Table of Contents
11-17-2025 Regular Meeting Agenda
Item 1 - Minutes
Item 2 - 11.17.25 List of Demands Packet
Item 4 - JDB Bluff Stabilization Award Agenda Report
Item 5 - Award of Contracts for As-Needed Eng
Item 6 - First Amendment NOVA As-Needed Geo Services
Item 7 - Second Amendment to Undergrounding Contract
Item 8 - TSVS Update Ordinance Adoption
Item 9 - EP25-075 (1639 Luneta Dr.)
Item 10 - KLF Amendment 8
Item XIL - Council Liaison Report - Worden
2 8
13 32
93 184
205
227
257
273
466
Del Mar City Council Meeting Agenda
City of Del Mar, Town Hall
1050 Camino del Mar, Del Mar, California 92014
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Civility Works: The Del Mar Code of Civil Discourse: Together we will promote inclusion; listen to understand; show respect; be clear and fair; and focus on the issue.
Regular Meeting
Monday, November 17, 2025 at 4:30 PM
Public Participation/Comment: Members of the public can participate in City Council meetings in-person or via written comment (Red Dot). Anyone may address the City Council for up to three minutes, at the Mayor’s discretion, on items on the agenda.
Members of the public wishing to speak on items not on the agenda may do so under Public Oral Communications. Agenda items may be addressed in any order at the discretion of the Mayor. When addressing the Council, please state your name for the record. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
In-Person Participation: Please submit a completed “Speaker Slip”, including the item number you wish to speak on, to the City Clerk prior to the Mayor announcing the agenda item. The forms are located near the door at the rear of the Meeting Room. When called to speak, please approach the podium and state your name for the record.
Written Comments: Members of the public can participate in the meeting by submitting a written red dot comment via email to [email protected]. The deadline to submit written comments is 12 p.m. on the day of the meeting and the subject line of your email should clearly state the agenda item you are commenting on.
Viewing the Meeting and Access to Agenda Materials: Members of the public can watch the meeting live on the City’s website at: http://delmar.12milesout.com/Video/Live and on Cable TV Spectrum Ch. 24, AT&T Ch. 99 starting at 4:30 PM. Agenda materials and communications from the public on agenda items, “Red Dots”, are available on the City’s website:
http://www.delmar.ca.us/AgendaCenter and a hard copy of the agenda materials are available at Del Mar City Hall and the Del Mar Library during their business hours.
Assistance for Persons with Disabilities: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Administrative Services Department at 1050 Camino del Mar or by calling (858) 755-9313.
Notification of at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Terry Gaasterland
Mayor
Tracy Martinez
Deputy Mayor
Dan Quirk
Council Member
John W. Spelich
Council Member
Ashley Jones
City Manager
Leslie E. Devaney
City Attorney
Sarah Krietor
Administrative Services
Manager/City Clerk
Del Mar City Council Regular Meeting November 17, 2025
Agenda Page 2
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us I. CALL TO ORDER/ROLL CALL
II. CITY ATTORNEY CLOSED SESSION REPORT
III. PLEDGE OF ALLEGIANCE
IV. PUBLIC ORAL COMMUNICATIONS
Each person wishing to speak before the City Council on any matter not on the agenda shall submit a “Speaker Slip” to the City Clerk when Public Oral Communication is announced. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and may be asked clarifying questions. Information received during Public Oral Communication may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda.
Note: there is a time limit of 30 minutes for this section of public communications and each speaker will be heard in the order of the submission of their speaker slip. Speakers who have turned in a speaker slip prior to the time oral communications was called on the agenda, but were not heard during the initial time period shall be called to speak at the end of the agenda.
V. COMMUNITY ANNOUNCEMENTS
VI. CITY MANAGER’S REPORT
VII. CONSENT CALENDAR
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be pulled from the Consent Calendar and considered separately after the motion to approve the Consent Calendar. If you wish to remove an item from the Consent Calendar, please submit a “Speaker Slip” to the City Clerk.
1. Approval of Minutes: November 3, 2025 Regular and Special Meeting Recommended Action: Approve Minutes.
Reference: Clerk’s Minutes Book
2. Ratification of List of Demands dated November 17, 2025 Recommended Action: Ratify the List of Demands.
Reference: Clerk’s File No. 201-3
Del Mar City Council Regular Meeting November 17, 2025
Agenda Page 3
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
3. Waiver of Reading of Ordinances on Agenda
Recommended Action: Waive Reading of Ordinances.
Reference: Clerk’s File No. 401-4
4. Award of Construction Contract and Related Task Orders for the Jimmy Durante Boulevard Bluff Stabilization Project
Recommended Action: Staff recommends that the City Council: 1) Award a $772,192 construction contract to New Century Construction Inc. for the Jimmy Durante Boulevard Bluff Stabilization Project (Attachment A); 2) Award a $81,960 Task Order to Ardurra for Construction Management and Inspection Services (Attachment B); 3) Award a $30,700 Task Order Amendment to Michael Baker International for Construction Support Services (Attachment C); 4) Award a $32,964 Task Order to NOVA Services, Inc. for Geotechnical Services and Laboratory Testing; and 5) Authorize the City Manager to execute the required documents and any contract Change Orders or Task Order amendments, within the project contingency, necessary to complete the work.
Reference: Clerk’s File No. 406-1
5. Approval of Agreements for As-Needed Civil Engineering, Traffic Engineering, Dry Utility Engineering, Architectural Services, Seawall Engineering, and Development Review Services
Recommended Action: Staff recommends that the City Council approve the following as-needed agreements and authorize the City Manager to execute the agreements and any necessary time extensions provided for under the terms of the agreements:
1) Civil Engineering, Traffic Engineering, and Development Review Services with Michael Baker International, Inc. (Attachment A);
2) Civil Engineering, Dry Utility Engineering, Seawall Engineering, and Development Review Services with NV5, Inc. (Attachment B); 3) Civil Engineering Services with Dudek (Attachment C); 4) Traffic Engineering Services with ZONE Traffic Engineering Consulting, LLP (Attachment D);
5) Dry Utility Engineering Services with KCM Group (Attachment E); 6) Architectural Services with Stephen Dalton Architects, Inc. (Attachment F); and
7) Seawall Engineering Services with ENGEO (Attachment G).
Reference: Clerk’s File No. 406-1
Del Mar City Council Regular Meeting November 17, 2025
Agenda Page 4
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us
6. First Amendment to Agreement with NOVA Services, Inc. for As-Needed Geotechnical Services
Recommended Action: Staff recommends that the City Council: 1) Approve the First Amendment to the Agreement between the City of Del Mar and Barnett Quality Control Services, Inc. dba NOVA Services, Inc. (NOVA) for As-Needed Geotechnical Services (Agreement) to extend the term for an additional two-year period and amend the fee schedule (Attachment A), and 2) Authorize the City Manager to execute the First Amendment.
Reference: Clerk’s File No. 406-1
7. Second Amendment to Agreement with Utility Specialists Southwest, Inc. for As-Needed Specialized Electrical Engineering Services Recommended Action: Staff recommends that the City Council: 1) Approve the Second Amendment to the Agreement between the City of Del Mar and Utility Specialists Southwest, Inc. for As-Needed Specialized Electrical Engineering Services (Attachment A) to extend the agreement term through December 16, 2027, and 2) Authorize the City Manager to execute the Second Amendment.
Reference: Clerk’s File No. 406-1, 1001-2
8. Adoption of an Ordinance to Amend Municipal Code Chapter 23.50 and Repeal and Replace Chapter 23.51 Related to Trees, Scenic Views, and Sunlight Regulations (A25-001)
Recommended Action: Staff recommends that the City Council adopt an Ordinance (Attachment A) to: 1) Repeal and replace the City’s Trees, Scenic Views, and Sunlight (TSVS) regulations within Del Mar Municipal Code (DMMC) Chapter 23.51; and 2) Amend related code sections of the City’s Tree regulations within DMMC Chapter 23.50 (A25-001).
Reference: Clerk’s File No. 401-4, 401-9
VIII. PUBLIC HEARING
9. Encroachment Permit EP25-075 – A Request to Retain Existing Unpermitted Planter Walls, Brick Columns, and Associated Improvements within the Public Right-of-Way at 1639 Luneta Drive; Applicant: 1639 LLC Recommended Action: Staff recommends the City Council adopt the attached Resolution (Attachment A) denying a Long-term Major Encroachment Permit (EP) 25-075 to retain the existing unpermitted planter walls and brick columns with wood slab fencing on the east and west sides of the property located at 1639 Luneta Drive that are located within the public right-of-way based on non- Del Mar City Council Regular Meeting November 17, 2025
Agenda Page 5
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us compliance with the Del Mar Municipal Code (DMMC) and City Council Policy 110 (Private Encroachments into City Rights-of-Way).
Reference: Clerk’s File No. 802-1
IX. COUNCIL MEETING RECESS
X. CITY COUNCIL OTHER BUSINESS
10. Camino Del Mar Bridge Replacement Project Update and Eighth Amendment to the Professional Services Agreement with Kleinfelder, Inc.
Recommended Action: Staff recommend that the City Council receive an informational update regarding the Camino Del Mar Bridge Project and: 1) Approve the Eighth Amendment (Attachment A) to the Professional Services Agreement with Kleinfelder, Inc. for engineering design services for the Camino Del Mar Bridge Replacement; and 2) Authorize the City Manager to execute the Eighth Amendment.
Reference: Clerk’s File No. 406-1
XI. REGIONAL ORGANIZATION REPORTS
A Councilmember assigned as a liaison to a regional organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report unless the item of business within the report is described in the agenda.
A. Clean Energy Alliance JPA (CEA) Board of Directors (Spelich/Gaasterland) B. CSA-17 Ambulance District Advisory Board (Martinez/Quirk) C. Fire Governance Board, Solana Beach/Del Mar/Encinitas (Martinez/Spelich) D. League of California Cities – San Diego Chapter (Gaasterland/Martinez) E. North County Transit District (NCTD) (Martinez/Spelich) F. Regional Solid Waste Association (Spelich/Quirk)
G. San Diego Association of Governments Board (SANDAG)
(Gaasterland/Martinez/Spelich)
H. SANDAG Borders Committee
I. SANDAG Regional Planning Committee
J. SANDAG Shoreline Preservation Working Group
(Spelich/Gaasterland/Martinez)
K. SANDAG LOSSAN Executive Task Force (Gaasterland/Martinez) L. San Diego Metropolitan Wastewater Commission/JPA (Worden) Recommendation: Receive Written Report (Worden)
M. San Dieguito River Valley Regional Open Space Park JPA –Executive Committee (Gaasterland/Martinez)
N. Other Regional Organization Reports
XII. COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY ORG REPORTS A Councilmember assigned as a liaison to a City Committee, Council Subcommittee OR Community Organization may make a written or oral report. State law precludes the Del Mar City Council Regular Meeting November 17, 2025
Agenda Page 6
1050 Camino del Mar, Del Mar, CA 92014 www.delmar.ca.us Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A. Del Mar Community Connections (Martinez/Spelich)
B. Del Mar Village Association (Gaasterland/Martinez)
C. Finance Committee (Gaasterland/Spelich)
D. Housing Subcommittee (Gaasterland/Martinez)
E. Human Resources Subcommittee (Gaasterland/Martinez)
F. Legislative Subcommittee (Gaasterland/Martinez)
G. Measure Q Citizen Oversight Committee (Quirk/Gaasterland) H. Parks and Recreation Committee (Martinez/Quirk)
I. Del Mar Railroad Subcommittee (Gaasterland/Martinez) J. Lagoon Committee (Gaasterland/Spelich)
K. Planning Process Subcommittee (Includes Sea-Level Rise Adaptation Plan Implementation (Gaasterland/Spelich)
L. Shores Park Master Plan Ad-Hoc Advisory Committee (Gaasterland/Spelich) M. Sustainability Advisory Committee (Martinez/Gaasterland) N. Traffic and Parking Advisory Committee (Quirk/Spelich) O. Undergrounding Program Advisory Committee (Gaasterland/Spelich) P. Other Committee-Subcommittee Reports
XIII. UPCOMING AGENDA ITEMS
The following topics/items are tentatively planned for upcoming agendas. The title, wording, and planned date for these items are subject to change. Final agendas are posted at City Hall 72 hours in advance of the meetings and are also posted on our web site with the accompanying staff report. Please watch our web site:
www.delmar.ca.us for City Council Agendas.
December 1, 2025
Update on Jimmy Durante Blvd Pavement and Traffic Striping Improvement Project Pending Coastal Commission Action on Del Mar's Post-Certification Maps for Certified Local Coastal Program
XIV. CERTIFICATION
I, Sarah Krietor, Administrative Services Manager/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on the 13th day of November, 2025 at approximately 3:00 p.m.
___________________________________________ 11/13/2025
Sarah Krietor, Administrative Services Manager/ Date
City Clerk
CITY OF DEL MAR
CITY COUNCIL REGULAR MEETING MINUTES
NOVEMBER 3, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar California 92014
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City's Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda has published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313.
CALL TO ORDER
Mayor Terry Gaasterland called the Regular Meeting to order at 4:39 p.m.
ROLL CALL
Present: Mayor Terry Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich
Absent: Councilmember Dan Quirk
CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Leslie Devaney reported that for the November 3, 2025, Closed Session, Councilmember Quirk was absent and there were no reportable actions.
PLEDGE OF ALLEGIANCE
Mayor Gaasterland led the Pledge of Allegiance.
PUBLIC ORAL COMMUNICATIONS
None.
CITY COUNCIL COMMUNITY ANNOUNCEMENTS
None.
CITY MANAGER’S REPORT
City Manager Ashley Jones reported that the City completed an emergency repair to a broken sewer manhole located in the alley east of Camino del Mar, between 23rd Street and Court Street. The alley, which does not provide resident access, will remain closed until Friday, November 7, to allow the concrete surface to properly cure to a traffic-bearing strength.
PRESENTATIONS
ITEM 1: LEGISLATIVE UPDATE FROM TOWNSEND PUBLIC AFFAIRS (CLERK’S FILE NO. 401-8)
Special Programs and Project Manager Kaitlyn Elliot-Norgrove introduced the item. A presentation was provided by Senior Associate Elisa Arcidiacono with City consultant Townsend Public Affairs. 1 November 17, 2025 Item 1
City Council Regular Minutes
November 3, 2025
City Council questions and discussion focused on appreciation for the presentation; location of the district represented by Senate President Pro Tempore Monique Limón; how committee appointments are affected by a new Senator Pro Tempore; clarification on tiers of cities related to Senate Bill 79; legislative process and timing for the City to receive funding for its living levee project as requested by Congressman Mike Levin; and whether affordable housing requirements where included in Senate Bill 79.
There were no public speakers for the item.
CONSENT CALENDAR
Administrative Services Manager/City Clerk Sarah Krietor read the titles of the items included on the Consent Calendar. There were no public speakers for the consent calendar items.
IT WAS MOVED BY MAYOR GAASTERLAND, SECONDED BY COUNCILMEMBER SPELICH TO APPROVE THE CONSENT CALENDAR ITEMS 2 THROUGH 9 AND 11. (VOTE 3-0-1 WITH
COINCILMEMBER QUIRK ABSENT)
Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmember Spelich; Noes: 0; Recuse: 0;
Absent: Councilmember Quirk; Abstain: 0.
ITEM 2: APPROVAL OF MINUTES: OCTOBER 20, 2025, REGULAR AND SPECIAL MEETING (CLERK’S MINUTES BOOK)
Council approved the minutes, on consent.
ITEM 3: RATIFICATION OF LIST OF DEMANDS, DATED NOVEMBER 3, 2025 (CLERK’S FILE NO. 201-3)
Council approved the list of demands, on consent.
ITEM 4: WAIVER OF READING OF ORDINANCES ON AGENDA (CLERK’S FILE NO. 401-4) Council waived the reading of ordinances, on consent.
ITEM 5: 2026 CITY COUNCIL MEETING SCHEDULE (CLERK’S FILE NO. 401-1) Council adopted Resolution 2025-34, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, DESIGNATING REGULAR MEETINGS OF THE CITY COUNCIL FOR THE 2026 CALENDAR YEAR” approving the 2026 City Council Meeting Schedule as directed by the City Council on October 20, 2025.
ITEM 6: APPROVAL OF THE 2026 ADVISORY COMMITTEE MEETING SCHEDULE (CLERK’S FILE NO. 401-5)
Council approved the 2026 Advisory Committee Meeting Schedule, on consent.
ITEM 7: APPOINTMENT TO THE MEASURE Q CITIZEN OVERSIGHT COMMITTEE (CLERK’S FILE NO. 401-5)
2 November 17, 2025 Item 1
City Council Regular Minutes
November 3, 2025
Council reappointed Tom McGreal to the Measure Q Citizen Oversight Committee as a voting member for a full three-year term from November 16, 2025, through November 30, 2028, on consent.
ITEM 8: SHORES PARK MASTER PLAN AD-HOC ADVISORY COMMITTEE APPOINTMENTS (CLERK’S FILE NO. 401-5)
Mayor Gaasterland opened public communication, and Lynn Gaylord spoke. Mayor Gaasterland closed public communication.
Council adopted Resolution 2025-35, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DEL MAR, CALIFORNIA, AMENDING AND RESTATING THE SHORES PARK
MASTER PLAN AD-HOC ADVISORY COMMITTEE CHARTER TO EXPAND MEMBERSHIP SIZE FROM NINE TO SEVEN MEMBERS” amending the Shores Park Master Plan Ad-Hoc Advisory Committee’s charter to increase the membership size from seven to nine members; and appointed the following individuals to serve on the committee effective November 3, 2025: Saniya Bloomer; Alessandra Franco; Will Holliday; Joe Sullivan; Larry Brooks; and Judd Halenza as resident voting members; Lynn Gaylord as a resident voting member from the Parks and Recreation Committee; Kim Kanetis as an ex-officio, non-voting member representing the Winston School; and Thomas Neuman as an ex-officio, non-voting member representing the users of the Del Mar Community Building, on consent.
ITEM 9: TREASURER’S INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2025 (CLERK’S FILE NO. 102-2, 209-2)
Council received and filed the informational Treasurer’s Investment Report for the Quarter Ended September 30, 2025, on consent.
PUBLIC HEARING
ITEM 10: RE-INTRODUCTION OF AN ORDINANCE TO AMEND MUNICIPAL CODE CHAPTER
23.50 AND REPEAL AND REPLACE CHAPTER 23.51 RELATED TO TREES, SCENIC VIEWS, AND SUNLIGHT REGULATIONS (A25-001) (CLERK’S FILE NO. 401-4,401-9) An introduction to the item was provided by City Manager Jones. A presentation was provided by Principal Planner Matt Bator. Planning & Community Development Director Karen Brindley and Assistant City Attorney Ralph Hicks were available to answer questions.
Council questions and discussion focused on the Council’s ability to make limited amendments to the proposed ordinance consistent with the public notice provisions and without triggering a re-introduction of the ordinance; provisions of the proposed ordinance related to tree removals, specifically those close to Accessory Dwelling Units (ADUs); clarification on language related to maintenance plans and restoration process; routine tree trimming of City trees related to safety and minimizing impacts to views; primary living area for views and sunlight; request to reconsider whether conditions of restorative action as a covenant could be added back to the ordinance; cost allocation considerations for restorative action plans and what constitutes a “good faith effort” on the part of the parties involved; and how the proposed TSVS ordinance relates to updated fire codes.
Mayor Gaasterland opened the item to public comment and the following people spoke:
1) Janet Wilson with one donation of time from Nigel Hook 3 November 17, 2025 Item 1
City Council Regular Minutes
November 3, 2025
2) Carol Kerridge
Mayor Gaasterland closed the item to public comment.
IT WAS MOVED BY MAYOR GAASTERLAND AND SECONDED BY COUNCILMEMBER SPELICH TO INTRODUCE THE ORDINANCE TO REPEAL AND REPLACE REPEAL AND REPLACE CITY’S
TREES, SCENIC VIEWS, AND SUNLIGHT (TSVS) REGULATIONS WITHIN DEL MAR MUNICIPAL CODE (DMMC) CHAPTER 23.51 WITH THE REVISION TO INCLUDE EXISTING CODE LANGUAGE CURRENTLY IN 23.51.040(H) THAT ALLOWS FOR RESTORATIVE ACTIONS AND MAINTENANCE CONDITIONS TO BE RECORDED IN “COVENANTS” WHEN DETERMINED TO THE NECESSARY AS NEW CODE SECTION 23.51.080(D); AMEND RELATED CODE SECTIONS OF THE CITY’S TREE REGULATIONS WITHIN DMMC CHAPTER 23.50; ADOPT THE CEQA DETERMINATION THAT THE ADOPTION OF THE ORDINANCE IS EXEMPT PURSUANT TO SECTION 15061(B)(3) (GENERAL RULE) OF THE CEQA GUIDELINES; AND SET THE ADOPTION OF THE ORDINANCE FOR THE NOVEMBER 17, 2025, CITY COUNCIL MEETING (VOTE 3-0-1 WITH COUNCILMEMBER QUIRK
ABSENT)
Ayes: Mayor Gaasterland; Deputy Mayor Martinez; Councilmember Spelich; Noes: 0; Recuse: 0;
Absent: Councilmember Quirk; Abstain: 0.
CITY COUNCIL OTHER BUSINESS
ITEM 11: AUTHORIZATION TO ISSUE REQUEST FOR QUALIFICATIONS (RFQ) FOR CITY ATTORNEY SERVICES AND CONFIRMATION OF PROCESS (CLERK’S FILE NO. 601-4)
The City Council directed staff to issue a request for qualifications (RFQ) for contract city attorney services and confirmed the City Council appointed Human Resources Subcommittee, consisting of Mayor Gaasterland and Deputy Mayor Martinez, is designated to work with the City Manager to facilitate the process as further described in the agenda report, on consent.
