) 8 28 2 41 $0 Cultural Resources Study (Summed in NEPA Effort) 24 24 $0 Air Quality Assessment (Summed in NEPA Effort) 24 24 $0 Hazardous Waste and Materials (Summed in NEPA Effort) 52 20 $3,526 $3,526 MetroLink 8 12 12 12 44 $9,060 $2,500 $11,560
LA County / Miscellaneous Coordination 16 24 16 56 $12,088 $12,088 4 35% Preliminary Design $0
Supporting Assessment and Calculations 16 8 20 8 52 $10,696 $10,696 Preliminary Drawings 8 20 40 20 60 140 $26,780 $26,780
Draft Design Exceptions Fact Sheets 8 8 $1,728 $1,728
Utility Notification and Coordination 16 16 $3,824 $3,824 Right of Way Engineering 16 16 16 48 $9,456 $9,456
5 $0
Drawings 22 8 44 48 48 24 24 40 160 396 $74,836 $74,836 Composite Utility Plans 32 32 64 $11,808 $11,808
Technical Provisions 8 8 8 16 32 72 $13,768 $13,768
Cost Estimate 8 8 8 16 40 $8,712 $8,712
Permit Applications 20 20 40 $8,660 $8,660
Construction and Maintenance Agreement 12 12 $2,868 $2,868 6 95% Design $0
Drawings 22 8 24 24 24 33 128 241 $43,543 $43,543
Technical Provisions 8 4 8 20 $4,384 $4,384
Cost Estimate 8 4 8 20 $4,384 $4,384
7 Final Design $0
Third Party Comment Responses 12 12 $2,868 $2,868
Construction Schedule 4 4 8 $1,640 $1,640
Documents Update 22 8 22 110 140 $24,606 $24,606
8 Advertising & Bid Support 8 8 16 $3,880 $3,880
16 110 398 204 240 120 32 160 80 48 24 220 105 738 2248 $3,936 $27,060 $95,122 $44,064 $46,560 $28,680 $7,648 $32,640 $15,520 $13,968 $5,736 $42,680 $18,375 $116,604 $432,695 $7,026 $439,721 $246 $246 $239 $216 $194 $239 $239 $204 $194 $291 $239 $194 $175 $158 *NOTE: The direct expenses for $1,000 for mileage, parking, and any professional printing services for meetings or presentations is allotted to the budget. *NOTE: It is agreed that City of Burbank PW Team will be able to provide support with lane closure for top of deck inspection field work, which will avoid lane closure support services expenses.. *NOTE: The dircet expense of $3,526 is shown for sample collection and lab testing for hazardous material reporting by Stantec Environmental Team *NOTE: The direct expenses for $2,500 for plan check fee by Metrolink per standard encroachment permit fee schedule.
GENERAL NOTE: It is clearly understood that any contingent budget for any of the tasks that can be avoided while still successfully delivering the project deliverable will not be utilized by Stantec.
Stantechrshrs hrs hrshrs hrshrshrshrs
TOTAL HOURS
TOTAL FEES
Rate ($/hr)
65% Design
hrs
CITY OF BURBANK
Olive Avenue and Magnolia Boulevard Bridge Safety Railing Replacement and Deck Rehabilitation Project (P24203) Olive Avenue & Magnolia Boulevard Bridge
ESTIMATED FEES & EXPENSES - Stantec (Dated: 7-17-23)
Tasks hrsDescription hrs hrs hrs
\\Us0300-ppfss01\workgroup\2073\business_development\Bridge Group\City of Burbank - Bridge Railing Project\TASK 0\UPDATED PROPOSAL\UPDATE 7-17-23\Fee Proposal_Burbank_Olive and Magnolia Bridge (7-17-23).xls 7/17/2023 Attachment 1 - 31
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain , for the Term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Commercial General Liability : Insurance Services Office Form CG 00 01 covering commercial general liability insurance (“ CGL”) on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be at least $2,000,000.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with statutory limits, and employer’s liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability or Errors and Omissions: Errors and Omissions insurance appropriate to the Consultant’s profession (“ E&O Insurance”), with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Consultant.
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such wor k or operations. General liability coverage can be provided in the form of an endorsement to the Consultant ’s insurance Attachment 1 - 32
(at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials , employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide an endorsement that they are not subject to cancellation without thirty (30) days’ prior written notice to the City or ten (10) days’ prior written notice for non-payment of premium.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of su brogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
The City may require the Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Such insurers shall be licensed to provide insurance under California state law.
Claims Made Policies. For the E&O Insurance Policy and any other insurance providing claims-made coverage (e.g., pollution liability insurance, if applicable):
1. The “Retroactive Date” must be shown, and must be before the Effective Date.
2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the work required Attachment 1 - 33
under the Agreement.
3. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of three (3 ) years after completion of work.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Agreement . All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant ’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Cyber Liability Insurance
Technology Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. City shall inform Consultant if such insurance is required.
Contractors Pollution Liability and/or Asbestos Pollution Liability
If Consultant’s Scope of Services includes the handling or transportation of hazardous materials, Consultant shall maintain pollution liability and/or asbestos pollution liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. City shall inform Consultant if such insurance is required.
Attachment 1 - 34