REGIONAL ORGANIZATION AND COUNCIL COMMITTEES/SUBCOMMITTEES/COMMUNITY
ORGANIZATION REPORTS
City Council representatives reported on the Clean Energy Alliance (CEA); North County Transit District (NCTD); Undergrounding Program Advisory Committee (UPAC); Sustainability Advisory Committee (SAC); Shores Park Master Plan Ad-Hoc Advisory Committee; and San Dieguito River Valley Regional Open Space JPA.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 6:25 p.m.
____
Sarah Krietor, Administrative Services Manager/
City Clerk
4 November 17, 2025 Item 1
DEL MAR CITY COUNCIL
SPECIAL MEETING MINUTES
CLOSED SESSION
NOVEMBER 3, 2025
City of Del Mar Town Hall
1050 Camino del Mar, Del Mar, California 92014
CALL TO ORDER
Mayor Terry Gaasterland called the meeting to order at 3:30 p.m.
ROLL CALL
Present: Mayor Terry Gaasterland; Deputy Mayor Tracy Martinez; Councilmember John Spelich
Absent: Councilmember Dan Quirk
CLOSED SESSION
A) Conference with Legal Counsel - Significant Exposure to Litigation Number of Cases: One
Description: Trees Scenic Views and Sunlight Ordinance
Authority: Government Code Section 54956.9(d)(2)
Reportable Action: None.
B) Conference with Legal Counsel – Potential Initiation of Litigation Number of Cases: One
Description: Response to threat pertaining to City Hall Authority: Government Code Section 54956.9(d)(4)
Reportable Action: None.
ADJOURNMENT
Mayor Gaasterland adjourned the meeting at 4:35 p.m.
_______________________________________
Sarah Krietor, Administrative Services Manager/
City Clerk
5 November 17, 2025 Item 1
Vendor Payment Checks $ 212,345.64
Voids -
Electronic Fund Transfers (EFT) 765,993.89
Electronic Wires 182,575.17
Total $ 1,160,914.70
Approved by: Approved by:
Marco Camacho Terry Gaasterland
Finance Manager/Treasurer Mayor
Date: Date:
Attachments: Check Registers
LIST OF DEMANDS
CITY OF DEL MAR
for
City Council Meeting
November 17, 2025
11/10/25
1 November 17, 2025 Item 2
10/29/2025
Check List
City of Del Mar
1 1:14:47PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7272 10/30/2025 cha71 CHARTER COMM HOLDINGS LLC, CHARTER COMMUNICATIONS 189123101 10/14/2025 LIFEGUARD FIBER OCT 490.13 Voucher: 7272 189125301 10/14/2025 CH FIBER TO LFGRDS OCT 490.13 189123801 10/14/2025 LFGRD FIBER OCT 412.74
189125701 10/14/2025 CH FIBER TO FIRE OCT 412.74
189125801 10/14/2025 VIDEO TRANSPORT/PEG CH OCT 335.35
189112801 10/14/2025 VIDEO TRANSPORT/PEG OCT 335.35
189123401 10/14/2025 CABLE/INTERNET PW OCT 231.19
8448 41 006 017146310/13/2025 PUBLIC WIFI PHCC OCT 166.25 189125501 10/14/2025 PUBLIC WIFI CH OCT 119.99
189125401 10/14/2025 DMTV INTERNET OCT 119.99
189123001 10/14/2025 LFGRD CABLE/INTERNET OCT 100.00
189125201 10/14/2025 INTERNET TV STUDIO OCT 93.34
189125601 10/14/2025 INTERNET CH OCT 1,390.13
189123701 10/14/2025 FIBER CONNECTION PW OCT 567.52 5,264.85 7273 10/30/2025 civ02 CIVIC SOLUTIONS INC 107070 10/2/2025 CONSULTING SRVCS SEP 12,107.50 Voucher: 7273 107071 10/2/2025 CONSULTING SRVCS SEP 164.00 12,271.50 7274 10/30/2025 civ01 CIVICPLUS LLC 344447 10/1/2025 CODE HOSTING 730.80 730.80 Voucher: 7274
7275 10/30/2025 coa21 COAST NEWS GROUP 00158780 10/3/2025 AD - ADMIN HEARING 286.75 Voucher: 7275 00158866 10/10/2025 AD - PUBLIC HEARING 166.63 00158864 10/10/2025 AD - PUBLIC HEARING 147.25
00158865 10/10/2025 AD - PUBLIC HEARING 139.50 740.13
7276 10/30/2025 dix01 DIXIELINE LUMBER CO 06-0617598 10/9/2025 TOOLS/EQUIP PW 25.13 Voucher: 7276 06-0617636 10/9/2025 TOOLS/EQUIP PW 22.86 06-0617308 10/7/2025 TOOLS/EQUIP PW 7.03
06-0618733 10/20/2025 OPERATING SUPP CS 369.37
06-0617724 10/10/2025 TOOLS/EQUIP PW 325.28
06-0618372 10/16/2025 SM TOOLS PW 155.62
06-0618843 10/20/2025 OPERATING SUPP FIRE 84.11
06-060915 7/17/2025 OPERATING SUPP PW 41.30
06-0608727 7/31/2025 OPERATING SUPP PW 37.57
06-0607988 7/24/2025 OPERATING SUPP PW 36.76 1,105.03
7277 10/30/2025 hel04 HELIX ENVIRONMENTAL PLANNING 130372 10/21/2025 X1A CREST CNYTN OCT 5,403.34 5,403.34 Voucher: 7277
Page: 1
2 November 17, 2025 Item 2
10/29/2025
Check List
City of Del Mar
2 1:14:47PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7278 10/30/2025 kle01 KLEINFELDER 1555747 10/17/2025 CDM BRIDGE SEP 126,622.74 126,622.74 Voucher: 7278
7279 10/30/2025 kno10 KNOX COMPANY INV-KA-455695 10/14/2025 MED VAULT FIRE 4,617.53 4,617.53 Voucher: 7279
7280 10/30/2025 ful01 KURT MORGAN 44316 10/22/2025 REG/WNDW ENVLPS CH 1,570.11 1,570.11 Voucher: 7280
7281 10/30/2025 mic11 MICHAEL BAKER INTERNATIONAL 1262283 9/26/2025 CITY ENGR SRVCS AUG 14,306.50 Voucher: 7281 1263180 10/7/2025 CITY ENGR SRVCS SEP 44,203.93 58,510.43 7282 10/30/2025 par51 PARKWOOD LANDSCAPE MAINT INC 110122 9/29/2025 LANDSCAPE SRVCS PW SEP 678.47 678.47 Voucher: 7282
7283 10/30/2025 san03 SAN DIEGO COUNTY WATER AUTH. 0925-2 10/8/2025 RAW WATER SEP 187,134.00 187,134.00 Voucher: 7283
7284 10/30/2025 tru09 TRUE NORTH COMPLIANCE SRVCS DM25-09 10/7/2025 BLDG CODE PC INSP SEP 23,083.60 23,083.60 Voucher: 7284
7285 10/30/2025 wex01 WEX BANK 0496-00-496530-7 10/6/2025 GAS & OIL PW SEP 4,855.40 Voucher: 7285 0496-00-495760-1 10/6/2025 GAS & OIL FIRE SEP 1,297.71 6,153.11 Sub total for EFT GENERAL ACCOUNT US BANK: 433,885.64
Page: 2
3 November 17, 2025 Item 2
10/29/2025
Check List
City of Del Mar
3 1:14:47PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140315 10/30/2025 adt02 ADT SECURITY SERVICES 1167670671 10/13/2025 ALARM INSTALL PW 174.00 Voucher: 140315 1172607833 10/13/2025 ALARM PW NOV 132.98 306.98 140316 10/30/2025 sbc03 AT&T 9391031506 10/20/2025 TELEPHONE OCT 61.27 61.27 Voucher: 140316
140317 10/30/2025 att10 AT&T, ATTN: CWO 10202025 10/20/2025 UG - 1B STRATFORD N 78,100.50 78,100.50 Voucher: 140317
140318 10/30/2025 bar29 BARNETT QUALITY CONTROL SRVCS, DBA NOVA SRVCS INC 25658 10/11/2025 UTILITY UG DIST X1A 540.00 540.00 Voucher: 140318
140319 10/30/2025 cal67 CALIFORNIA BUILDING STANDARDS, COMMISSION 10272025 10/27/2025 BLDG STNDRDS FEE JUL/SEP 164.00 164.00 Voucher: 140319
140320 10/30/2025 sol01 CITY OF SOLANA BEACH 10272025 10/27/2025 OFF TRACK JUL 152.47 152.47 Voucher: 140320
140321 10/30/2025 cou03 COUNTY OF SAN DIEGO-A/REC/CLK 202500924 10/8/2025 RECORDING FEE SEP 2.00 2.00 Voucher: 140321
140322 10/30/2025 coy02 COYLE, DAVID 10272025 10/27/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140322
140323 10/30/2025 del24 DEL MAR BEACH HOTEL, C/O DENNIS SZUBERLA 10272025 10/27/2025 PERMIT REFUND 1,584.00 1,584.00 Voucher: 140323
140324 10/30/2025 dep07 DEPT OF CONSERVATION 10272025 10/27/2025 SMIP FEES JUL/SEP 672.03 672.03 Voucher: 140324
140325 10/30/2025 fel05 FELDMAN, KRISTEN 10272025 10/27/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140325
140326 10/30/2025 fir19 FIRECATT LLC 17096 10/6/2025 FIRE HOSE TESTING 1,793.75 1,793.75 Voucher: 140326
140327 10/30/2025 gon04 GONG, JEREMY 10202025 10/20/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140327
140328 10/30/2025 int09 GREGORY CONLEY, DBA INTELLIDESIGN LLC 489 10/9/2025 SCADA MAINT SEP 572.44 572.44 Voucher: 140328
140329 10/30/2025 her25 HERBURGER, GREG 10202025 10/20/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140329
140330 10/30/2025 hom01 HOME DEPOT CREDIT SRVCS6035 3225 0103 77609/28/2025 OPERATING SUPP PW 1,985.89 1,985.89 Voucher: 140330
140331 10/30/2025 jnh01 JNH CONSTRUCTION, INC. 10272025 10/27/2025 LIGHT REFIN PROJ #5 (RTNTN) 4,886.50 4,886.50 Voucher: 140331
Page: 3
4 November 17, 2025 Item 2
10/29/2025
Check List
City of Del Mar
4 1:14:47PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140332 10/30/2025 joh32 JOHNSON CONTROLS SEC SOLUTIONS 41806563 10/11/2025 ALARM LIBRARY NOV/JAN 1,003.41 1,003.41 Voucher: 140332
140333 10/30/2025 law10 LAW OFFICE OF JULIE M HAMILTON 10222025 10/22/2025 APPEAL REFUND 250.00 250.00 Voucher: 140333
140334 10/30/2025 lie01 LIEBERT, CASSIDY WHITMORE307387 9/30/2025 LEGAL FEES SEP 771.00 771.00 Voucher: 140334
140335 10/30/2025 meh01 MEHRA, LOKESH 10202025 10/20/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140335
140336 10/30/2025 nap01 NAPA AUTO PARTS 745078 10/10/2025 VEHICLE MAINT SUPP PW 151.28 Voucher: 140336 745260 10/13/2025 VEHICLE MAINT SUPP PW 109.78 261.06 140337 10/30/2025 por10 PORTABLE STORAGE CORP 169372 10/21/2025 STORAGE CS NOV 176.00 176.00 Voucher: 140337
140338 10/30/2025 rcp01 RCP BLOCK & BRICK INC. 33453498 9/8/2025 FLAGSTONE PW 88.80 88.80 Voucher: 140338
140339 10/30/2025 sdg01 SAN DIEGO GAS & ELECTRIC0042 2198 4063 2 10/15/2025 UTILITIES SEP 6,199.73 6,199.73 Voucher: 140339
140340 10/30/2025 sdg02 SAN DIEGO GAS & ELECTRIC0057 1108 9098 1 10/7/2025 UTILITIES SEP 13.76 Voucher: 140340 0057 1108 9098 1 9/5/2025 UTILITIES AUG 13.70 0057 1108 9098 1 8/6/2025 UTILITIES JUL 0.94 28.40
140341 10/30/2025 san20 SAN DIEGUITO RIVER PARK, A JOINT POWERS AUTHORITY 10272025 10/27/2025 OFF TRACK JUL 76.24 76.24 Voucher: 140341
140342 10/30/2025 sde01 SD ELECTRIC BIKE LLC, DBA SD ELECTRIC BIKE 15028 10/24/2025 ELEC BIKE MAINT CS 55.82 55.82 Voucher: 140342
140343 10/30/2025 sig12 SIGNA DIGITAL SOLUTIONS INCAR-S336835 10/24/2025 QTRLY COPIER CH 2,087.85 2,087.85 Voucher: 140343
140344 10/30/2025 sig14 SIGNTECH ELECTRICAL ADVERTISIN 10272025 10/27/2025 PERMIT REFUND 1,743.87 1,743.87 Voucher: 140344
140345 10/30/2025 uni31 UNITED SITE SRVCS OF, CALIFORNIA INC 114-14142714 10/16/2025 PORTABLE RESTROOM - OCT 1,450.85 Voucher: 140345 114-14142717 10/16/2025 PORTABLE RESTROOM - OCT 565.25 114-14142716 10/16/2025 PORTABLE RESTROOM - OCT 265.25 2,281.35 140346 10/30/2025 ver03 VERIZON WIRELESS 872374736-00003 9/18/2025 TELEPHONE SEP 3,988.02 Voucher: 140346 570653198-00006 9/18/2025 TELEPHONE SEP 1,502.93 872374736-00003 10/18/2025 TELEPHONE OCT 269.75
570653198-00006 10/18/2025 TELEPHONE OCT 239.57 6,000.27 Page: 4
5 November 17, 2025 Item 2
10/29/2025
Check List
City of Del Mar
5 1:14:47PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140347 10/30/2025 wal27 WALKER, CAROLINE 10242025 10/24/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140347
140348 10/30/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83586404 10/21/2025 JANITORIAL SUPPLIES 1,086.65 Voucher: 140348 83582225 10/20/2025 JANITORIAL SUPPLIES 95.70 1,182.35 140349 10/30/2025 wes29 WEST COAST ARBORISTS INC234262 9/15/2025 TREE MAINT 9/1 - 9/15 570.00 570.00 Voucher: 140349
Sub total for GENERAL ACCOUNT US BANK: 118,397.98
Page: 5
6 November 17, 2025 Item 2
10/29/2025
Check List
City of Del Mar
6 1:14:47PM
apChkLst Final Page:
49 checks in this report. Grand Total All Checks: 552,283.62 Page: 6
7 November 17, 2025 Item 2
10/29/2025
Check List
City of Del Mar
1 4:12:29PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7286 10/30/2025 lif06 GEN DIGITAL INC. 10010624012 10/20/2025 VOL LIFELOCK BENEFITS 135.92 135.92 Voucher: 7286
7287 10/30/2025 leg04 LEGALACCESSPLANS USA, CREDIT TO 1000178 57887 10/20/2025 VOL LEGAL EASE INSURANCE: PAYMENT 143.60 143.60 Voucher: 7287
Sub total for EFT GENERAL ACCOUNT US BANK: 279.52
Page: 1
8 November 17, 2025 Item 2
10/29/2025
Check List
City of Del Mar
2 4:12:29PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 8124 10/30/2025 hea02 HEALTH NET BFC29ANOV25 10/20/2025 HEALTH INS NOV 44,028.52 44,028.52 Voucher: 8124
8125 10/30/2025 kai01 KAISER PERMANENTE 475311839625 10/20/2025 HEALTH INS NOV 15,700.01 15,700.01 Voucher: 8125
8126 10/30/2025 mut01 MUTUAL OF OMAHA 001971862689 10/20/2025 AD&D LIFE B&D NOV 4,809.32 4,809.32 Voucher: 8126
8127 10/30/2025 pri11 PRINCIPAL FINANCIAL GROUP, PLIC-SBD GRAND ISLAND 1003938-10001NOV25 10/20/2025 DENTAL/VISION INS NOV 5,447.23 5,447.23 Voucher: 8127
8128 10/30/2025 sun11 SUN LIFE ASSURANCE CO, OF CANADA 915639-0001NOV2510/20/2025 FF LIFE INS OCT 54.00 54.00 Voucher: 8128
140350 10/30/2025 cap01 CAPF CA PUBLIC SAFETY ADMIN Ben182199 10/17/2025 CAPF: PAYMENT 234.00 234.00 Voucher: 140350
Sub total for GENERAL ACCOUNT US BANK: 70,273.08
Page: 2
9 November 17, 2025 Item 2
10/29/2025
Check List
City of Del Mar
3 4:12:29PM
apChkLst Final Page:
8 checks in this report. Grand Total All Checks: 70,552.60 Page: 3
10 November 17, 2025 Item 2
10/30/2025
Check List
City of Del Mar
1 11:13:05AM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 4174 10/31/2025 irs01 IRS, UNITED STATES TREASURY Ben182394 10/31/2025 FEDERAL TAX: PAYMENT 40,640.96 40,640.96 Voucher: 4174
4175 10/31/2025 per01 PERS Ben182396 10/31/2025 PERS CONTRIBUTIONS: PAYMENT 57,102.18 57,102.18 Voucher: 4175
4176 10/31/2025 edd01 EMPLOYMENT DEVELOPMENT DEPT Ben182398 10/31/2025 STATE TAX: PAYMENT 11,816.46 11,816.46 Voucher: 4176
4177 10/31/2025 per02 PERS 457 Ben182400 10/31/2025 CALPERS 457 DEFERRED COMP: PAYMENT 2,976.49 2,976.49 Voucher: 4177
Sub total for GENERAL ACCOUNT US BANK: 112,536.09
Page: 1
11 November 17, 2025 Item 2
10/30/2025
Check List
City of Del Mar
2 11:13:05AM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7288 10/31/2025 mis07 107413 STATE ST BANK & TRUST, MS 107413 PLAN 401A Ben182390 10/31/2025 401A PLAN: PAYMENT 555.16 555.16 Voucher: 7288
7289 10/31/2025 mis08 303845 STATE ST BANK & TRUST, MS 457 PLAN OBI 303845 Ben182386 10/31/2025 MISSION SQUARE 457B: PAYMENT 9,871.41 9,871.41 Voucher: 7289
7290 10/31/2025 mis09 803808 STATE ST BANK & TRUST, MS RHS PLAN OBI 803808 Ben182392 10/31/2025 RETIREMENT HEALTH SAVINGS 3%: PAYMENT 748.81 748.81 Voucher: 7290
7291 10/31/2025 par21 U.S. BANK PARS FFC 6746022400, CITYDELMAR ATTN B BERGMAN Ben182388 10/31/2025 PUBLIC AGENCY RETIREMENT SRVCS: PAYMENT 1,747.63 1,747.63 Voucher: 7291
Sub total for EFT GENERAL ACCOUNT US BANK: 12,923.01
Page: 2
12 November 17, 2025 Item 2
10/30/2025
Check List
City of Del Mar
3 11:13:05AM
apChkLst Final Page:
8 checks in this report. Grand Total All Checks: 125,459.10 Page: 3
13 November 17, 2025 Item 2
11/05/2025
Check List
City of Del Mar
1 12:22:38PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7292 11/7/2025 kay01 ADAM KAYE 10312025 10/31/2025 COMM SRVCS OCT 3,975.00 3,975.00 Voucher: 7292
7293 11/7/2025 als02 ALS GROUP USA CORP 522504499 8/19/2025 WATER SAMPLING AUG 676.00 676.00 Voucher: 7293
7294 11/7/2025 cal81 CALLTOWER INC 202814330 10/25/2025 TELEPHONE NOV 269.88 269.88 Voucher: 7294
7295 11/7/2025 phi01 CLEAN EARTH 72404409493 10/31/2025 HSHLD HAZ WASTE - OCT 130.96 130.96 Voucher: 7295
7296 11/7/2025 cor15 CORONADO MOBILE STORAGE INC NOV-25 11/1/2025 STORAGE CONTRS NOV 255.00 255.00 Voucher: 7296
7297 11/7/2025 del14 DEL MAR VILLAGE ASSOCIATION 5 11/4/2025 DMVA AGRMNT SEP 27,471.28 27,471.28 Voucher: 7297
7298 11/7/2025 dev02 DEVANEY PATE MORRIS & CAMERON 11032 10/20/2025 LEGAL FEES SEP 9,319.80 Voucher: 7298 11012 10/20/2025 LEGAL FEES SEP 1,311.00
11033 10/20/2025 LEGAL FEES SEP 869.00
11038 10/20/2025 LEGAL FEES SEP 512.40 12,012.20
7299 11/7/2025 dix01 DIXIELINE LUMBER CO 06-0619849 10/28/2025 BLDG MAINT SUPP CS 296.63 Voucher: 7299 06-0614001 9/11/2025 OPERATING SUPP CS 64.54 91-0281029 8/29/2025 OPER SUPP RFND CS -29.32 331.85
7300 11/7/2025 fer07 FERGUSON ENTERPRISES LLC, DBA FERGUSON WATERWORKS 0888978 10/16/2025 WATER METER PARTS 2,799.58 2,799.58 Voucher: 7300
7301 11/7/2025 fir13 FIREFIGHTERS PRINT & DESIGN 24966 9/24/2025 SHIFT CALENDARS CY26 1,060.14 1,060.14 Voucher: 7301
7302 11/7/2025 ips02 IPS GROUP INC INV117318 10/31/2025 PRKG MTR TRANS FEE OCT 3,415.90 Voucher: 7302 INV116914 10/29/2025 DUAL PACK BATTERY 924.38 4,340.28 7303 11/7/2025 lif01 LIFE-ASSIST 2005695 10/27/2025 AMBULANCE SUPP FIRE 391.50 391.50 Voucher: 7303
7304 11/7/2025 pho01 PHOENIX GROUP INFO SYSTEMS 092025036 10/20/2025 CITE SRVCS - SEP 15,269.30 Voucher: 7304 0920251036 10/20/2025 ADMIN CITE SRVCS - SEP 363.12 15,632.42 7305 11/7/2025 pru01 PRUDENTIAL OVERALL SUPPLY132341757 10/24/2025 UNIFORMS PW - 10/24 70.52 70.52 Voucher: 7305
7306 11/7/2025 red04 REDFLEX TRAFFIC SYSTEMS INC INV0110792 10/31/2025 RED LIGHT CAMERA OCT 5,441.49 5,441.49 Voucher: 7306
Page: 1
14 November 17, 2025 Item 2
11/05/2025
Check List
City of Del Mar
2 12:22:38PM
apChkLst Final Page:
Bank : eusbnk EFT GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 7307 11/7/2025 san12 SAN DIEGO COUNTY SHERIFF10282025 10/28/2025 LAW ENF SEP 235,070.06 235,070.06 Voucher: 7307
7308 11/7/2025 san03 SAN DIEGO COUNTY WATER AUTH. 10272025 10/27/2025 METER UPGRADE 3,818.00 3,818.00 Voucher: 7308
7309 11/7/2025 san107 SAN DIEGO DIVERS 6523 9/27/2025 DIVE EQUIP MAINT CS 86.27 86.27 Voucher: 7309
7310 11/7/2025 sca12 SCA OF CA LLC CA25003338 10/27/2025 SWEEPING SRVCS OCT 3,899.39 3,899.39 Voucher: 7310
7311 11/7/2025 wex01 WEX BANK 0496-00-496745-1 10/23/2025 GAS & OIL CS OCT 1,173.90 1,173.90 Voucher: 7311
Sub total for EFT GENERAL ACCOUNT US BANK: 318,905.72
Page: 2
15 November 17, 2025 Item 2
11/05/2025
Check List
City of Del Mar
3 12:22:38PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140351 11/7/2025 15801 1582 MEDICAL CORPORATION1112 10/27/2025 NFPA ANNUAL EXAM 8,708.33 Voucher: 140351 1115 10/29/2025 MED TESTING FIRE 810.00 9,518.33 140352 11/7/2025 sbc03 AT&T 9391054486 10/20/2025 TELEPHONE OCT 186.07 Voucher: 140352 9391026230 10/20/2025 TELEPHONE OCT 62.46 9391026231 10/20/2025 TELEPHONE OCT 61.27
9391026228 10/20/2025 TELEPHONE OCT 31.41 341.21
140353 11/7/2025 bab03 BABCOCK LABORATORIES, INCCJ51456-10666 10/28/2025 WATER TESTING 575.00 575.00 Voucher: 140353
140354 11/7/2025 bar29 BARNETT QUALITY CONTROL SRVCS, DBA NOVA SRVCS INC 25608 10/11/2025 JDB LANDSLIDE MITIGATION 760.00 760.00 Voucher: 140354
140355 11/7/2025 cin02 CINTAS 5298256513 10/20/2025 FIRST AID KIT SUPP CH 40.67 40.67 Voucher: 140355
140356 11/7/2025 cit07 CITY OF SAN DIEGO 1000434426 10/24/2025 METRO SEWER Q2 5,647.00 5,647.00 Voucher: 140356
140357 11/7/2025 sol01 CITY OF SOLANA BEACH 10292025 10/29/2025 OFF TRACK AUG 336.06 336.06 Voucher: 140357
140358 11/7/2025 sta20 COLT SERVICES INC. 1572110 10/13/2025 CARPET CLEANING CH 5,224.80 5,224.80 Voucher: 140358
140359 11/7/2025 com20 COMFORT SOLUTIONS GROUP DBA, UNIVERSAL AUTOMATION SVCS 1616 10/28/2025 HVAC SRVCS CH OCT 887.00 887.00 Voucher: 140359
140360 11/7/2025 cou01 COUNTY OF SAN DIEGO 10072025 10/7/2025 PARKING BAIL SEP 30,231.50 30,231.50 Voucher: 140360
140361 11/7/2025 cou16 COUNTY OF SAN DIEGO - REGIONAL, COMM SYSTEM 26CTOFDMC04 11/1/2025 RCS PAGING SRVCS - OCT 70.00 70.00 Voucher: 140361
140362 11/7/2025 cro11 CROUT, ARETHA 11032025 11/3/2025 PHCC EVENT REFUND 800.00 800.00 Voucher: 140362
140363 11/7/2025 del06 DEL MAR AUTOMOTIVE SERVICE 051037 10/29/2025 VEHICLE MAINT PW #72 2,320.81 2,320.81 Voucher: 140363
140364 11/7/2025 dep04 DEPT. OF INDUSTRIAL RELATIONS E2219697 SD 10/22/2025 ELEVATOR INSP CS 125.00 125.00 Voucher: 140364
140365 11/7/2025 dun02 DUNN-EDWARDS PAINTS 2082A34862 10/30/2025 PAINT SUPPLIES CS 412.32 Voucher: 140365 2082A34863 10/30/2025 PAINT SUPPLIES CS 89.87 502.19 140366 11/7/2025 gal02 GALLS LLC 032869527 10/17/2025 UNIFORMS CS 10/17 804.14 804.14 Voucher: 140366
Page: 3
16 November 17, 2025 Item 2
11/05/2025
Check List
City of Del Mar
4 12:22:38PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140367 11/7/2025 gfo01 GFOA 5978 10/30/2025 BUDGET SUBMITTAL FEE 380.00 380.00 Voucher: 140367
140368 11/7/2025 gol16 GOLDFARB & LIPMAN LLP 487164 9/26/2025 LEGAL FEES JUL/AUG 3,298.00 Voucher: 140368 487943 10/27/2025 LEGAL FEES SEP 850.00 4,148.00 140369 11/7/2025 osh02 O'SHEA, RYAN & TAYLOR 20251009 10/29/2025 WATER METER UPGRADE 1,681.10 1,681.10 Voucher: 140369
140370 11/7/2025 pas06 PASCUAL Y PASCUAL BALTAZAR 92014 9/12/2025 CHAIN LINK FENCE PW 3,980.00 3,980.00 Voucher: 140370
140371 11/7/2025 por05 PORTILLO CONCRETE INC 2505-3005 10/30/2025 ASPHALT REPAIRS 7,458.00 7,458.00 Voucher: 140371
140372 11/7/2025 san136 SAN DIEGO COUNTY SHERIFF'S DEP, ATTN: F BERHE/FINANCIAL 10242025 10/24/2025 CAL-ID PROG JUL/DEC 429.60 429.60 Voucher: 140372
140373 11/7/2025 san107 SAN DIEGO DIVERS 6592 11/3/2025 DIVE EQUIP MAINT CS 103.50 103.50 Voucher: 140373
140374 11/7/2025 san138 SAN DIEGO ELEVATOR & LIFTS11420 10/24/2025 ELEVATOR MAINT CH OCT 500.00 500.00 Voucher: 140374
140375 11/7/2025 san112 SAN DIEGO HUMANE SOCIETY, & SPCA NOV-25 11/1/2025 ANIMAL SRVCS NOV 4,388.00 4,388.00 Voucher: 140375
140376 11/7/2025 san20 SAN DIEGUITO RIVER PARK, A JOINT POWERS AUTHORITY 10292025 10/29/2025 OFF TRACK AUG 168.03 168.03 Voucher: 140376
140377 11/7/2025 sig12 SIGNA DIGITAL SOLUTIONS INCAR-S336829 10/24/2025 COPIER PW OCT 567.21 567.21 Voucher: 140377
140378 11/7/2025 sma04 SMARTSENSE BY DIGI INVUS714322 8/14/2025 TEMP MONITOR CH 1,008.00 Voucher: 140378 INVUS711019 8/11/2025 TEMP MONITOR IT 450.00 1,458.00 140379 11/7/2025 son02 SONSRAY MACHINERY LLC SWO081437 10/20/2025 MACHINE REPAIRS PW 2,099.38 2,099.38 Voucher: 140379
140380 11/7/2025 ter01 TERMINIX INT CO LTD, PARTNERSHIP 465049250 10/17/2025 PEST CONTROL FIRE - OCT 30.74 30.74 Voucher: 140380
140381 11/7/2025 t-mo01 T-MOBILE USA INC 980755647 10/21/2025 TELEPHONE OCT 12.10 12.10 Voucher: 140381
140382 11/7/2025 uli02 ULINE 199571171 10/22/2025 OPERATING SUPP PW 103.99 103.99 Voucher: 140382
140383 11/7/2025 ver12 VERIZON 73497960 10/20/2025 TELEPHONE SEP 128.54 128.54 Voucher: 140383
Page: 4
17 November 17, 2025 Item 2
11/05/2025
Check List
City of Del Mar
5 12:22:38PM
apChkLst Final Page:
Bank : gusbnk GENERAL ACCOUNT US BANK (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 140384 11/7/2025 ver03 VERIZON WIRELESS 570653198-00008 10/18/2025 TELEPHONE CS OCT 374.13 Voucher: 140384 872374736-00004 10/18/2025 TELEPHONE OCT 226.20 542070053-00002 10/20/2025 TELEPHONE OCT 168.74
570653198-00009 10/18/2025 TELEPHONE OCT 40.42
570653198-00007 10/18/2025 TELEPHONE OCT 38.01 847.50
140385 11/7/2025 wax02 WAXIE'S ENTERPRISES, LLC. DBA, WAXIE SANITARY SUPPLY 83603945 10/29/2025 JANITORIAL SUPPLIES CS 2,050.42 2,050.42 Voucher: 140385
140386 11/7/2025 act03 WILLIAMS SCOTSMAN INC 9024663444 9/26/2025 MOB OFF HVAC REPRS PW 5,012.15 Voucher: 140386 9024696539 10/1/2025 MOBILE OFFICE CREDIT -16.31 4,995.84 Sub total for GENERAL ACCOUNT US BANK: 93,713.66
Page: 5
18 November 17, 2025 Item 2
11/05/2025
Check List
City of Del Mar
6 12:22:38PM
apChkLst Final Page:
56 checks in this report. Grand Total All Checks: 412,619.38 Page: 6
19 November 17, 2025 Item 2
City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Martin Boyd, Principal Engineer
Joe Bride, Public Works Director
Polly Robertson, Management Analyst
Via Ashley Jones, City Manager
DATE: November 17, 2025
SUBJECT: Award of Construction Contract and Related Task Orders for the Jimmy Durante Boulevard Bluff Stabilization Project
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council: 1) Award a $772,192 construction contract to New Century Construction Inc. for the Jimmy Durante Boulevard Bluff Stabilization Project (Attachment A); 2) Award a $81,960 Task Order to Ardurra for Construction Management and Inspection Services (Attachment B); 3) Award a $30,700 Task Order Amendment to Michael Baker International for Construction Support Services (Attachment C); 4) Award a $32,964 Task Order to NOVA Services, Inc. for Geotechnical Services and Laboratory Testing; and 5) Authorize the City Manager to execute the required documents and any contract Change Orders or Task Order amendments, within the project contingency, necessary to complete the work.
BACKGROUND:
On April 21, 2019, a significant bluff failure occurred between Jimmy Durante Boulevard (JDB) and 1970 Seaview Avenue resulting in earthen debris covering the eastern sidewalk and roadway. The City Council approved an emergency response contract, which resulted in stabilizing the bluff and the construction of a temporary retaining structure with 50-foot steel beams and timber lagging to prevent future failures. The City processed Emergency Coastal Development Permit (E-CDP19-011) as required to complete the emergency work.
After the temporary retaining structure was complete, Jimmy Durante Boulevard reopened on May 29, 2019. Since then, the private property located just above the failure at 1970 Seaview Avenue has been redeveloped and regraded, incorporating a series of retaining walls and landscaping that resulted in less earthen loading on the City property below.
1 November 17, 2025 Item 4
City Council Agenda Report
Award of Construction Contracts for Jimmy Durante Boulevard Bluff Stabilization Project November 17, 2025
As authorized by the City Council in September 2023, Michael Baker International (MBI) subsequently performed survey mapping of the new topographic conditions and the City’s as-needed geotechnical consultant, NOVA Services, Inc., performed a geotechnical stability analysis of the City property and the three upslope adjacent properties to the west located at 1956, 1970, and 1974 Seaview Avenue. Results determined that the existing retaining structure provides adequate stability factors of safety for the City property west of 1974 and 1970 Seaview Avenue and should be extended 45 feet to the south to proactively provide an adequate stability factor for the City property west of 1956 Seaview Avenue.
In August 2024, the City Council authorized staff to proceed with engineering design, landscape architecture, bid packet preparation, and environment permitting for the project. MBI completed the bid package in July 2025.
DISCUSSION/ANALYSIS:
In accordance with the City’s Municipal Code and Public Contract Code, Public Works staff facilitated a competitive public bidding process in compliance with State law, which was initiated with an advertised notice inviting bids on July 30, 2025. Staff held a public bid opening on September 16, 2025, and received nine bids ranging from $772,192 to $1,797,627 as shown in Table A below. The public bidding process had significant participation, with the lowest bid coming in near the Engineer’s Estimate of $762,000.
Table A: Bid Results
Bidder Name Bid Amount
New Century Construction Inc. $772,192
Beador Construction Company, Inc. $836,300
Tri-Group Construction and Development, Inc. $838,065
Palm Engineering Construction Company, Inc. $843,786.40 Voltaire Engineering, Inc. $860,865
Wright Construction Engineering Corp $922,515
LB Civil Construction, Inc. $995,433
Whillock Contracting, Inc. $1,198,789
SRK Engineering Inc. $1,797,627
For Reference: Engineer’s Estimate $762,000
Public Contract Code Section 20162 requires that the City award the contract to the lowest responsive and responsible bidder. Staff evaluated New Century Construction’s bid of $772,192 (Attachment D) and determined they are the lowest responsive and responsible bidder.
Staff recommends issuing a $81,960 Task Order to Ardurra for construction management and inspection services (Attachment B); a $30,700 Task Order Amendment to MBI for construction support services (Attachment C); and a $32,964 Task Order to NOVA for 2 November 17, 2025 Item 4
City Council Agenda Report
Award of Construction Contracts for Jimmy Durante Boulevard Bluff Stabilization Project November 17, 2025
geotechnical services (Attachment D). The City has as-needed agreements in place with Ardurra, MBI, and NOVA, who will bill hourly for the services to be provided.
The total estimated remaining project expenditures through project completion are $995,035 as listed in Table B below. This amount includes a 10% project contingency for change orders due to unforeseen field conditions, need for specialty inspections, or any other unanticipated costs during construction. Staff estimates that $186,970 of the total remaining project expenditures are attributed to the 2019 Jimmy Durante Boulevard Bluff failure and will request reimbursement from the City’s insurance provider for these expenditures.
Table B: Project Expenditures
Pending City Council approval and contract execution, a Notice to Proceed will be issued for the project. Project completion is estimated for April 2026.
FISCAL IMPACT:
Council authorization of the recommended action will result in up to $995,035 in project expenditures. Sufficient funds for the identified work are available in the adopted Fiscal Year 2025-2026 Capital Budget.
ENVIRONMENTAL IMPACT:
The project is exempt from the California Environmental Quality Act (CEQA). CEQA Guideline Section 15301(d)-Class 1 (Existing Facilities) exempts projects involving the “operation, repair, maintenance...or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.” Examples include existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; and restoration or rehabilitation of deteriorated or damaged facilities to meet current standards of public health and safety. Section 15304(b)-Class 4 (Minor Alterations to Land), also applies as the areas disturbed by the proposed improvements would be restored with hydroseed to minimize erosion and planted with a variety of drought-tolerant landscaping.
This project proposes extending the existing wall approximately 45 feet to the south, utilizing a similar soldier pile wall configuration and would require minor grading along the slope to accommodate the wall extension as proposed. After the wall extension is constructed, drought-tolerant native species would be installed as landscaping along the AMOUNT
Construction (New Century Construction) $772,192
Construction Management (Ardurra) $81,960
Construction Support Services (MBI) $30,700
Geotechnical Services (NOVA) $32,964
Project Contingency (10%) $77,219
Total Project Cost $995,035
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Award of Construction Contracts for Jimmy Durante Boulevard Bluff Stabilization Project November 17, 2025
slope below the wall to reduce visibility of the wall and to visually blend the improvements into the existing setting. None of the exceptions listed under CEQA Guidelines §15300.2 apply to the project and no unusual circumstances are present that could lead to a significant environmental effect.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
The Jimmy Durante Boulevard Bluff Stabilization Project is a Tier 1 City Council priority project for FY 2025-2026.
ATTACHMENTS:
Attachment A – Contract with New Century Construction Inc. for the Jimmy Durante Boulevard Bluff Stabilization Project
Attachment B – Task Order with Ardurra for Construction Management and Inspection Services
Attachment C – Task Order Amendment with Michael Baker International for Construction Support Services
Attachment D – Task Order with NOVA Services, Inc. for Geotechnical Services Attachment E – New Century Construction Inc.’s Bid
4 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
This Construction Contract (“Contract”) is made and entered into by and between the City of Del Mar, a municipal corporation, hereinafter referred to as the "City," and New Century Construction, Inc. hereinafter referred to as the “Contractor” (collectively “Parties”).
RECITALS
WHEREAS, the City requires a general contractor to construct a Public Works project generally described as the Jimmy Durante Boulevard Bluff Stabilization Project hereinafter referred to as the “Project.”
WHEREAS, the Contractor represents itself as possessing the necessary skills and qualifications to construct the Project required by the City and possesses the required contractor’s license of the appropriate classifications.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, and in consideration of the payments and agreements hereinafter mentioned, the Parties agree as follows:
1. CONTRACTOR'S OBLIGATIONS.
1.1 Contractor shall perform the scope of work shown in the Attachment A hereinafter referred to as the “Work”, as such term is defined by the Standard Specifications for Public Works Construction, latest version (GREENBOOK).
1.2 The Contractor agrees, at the Contractor's own proper cost and expense, to do all the Work and furnish all the materials, except such as are mentioned in the specifications to be furnished by the City, necessary to construct and complete the Work in a good, workmanlike and substantial manner and to the satisfaction of the City.
1.3 Said Work shall be performed in accordance with the Contract Specifications, Drawings, and Provisions annexed hereto; and in connection with the Reference Standards below:
Standard Edition
Standard Specifications for Public Works Construction
(“The GREENBOOK”)
2021
San Diego Regional Standard Drawings 2022
1.4 The Contractor shall maintain throughout the full term of this Contract all professional certifications and licenses required in order to comply with all City, State, and Federal laws in the performance of this Contract.
1.5 The Contractor shall pay wages to the Contractor's employees according to the current "General Prevailing Wage Rates" issued by the Department of Industrial Relations of the State of California. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor, from Director of the Department of Industrial Relations.
ATTACHMENT A 5 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
These rates are available online with the California Department of Industrial Relations (www.dir.ca.gov). The Contractor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. The Contractor shall comply with the provisions of Sections 1725.5, 1771, 1773.8, 1774, 1775, 1776, 1777.5, 1777.6, 1813, and 1815 of the Labor Code.
1.6 The Contractor shall register with the Department of Industrial Relations (DIR) in accordance with California Labor Code sections 1771.1 and 1725.5 and the Contractor shall be subject to compliance monitoring and enforcement by DIR in accordance with California Labor Code section 1771.4.
1.7 Pursuant to and subject to the provisions of Section 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of up to two-hundred dollars ($200) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any Work done under this Contract, by it or by any subcontractor under it, in violation of the provisions of the Contract.
2. SECURITY FOR CONTRACTOR'S PROMISE TO PERFORM.
2.1 For contracts above $25,000, the Contractor shall post and maintain during the full term of this Contract security for Contractor's promise to perform this Contract in the following forms and amounts:
A. The amount of the performance security shall be 100% of bid amount.
B. The form of the security shall be one of the following:
1. Cash;
2. Cashier's check made payable to the City;
3. A certified check made payable to the City;
4. A bond, executed by an approved surety insurer using the Performance Bond form found herein or a substitute form acceptable to and approved by the City, made payable to the City; or
5. The Contractor may elect to deposit securities of a value equivalent to the amount of the performance security in accordance with the provisions of section 22300 of the Public Contract Code. The City will make the final determination as to the value of the posted securities.
2.2 The City shall retain five percent (5%) of each payment due the Contractor under this Contract until completion and acceptance of the Project. The Contractor may elect to deposit securities of a value equivalent to the retention in accordance with the provisions of Section 22300 of the Public Contract Code and thereby become entitled to receive one hundred percent (100%) of the payments, without retention. The City will make the final determination as to the value of the posted securities. The amount of retention withheld may be reduced, or a portion of withheld retention may be returned, at the sole discretion of the City.
2.3 For contract amounts above $25,000, the Contractor shall file a payment bond using the Payment Bond form found herein or a substitute form acceptable to ATTACHMENT A 6 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
and approved by the City, in the amount of 100% of bid amount, with and subject to the approval of the Director of Public Works in accordance with Civil Code section 3247.
3. CONTRACT AMOUNT AND SCHEDULE.
3.1 The City agrees to pay and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule attached hereto as Attachment B and incorporated by reference as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3.2 Contractor agrees to complete the Work on Jimmy Durante Boulevard Bluff Stabilization Project in a time period not to exceed ONE HUNDRED AND FIVE (105) calendar days per Section 6-3 of the Standard Specifications for Public Works Construction (GREENBOOK), commencing upon the date stated in the Notice To Proceed issued by the City. Construction shall not commence until the City has approved bonds and insurance.
4. TERMINATION OF CONTRACT.
In the event of the Contractor's failure to prosecute, deliver, or perform the Work as provided for in this Contract, the City may terminate this Contract by notifying the Contractor by certified mail of said termination.
5. STATUS OF THE CONTRACTOR.
The Contractor shall perform the services provided for herein in a manner of Contractor's own choice, as an independent Contractor and in pursuit of Contractor's independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished and the personnel assigned to the project. However, Contractor shall confer with the City as required to perform this Contract.
6. SUBCONTRACTING.
The Contractor’s ability to subcontract is limited by and must comply with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code sections 4100 et seq. If the Contractor subcontracts any of the Work to be performed under this Contract, the Contractor shall be as fully responsible to the City for the acts and omissions of the Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in the ATTACHMENT A 7 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
Contract shall create any contractual relations between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor by the terms of the Contract applicable to Contractor's Work unless specifically noted to the contrary in the subcontract in question approved in writing by the City.
7. ASSIGNMENT OF CONTRACT.
The Contractor has no authority or right to assign this Contract or any part thereof or any monies due thereunder to any other party without first obtaining the prior written consent of the City.
8. VERBAL AGREEMENT OR CONVERSATION.
No verbal agreement or conversation with any officer, agent or employee of the City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle the Contractor to any additional payment whatsoever under the terms of this Contract.
9. DISPUTES.
9.1 If a dispute should arise regarding the performance of this Contract, the following procedures shall be used to address any question of fact or interpretation not otherwise settled by agreement between the parties. Such questions, if they become identified as part of a dispute between persons operating under the provisions of the Contract, shall be reduced to writing by the complaining party.
A copy of such documented dispute shall be forwarded to the other party involved along with recommended methods of resolution which would be of benefit to both parties. The party receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days of receipt of the letter.
9.2 If the dispute is not resolved, the aggrieved party shall send a letter outlining the dispute to the City to be resolved.
9.3 If the dispute remains unresolved and the parties have exhausted the procedures of this section, the parties may then seek remedies available to them at law.
9.4 Pursuant to Public Contract Code Sections 20104 and 9204, a claim by the Contractor for a time extension; payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract which is not otherwise expressly provided for or the claimant is not otherwise entitled to; or an amount the payment of which is disputed by the City, shall be dealt with as follows:
A. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims.
B. For all claims, pursuant to Public Contract Code Sections 20104 and 9204:
ATTACHMENT A 8 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
1. City shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. City shall identify the disputed and undisputed portion(s) of the claim in the written response. If City fails to issue a written statement, the claim is rejected in its entirety.
2. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant.
3. The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
4. Pursuant to Public Contract Code section 9204, any payment on any undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement.
C. If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the City's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand sent by registered or certified mail, the City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute. Within ten (10) business days after the meet and confer conference, City shall prepare a written statement describing portions of the claim in dispute and the portions of the claim that are disputed.
Mediation Prerequisite: If following the meet and conference the claim or any portion remains in dispute, the parties agree that as a condition precedent to the initiation of litigation, the parties shall submit to non-binding mediation. The parties shall mutually agree to a mediator within ten (10) business days after the City’s response following the meet and confer conference. The parties shall make reasonable attempts to mediate within thirty (30) days of the meet and confer conference. Mediation shall be subject to the following rules:
1. The mediation process shall be administered by a neutral organization agreed to by the parties and shall be confidential subject to Evidence Code Sections 1115 –1128 and 1152.
2. The costs for mediation will be shared equally by all parties. The expenses of witnesses shall be paid by the party producing such witnesses.
3. A single mediator shall be selected to mediate the dispute. At least ten (10) days before a scheduled session, each party shall provide the ATTACHMENT A 9 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
mediator a brief memorandum setting forth its position about the issues that need to be resolved. The brief shall be mutually exchanged between the parties. At the mediation session, the parties will be expected to produce required information for the mediator to understand and evaluate the issues presented.
4. The mediation process shall be considered terminated when: (1) in the mediator’s judgment, further efforts at mediation would not contribute to a resolution of the dispute between the parties; or, (2) by the execution of Settlement Agreement, which may be used as the basis for change order or other directive as appropriate; or, (3) written declaration of a party that it will no longer participate in further mediation proceedings.
D. If mediation is unsuccessful, as a prerequisite to filing suit, the Contractor must file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the period of time within which a claim must be filed shall begin from the time the claimant submits his or her written claim pursuant to subsection A until the time the claim is denied, including any period of time utilized by the meet and confer conference.
A civil action filed to resolve a claim subject to Section 9.4 of this Contract shall be subject to the provisions of Public Contract Code Sections 20104.4 and 20104.6.
10. HOLD HARMLESS.
10.1 The Contractor agrees to indemnify and hold the City; the City's officers, officials, employees and agents; the Engineer; and the Engineer’s officers, officials, employees and agents (together, the “City Indemnified Parties”), harmless from, and against any and all liabilities, claims, demands, causes of action, losses, suit damage, expenses and costs, including all costs of defense, expense costs and investigation expenses thereof, arising out of, or in any manner connected directly or indirectly to the acts, omissions or performance of Work by the Contractor or Contractor’s agents, employees, subcontractors, officials, officers or representatives. Upon demand, Contractor shall, at its own expense, defend the City Indemnified Parties from and against any and all such liabilities, claims, demands, causes of action, losses, damages and costs, regardless of whether or not such a claim, loss or liability is caused in part by a party indemnified hereunder.
10.2 By inspecting, approving or accepting the improvements, City shall not have waived the protections afforded herein to the City Indemnified Parties or diminished the obligation of Contractor, who shall remain obligated in the same degree to indemnify and hold the City Indemnified Parties harmless as provided above.
ATTACHMENT A 10 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
10.3 Contractor's obligation herein does not extend to liabilities, claims, demands, causes of action, losses, damages or costs that arise out of the City Indemnified Parties’ sole active negligence or willful misconduct.
11. RESPONSIBILITY FOR DAMAGE.
11.1 The Contractor shall obtain and maintain in full force and effect during the life of the Contract, contractual liability insurance for bodily injury liability and property damage liability assumed by the Contractor of all claims and lawsuits against the Contractor and his/her subcontractors arising out of or in connection with the Work to be performed. Such insurance as is afforded by the policy to the Contractor for Contractual Property Damage Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called "x" "c" "u" exclusions.
11.2 The Contractor shall maintain vehicle liability, and property damage insurance in the amount of not less than $2,000,000 for one person injured in one accident, and not less than $2,000,000 for two or more persons injured in any one accident, and not less than $2,000,000 with respect to any property damage involved and public general liability insurance in the amount of not less than $2,000,000 each occurrence or in the aggregate.
11.3 Evidence of insurance including Commercial General Liability, Workers’ Compensation, and Automobile Liability in compliance with the above requirements shall be furnished to the City by Certificate of Insurance. Such Certificate of Insurance shall be furnished prior to the commencement of Work under the Contract. The insurance policy shall provide that the policy shall remain in force during the life of this Contract and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to City from the insurance company.
11.4 Such insurance shall be issued by a company or companies approved by the City, licensed and listed with "Insurance Organizations Authorized by the Insurance Commissioner to Transact the Business of Insurance in the State of California," and shall have a rating of A- or better.
11.5 Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of such coverage, nor shall it preclude the City from taking such other actions as is available to it under any other provision of this Contract or otherwise in law.
11.6 The Contractor shall arrange for the policies to be so conditioned as to cover the performance of any changes or extra Work which may be required under the Contract.
11.7 The costs of this insurance shall be considered as included in the prices paid for the various Contract items of Work and no additional compensation will be allowed, therefore.
ATTACHMENT A 11 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
11.8 The Contractor shall either: (1) require each of its subcontractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified, or (2) insure the activities of its subcontractors in its own policy in like amount.
11.9 The Contractor's policies shall contain an Additional Insured Endorsement naming as additional insured the City and its officers, consultants, agents, and employees while on the Project and acting within the scope of their duties. For any claims related to the Project, Contractor’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.
11.10 Prior to commencement of Work under this Contract, the Contractor shall furnish endorsements from each of the insurance companies.
11.11 The Contractor shall reimburse the City and the Engineer for all costs and expenses, including attorney's fees, incurred by said City and the Engineer, in enforcing the provisions of Section 11.0 of this Contract.
12. NOTICES.
Any notices to be given under this Contract, or otherwise, shall be served by certified mail and addressed and delivered as listed below:
City of Del Mar New Century Construction, Inc.
Attn: City Clerk Attn: Lee Shellberg II
1050 Camino del Mar 9119 Emerald Grove Ave.
Del Mar, CA 92014 Lakeside, CA 92040
[email protected] [email protected]
13. LIQUIDATED DAMAGES; EXTENSION OF TIME.
In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of two hundred fifty dollars ($250) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 3 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY. CONTRACTOR is required to promptly notify CITY of any such delay.
14. PERFORMANCE.
The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the Work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the ATTACHMENT A 12 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
conditions hereinafter set forth, and the City and the Contractor for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained.
15. CONTRACT AUTHORITY OVER PROPOSAL.
It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the Bid or Proposal of the Contractor, then this instrument shall control, and nothing herein shall be considered as an acceptance of the said terms of said Proposal conflicting herewith.
16. CONTRACT DOCUMENTS.
The Contract consists of the following documents, all of which are component parts of the Contract as if herein set out in full, or attached hereto:
1. Notice Inviting Bid(s)
2. Information and Instructions for Bidders
3. Proposal
4. Contract
5. Worker's Compensation Certificate
6. Performance Bond
7. Payment Bond
8. Modifications to the Standard Specifications: General Provisions, Construction Materials, Construction Methods, Existing Improvements, Temporary Traffic Control, Landscaping and Irrigation, and Special Provisions
9. Plans & Standard Drawings, Approved Submittals, Exhibits, and Site Photos
10. Addenda and approved Change Orders
All the above-named Contract Documents are intended to be complementary. The Work required by one of the above-named documents and not by others shall be performed as if required by all. Any conflicts in terms or requirements of any of the Contract Documents shall be determined by the order of precedence set forth in the GREENBOOK.
17. ATTACHMENTS.
The following Contract Documents are attached hereto:
A. Scope of Work
B. Proposal/Bid Schedule/Schedule of Values
C. Worker's Compensation Certificate
D. Performance Bond
E. Payment Bond
18. NON-DISCRIMINATION.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran ATTACHMENT A 13 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
19. CALIFORNIA LAW; VENUE/MISCELLANEOUS.
This Contract shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Contractt shall be brought in the County of San Diego, California. Contractor hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION AND CONTROL ACT OF 1986.
Contractor certifies that Contractor is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract.
21. NO WAIVER.
No failure of either the City or the Contractor t to insist upon the strict performance by the other of any covenant, term or condition of this Contract, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Contract shall constitute a waiver of any such breach of such covenant, term or condition.
22. SEVERABILITY.
The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
23. CONFLICTS BETWEEN TERMS.
If an apparent conflict or inconsistency exists between the main body of this Contract and the Exhibits, the main body of this Contract shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Contract, the law, rule, regulation, order, or code shall control.
Varying degrees of stringency among the main body of this Contracts, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Contract.
ATTACHMENT A 14 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
24. SIGNING AUTHORITY.
The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract, which will be effective as of the date of the City’s execution of the Contract listed below.
CITY OF DEL MAR, NEW CENTURY CONSTRUCTION, INC.
a municipal corporation a California Corporation
By: By:
Ashley Jones, City Manager Lee Shellberg II, President
Date: Date:
APPROVED AS TO FORM:
Leslie E. Devaney, City Attorney
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
ATTACHMENT A 15 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
ATTACHMENT A – SCOPE OF WORK
Contractor shall refer to Jimmy Durante Boulevard Bluff Stabilization Project Specifications and Drawings for the description of the scope of work to be performed.
ATTACHMENT A 16 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
ATTACHMENT B
ATTACHMENT A 17 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
ATTACHMENT A 18 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
ATTACHMENT C - WORKER'S COMPENSATION CERTIFICATE
Section 3700 of the Labor Code provides in part as follows:
"Every employer except the state shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.” I hereby certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
CONTRACTOR'S NAME:
ADDRESS:
BOND NO.:
SIGNATURE:
PRINT NAME/TITLE OF SIGNER:
DATE:
ATTACHMENT A 19 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
BOND NO._____________________
ATTACHMENT D - PERFORMANCE BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (“City”) on the _____ day of ________, 20___, awarded to New Century Construction, Inc. (“Principal”) a contract for the work described as Jimmy Durante Boulevard Bluff Stabilization Project; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract.
NOW THEREFORE, We, the Principal and _______________________________ duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of ________________ Dollars ($......................) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements, in the said contract and any alteration thereof made as therein provided, on his, her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications.
In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation costs and expenses incurred by City in such suit, including attorney's fees, court costs, expert witness fees and investigation expenses.
ATTACHMENT A 20 November 17, 2025 Item 4
IN WITNESS WHEREOF, identical counterparts of this
instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ________, 20___.
SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
Signature of Attorney-in-Fact
NOTE: (a) Signature of those executing for Surety must be properly acknowledged. (b) The Attorney-in-fact must attach a certified copy of the Power of Attorney.
ATTACHMENT A 21 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )
On, ________________________before me ____,
a notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to within this instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT A 22 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
BOND NO._____________________
ATTACHMENT E - PAYMENT BOND
WHEREAS, the City of Del Mar, a Charter City and municipal Corporation (hereinafter designated as City), on day of , 20 awarded to _________________________________________________________________ (hereinafter designated as the Principal) a contract for the work described as follows:
JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
WHEREAS, said Principal is required by Chapter 5, Title 3, Part 6, Division 4 (including, specifically, Section 9550) of the California Civil Code to furnish a bond in connection with said contract.
NOW THEREFORE, We, the Principal and duly
authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States, said sum being not less than one hundred percent (100%) of the estimated amount payable by City under the terms of the above-referenced contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, pursuant to Section 9554 of the California Civil Code, if said principal, hers/his/its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 9100 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the California Revenue and Taxation Code, with respect to such work and labor, the surety or sureties will pay for the same in an amount not exceeding the sum hereinabove specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
This Bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or ATTACHMENT A 23 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that his bond be construed most strongly against the surety and in favor of all persons for whose benefit such bond is given, by reason of any breach of contract between the City and Principal or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the California Civil Code, and has not been paid the full amount of his claim. Surety hereby waives notice of any such change, extension of time, addition, alteration or modification herein mentioned.
This bond is executed by Surety to and shall comply with the provisions of Chapter 5, Title 3, Part 6, Division 4 of the Civil Code and of Chapter 2, Title 14, Part 2 of the Code of Civil Procedure and said bond shall be subject to all of the terms and provisions thereof.
IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the day of , 20 .
SURETY PRINCIPAL
By:
(Name)
(Title)
By:
(Name)
(Title)
By:
(Name)
(Title)
(Attach required acknowledgements)
_____
Signature of Attorney-In-Fact
ATTACHMENT A 24 November 17, 2025 Item 4
CONSTRUCTION CONTRACT BETWEEN THE CITY OF DEL MAR
AND NEW CENTURY CONSTRUCTION, INC.
FOR JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF )
On, ________________________before me ____,
a notary public in and for said County and State, personally appeared who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to within this instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on this instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ATTACHMENT A 25 November 17, 2025 Item 4
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us November 17, 2025
Ardurra Group, Inc. SENT VIA EMAIL
Attn: Scott Adamson, PE, QSD/P
9665 Chesapeake Drive, Suite 230
San Diego, CA 92123
RE: TASK ORDER & NOTICE TO PROCEED FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE JIMMY DURANTE BOULEVARD BLUFF
STABILIZATION PROJECT
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Ardurra (Consultant), the term for which is October 21, 2024 to October 21, 2027.
Consultant shall execute tasks related to the Jimmy Durante Boulevard Bluff Stabilization Project as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $81,960. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by April 2026, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Martin Boyd, Principal Engineer, who can be reached at [email protected] and (858) 375-9531. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program.
Please contact Management Analyst Denise Galvan at [email protected] or (858)704-3657 with any questions about executing this Task Order.
Approved by: Accepted by:
City of Del Mar Ardurra Group, Inc.
_____________________________________ _______________________________________ Ashley Jones Date Scott Adamson Date
City Manager PE, QSD/P
cc: Joe Bride, Public Works Director
Martin Boyd, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: Ardurra- Proposal for Construction Management and Inspection Services ATTACHMENT B 26 November 17, 2025 Item 4
9665 Chesapeake Drive, Suite 230 | San Diego, CA 92123 | 858.413.2400 | www.ardurra.com August 21, 2025
Mr. Martin Boyd
Principal Engineer
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
REFERENCE: PROPOSAL TO PERFORM CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES FOR THE JIMMY BLUFF STABILIZATION PROJECT Dear Mr. Bride,
In accordance with your request, Ardurra Group, Inc. (Ardurra) is pleased to provide this proposal to the City of Del Mar (City) for Construction Management and Inspection services on the subject project. Ardurra would like to propose Mr. Lucas Findlay, PE, QSD/P as Construction Manager, Mr. Shannon Goodrich as the Resident Engineer/Sr. Construction Inspector. Our proposed scope of work may include, but is not limited to, the following:
SCOPE OF SERVICES
Presented below is Ardurra’s proposed Detailed Scope of Work to be provided based on our understanding of the project requirements. Ardurra has assembled a comprehensive and detailed scope of work to accomplish the City’s project objectives and ensure a complete and well-coordinated construction management program that results in a project that is delivered on time and within budget.
Task 1 – Pre-Construction Phase Services
Task 1.1 – Pre-Construction Conference
Notify appropriate parties and schedule and conduct the Pre-Construction Conference with the Contractor. The meeting shall cover the overall project objectives, responsibilities of key personnel and agencies, schedules, procedures for handling submittals, correspondence, utility relocations, local agency permit requirements, request for clarification, progress payments, change orders, and other pertinent topics.
Task 1.2 – Review Pre-Construction Submittals
Review the Contractor’s pre-construction submittals such as initial CPM schedule, schedule of values, staging plans, and by-pass plans and provide comment to the City on the adequacy of those documents.
ATTACHMENT B 27 November 17, 2025 Item 4
Mr. Martin Boyd
City of Del Mar
August 21, 2025
9665 Chesapeake Drive, Suite 230 | San Diego, CA 92123 | 858.413.2400 | www.ardurra.com Task 1.3 – Coordinate with Outside Agencies/Stakeholders Provide coordination with outside agencies and property owners regarding upcoming construction.
Provide regular communication and coordinate any possible additional meetings that may be required to satisfy encroachment permit requirements or stakeholder concerns.
Task 2 – Construction Phase Services
Task 2.1 – Reports and Communications (Document Control) A. Project Document Control
Maintain field memoranda, transmittals, updated schedules, logs of shop drawings and other submittals, logs of requests for information, change orders, progress payment requests, progress meeting reports, compaction reports, daily inspection reports, and other project correspondence.
Project documentationwill be kept digitally, and files will be organized in a logical manner as approved by theCity.
Task 2.2 – Construction Administration
A. Construction Progress Meetings
Schedule and conduct bi-weekly construction progress meetings with the Contractor(s) and the City.
Provide meeting agendas and discuss the schedule, near term activities, clarifications and problems which need resolution, coordination with other Contractors, status of change orders, and safety issues.
Prepare minutes of the meetings with identified action items. Prepare and distribute the minutes to the attendees.
B. Project Coordination
Provide coordination between the Contractor, Agencies, Public Outreach Consultant, Private Properties, and the City as needed to facilitate the construction process. Ardurra will ensure that the parties have up to date necessary information and documents such as shop drawings, submittals, plan revisions, by-pass plans, and traffic control plans. A documentation tracking procedure will be developed to track the distribution of these documents.
C. Shop Drawings and Submittal Reviews
Coordinate submittal review and approval. Ardurra will be responsible for processing and monitoring the status of submittals. Ardurra will provide cursory review of the Contractor’s submittals for general conformance with the contract document requirements prior to sending the submittals to the Design Engineer. Submittals of a general nature will be reviewed and processed by the CM team at the City’s request. The CM team may also provide review of technical specifications of a general nature such as crushed rock, asphalt paving, and import.
Ardurra will log, track, and monitor shop drawings, calculations, data samples, submittals, and manuals from theContractor. Shop drawings and submittalswhich significantly do notmeet the specified requirements will be returned to the Contractor with comments for corrections and resubmittal. Exception reports, which identify outstanding submittals or reviews needed, shall be prepared periodically.
ATTACHMENT B 28 November 17, 2025 Item 4
Mr. Martin Boyd
City of Del Mar
August 21, 2025
9665 Chesapeake Drive, Suite 230 | San Diego, CA 92123 | 858.413.2400 | www.ardurra.com D. Plans and Specifications Interpretation (RFI Processing) Review and respond to Contractor RFIs if of a general nature. Technical RFIs will be submitted to the project Design Engineer for response. Maintain a log of RFIs to ensure that written clarifications are provided to the Contractor in a timely manner. Responses to requests for changes to the design will be submitted to the City’s Project Manager and Design Engineer for response and approval.
E. Respond to Change Order Requests
Identify, prepare log, and monitor Contractor or City initiated claims, changes, extra work, and change orders. Negotiate claims to an agreed Contractor/Consultant/City conclusion. Provide written recommendations to the City regarding the resolution of change orders and submit change orders to the City for approval. Prepare a report providing statement of claim, extra work, or change; background leading to the issue; resolution recommendation for action by the City. Prepare written justification and cost estimates for each change order that require design modifications or clarifications, including revisions to the drawing, details, and specifications. Resolve claims, extra work, and change orders for changes to the work and obtain City approval.
F. Progress Payment Reviews
Prepare project related invoices and progress payments. Submit invoices to the City’s Project Manager with a recommendation stating the proper amount for payment using the Schedule of Values and actual quantities as a basis to prepare payment requests. Progress payment review will also include evaluation of the monthly updated construction schedule and review of the project as-builts to verify that the Contractor is up to date. In addition, review of monthly progress payments will include review of the Contractor’s required inspections, testing, and reports as required by the project SWPPP and the Construction General Permit.
Task 2.3 – Construction Inspection Services
A. Daily Construction Monitoring
Provide full-time inspection during the City Construction Phase, San Dieguito Drive Improvements, and Crest Canyon Asphalt Improvements. Provide part-time inspection for the Homeowner Installs and Utility Companies Construction. All inspection provided to observe and document that the Contractor’s work isin compliancewith the contract documents. Prepare daily reports of the construction activities including weather conditions, Contractor’s equipment and manpower, work performed, materials used, site visitors, note delays in work and reasons for the delays, and deficiencies. Prepare daily reports of deviations and non-conformance to specifications and provide a timely response. Perform technical inspection at the job site as required of materials and workmanship and discuss with the Contractor appropriate revisions to the methods and procedures used in performing the work. Observe and record all material deliveries to the site. Material certificates shall be verified and documented for compliance with plans, specifications, and approved shop drawings. Prepare a detailed daily report summarizing all observations and work performed on site each day/shift. Maintain, on a daily basis, a set of asbuilt drawings as verification and redundancy to the Contractor’s.
ATTACHMENT B 29 November 17, 2025 Item 4
Mr. Martin Boyd
City of Del Mar
August 21, 2025
9665 Chesapeake Drive, Suite 230 | San Diego, CA 92123 | 858.413.2400 | www.ardurra.com B. Photo Documentation
Take and file construction documentation photographs on a regular basis. Maintain a digital photographic library of significant construction activities. Take additional photographs to document differing site conditions, change order claim items and any special or unique conditions as they arise.
C. Community Outreach
Provide a central point of contact for stakeholders on the project and act as the City’s representative in the field. Meet with affected stakeholders regularly and keep a log of complaints with a description of the complaint and the measures taken to mitigate the complaint.
Task 3 – Post-Construction Phase Services
Task 3.1 – Project Closeout
Prepare detailed project punch item lists at closeout of the project. Upon correction of deficiencies, schedule, coordinate, and conduct a final walk through prior to acceptance of work with the City. Verify work, testing, cleanup and demobilization is complete. Check and submit final payment requests after final walk through. Review and certify that the Contractor’s project record drawings are complete and accurate.
Task 3.2 – Final Project Documents
Within 30 days of filing of the notice of completion, provide a Construction Documentation electronic copy comprised of all approved shop drawings, material test reports, certifications, daily inspection reports, meeting minutes, conversation logs, and photo documentation. Also provide and submit one set of red-lined as-built drawings.
FEE
Ardurra is pleased to present this estimated fee and estimated schedule for Construction Management and Inspection Services for the Jimmy Durante Bluff Stabilization Project. In preparing this estimate, we have reviewed the project plans and specifications, visited the site, and called upon our experience with similar projects.
Our estimate has been based on the anticipated
schedule of 105 calendar days. We have also
included some time for pre-construction and postconstruction phase services. Per the City’s direction we have assumed half-time inspection
during construction activities. As always, our fees
will be charged on an as-needed basis only for
those services provided with a “Not to Exceed”
limit. Should the project schedule extend
substantially or should additional services, such as
extended shifts, be required Ardurra will need to
negotiate with the City for additional budget.
Oct Nov Dec Jan Feb
20 72 80 80 76 328
30 10 10 10 20 80
20 72 80 80 76 328
Lucas Findlay,PE, QSP/D
Sr. Public Works Inspector
Shannon Goodrich
Construction
Project Close-out
Construction Manager
Total
Hours
Role/Team Member 2025 2026
Pre-Construction
ATTACHMENT B 30 November 17, 2025 Item 4
Mr. Martin Boyd
City of Del Mar
August 21, 2025
9665 Chesapeake Drive, Suite 230 | San Diego, CA 92123 | 858.413.2400 | www.ardurra.com Our estimated not to exceed fee for the proposed scope of work is $81,960.00 (Eighty-one Thousand, Nine Hundred and Sixty Dollars). As part of this proposal, we have included a breakdown of anticipated hours by staff type that we feel will be dedicated to each task outlined in our scope. Mr. Lucas Findlay, PE, QSD/P
Construction Manager 80 hrs @ $225.00/HR $ 18,000.00
Mr. Shannon Goodrich
Resident Engineer/Sr. Construction Inspector 328 hrs @ $195.00/HR $ 63,960.00 TOTAL $ 81,960.00
We sincerely appreciate the opportunity to provide this proposal and assist the City with this project. Please contact me at (858) 243-4977 should you have any questions or need further information.
Sincerely,
Scott Adamson, PE, QSD/P
Practice Director – SW Water CM/PM
Enclosures: Resumes – Lucas Findlay & Shannon Goodrich
ATTACHMENT B 31 November 17, 2025 Item 4
LUCAS FINDLAY, PE, QSD/P
CONSTRUCTION MANAGER
1 QUALIFICATIONS
Since graduating with his Bachelor of Science in Civil Engineering from California State University Chico, Lucas worked in engineering design before focusing his career in the Construction Management field. His duties as construction manager have included filling an assistant construction manager role as well as providing resident engineer and inspection services for many water, wastewater, and storm drain pipeline projects. Tasks typically managed by Lucas have included construction inspection, photo documentation, submittal review, RFI processing and commenting, change order review and negotiation, quantity tracking, progress pay processing, and chairing regular progress meetings. Lucas has knowledge of regionally accepted standards, principles, and practices used in the planning, design, inspection, and construction of public works facilities. His experience, educational background, and credentials allow him the ability to oversee and evaluate operational characteristics, services, and activities of public works construction.
PROJECT EXPERIENCE
Countywide Slurry Seal Treatments FY 23-24, County of San Diego – Resident Engineer for this pavement rehabilitation project which included digouts, repair surface distress, repair pavement edge, leveling course, crack treatment, type II slurry, chip seal, double chip seal, scrub seal, cape seal, microsurfacing, AC berm, loop detectors, striping and delineation, curb & gutter replacement, curb ramp improvements, sidewalk improvements, culvert installation, and slope stabilization.
30-Inch Mount Woodson Waterline Replacement Project, Ramona Municipal Water District – Resident Engineer for the installation of 5,224 LF of 30-inch PVC waterline, 600 LF of 30-inch welded steel pipe, and installation of valves and appurtenances. The most challenging aspect of this project was successfully performing disinfection and testing in a remote area with water access limited in the volumes required. Managing the discharge of chlorinated water was of the utmost importance to remain in compliance with the stormwater permit.
B Street Sewer Improvements Project, City of Encinitas – Resident Engineer for the installation of 131 linear feet of 12-inch PVC gravity sewer pipe, installation of 23 linear feet of 8-inch PVC gravity sewer pipe, modification of two existing manholes, installation of one new manhole, and dewatering of groundwater. The project also included upgrading a curb ramp and landscaping area. The most challenging aspect of this project was controlling the groundwater and monitoring the dewatering system which involved managing the discharge into the EWA system and maintaining compliance with the discharge permit.
Estrella Park Water Quality Improvement Project, County of San Diego – Resident Engineer for the installation of two biofiltration basins with a net volume capacity of 150,000 gallons, 20,000 CY of import fill, 1,000 LF of RCP storm drain of various sizes (18”, 24”, and 30”), storm drain cleanout boxes, curb inlets boxes, energy dissipator, headwalls, wing walls, cutoff walls, drainage ditches, full capture system, extensive landscape improvements including irrigation and planting, sidewalk improvements, a new parking lot, public walking path, and picnic area. The
PROFESSIONAL
REGISTRATION
Registered Professional
Engineer
California No. C87905
EDUCATION
California State University,
Chico
B.S. Civil Engineering, 2012
CERTIFICATIONS
Qualified SWPPP Developer
(QSD) and Qualified SWPPP
Practitioner (QSP) Certificate
No. 27340
YEAR ENTERED
PROFESSION
2013
ARDURRA HIRE
2016
ATTACHMENT B 32 November 17, 2025 Item 4
LUCAS FINDLAY, PE, QSD/P
CONSTRUCTION MANAGER
2 project qualified as a SWPPP risk level 2 project, which required strict compliance throughout construction.
Lower 1 Recycled Water Conveyance System, City of Oceanside – Senior Construction Inspector for the installation of 7+ miles of 8- to 16-inch PVC recycled water main, as a part of the City's ongoing pure water program. The project also includes two jack & bore installations beneath the NCTD right-of-way, a horizontal directional drill component below the San Luis Rey River, and installation along the City’s major arterial roadway, El Camino Real.
Digester Gas Beneficial Use Program, San Bernardino Municipal Water Department ($28 million) – Provided resident engineering services for the Digester Gas Beneficial Use Program (DGBU) which was comprised of four individual projects: 1) Low Emission Flare; 2) Electrical Infrastructure Improvements (EII); 3) 1110.2 Resultant Project which included the Blower Electrification Work; Digester gas holding equipment and various transfer pump stations; and 4) Tertiary Treatment System Project. This project required careful highlining of the digester gas for the tie-ins of the low- and high-pressure digester gas pipelines. All the projects had to be coordinated to not interfere with each other and required detailed MOPO Plans to make the entire DGBU facilities operational.
Spring Valley Outfall Sewer Diversion and Meter Abandonment, County of San Diego (Chula Vista, CA) – Resident Engineer for the installation of 89 LF of 54” PVC sewer pipe, installing 2 EA reinforced concrete sewer manholes structures, manhole rehabilitation, and abandoning 2 EA failing sewer vaults in place. The project required a 30 MGD sewer bypass system for all active outfall sewer work. The project was located through many different owner’s jurisdiction including City of San Diego, MTS, County of San Diego, and private HOA-owned property all of which required coordination of work through the completion of the project.
FY 19/20 Flood Control Maintenance Project, County of San Diego – Provided resident engineering and inspection services for multiple culvert repairs and replacements including installation of RCP culverts, HDPE culverts, Cured-In-Place-Pipe (CIPP) lining existing culverts, headwalls, slurry filling voids beneath culverts, slurry backfill, minor concrete pipe collars, rip rap, asphalt replacement, striping, hydroseeding, water pollution control, construction site management, and traffic control.
Total Project Value: $320,000| Reference: Ali Pirouzian, PE, P.Eng., CPESC – (858) 694-8948
Los Coches Sewer Improvements from Lakeside Maintenance Hole 0555 to 0599, County of San Diego – Resident Engineer for the installation of 6,300 LF of 8- to 15-inch CIPP liner and the installation of 3,200 LF of Articulated Concrete Block (ACB) as part of an Environmental project located within the Los Coches Creek. The project also included a couple of removal and replacement sections of sewer main, and many manhole rehabilitations also located within the Los Coches Creek. As Resident Engineer for this project, Lucas coordinated biological and cultural monitoring with the County’s Environmental Services Unit (ESU) and maintained project compliance with the RWQCB and Army Corps permits. The successful completion of this project was a key component for satisfying the County’s requirements of the RWQCB Enhanced Compliance Actions (ECA).
Total project value: $1,238,835.00 | Reference: Ali Pirouzian, PE, P.Eng., CPESC – (858) 694-8948 Spring Valley Outfall Sewer Diversion and Meter Abandonment, County of San Diego – Resident Engineer for the installation of 89 LF of 54” PVC sewer pipe, installing 2 EA reinforced concrete sewer manhole structures, manhole rehabilitation, and abandoning 2 EA failing sewer vaults in place. The project required a 30 MGD sewer bypass system with 100% redundancy for all active outfall sewer work. The project was located through many different owners including City of San Diego, MTS, County of San Diego, and private HOA-owned property all of which required coordination of work through completion of the project.
ATTACHMENT B 33 November 17, 2025 Item 4
LUCAS FINDLAY, PE, QSD/P
CONSTRUCTION MANAGER
3 Culvert Replacements for AC Maintenance, County of San Diego – provided resident engineering or assistant resident engineering services for many culvert replacements including inspection of storm drain pipe replacement, invert paving, culvert abandonment, earthwork, minor concrete structures, various types of headwalls, minor concrete protection pads, slurry backfill, minor concrete pipe collars, CSP inlets, rip rap, asphalt replacement, AC berms and spillways, curb and gutter, chain link fence, wooden fence, pedestrian railing, culvert delineators, striping, roadside signs, re-plant vegetation, hydroseeding, clear water bypass, water pollution control, construction site management, and traffic control.
Peck & Chestnut Sewer Rehabilitation, Elsinore Valley Municipal Water District – Senior Construction Inspector for the removal and replacement of approximately 3,000 LF of 8-inch and 6-inch PVC sewer main, as well as approximately 3,000 LF of CIPP pipe lining. In addition to the sewer main installation, the project included a significant amount of flatwork and paving. Through a reimbursement agreement with the City of Lake Elsinore, Elsinore Valley Municipal Water District included improvements to all of the ADA pedestrian ramps within the project limits, replacement of a number of driveway aprons and cross-gutters, and full width pavement restoration to the affected streets.
Downtown Water and Sewer Pipelines Replacement - Phase I, City of Oceanside – Provided inspection of 8" PVC water, 8" PVC sewer, and asphalt replacement. Lucas provided support in the inspection of water and sewer appurtenances including the installation of water services, blowoffs, fire hydrants, air vacs, thrust blocks, inline valves, valve clusters, tie-ins, sewer laterals, and sewer manholes. Lucas assisted in coordination and planning that involved local businesses affected by the planned shutdowns.
La Costa Water Main Replacement, City of Carlsbad – Provided resident engineering services on this relocation project including inspection of 577 LF of horizontal directional drilled 8” HDPE waterline, 352 LF of open trench 8" PVC waterline, and tie-ins. Lucas provided construction inspection, construction administration, and project closeout. Typical tasks included project document control; chairing construction project meetings; project coordination between the City, contractor, and public;submittal reviews; RFI processing; change order processing; progress payment processing; daily inspection and photo documentation; punch list; and final project documents.
Valve Replacement Phase I, City of Carlsbad – Provided resident engineering services on this valve replacement project including inspection of removal and replacement of water valve clusters at 19 sites. Lucas provided construction inspection, construction administration, and project closeout. Typical tasks included project document control; chairing construction project meetings; project coordination between the City, contractor, and public; submittal reviews; RFI processing; change order processing; progress payment processing; daily inspection and photo documentation; punch list; and final project documents.
La Coruna Storm Drain Improvements, City of Carlsbad – Provided resident engineering services on this storm drain improvement project including inspection of 500 LF of 6” PVC, storm drain cleanouts, curb & gutter, cross gutter, and asphalt resurfacing. Lucas provided construction inspection, construction administration, and project closeout. Typical tasks included project document control; chairing construction project meetings; project coordination between the City, contractor, and public; submittal reviews; RFI processing; change order processing; progress payment processing; daily inspection and photo documentation; punch list; and final project documents. Total Project Value: $193,280 | Reference: Scott Fisher – (760) 814- 7223
Pavement Overlay Project, City of Carlsbad – Provided assistant construction management services on this paving project including inspection of grind and overlay of main streets and intersections, traffic striping, and raised manholes and valve boxes ATTACHMENT B 34 November 17, 2025 Item 4
LUCAS FINDLAY, PE, QSD/P
CONSTRUCTION MANAGER
4 to grade. Lucas supported the construction management team in various areas of project closeout, final punch list, final change orders and final payment.
Relocation of Existing Flume – Tract 932, Vista Irrigation District (Escondido, CA) – Provided assistant construction management services on this relocation project including inspection of 3,319 LF of 42" HDPE flume, 181 LF of 42" CMLC flume, and 504 LF of 36" HDPE flume with 48" of RCP tunnel installation. Lucas supported the construction management team in various areas of flume installation including inspection of HDPE welding, appurtenances, observation of hydrostatic testing, observation of flushing and disinfection, daily quantity tracking of all applicable bid schedule items, and tie-ins.
J.O. 51928 Relocation of Pipelines Along San Vicente Road from Warnock Road to Vicente Meadows Drive – Tract 932, County of San Diego – Provided inspection of over 3 miles of 16”, 12” and 8” CMLC and 8” PVC waterline installation. Lucas provided inspection of all waterline appurtenances, including gate valves, butterfly valves, combination air/vacuum valves, blowoffs, wet barrel fire hydrants, dry barrel fire hydrants, cathodic testing, water services, fire services, thrust blocks, valve seats, insulation flanges, and tie-ins.
J.O. 10614 Nickel Creek Improvement, Ramona Municipal Water District – Provided inspection of PVC water and sewer installation, automatic combination air release/air vacuum valve installations, blowoff installations, fire hydrant installations, thrust block and valve seat installations, transition couplings, end cap installations, tie-ins, sewer manhole installations, sewer cleanout installations, and sewer lateral installations. Lucas administered and reviewed CCTV inspection, oversaw hydrostatic testing, flushing and disinfection of all installed waterlines, air testing of sewer main, vacuum testing of sewer manholes, and mandrel testing of sewer main.
Sewer Age & Condition Related Rehabilitation, City of Vista – Provided inspection of CIPP installation, produced daily inspection reports, reviewed post-construction CCTV, and processed change orders.
South Santa Fe Wet Utilities, City of Vista – Provided inspection of storm drain installation, storm drain cleanout construction, sewer main installation, sewer manhole construction, sewer main and manhole testing including mandrel tests, low pressure air tests and vacuum tests, water main installation, trenching and shoring safety, traffic control plans, and asphalt replacement.
Gravity Main Sewer Rehabilitation, City of Vista – Prepared and advertised Request for Proposal (RFP) seeking CCTV with laser ring profiling and NASSCO MACP MH Inspection services for design purposes. Designed plans and specs for the rehabilitation of 3,700 linear feet of 36-inch Ductile Iron Pipe (DIP) trunk sewer including mortar repair and epoxy coating of designated manholes. Performed thickness calculations for a CIPP liner according to ASTM F1216 for the 36-inch pipe assuming a fully deteriorated host pipe condition and fully saturated soil above. Designed two pumped sewage bypass plan alternatives including pump sizing, bypass pipe sizing, bypass piping alignment, and stormwater inlet protection. Performed flow capacity calculations of 36-inch trunk sewer comparing flow capacity before and after liner installation.
ATTACHMENT B 35 November 17, 2025 Item 4
SHANNON M. GOODRICH
RESIDENT ENGINEER/SR. CONSTRUCTION INSPECTOR
1 QUALIFICATIONS
Mr. Goodrich has over 30 years of experience in the construction management and inspection field. He began his career with Dudek, Inc. and spent a number of years providing inspection and resident engineering services on a range of projects including sewer and water mains, street improvements, facilities and storm drains. His duties have included general management of construction contracts, submittal review, progress pay processing, RFI coordination, and inspection staff coordination.
Mr. Goodrich has become an expert on geomembrane liners and drainage basin construction.
His extensive experience and expertise in construction quality assurance (CQA) inspection, documentation, and reporting for various geomembrane liner systems make him a valuable professional in the field of environmental containment and collection. With over 30 years of practical knowledge, he has contributed significantly to solid waste management landfill systems, municipal water and wastewater facility construction inspection, green infrastructure, wetlands development, storm drain improvements, modular wetland systems, biofiltration basins and specialty Brentwood Storm Tank systems.
PROJECT EXPERIENCE
High-Rate Up-Flow Anaerobic Sludge Blanket System, Oregon – Mr. Goodrich was the lead CQA engineer and field engineer, contracted by Pharmer Engineering, during construction of the high-rate Up-flow Anaerobic Sludge Blanket (UASB) system that is owned and operated by the city. The system, which was installed in 1991, is dedicated to treating potato processing wastewater generated by local growers. The system was designed to off-load the City’s main treatment plant by approximately 12,000 pounds per day of biochemical oxygen demand.
Following treatment, the flow goes to a sulfide oxidation tank to oxidize reduced sulfur compounds prior to discharge to the City sewer system. Shannon was the on-site field engineer and Construction Manager (CM) for the Owner and Engineer of Record, he was responsible for overall construction workmanship, quality assurance, progress scheduling, budget and start-up operations.
Solid Waste, Visalia Landfill Cells 2 and 3, Tulare County – Mr. Goodrich was contracted by the Engineer of Record and the CQA Engineer EBA to manage all construction activities related to the Counties Cell 3 expansion. During design, Shannon assisted EBA with material selections and technical specification writing. At the time of construction, Shannon managed all field activities as the lead CQA monitor. Work included submittal reviews, material inventory, material tracking, conformance sampling, Resident Engineering Inspections, payment quantity authorizations, and final acceptance. In total, over 1.5 million SF of 60 mil HDPE (2) sided textured HDPE geomembrane was installed and tested. One (1) small 5mm hole was detected in the entire system, most likely caused by a workman’s clamp. Shannon compiled all field documentation into the final certification report that was approved by the CQA Officer and submitted to the State.
Potable Water Storage Reservoirs, Los Angeles Department of Water & Power – Mr. Goodrich performed design assistance and technical engineering for several large “Potable” drinking water
EDUCATION
Plymouth University
B.S. Environmental Sciences
& Biology, 1988
REGISTRATION
Soils Mechanic Laboratory,
Electrical Leak Survey
Fabricated Geomembrane -
Institute CQA.
40 Hr OSHA
YEAR ENTERED
PROFESSION
1989
ARDURRA HIRE
2024
ATTACHMENT B 36 November 17, 2025 Item 4
SHANNON M. GOODRICH
RESIDENT ENGINEER/SR. CONSTRUCTION INSPECTOR
2 reservoirs throughout LA County for the water district and Engineer of Record, Hilts Consultant Group. Under the direction of Doug Hilts (HCG) Shannon provided technical specification preparation, material selections and CQA services during installations. Typical reservoir work included: rehabilitation of the subsurface basin including permeable asphaltic patch and repair, sub-basin floor piping for better distribution, under-drain collection system, new basin geomembranes and define sump floating cover systems. Material used is typically CSPE 3-ply reinforced sheeting.
Specialty green infrastructure projects with large double trap storm drain system, biofiltration basins and modular wetlands systems include the Brentwood Storm Tank systems for the following projects in California: Westlake Porsche, Wildomer Popeyes, US public Storage, Toyota Buena Park, serena Village Fontana, BMW Irvine and LA County School District.
Floating Cover System, Rainbow Municipal Water District – Shannon Goodrich provided full-time Construction Quality Assurance (CQA) Field Inspection Services during the Potable Water Storage Reservoir. Shannon provided full time field inspection directly for the Owner to observe and document the construction. Work by the Contractor included the removal of inplace cover, draining and cleaning the reservoir, up-grading the floor mechanical distribution piping, new triple off-set valves, Subgrade and earthworks repair, new leak detection system, and complete baseliner and floating tension cover systems. Cover and liner material used is CSPE 45 and 60 mil with a geocomposite underlayment for venting beneath the baseliner. Total SF installed was 2.3 -million SF.
Lower Franklin Reservoir No. 2 Floating Cover Replacement, Los Angeles Department of Water & Power – Shannon Goodrich provided CQA inspection and documentation services. During construction full-time Construction Quality Assurance (CQA) Field Engineering Services during the Potable Water Storage Reservoir. Work included the removal of in-place cover, draining and cleaning the reservoir, up-grading the floor mechanical distribution piping, new floor valves, and a perimeter concrete curb for the new liner system. Subgrade and earthworks repair, new leak detection system, and complete baseliner and floating tension cover systems. Cover and liner material used is CSPE 45 and 60 mil with a geocomposite underlayment for venting beneath the baseliner. Total SF is 3.8 million SF.
City of Seattle Lake Forest Park Potable Water Storage Reservoir, Washington – Shannon Goodrich provided full-time Construction Quality Assurance (CQA) Field Resident Engineering and CQA Inspection Services during the Potable Water Storage Reservoir rehabilitation. Shannon provided full time field inspection directly for the Owner (SPU) to observe and document the construction. Work by the Contractor included the removal of in-place floating cover, draining, and cleaning the reservoir, up-grading the floor mechanical distribution piping, upgraded electrical systems, and a new baseliner and floating tension cover systems. Cover and liner material used is CSPE 50 base and 60 mil floating cover. Total SF installed was 2-million SF.
Century City Constellation Station Purple Line Extension Section 2 Los Angeles County Metropolitan Transportation Authority, Los Angeles – Shannon Goodrich was the lead CQA resident engineer for the purple line waterproofing system quality assurance. During construction Shannon provided liaison between Metro engineers and project construction managers to train and provide quality assurance inspections and testing for the manufactured and installed tunnel waterproofing geomembrane systems to ensure full compliance. Shannon provided daily observation, reporting and guidance to the engineers, project supervisors and installation contractors on unique tunnel waterproofing systems, injection grout tube systems, water stops and water barriers, leak detection systems and geomembrane welding techniques and practices.
ATTACHMENT B 37 November 17, 2025 Item 4
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us November 17, 2025
Michael Baker International SENT VIA EMAIL
Attn: Tim Thiele, Vice President
5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
RE: TASK ORDER AMENDMENT & NOTICE TO PROCEED FOR CONSTRUCTION
SUPPORT SERVICES FOR THE JIMMY DURANTE BOULEVARD BLUFF
STABILIZATION PROJECT
This Task Order (TO) Amendment and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and Michael Baker International (Consultant), the term for which is December 7, 2020 to December 7, 2025.
Consultant shall execute tasks related to the Jimmy Durante Boulevard Bluff Stabilization Project as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order Amendment shall not exceed $30,700. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by April 2026 to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A. The task order amendment is subject to a contract extension for work beyond the initial contract term.
The primary contact for this Task Order and invoicing is Martin Boyd, Principal Engineer, who can be reached at [email protected] and (858) 375-9531. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program.
Please contact Management Analyst Denise Galvan at [email protected] or (858)704-3657 with any questions about executing this Task Order.
Approved by: Accepted by:
City of Del Mar Michael Baker International
_____________________________________ _______________________________________ Ashley Jones Date Tim Thiele Date
City Manager Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: Michael Baker International - Proposal for Construction Support Services ATTACHMENT C 38 November 17, 2025 Item 4
5050 Avenida Encinas, Suite 260 | Carlsbad, CA 92008
Office: 760.476.9193 | Fax: 760.476.9198
November 6, 2025
Martin Boyd
Principal Engineer
City of Del Mar
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Re: Construction Support for Slope Stabilization Improvement on Jimmy Durante Boulevard – Revision 1
Dear Martin:
Pursuant to your request, the Michael Baker International team is pleased to provide you with this proposed scope of services and fee estimate for the above-mentioned project.
Below is a summary breakdown of the tasks we would undertake to provide construction support for the slope stabilization and inlet improvements on Jimmy Durante Boulevard. A detailed scope of services is attached, and fee estimate is provided below.
Our staff is ready to commence upon your approval of our scope of services. If you have any questions about this scope of services or fee estimate, please feel free to contact me at 760-603- 6260.
Sincerely,
Geoffrey Retemeyer, PE, TE
Project Manager
ATTACHMENT C 39 November 17, 2025 Item 4
City of Del Mar
November 6, 2025
Jimmy Durante Blvd Slope Stabilization Page 1
City of Del Mar As-Needed Professional Services Agreement Proposal for Construction Support for the Slope Stabilization on Jimmy Durante Blvd
Scope of Services
This scope has been prepared in response to the City’s request for Michael Baker International to provide construction support for the Jimmy Durante Slope Stabilization and Inlet Improvement Project.
Task 1: Construction Support
Michael Baker and Dokken will provide technical support to the City’s project manager during the construction phase of the project. Michael Baker will answer questions and provide clarification to the plans, review and respond to submittals, shop drawings, and RFIs. This task will include bid documents clarifications and assistance, attendance at a preconstruction meeting, or other tasks as requested by the City Project Manager. It is anticipated Michael Baker and Dokken will utilize staff disciplines including civil engineering, landscape architecture and structural engineering.
This task does not budget for major contract change orders. If major contract change orders are required, due to unforeseen circumstances, Michael Baker shall discuss the level of effort and budget required with the City and scope separately as time and materials.
The budget estimates a construction support duration of four months and estimates the following hourly breakdown;
• Project Manager: 24 Hours
• Senior Engineer: 50 Hours
• Project Engineer: 120 Hours
The hour allocation above is an estimate. Michael Baker will notify the City once 80% of this task budget has been expended.
Deliverables;
Attendance at construction meetings as needed, submittal reviews and responses, request for information (RFI) responses, and possible improvement plan revisions as necessary in accordance with the estimated budget above.
Task 2: Project Close Out (As-Builts)
Michael Baker and Dokken will assist with final project close-out items with the city. This task includes developing the project’s Record/As-Builts Drawings from redlines received from the City’s construction team. This task will be initiated only when receiving approvals from the City Project Manager.
Deliverables;
As-Built record drawings to the City of Del Mar.
ATTACHMENT C 40 November 17, 2025 Item 4
City of Del Mar
November 6, 2025
Jimmy Durante Blvd Slope Stabilization Page 2
EXHIBIT B
Compensation
Michael Baker proposes to complete the work outlined in Scope of Services and invoice the City monthly on a percentage of completion basis in accordance with the following cost estimate:
TASKS and ANTICIPATED COSTS
Task 1: Construction Support $34,900
Task 2: Project Close Out (As-Builts) $3,300
Reimbursables $500
SUBTOTAL: $38,700
Credit from Remaining Design Phase Budget ($8,000)*
TOTAL: $30,700
*Note: Total cost for this proposal is $38,700. A $8,000 credit from the remaining budget from the Jimmy Durante Slope Stabilization Improvement Design Phase Task Order will be utilized for Construction Support Services budget. It is assumed the design phase task order budget will be billed prior to billing the Construction Support Task Order.
ATTACHMENT C 41 November 17, 2025 Item 4
City of Del Mar
November 6, 2025
Jimmy Durante Blvd Slope Stabilization Page 3
EXHIBIT C
Assumptions Used in Scope Development
• Potholing is excluded from this scope of work
• Geotechnical Reports and/or investigations is not included in this scope. • No meetings with individual property owners are included in this scope of work. • Monument preservation is not included in this scope of work. • Construction Staking is not included in this scope.
• All other services not explicitly outlined in the scope above are excluded.
ATTACHMENT C 42 November 17, 2025 Item 4
1050 Camino Del Mar, Del Mar, CA 92014 | 858.755.9313 | www.delmar.ca.us November 17, 2025
NOVA Services, Inc. SENT VIA EMAIL
Attn: David Lewis, Senior Vice President
4373 Viewridge Avenue, Suite B
San Diego, CA 92123
RE: TASK ORDER & NOTICE TO PROCEED FOR GEOTECHNICAL SERVICES FOR THE
JIMMY DURANTE BOULEVARD BLUFF STABILIZATION PROJECT
This Task Order (TO) and Notice to Proceed (NTP) is issued pursuant to the terms and conditions contained in the as-needed Consulting Services Agreement between the City of Del Mar and NOVA Services, Inc. (Consultant), the term for which is November 19, 2022 to November 19, 2027.
Consultant shall execute tasks related to the Jimmy Durante Boulevard Bluff Stabilization Project as described in the Consultant’s proposal included as Exhibit A to this Task Order. The project cost for this Task Order shall not exceed $32,964. The project schedule shall commence upon execution of this Task Order/Notice to Proceed, and shall be completed by April 2026, to the satisfaction of the Public Works Director, in accordance with the proposed Scope of Work included in Exhibit A.
The primary contact for this Task Order and invoicing is Martin Boyd, Principal Engineer, who can be reached at [email protected] and (858) 375-9531. Please sign and return a copy of this Task Order electronically through OneSpan, the City’s electronic document routing program.
Please contact Management Analyst Denise Galvan at [email protected] or (858)704-3657 with any questions about executing this Task Order.
Approved by: Accepted by:
City of Del Mar NOVA Services, Inc.
_____________________________________ _______________________________________ Ashley Jones Date David Lewis Date
City Manager Senior Vice President
cc: Joe Bride, Public Works Director
Martin Boyd, Principal Engineer
Polly Robertson, Management Analyst
Exhibit A: NOVA Services, Inc. - Proposal for Geotechnical Services and Laboratory Testing ATTACHMENT D 43 November 17, 2025 Item 4
GEOTECHNICAL
MATERIALS
SPECIAL INSPECTION DVBE SBE SDVOSB SLBE
4373 Viewridge Avenue, Suite B
San Diego, CA 92123
P: 858.292.7575
usa-nova.com 16610 Aston Street
Irvine, CA 92606
P: 949.388.7710
AUTHORIZATION TO PERFORM SERVICES
Martin Boyd | Principal Engineer August 7, 2025
City of Del Mar Public Works Department
2240 Jimmy Durante Boulevard
Del Mar, CA 92014
Project: Jimmy Durante Boulevard Bluff Stabilization Project Del Mar, California
Dear Martin:
This agreement is between NOVA Services, Inc., herein referenced as (NOVA) and The City of Del Mar, herein referenced as (Client). The following is an estimate of the work to be performed and associated fees.
Estimated Fees
(CONTINUED NEXT PAGE)
ATTACHMENT D 44 November 17, 2025 Item 4
Proposal for Materials Testing and Inspection Services
Jimmy Durante Boulevard Bluff Stablization
Del Mar, California
August 7, 2025
2 This is a time and materials estimate. NOVA is assuming approximately 6 weeks of construction during which time NOVA technicians and inspectors will be on site periodically for earthwork observation and testing and full time for soldier pile installation. The total quantities of our services will be directly dependent on the contractor’s schedule. Our services will be billed in accordance with Professional Services Agreements for As-Needed Geotechnical Services, dated November 19, 2022, between the City of Del Mar and NOVA Services, Inc.
NOVA appreciates the opportunity to be of continued service. Should you have any questions regarding this authorization or other matters, please do not hesitate to contact the undersigned at 619.922.6889.
Respectfully submitted,
NOVA Services, Inc.
______________________ ______________________
Andrew Neuhaus, PG, CEG David Lewis
Senior Engineering Geologist Senior Vice President
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Councilmembers
FROM: Karen Falk, Principal Engineer
Joe Bride, Public Works Director
Polly Robertson, Management Analyst
Via Ashley Jones, City Manager
DATE: November 17, 2025
SUBJECT: Approval of Agreements for As-Needed Civil Engineering, Traffic Engineering, Dry Utility Engineering, Architectural Services, Seawall Engineering, and Development Review Services
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council approve the following as-needed agreements and authorize the City Manager to execute the agreements and any necessary time extensions provided for under the terms of the agreements:
1) Civil Engineering, Traffic Engineering, and Development Review Services with Michael Baker International, Inc. (Attachment A);
2) Civil Engineering, Dry Utility Engineering, Seawall Engineering, and Development Review Services with NV5, Inc. (Attachment B);
3) Civil Engineering Services with Dudek (Attachment C); 4) Traffic Engineering Services with ZONE Traffic Engineering Consulting, LLP (Attachment D);
5) Dry Utility Engineering Services with KCM Group (Attachment E); 6) Architectural Services with Stephen Dalton Architects, Inc. (Attachment F); and 7) Seawall Engineering Services with ENGEO (Attachment G).
BACKGROUND:
The City’s Capital Improvement Program and operations and maintenance programs require diverse technical engineering expertise including civil engineering, traffic engineering, developmental review, dry utility engineering, seawall analysis, construction management, geotechnical, land surveying, and architectural services. City staff do not possess the diverse expertise, technical equipment/software, or capacity to perform all these necessary services in-house. Therefore, the City supports its in-house capabilities by administering as-needed agreements with highly qualified technical consultants. 1 November 17, 2025 Item 5
City Council Agenda Report
Agreements for As-Needed Engineering Services
November 17, 2025
As technical service needs are identified for various City projects, task order proposals are solicited from the City’s approved as-needed consultants. A task order with a negotiated scope, fee, and schedule will be executed and might require City Council approval if the cost is above the City Manager’s signing authority. City staff manage consultants to ensure that quality work that meets the scope of the approved task order is delivered accurately, on schedule, and within the approved budget.
DISCUSSION/ANALYSIS:
On September 10, 2025, the City issued a Request for Qualifications (RFQ 2025-03) soliciting proposals from qualified firms to provide as-needed civil engineering, traffic engineering, dry utility engineering, architectural services, seawall engineering, and development review services. Firms were invited to propose in any or all service areas and were considered individually for each service area.
Twenty-two (22) firms submitted proposals in response to the RFQ. To ensure the City receives the highest level of service, the proposals were carefully evaluated based on experience of key personnel, qualifications, and understanding of the anticipated work.
Hourly rates were reviewed to ensure they aligned with current market rates for the services to be provided. Based on the review of the proposals submitted, staff determined that the firms identified in the table below are the most qualified to meet the City’s technical needs in the identified service areas.
Service Area Recommendation
Civil Engineering Michael Baker International, Inc.
NV5, Inc.
Dudek
Traffic Engineering ZONE Traffic Engineering Consulting, LLP Michael Baker International, Inc.
Dry Utility Engineering NV5, Inc.
KCM Group
Architectural Services Stephen Dalton Architects, Inc.
Seawall Engineering ENGEO
NV5, Inc.
Development Review Michael Baker International, Inc.
NV5, Inc.
Staff recommends that the City enter into as-needed agreements with these seven firms to ensure ongoing and future City projects and operations can move forward efficiently.
The term of the agreements will be for an initial three-year period with an option to extend the agreements for an additional two-year period upon satisfactory performance. Multiple firms are recommended for most service areas, except for architectural services since minimal work is anticipated during the contract term.
2 November 17, 2025 Item 5
City Council Agenda Report
Agreements for As-Needed Engineering Services
November 17, 2025
By entering into multiple agreements, the City will have the ability to choose the most suitable firm for tasks and have alternative qualified firms available if the preferred consultant cannot meet the timeline of the project. With regarding to traffic engineering, ZONE Traffic Engineering would serve in the official capacity of the City Traffic Engineer, with MBI available when needed to provide supplemental traffic engineering services.
Entering into as-needed agreements does not obligate the City to use any of these firms, and there will be no cost to the City related to these agreements unless work is performed.
FISCAL IMPACT:
There is no fiscal action to be taken by the City Council as part of the recommended action. Tasks for individual projects will be funded through current or future Council approved capital or operating budgets.
ENVIRONMENTAL IMPACT:
The proposed City Council action does not constitute a “project” under the definition set forth in California Environmental Quality Act (CEQA) Guidelines Section 15378 because it will not have a potential to result in a direct or indirect physical change in the environment and is, therefore, not subject to CEQA. No further action under CEQA is required.
NEXUS TO CITY COUNCIL GOALS AND PRIORITIES:
This is an operational item and is not related to Council Goals and Priorities.
ATTACHMENTS:
Attachment A - Agreement for As-Needed Civil Engineering, Traffic Engineering, and Development Review Services for Michael Baker International, Inc.
Attachment B - Agreement for As-Needed Civil Engineering, Dry Utility Engineering, Seawall, and Development Review Services with NV5, Inc.
Attachment C - Agreement for As-Needed Civil Engineering Services with Dudek Attachment D - Agreement for As-Needed Traffic Engineering Services with ZONE Traffic Engineering Consulting, LLP
Attachment E - Agreement for As-Needed Dry Utility Engineering Services with KCM Group
Attachment F - Agreement for As-Needed Architectural Services with Stephen Dalton Architects, Inc
Attachment G - Agreement for As-Needed Seawall Services with ENGEO 3 November 17, 2025 Item 5
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND MICHAEL BAKER INTERNATIONAL, INC.
FOR AS-NEEDED CIVIL ENGINEERING, TRAFFIC ENGINEERING,
AND DEVELOPMENT REVIEW SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 8th day of December, 2025 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Michael Baker International, Inc. (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to provide as-needed civil engineering, traffic engineering, and development review services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.
1.2. Designated Point of Contact. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services. Prior to the start of services, each Party shall identify for the other a designated point of contact for administration and oversight of the services to be provided under this Agreement, with notification of any change to the point of contact within thirty (30) days.
1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years from the date first written above, unless sooner terminated by City as provided for in Section 2.3 and 2.4 of this Agreement. The Agreement may be extended for an additional two-year period upon agreement by both Parties. Such extension, if any, will be evidenced by a written amendment to this Agreement.
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Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.
Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided on a task order basis at the rates described in the Fee Schedule contained in Exhibit “B.” Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with the Fee Schedule contained in Exhibit “B.” City and Consultant shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any ATTACHMENT A 5 November 17, 2025 Item 5
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benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Except as required by legal demands, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
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9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City and Consultant shall not be held liable for any modification or reuse of delivered work product by City for purposes outside the Project for which the deliverable was prepared. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the 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, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing ATTACHMENT A 7 November 17, 2025 Item 5
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coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.
The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of City, Consultant shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by City) and indemnify the City, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part ATTACHMENT A 8 November 17, 2025 Item 5
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by the negligent, reckless or wrongful acts, errors or omissions of Consultant in the performance of the professional services under this Agreement and those of Consultant's sub-consultants or anyone for whom Consultant is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. Notwithstanding the foregoing, Consultant’s defense obligations shall not exceed its proportionate percentage of fault, except as set forth in section 2782.8 of the Civil Code, as amended by Senate Bill 496.
12.2 Indemnity for Other than Professional Liability. Consistent with Cal.Civ.Code Section 2782.8 with respect to operations other than the performance of the professional services under this Agreement, Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. And in no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault as determined by a court of competent jurisdiction. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence, active negligence, or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's selfadministered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.3 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement that are proportional to Consultants percentage of fault from their negligence, recklessness, or willful misconduct and for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.
12.4 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.
13. SUBCONTRACTORS.
13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement.
The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
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13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Consultant:
City of Del Mar Michael Baker International, Inc.
City Clerk Tim Thiele, PE, QSD, Principal in Charge
1050 Camino del Mar 5050 Avenida Encinas, Suite 260
Del Mar, CA 92014 Carlsbad, CA 92008
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.
Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of ATTACHMENT A 10 November 17, 2025 Item 5
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prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.
To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this ATTACHMENT A 11 November 17, 2025 Item 5
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Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
30. WAIVER OF CONSEQUENTIAL DAMAGES. To the fullest extent permitted by law, the Parties expressly agree that neither Party shall be liable to the other for any special, incidental, indirect, exemplary, or consequential loss, damage, expense, or cost (including, without limitation, any loss of use, revenue, income, profit, financing, productivity, business, and/or reputation) arising out of or relating in any way to the Services, Agreement, or Project.
31. FORCE MAJEURE. Consultant shall not be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is caused by (i) any act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, act of government, (ii) any action or inaction of City or a third-party engaged by City, and/or (iii) any other event, occurrence or circumstance beyond the reasonable control of Consultant. In such cases, the consultant shall be entitled to a reasonable extension of time for performance and may be excused from performance obligations during the force majeure event.
32. COST ESTIMATES. The Consultant does not have control over the cost of labor, materials, or equipment, over the construction contractors' methods of determining prices, or over competitive bidding, market, or negotiating conditions. Accordingly, the Consultant does not warrant or represent that competitively bid or negotiated prices will not vary from the construction budget or from any estimate of cost or evaluation prepared as part of the scope, or agreed to, by the Consultant.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
[SIGNATURES ON THE FOLLOWING PAGE]
ATTACHMENT A 12 November 17, 2025 Item 5
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CITY OF DEL MAR,
a municipal corporation
By: ___________________________
Ashley Jones, City Manager
MICHAEL BAKER INTERNATIONAL, INC.
By:__________________________________
Tim Thiele, PE, QSD, Principal in Charge
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
ATTACHMENT A 13 November 17, 2025 Item 5
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EXHIBIT A – SCOPE OF SERVICES
The Scope of Services consists of the following:
1. Civil Engineering Services:
o Roadways and pedestrian facility repair and design.
o Stormwater/drainage facility design.
o Wastewater facility (collect systems, pump station, and forcemain) design. o Potable and recycled water facility design.
o Project identification and/or CIP program development. o Water and wastewater modeling and analysis.
o Update asset inventories and information in the City’s Geographical Information System (GIS); prepare GIS graphics.
o Landscape Architecture services.
o Prepare technical reports, including exhibits and drawings. o Cost Estimating and Value Engineering.
o Quality control review of bid packages or documents prepared by other consultants.
o Condition Assessments (data collection and recommendations). o Grant application packages.
2. Traffic Engineering Services:
o Prepare plans, specifications, and estimates including geometric and channelization improvements for traffic signal installation and modifications, street and safety lighting installations and modifications, and traffic signing, traffic striping, and pavement marking improvements.
o Attend meetings, prepare presentations, and support City staff in the presentation of Agenda Reports to City Council or its Advisory Committees. o Conduct investigations and develop recommendations to community requests for traffic control device installation or modification. o Provide input and guidance on City issues, concerns, and processes. o Review traffic studies and potential impacts associated with proposed developments; identify mitigation measures and recommend traffic related requirements and conditions of approval.
o Review regional transportation studies for potential City impacts. o Prepare transportation-related grant applications or supporting documents. o Other general traffic engineering services as needed.
3. Development Review Services:
o Assist staff to provide recommendations and suggested conditions for approval of development applications.
o Provide plan check reviews for conformance with City standards and codes. o Provide constructions support and inspections to ensure concurrence with approved plans.
o Provide general and technical assistance to project applicants. o Provide public improvement plan review and inspections. o Review of maps for conformance with the Subdivision Map Act. o Review of title reports and legal descriptions for easements and development constraints.
o Provide signature of authority on final maps and improvement plans including providing an individual able to sign as to a Map’s technical accuracy. o Prepare reports and attend management and community meetings.
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EXHIBIT B – FEE SCHEDULE
Each year, on the anniversary date of the contract, the rates set forth in this schedule will increase by the increase in Consumer Price Index (CPI) or 3%, whichever is lower.
ATTACHMENT A 15 November 17, 2025 Item 5
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND NV5, INC.
FOR AS-NEEDED CIVIL ENGINEERING, DRY UTILITY
ENGINEERING, SEAWALL ENGINEERING, AND DEVELOPMENT REVIEW SERVICES This Professional Services Agreement (“Agreement”) is made and entered into this 8th day of December 2025 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and NV5, Inc. (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to provide as-needed civil engineering, dry utility engineering, seawall engineering, and development review services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.
1.2. Designated Point of Contact. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services. Prior to the start of services, each Party shall identify for the other a designated point of contact for administration and oversight of the services to be provided under this Agreement, with notification of any change to the point of contact within thirty (30) days.
1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years from the date first written above, unless sooner terminated by City as provided for in Section 2.3 and 2.4 of this Agreement. The Agreement may be extended for an ATTACHMENT B 16 November 17, 2025 Item 5
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additional two-year period upon agreement by both Parties. Such extension, if any, will be evidenced by a written amendment to this Agreement.
Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.
Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided on a task order basis at the rates described in the Fee Schedule contained in Exhibit “B.” Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with the Fee Schedule contained in Exhibit “B.” City and Consultant shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise ATTACHMENT B 17 November 17, 2025 Item 5
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full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant ATTACHMENT B 18 November 17, 2025 Item 5
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represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 (Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the 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, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
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11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.
The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of City, Consultant shall, to the fullest extent permitted by law, hold harmless, ATTACHMENT B 20 November 17, 2025 Item 5
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protect, defend (with attorneys approved by City) and indemnify the City, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of Consultant in the performance of the professional services under this Agreement and those of Consultant's sub-consultants or anyone for whom Consultant is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. Notwithstanding the foregoing, Consultant’s defense obligations shall not exceed its proportionate percentage of fault, except as set forth in section 2782.8 of the Civil Code, as amended by Senate Bill 496.
12.2 Indemnity for Other than Professional Liability. Consistent with Cal.Civ.Code Section 2782.8 with respect to operations other than the performance of the professional services under this Agreement, Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. And in no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault as determined by a court of competent jurisdiction. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence, active negligence, or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's selfadministered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.3 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement that are proportional to Consultants percentage of fault from their negligence, recklessness, or willful misconduct and for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.
12.4 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.
13. SUBCONTRACTORS.
13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement.
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The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Consultant:
City of Del Mar NV5, Inc.
City Clerk Tamara O’Neal, PE
1050 Camino del Mar 15092 Avenue of Science, Suite 200
Del Mar, CA 92014 San Diego, CA 92128
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.
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Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.
To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not ATTACHMENT B 23 November 17, 2025 Item 5
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be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
30. WAIVER OF CONSEQUENTIAL DAMAGES. To the fullest extent permitted by law, the Parties expressly agree that neither Party shall be liable to the other for any special, incidental, indirect, exemplary, or consequential loss, damage, expense, or cost (including, without limitation, any loss of use, revenue, income, profit, financing, productivity, business, and/or reputation) arising out of or relating in any way to the Services, Agreement, or Project.
31. FORCE MAJEURE. Consultant shall not be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is caused by (i) any act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, act of government, (ii) any action or inaction of City or a third-party engaged by City, and/or (iii) any other event, occurrence or circumstance beyond the reasonable control of Consultant. In such cases, the consultant shall be entitled to a reasonable extension of time for performance and may be excused from performance obligations during the force majeure event.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
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CITY OF DEL MAR,
a municipal corporation
By: ___________________________
Ashley Jones, City Manager
NV5, INC.
By: _______________________
Jeffrey M. Cooper, PE,
EVP, Chief Operating Officer
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
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EXHIBIT A – SCOPE OF SERVICES
The Scope of Services consists of the following:
1. Civil Engineering Services:
o Roadways and pedestrian facility repair and design.
o Stormwater/drainage facility design.
o Wastewater facility (collect systems, pump station, and forcemain) design. o Potable and recycled water facility design.
o Project identification and/or CIP program development. o Water and wastewater modeling and analysis.
o Update asset inventories and information in the City’s Geographical Information System (GIS); prepare GIS graphics.
o Landscape Architecture services.
o Prepare technical reports, including exhibits and drawings. o Cost Estimating and Value Engineering.
o Quality control review of bid packages or documents prepared by other consultants.
o Condition Assessments (data collection and recommendations). o Grant application packages.
2. Dry Utility Engineering Services:
o Provide technical expertise and guidance to the City’s Utility Undergrounding Program.
o Familiarity with CPUC Rule 20B and Rule 32.A.2.
o Support district formation for establishing Rule 20B utility undergrounding districts, including conducting site visits with utility agencies to define the district boundary map
o Surveying & mapping services.
o Coordinate and review designs prepared by utility agencies for utility undergrounding conversions.
o Value engineering and constructability review of utility agency designs. o Prepare civil improvement plans, specifications, and estimates for the joint trench, conduits, substructures, and associated civil improvements, based on utility agency designs.
o Quality assurance reviews of bid packages for construction projects. o Prepare reports, attend management, and community meetings. o Develop exhibits and drawings for reports and supporting legal documents. o Provide resident interface and communication throughout the various phases of the project, including notification letters, maintaining a property owner/resident database to track communications, obtaining permit-to-enter forms and easements, responding to resident inquiries, coordinating with property owners required to install private service laterals, and neighborhood meetings. o Other general dry utility services as needed.
o Optional – Provide construction management and inspection services of the City’s scope of work for trench, conduit, substructures and associated civil improvements for utility undergrounding projects.
3. Seawall Engineering Services:
o Engineering analysis of seawalls.
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o Planning and design of shoreline seawalls.
o Planning and design of beach access points along Del Mar street ends. o Plan check of seawall plans and specifications.
o Seawall permitting assistance.
o Cost estimating related to seawalls.
o Attendance at public meetings.
4. Development Review Services:
o Assist staff to provide recommendations and suggested conditions for approval of development applications.
o Provide plan check reviews for conformance with City standards and codes. o Provide constructions support and inspections to ensure concurrence with approved plans.
o Provide general and technical assistance to project applicants. o Provide public improvement plan review and inspections. o Review of maps for conformance with the Subdivision Map Act. o Review of title reports and legal descriptions for easements and development constraints.
o Provide signature of authority on final maps and improvement plans including providing an individual able to sign as to a Map’s technical accuracy. o Prepare reports and attend management and community meetings.
ATTACHMENT B 27 November 17, 2025 Item 5
7. COST & FEE STRUCTURE
San Diego rates
NV5.COM | Beyond Engineering Effective: 01/01/2025
2025 CHARGE RATE SCHEDULE
Technical Services
Engineering Aide/Planning Aide__________________________________________________________ $95.00/hour Project Assistant _____________________________________________________________________ $105.00/hour Project Administrator _________________________________________________________________ $116.00/hour CADD Technician I____________________________________________________________________ $116.00/hour CADD Technician II ___________________________________________________________________ $150.00/hour CADD Technician III___________________________________________________________________ $160.00/hour Sr. CADD Technician/Designer _________________________________________________________ $176.00/hour Design Supervisor ____________________________________________________________________ $186.00/hour GIS Technician I______________________________________________________________________ $114.00/hour GIS Technician II _____________________________________________________________________ $146.00/hour GIS Analyst__________________________________________________________________________ $163.00/hour Senior GIS Analyst____________________________________________________________________ $193.00/hour Environmental Consulting Technical Services
Senior Principal ______________________________________________________________________ $265.00/hour Principal____________________________________________________________________________ $245.00/hour Senior III____________________________________________________________________________ $235.00/hour Senior II ____________________________________________________________________________ $220.00/hour Senior I_____________________________________________________________________________ $210.00/hour Staff III _____________________________________________________________________________ $190.00/hour Staff II _____________________________________________________________________________ $170.00/hour Staff I ______________________________________________________________________________ $160.00/hour Associate III _________________________________________________________________________ $150.00/hour Associate II _________________________________________________________________________ $140.00/hour Associate I __________________________________________________________________________ $130.00/hour Specialist III _________________________________________________________________________ $120.00/hour Specialist II _________________________________________________________________________ $110.00/hour Specialist I __________________________________________________________________________ $105.00/hour Project Analyst III_____________________________________________________________________ $125.00/hour Project Analyst I______________________________________________________________________ $115.00/hour Intern _______________________________________________________________________________ $70.00/hour Field Survey
1-Person Survey Crew (GPS) (Robotic) ___________________________________________________ $173.00/hour 1-Person Survey Crew_________________________________________________________________ $159.00/hour 2-Person Survey Crew_________________________________________________________________ $257.00/hour 3-Person Survey Crew_________________________________________________________________ $334.00/hour 1-Person Survey Crew (GPS) (Robotic)* __________________________________________________ $198.00/hour 1-Person Survey Crew*________________________________________________________________ $184.00/hour 2-Person Survey Crew*________________________________________________________________ $330.00/hour 3-Person Survey Crew*________________________________________________________________ $445.00/hour * Field rates are based on “Prevailing Wage” as determination by the Department of Industrial Relations (DIR).
Rates are effective through December 31, 2025. If contract assignment extends beyond that date, a new rate schedule will be added to the contract. Litigation support will be billed at $400.00 per hour.
City of Del Mar | As-Needed Civil, Traffic, & Dry Utility Engineering, and Seawall & Devt. Review Services NV5 | 78
EXHIBIT B - FEE SCHEDULE
ATTACHMENT B 28 November 17, 2025 Item 5
7. COST & FEE STRUCTURE
NV5COM | Bd EiiEffi01/01/2025
Survey Services
Technician ___________________________________________________________________________ $91.00/hour Technical Specialist __________________________________________________________________ $117.00/hour Technical Expert _____________________________________________________________________ $184.00/hour Pilot _______________________________________________________________________________ $134.00/hour Associate Team Leader _______________________________________________________________ $134.00/hour Chief of Parties _______________________________________________________________________$173.00/hour Project Manager _____________________________________________________________________ $150.00/hour Account Manager ____________________________________________________________________ $180.00/hour Director ____________________________________________________________________________ $227.00/hour Professional
Intern _______________________________________________________________________________ $87.00/hour Junior Engineer / Planner / Scientist / Surveyor ___________________________________________ $146.00/hour Assistant Engineer / Planner / Scientist / Surveyor_________________________________________ $167.00/hour Associate Engineer / Planner / Scientist / Surveyor ________________________________________ $178.00/hour Senior Engineer / Planner / Scientist / Surveyor ___________________________________________ $206.00/hour Senior Bridge Engineer________________________________________________________________ $211.00/hour Project Manager _____________________________________________________________________ $253.00/hour Senior Project Manager _______________________________________________________________ $281.00/hour Principal Engineer ____________________________________________________________________ $309.00/hour Principal____________________________________________________________________________ $324.00/hour Rate Setting
Rate Specialist ______________________________________________________________________ $205.00/hour Rate Manager _______________________________________________________________________ $300.00/hour Dry Utility Work
Managing Principal ___________________________________________________________________ $238.00/hour Technical Specialist/Expert ____________________________________________________________ $232.00/hour Senior Project Manager _______________________________________________________________ $216.00/hour Senior Engineer II ____________________________________________________________________ $203.00/hour Project Manager III ___________________________________________________________________ $193.00/hour Senior Designer______________________________________________________________________ $193.00/hour Senior Engineer I_____________________________________________________________________ $190.00/hour Designer II __________________________________________________________________________ $180.00/hour Construction Manager ________________________________________________________________ $178.00/hour Project Manager II____________________________________________________________________ $173.00/hour Designer I___________________________________________________________________________ $166.00/hour Project Manager I ____________________________________________________________________ $163.00/hour Project Engineer II____________________________________________________________________ $158.00/hour Project Engineer I ____________________________________________________________________ $151.00/hour Project Coordinator II _________________________________________________________________ $144.00/hour Project Coordinator I __________________________________________________________________ $129.00/hour CADD Technician III/Senior CADD Technician _____________________________________________ $141.00/hour CADD Technician II ___________________________________________________________________ $125.00/hour CADD Technician I____________________________________________________________________ $110.00/hour Administrative Aid/Clerical______________________________________________________________ $91.00/hour City of Del Mar | As-Needed Civil, Traffic, & Dry Utility Engineering, and Seawall & Devt. Review Services NV5 | 79 ATTACHMENT B 29 November 17, 2025 Item 5
7. COST & FEE STRUCTURE
NV5.COM | Beyond Engineering Effective: 01/01/2025
Construction Management
Principal____________________________________________________________________________ $315.00/hour Assistant Field Engineer (Non Prevailing Wage) ____________________________________________ $163.00/hour Associate Field Engineer (Non Prevailing Wage)____________________________________________ $173.00/hour Senior Field Engineer (Non Prevailing Wage) ______________________________________________ $200.00/hour Resident Engineer (Licensed) __________________________________________________________ $246.00/hour Construction Manager (Non-Licensed) ___________________________________________________ $220.00/hour Inspector (Prevailing Wage)* __________________________________________________ $184.00 - $220.00/hour Electrical/Signal Inspector (Prevailing Wage)*____________________________________ $184.00 - $220.00/hour Construction Administrator____________________________________________________ $120.00 - $152.00/hour * Field rates are based on “Prevailing Wage” as determination by the Department of Industrial Relations (DIR). Rates are effective through December 31, 2025. If contract assignment extends beyond that date, a new rate schedule will be added to the contract.
EXPENSES:
Plotting and In-House Reproduction ________________________________________________________1.10 x Cost Subsistence____________________________________________________________________________1.10 x Cost Other Expenses - Including Subconsultants & Purchased Services through Subcontracts_____________1.10 x Cost GIS Web Hosting ________________________________________________________________________1.10 x Cost Mileage - Outside Local Area ____________________________________________________ Per Accepted IRS Rate City of Del Mar | As-Needed Civil, Traffic, & Dry Utility Engineering, and Seawall & Devt. Review Services NV5 | 80 ATTACHMENT B 30 November 17, 2025 Item 5
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND DUDEK FOR AS-NEEDED CIVIL ENGINEERING
SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 11th day of November, 2025 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and Dudek (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to provide as-needed civil engineering services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.
1.2. Designated Point of Contact. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services. Prior to the start of services, each Party shall identify for the other a designated point of contact for administration and oversight of the services to be provided under this Agreement, with notification of any change to the point of contact within thirty (30) days.
1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years from the date first written above, unless sooner terminated by City as provided for in Section 2.3 and 2.4 of this Agreement. The Agreement may be extended for an additional two-year period upon agreement by both Parties. Such extension, if any, will be evidenced by a written amendment to this Agreement.
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Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
2.2 Delay. Any delay occasioned by causes beyond the control of Consultant may merit an extension of time for the completion of the Scope of Services. When such delay occurs, Consultant shall immediately notify the Project Coordinator in writing of the cause and the extent of the delay, whereupon the Project Coordinator shall ascertain the facts and the extent of the delay and grant an extension of time for the completion of the Consulting Services when justified by the circumstances provided that no extension of time shall be granted which would extend the time for performance beyond the date specified in section 2.1 above.
2.3 City’s Right to Terminate for Default. Should Consultant be in default of any covenant or condition hereof, City may immediately terminate this Agreement for cause if Consultant fails to cure the default within ten (10) calendar days of receiving written notice of the default.
2.4 City’s Right to Terminate without Cause. Without limiting its rights in the event of Consultant’s default, City may terminate this Agreement, without cause, by giving written notice to Consultant. Such termination shall be effective upon receipt of the written notice.
Consultant shall be compensated for all effort and material expended on behalf of City under the terms of this Agreement, up to the effective date of termination. All personal property remaining in City facilities or on City property thirty (30) days after the expiration or termination of this Agreement shall be, at City’s election, considered the property of City.
3. PERFORMANCE AFTER TERMINATION. Upon termination of this Agreement as provided herein, Consultant shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by Consultant to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by Consultant shall be delivered to the City Manager, upon his request, as property of City.
4. COMPENSATION.
4.1 Total Amount. Compensation to Consultant shall be provided on a task order basis at the rates described in the Fee Schedule contained in Exhibit “B.” Consultant shall bill the City for work provided and shall present a written request for such payment monthly. City shall pay all invoices in arrears and shall in no event be required to pay for any services provided by Consultant in advance. Consultant acknowledges that it is not guaranteed any particular amount of work.
4.2 Additional Services. City may, as the need arises or in the event of an emergency, request additional services of Consultant. Should such additional services be required, Compensation therefore shall be paid to the Consultant in accordance with the Fee Schedule contained in Exhibit “B.” City and Consultant shall agree to the costs prior to commencement of such work.
5. INDEPENDENT CONTRACTOR. Consultant is, for all purposes arising out of this Agreement, an independent contractor. The Consultant has and shall retain the right to exercise full control and supervision of all persons assisting the Consultant in the performance of said services hereunder, the City only being concerned with the finished results of the work being performed. Neither Consultant nor Consultant’s employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, any ATTACHMENT C 32 November 17, 2025 Item 5
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retirement benefits, workers’ compensation benefits, any injury leave or other leave benefits, Consultant being solely responsible for all such matters, as well as, compliance with social security and income tax withholding and all other regulations and laws governing such matters.
6. STATEMENT OF EXPERIENCE. Consultant agrees that it has the financial resources, service experience, completion ability, personnel, and experience in dealing with public agencies necessary for performing the Scope of Services and that such performance shall be in accordance with the standards customarily adhered to by an experienced and competent Consultant using the degree of care and skill ordinarily exercised by reputable Consultants practicing in the same field of service in the State of California. By executing this Agreement, Consultant represents that it has demonstrated trustworthiness and possesses the quality, fitness, and capacity to perform the Agreement in a manner satisfactory to City. Additionally, Consultant and all of Consultant’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
7. AUDIT OF RECORDS.
7.1 At any time during normal business hours and as often as may be deemed necessary, the Consultant shall make available to a representative of City for examination all of its records with respect to all matters covered by this Agreement and shall permit City to audit, examine, and/or reproduce such records. Consultant shall retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement.
7.2 The Consultant shall include the City’s right to audit under this section in any and all of their subcontracts, and shall ensure that these sections are binding upon all subcontractors.
8. CONFIDENTIALITY. All Consulting services performed by Consultant, including, but not limited to, all drafts, data, correspondence, proposals, reports, research and estimates compiled or composed by Consultant, pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to Consultant, at the time that it was disclosed to Consultant by the City, (b) subsequently becomes publicly known through no act or omission of Consultant or (c) otherwise becomes known to Consultant other than through disclosure by the City. Except for any subcontractors that may be allowed upon prior agreement, neither the documents nor their contents shall be released to any third party without the prior written consent of the City. The sole purpose of this section is to prevent disclosure of City’s confidential and proprietary information by Consultant or subcontractors.
9. CONFLICTS OF INTEREST.
9.1 Consultant shall at all times comply with all federal, state and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices, including, but not limited to, California Government Code §§ 81000 et seq. (Political Reform Act) and §§ 1090 et seq. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code § 87103. Consultant represents that it has no knowledge of any financial interests, which would require it to disqualify itself from any matter on which it might perform services for the City.
9.2 Consultant shall comply with all of the reporting requirements of the Political Reform Act. The Consultant shall file a Fair Political Practices Commission Form 700 ATTACHMENT C 33 November 17, 2025 Item 5
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(Assuming Office Statement) within thirty (30) calendar days of the City’s determination that the Consultant is subject to a conflict of interest code, if applicable. The Consultant shall also file a Form 700 (Annual Statement) on or before April 1, disclosing any financial interests held during the previous calendar year for which the Consultant was subject to a conflict of interest code.
9.3 If, in performing the Consulting Services set forth in this Agreement, the Consultant makes, or participates in, a “governmental decision” as described in Title 2, section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for the City that would otherwise be performed by a City employee holding a position specified in the department's conflict of interest code, the Consultant shall be subject to a conflict of interest code requiring the completion of one or more statements of economic interests disclosing the Consultant’s relevant financial interests.
10. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Consultant shall be permitted to reference and use said materials for use in future studies, work, and marketing so long as said materials are considered “public documents” and are not subject to attorney-client privilege, or the subject of pending closed or executive session discussions.
11. INSURANCE
11.1 Consultant shall procure and maintain for the duration of the 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, their agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A.M. Best’s rating of no less than “A” and “VII” and are admitted to do business in the State of California, unless otherwise approved in writing by the City’s Risk Manager.
11.2 Consultant’s liabilities, including but not limited to Consultant’s indemnity obligations, under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. All policies of insurance required hereunder must provide that the City is entitled to thirty (30) days prior written notice (ten (10) days for cancellation due to non-payment of premium) of cancellation or non-renewal of the policy or policies. Maintenance of specified insurance coverage is a material element of this Agreement.
11.3 Types and Amounts Required. Consultant shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
11.3.1 Commercial General Liability (CGL). Insurance written on an ISO Occurrence form CG 00 01 07 98 or equivalent providing coverage at least as broad which shall cover liability arising from any and all personal injury or property damage in the amount of $1,000,000 per occurrence and subject to an annual aggregate of $2,000,000. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
11.3.2 Commercial Automobile Liability. For all of the Consultant's automobiles including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of $300,000 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
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11.3.3 Workers' Compensation. For all of the Consultant's employees who are subject to this Agreement and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000 employers' liability coverage.
The Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives.
11.3.4 Consulting Liability. Consulting liability (errors and omissions) coverage with a limit of $1,000,000 per claim and $2,000,000 annual aggregate. The Consultant shall ensure both that (1) the policy retroactive date is on or before the date of commencement of the Scope of Services; and (2) the policy will be maintained in force for a period of three years after substantial completion of the Scope of Services or termination of this Agreement whichever occurs last. The Consultant agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the City's exposure to loss. All defense costs shall be outside the limits of the policy.
11.4 Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions are the responsibility of the Consultant and must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or (2) the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
11.5 Additional Required Provisions. The commercial general liability and automobile liability policies shall contain, or be endorsed to contain, the following provisions:
11.5.1 The City, its officers, officials, employees, and representatives shall be named as additional insureds. The City's Additional Insured status must be reflected on additional insured endorsement form which shall be submitted to the City.
11.5.2 The policies are primary and non-contributory to any insurance that may be carried by the City, as reflected in an endorsement which shall be submitted to the City.
11.6 Verification of Coverage. Consultant shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this Section 11. The endorsement should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
12. DEFENSE AND INDEMNIFICATION.
12.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of City, Consultant shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by City) and indemnify the City, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of Consultant in the performance of the professional services under this Agreement and those of Consultant's sub-consultants or anyone for whom Consultant is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. Notwithstanding the foregoing, Consultant’s ATTACHMENT C 35 November 17, 2025 Item 5
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defense obligations shall not exceed its proportionate percentage of fault, except as set forth in section 2782.8 of the Civil Code, as amended by Senate Bill 496.
12.2 Indemnity for Other than Professional Liability. Consistent with Cal.Civ.Code Section 2782.8 with respect to operations other than the performance of the professional services under this Agreement, Consultant agrees to indemnify, defend (with attorneys approved by City), and hold harmless the City, and its officers, officials, agents and employees (the “Indemnified Parties”) from any and all claims, demands, costs or liability that arise out of, or pertain to, or relate to the Consultant, its employees, agents, and subcontractors performance of services under this Agreement that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. And in no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault as determined by a court of competent jurisdiction. Consultant’s duty to indemnify under this section shall not include liability for damages for death or bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence, active negligence, or willful misconduct by the City or its elected officials, officers, agents, and employees. Consultant's indemnification obligations shall not be limited by the insurance provisions of this Agreement. The Parties expressly agree that any payment, attorney's fees, costs or expense City incurs or makes to or on behalf of an injured employee under the City's selfadministered workers' compensation is included as a loss, expense, or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement.
12.3 This indemnity is in addition to any other rights or remedies which City may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, City may, at its sole discretion, reserve, retain or apply any monies due to Consultant under this Agreement that are proportional to Consultants percentage of fault from their negligence, recklessness, or willful misconduct and for the purpose of resolving such claims; provided however, that City may release such funds if Consultant provides City with reasonable assurances of protection of the City's interest. The City shall, in its sole discretion determine whether such assurances are reasonable.
12.4 Consultant agrees that its duty to defend arises upon an allegation of liability based upon the performance of services under this Agreement by Consultant, its officers, agents, representatives, employees, sub-consultants, or anyone for whom Consultant is liable and that an adjudication of Consultant’s liability is not a condition precedent to Consultant's duty to defend.
13. SUBCONTRACTORS.
13.1 The Consultant’s hiring or retaining of third parties (i.e. subcontractors) to perform services related to the Project is subject to prior approval by the City.
13.2 All contracts entered into between the Consultant and its subcontractor shall also provide that each subcontractor shall obtain insurance policies, which shall be kept in full force and effect during any and all work on this Project and for the duration of this Agreement.
The Consultant shall require the subcontractor to obtain all policies described in section 11 of this Agreement in the amounts required by the City, which shall not be greater than the amounts required of the Consultant.
13.3 In any dispute between the Consultant and its subconsultants, the City shall not be made a party to any judicial or administrative proceeding to resolve the dispute. The Consultant agrees to defend and indemnify the City as described in section 12 of this Agreement should the City be made a party to any judicial or administrative proceeding to resolve any such dispute or should the City incur any costs in responding to third-party discovery requests.
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14. NON-DISCRIMINATION. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, military or veteran status, gender, gender identity, gender expression, sexual orientation, or any other class protected under state, federal, or local law. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to any class or category protected under state, federal, or local law and shall make reasonable accommodation to qualified individuals with disabilities. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places available to employees and applicants for employment any notices provided by City setting forth the provisions of this non-discrimination clause.
15. NOTICES. All communications to either party by the other party shall be delivered to the persons listed below. Any such written communications by mail shall be conclusively deemed to have been received by the addressee five (5) calendar days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted below.
If to City: If to Consultant:
City of Del Mar Dudek
City Clerk Kate Palmer, PE
1050 Camino del Mar 687 S. Coast Highway 101, Suite 110 Del Mar, CA 92014 Encinitas, CA 92024
[email protected] [email protected]
16 ASSIGNABILITY. This Agreement and any portion thereof shall not be assigned or transferred, nor shall any of the Consultant’s duties be delegated or sub-contracted, without the express written consent of the City.
17. RESPONSIBILITY FOR EQUIPMENT. City shall not be responsible nor held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Consultant or any of Consultant’s employees or subcontractors, even if such equipment has been furnished, rented, or loaned to Consultant by City. The acceptance or use of any such equipment by Consultant, Consultant’s employees, or subcontractors shall be construed to mean that Consultant accepts full responsibility for and agrees to exonerate, indemnify and hold harmless City from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment.
18. CALIFORNIA LAW; VENUE/MISC. This Agreement shall be construed and interpreted according to the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the county of San Diego, California.
Consultant hereby waives any and all rights it might have pursuant to California Code of Civil Procedure section 394.
19. COMPLIANCE WITH LAWS. The Consultant shall comply with all laws, ordinances, regulations, and policies of the federal, state, and local governments applicable to this Agreement, including California Labor Code section 1720, et seq., relating to payment of prevailing wages for public works projects, if applicable. Consultant shall indemnify and defend the Indemnified Parties from and against any liability incurred due to any failure on the part of Consultant to comply with any applicable Laws.
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To the extent Consultant is required to comply with prevailing wage requirements, Consultant does hereby acknowledge that they are aware of, have read, and understand the terms and implications of SB 854 and Consultant and any subconsultants ensure that they are familiar with and comply with its requirements. Such requirements include, but are not limited to, the registration requirement with the Department of Industrial Relations, State of California (DIR), pursuant to Labor Code section 1725.5. As of March 1, 2015, in compliance with SB 854, the City requires all affected contractors and consultants to be registered with the DIR prior to submitting a bid or proposal on any eligible District project. As of April 1, 2015, failure to comply with the requirements of SB 854 by any contractor or consultant, including registration with the DIR pursuant to Labor Code section 1725.5, shall be a material breach of this Agreement which may be terminated by the City in its sole and absolute discretion. Where applicable, this project is subject to compliance monitoring and enforcement by the DIR.
20. CONSULTANT’S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT OF 1986. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Agreement.
21. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties with respect to the subject matters herein. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein.
22. AMENDMENTS. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
No change, alteration, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless agreed to in writing by both Parties.
23. NO WAIVER. No failure of either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement shall constitute a waiver of any such breach of such covenant, term or condition.
24. SEVERABILITY. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision unenforceable, invalid, or illegal.
25. DRAFTING AMBIGUITIES. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.
26. LEGAL FEES. In the event of the bringing of any action or suit by either party hereto against the other party hereunder to enforce or interpret any of the provisions, covenants or conditions of this Agreement, or arising out of any tortious conduct by either party incident to this Agreement, the prevailing party in such action or suit shall be entitled to recover all costs and expenses of suit, including reasonable attorneys' fees. In any action or suit brought to enforce this Agreement, the damages available shall be limited to specific performance or other such equitable relief that the court may order.
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27. CONFLICTS BETWEEN TERMS. If an apparent conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.
28. EXHIBITS INCORPORATED. All Exhibits referenced in this Agreement are incorporated into the Agreement by this reference.
29. SIGNING AUTHORITY. The representative for each Party signing on behalf of a corporation, partnership, joint venture, or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist.
30. WAIVER OF CONSEQUENTIAL DAMAGES. To the fullest extent permitted by law, the Parties expressly agree that neither Party shall be liable to the other for any special, incidental, indirect, exemplary, or consequential loss, damage, expense, or cost (including, without limitation, any loss of use, revenue, income, profit, financing, productivity, business, and/or reputation) arising out of or relating in any way to the Services, Agreement, or Project.
31. FORCE MAJEURE. Consultant shall not be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is caused by (i) any act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, act of government, (ii) any action or inaction of City or a third-party engaged by City, and/or (iii) any other event, occurrence or circumstance beyond the reasonable control of Consultant. In such cases, the consultant shall be entitled to a reasonable extension of time for performance and may be excused from performance obligations during the force majeure event.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first hereinabove written.
[SIGNATURES ON THE FOLLOWING PAGE]
ATTACHMENT C 39 November 17, 2025 Item 5
As-Needed Civil Engineering Services
CITY OF DEL MAR,
a municipal corporation
By: ___________________________
Ashley Jones, City Manager
DUDEK
By: _________________________________
Michael Metts, PE, Principal Engineer
and Engineering Services Manager
ATTEST:
________________________________
Sarah Krietor, Administrative Services
Manager/City Clerk
APPROVED AS TO FORM:
_______________________________
Leslie E. Devaney, City Attorney
ATTACHMENT C 40 November 17, 2025 Item 5
As-Needed Civil Engineering Services
EXHIBIT A – SCOPE OF SERVICES
The Civil Engineering Service may include, but is not limited to:
o Roadways and pedestrian facility repair and design.
o Stormwater/drainage facility design.
o Wastewater facility (collect systems, pump station, and forcemain) design. o Potable and recycled water facility design.
o Project identification and/or CIP program development. o Water and wastewater modeling and analysis.
o Update asset inventories and information in the City’s Geographical Information System (GIS); prepare GIS graphics.
o Landscape Architecture services.
o Prepare technical reports, including exhibits and drawings. o Cost Estimating and Value Engineering.
o Quality control review of bid packages or documents prepared by other consultants. o Condition Assessments (data collection and recommendations). o Grant application packages.
ATTACHMENT C 41 November 17, 2025 Item 5
DUDEK 2025 Standard Schedule of Charges
Engineering Services
Project Director.............................................................................$350.00/hr Principal Engineer lll.....................................................................$325.00/hr Principal Engineer II .....................................................................$305.00/hr Principal Engineer I ......................................................................$295.00/hr Program Manager.........................................................................$280.00/hr Senior Project Manager................................................................$280.00/hr Project Manager...........................................................................$270.00/hr Senior Engineer III.........................................................................$265.00/hr Senior Engineer II..........................................................................$255.00/hr Senior Engineer I...........................................................................$245.00/hr Project Engineer IV/Technician IV ..............................................$235.00/hr Project Engineer llI/Technician III...............................................$225.00/hr Project Engineer lI/Technician II.................................................$215.00/hr Project Engineer I/Technician I...................................................$195.00/hr 3D Production Manager...............................................................$225.00/hr Senior Designer II..........................................................................$215.00/hr Senior Designer I...........................................................................$205.00/hr Designer........................................................................................$195.00/hr Assistant Designer........................................................................$190.00/hr CADD Operator III..........................................................................$185.00/hr CADD Operator II...........................................................................$200.00/hr CADD Operator I............................................................................$160.00/hr CADD Drafter.................................................................................$180.00/hr CADD Technician ..........................................................................$130.00/hr Project Coordinator ......................................................................$165.00/hr Engineering Assistant...................................................................$130.00/hr Environmental Services
Senior Project Director.................................................................$355.00/hr Project Director.............................................................................$305.00/hr Senior Specialist V........................................................................$280.00/hr Senior Specialist IV.......................................................................$270.00/hr Senior Specialist III.......................................................................$255.00/hr Senior Specialist II........................................................................$240.00/hr Senior Specialist I.........................................................................$225.00/hr Specialist V....................................................................................$215.00/hr Specialist IV...................................................................................$200.00/hr Specialist III...................................................................................$190.00/hr Specialist II....................................................................................$180.00/hr Specialist I.....................................................................................$170.00/hr Analyst V........................................................................................$160.00/hr Analyst IV.......................................................................................$150.00/hr Analyst III .......................................................................................$140.00/hr Analyst II ........................................................................................$130.00/hr Analyst I .........................................................................................$110.00/hr Technician IV.................................................................................$105.00/hr Technician III...................................................................................$95.00/hr Technician II....................................................................................$85.00/hr Technician I.....................................................................................$75.00/hr Project Coordinator II....................................................................$175.00/hr Project Coordinator I.....................................................................$140.00/hr Mapping and Surveying Services
UAS Pilot........................................................................................$170.00/hr Survey Lead...................................................................................$305.00/hr Survey Manager............................................................................$265.00/hr Survey Crew Chief.........................................................................$200.00/hr Survey Rod Person .......................................................................$150.00/hr Survey Mapping Technician.........................................................$140.00/hr Construction Management Services
Principal Manager ........................................................................$220.00/hr Senior Construction Manager......................................................$200.00/hr Senior Project Manager ...............................................................$195.00/hr Construction Manager .................................................................$190.00/hr Project Manager/Construction Management............................$180.00/hr Resident Engineer........................................................................$180.00/hr Construction Engineer..................................................................$180.00/hr On-site Owner’s Representative..................................................$165.00/hr Prevailing Wage Inspector...........................................................$165.00/hr Construction Inspector.................................................................$155.00/hr Administrator/Labor Compliance................................................$130.00/hr Hydrogeology/HazWaste Services
Project Director.............................................................................$350.00/hr Principal Hydrogeologist/Engineer III .........................................$325.00/hr Principal Hydrogeologist/Engineer II ..........................................$315.00/hr Principal Hydrogeologist/Engineer I ...........................................$305.00/hr Senior Hydrogeologist V/Engineer V...........................................$280.00/hr Senior Hydrogeologist IV/Engineer IV.........................................$270.00/hr Senior Hydrogeologist III/Engineer III.........................................$260.00/hr Senior Hydrogeologist II/Engineer II...........................................$250.00/hr Senior Hydrogeologist I/Engineer I.............................................$240.00/hr Project Hydrogeologist V/Engineer V..........................................$230.00/hr Project Hydrogeologist IV/Engineer IV........................................$220.00/hr Project Hydrogeologist III/Engineer III ........................................$210.00/hr Project Hydrogeologist II/Engineer II ..........................................$200.00/hr Project Hydrogeologist I/Engineer I ............................................$190.00/hr Hydrogeologist/Engineering Assistant .......................................$155.00/hr HazMat Field Technician .............................................................$140.00/hr District Management & Operations
District General Manager ............................................................$230.00/hr District Engineer...........................................................................$220.00/hr Operations Manager....................................................................$170.00/hr District Secretary/Accountant.....................................................$155.00/hr Collections System Manager.......................................................$155.00/hr Grade V Operator..........................................................................$145.00/hr Grade IV Operator.........................................................................$130.00/hr Grade III Operator.........................................................................$120.00/hr Grade II Operator………………………………………………………………..$100.00/hr
Grade I Operator..............................................................................$95.00/hr Operator in Training ........................................................................$85.00/hr Collection Maintenance Worker.....................................................$90.00/hr Project Delivery Services
Technology Specialist II ...............................................................$250.00/hr Technology Specialist I ................................................................$200.00/hr GIS Analyst V.................................................................................$225.00/hr GIS Analyst IV................................................................................$205.00/hr GIS Analyst III................................................................................$170.00/hr GIS Analyst II.................................................................................$150.00/hr GIS Analyst I..................................................................................$135.00/hr Creative Services IV......................................................................$190.00/hr Creative Services III......................................................................$165.00/hr Creative Services II.......................................................................$150.00/hr Creative Services I........................................................................$135.00/hr Technical Editor lV........................................................................$190.00/hr Technical Editor lll ........................................................................$165.00/hr Technical Editor ll .........................................................................$150.00/hr Technical Editor l..........................................................................$135.00/hr Publications Specialist lV.............................................................$140.00/hr Publications Specialist lll .............................................................$130.00/hr Publications Specialist ll..............................................................$120.00/hr Publications Specialist l...............................................................$110.00/hr Clerical Administration.................................................................$105.00/hr Expert Witness – Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates.
Emergency and Holidays – Minimum charge of two hours will be billed at 1.75 times the normal rate.
Material and Outside Services – Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost.
Travel Expenses – Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost
Fees – All fees will be billed to Client monthly and shall be due and payable upon receipt.
Annual Increases – Each year, on the anniversary date of the contract, the rates set forth in this schedule will increase by the increase in Consumer Price Index (CPI) or 3%, whichever is lower.
Prevailing Wage – The rates listed above assume prevailing wage rates do not apply. If this assumption is incorrect Dudek reserves the right to adjust its rates accordingly.
ATTACHMENT C 42 November 17, 2025 Item 5
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF DEL MAR AND ZONE TRAFFIC ENGINEERING CONSULTING, LLP.
FOR AS-NEEDED TRAFFIC ENGINEERING SERVICES
This Professional Services Agreement (“Agreement”) is made and entered into this 17th day of November, 2025 by and between the City of Del Mar, a Charter City and a municipal corporation (“City”), and ZONE Traffic Engineering Consulting, LLP. (“Consultant”) (collectively “Parties”).
WHEREAS, the City desires to employ a consultant to provide as-needed traffic engineering services (“Consulting Services”). Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A” and incorporated herein; and
WHEREAS, the City has initially determined that Consultant is qualified by experience and ability to perform the services desired by City, and Consultant is willing to perform such services; and
WHEREAS, Consultant will conduct all the work as described and detailed in this Agreement to be provided to the City.
NOW, THEREFORE, the Parties hereto mutually covenant and agree with each other as follows:
1. CONSULTING SERVICES.
1.1 Scope of Services. The Consultant shall perform the Consulting Services as set forth in the written Scope of Services, attached hereto as Exhibit “A” and incorporated herein. Such services shall be provided at the direction of the City.
1.2. Designated Point of Contact. City shall provide Consultant access to appropriate staff and resources for the coordination and provision of services. Prior to the start of services, each Party shall identify for the other a designated point of contact for administration and oversight of the services to be provided under this Agreement, with notification of any change to the point of contact within thirty (30) days.
1.3. City Modification of Scope of Services. City may order changes to the Scope of Services within the general scope of this Agreement consisting of additions, deletions, or other revisions. If such changes cause a change in the Consultant’s cost of, or time required for, completion of the Scope of Services, an equitable adjustment to Consultant’s compensation and/or contract time shall be made, subject to the City’s approval. All such changes shall be authorized in writing, executed by Consultant and City. If such a change results in an extension of the term of this Agreement or increases the maximum amount to be paid under this Agreement, no such change shall have any force or effect unless an amendment to this Agreement is approved by the City Council.
2. DURATION OF AGREEMENT.
2.1 Term, Time for Performance. This Agreement shall be effective for a period of three (3) years from the date first written above, unless sooner terminated by City as provided for in Section 2.3 and 2.4 of this Agreement. The Agreement may be extended for an additional two-year period upon agreement by both Parties. Such extension, if any, will be evidenced by a written amendment to this Agreement.
ATTACHMENT D 43 November 17, 2025 Item 5
As-Needed Traffic Engineering Services