1 of 14
PROFESSIONAL SERVICES AGREEMENT
between
The City of San Marino
2200 Huntington Drive
San Marino, CA 91108
&
NV5
163 TECHNOLOGY DRIVE, SUITE 100
IRVINE, CA 92618
This Professional Service Agreement (“the Agreement”) is made as of May 8, 2024 (the “Effective Date”), by and between NV5 (“Consultant”), and the City of San Marino (“City”), a California municipal corporation, (collectively, “the Parties”). 2 of 14
RECITALS
A. City desires certain professional services as specified in this Agreement.
B. Consultant represents that it is qualified and able to provide City with such services.
NOW THEREFORE, in consideration of the Parties’ performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows:
AGREEMENT
1.0 Scope of Services
1.1. Consultant shall provide those services (“Services”) set forth in the attached Exhibit A.
1.2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1.3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local laws, ordinances, codes, and regulations.
1.4. Consultant shall not be compensated for any work performed unless it is specified in Exhibit A or City authorizes such work in advance and in writing. Any work so authorized by City shall become part of the Services for purposes of this Agreement.
2.0 Term
The term of this Agreement shall commence as of the Effective Date and shall continue through December 31, 2025 unless sooner terminated as provided in Section
5.0 of this Agreement.
3.0 Consultant’s Compensation
City will pay Consultant in accordance with the fee schedule set forth in Exhibit B but in no event will the City pay more than $64,930. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedule set forth in Exhibit B, unless otherwise approved by City in writing. Pursuant to Section
02.06.05 of the San Marino City Code, this Agreement shall not be effective unless previously approved by the City Council if it is for professional services greater than thirty thousand dollars ($30,000.00).
4.0 Method of Payment
4.1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end 3 of 14
of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant all undisputed charges within 30 days of receiving Consultant’s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other required or authorized deductions from payments made to Consultant.
4.2. Upon 24-hour notice from City, Consultant shall allow City or City’s agents or representatives to inspect at Consultant’s offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City’s rights under this Section 4.2 shall survive for two years following the expiration or earlier termination of this Agreement.
5.0 Termination
5.1. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five (5) calendar days before the termination is to be effective.
5.2. Consultant may terminate this Agreement for cause in the event City fails to cure a default under this Agreement within thirty (30) days after Consultant has given City notice of such default.
5.3. Upon termination of this Agreement, Consultant shall cease all work under this Agreement and deliver to City all materials, reports, documents, notes or other written materials compiled through the last working day this Agreement is in effect. City shall pay Consultant for all services satisfactorily rendered through the last working day this Agreement is in effect; provided that in no event, including but not limited to termination, shall Consultant be entitled to receive more than the maximum compensation set forth in Section 3. Neither party shall have any other claim against the other party by reason of termination pursuant to this Section 5.0.
6.0 Reports, Information and Work Product
6.1. Consultant shall deliver to City: (1) any reports on the status of the Services upon City’s request and in such time and in such form as City may require; and (2) all material furnished to Consultant by City upon City’s request and/or upon the expiration or termination of this Agreement.
6.2. Unless the Parties agree in writing, all draft and final reports, documents, and other written material, and any and all images, ideas, concepts, designs including without limitation any website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, “Work Product”) shall be considered to be “works made for hire” for the benefit of City. All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made. 4 of 14
Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.
6.3. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals necessary to the production of the Work Product, and that upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose.
Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product produced under this Agreement. If any use by city of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (a) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (b) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
6.4. Consultant’s obligations under this Section 6.0 shall survive the expiration or termination of this Agreement.
7.0 Party Representatives
7.1. City’s representative for purposes of this Agreement is the City Manager or the person designated in writing by the City Manager. The City Manager’s designee may exercise the authority of the City Manager provided in this Agreement excepting approval of any expenditure that would exceed a total compensation allowed under the Agreement.
7.2. David Niknafs is Consultant’s representative for purposes of this Agreement.
8.0 Notices
8.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of San Marino
2200 Huntington Drive
5 of 14
San Marino, California 91108
Attn: City Manager
To Consultant: NV5
163 TECHNOLOGY DRIVE, SUITE 100
IRVINE, CA 92618
Attn: David Niknafs
8.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
9.0 Independent Consultant
9.1. Consultant is an independent contractor and not an employee of City. All services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to:
social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
9.2. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s personnel practices.
City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
All duties of Consultant under this Section 9.2 shall survive termination of this Agreement.
9.3. In the event that Consultant provides any of the Services by or through any employee or any person whose work under this Agreement becomes cause for any payment or contribution required by law, including but not limited to the California Public Employees' Pension Reform Act (PEPRA), to the Public Employee Retirement System, Consultant shall be solely responsible for all such payments or contributions. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from Consultant’s failure to make any such payment or contribution. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. All duties of Consultant under this Section 9.3 shall survive 6 of 14
termination of this Agreement.
10.0 Subcontractors
Unless otherwise specified in Exhibit A, no portion of this Agreement shall be subcontracted without the prior written approval of the City Manager. Consultant is fully responsible to City for the performance of any and all subcontractors, if any.
11.0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City Manager. Any purported assignment without such consent shall be void and without effect.
12.0 Insurance
12.1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements, including but not limited to additional insured endorsements, effecting coverage required by this Agreement on forms satisfactory to City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City, if requested.
All certificates and endorsements shall be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
12.2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers licensed to do business in California with a current A.M. Best’s rating no less than A:VIII unless otherwise approved in writing by City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability Coverage form (CG 0001); (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance; (3) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, (4) Professional Liability: Insurance Services Office Professional Liability Coverage form RHIC 6101. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Workers’ Compensation: Consultant shall maintain Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance with limits of at least $1,000,000) per occurrence; (3) Automobile Liability: $ 1,000,000 per 7 of 14
accident for bodily injury and property damage; and (4) Professional Liability: $1,000,000 per claim/aggregate.
12.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled by Consultant except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its directors, officials, or officers; (3) coverage shall be primary insurance as respects City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Consultant’s scheduled underlying coverage and that any insurance or self-insurance maintained by City, its directors, officials, officers, employees, agents and volunteers shall be excess of Consultant’s insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of Consultant, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Consultant or for which Consultant is responsible.
12.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its directors, officials, officers, employees, agents, and volunteers.
12.5. Any deductibles or self-insured retentions shall be declared to and approved by the City Manager. Consultant guarantees that, at the option of the City Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its directors, officials, officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
12.6. Consultant waives any right to subrogation that any insurer of Consultant may acquire by virtue of payment of any loss under the policies required by this Agreement. Consultant shall obtain any endorsement that may be necessary to affect this waiver of subrogation.
13.0 Indemnification, Hold Harmless, and Duty to Defend
13.1. Indemnity for Design Professional Services. To the maximum extent permitted by law, and to the extent caused by the acts or omissions of Consultant, its employees, or its agents in connection with the performance of design professional services under this Agreement, Consultant shall hold harmless and indemnify City, and its officials, officers, employees, volunteers, and agents serving as independent contractors in the role of City officials (collectively, “Indemnitees”), with respect to any and 8 of 14
all claims, demands, causes of action, costs, expenses liability, loss, damage or injury in law or equity, to property or persons, including wrongful death, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses (collectively, “Claims” hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, that arise out of, pertain to, or relate to in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, subcontractors, or agents in the performance of its design professional services under this Agreement. With respect to such Claims, Consultant shall, at its own cost, expense, and risk, defend Indemnitees in any action or actions filed in connection with any Claims with counsel of Indemnitees’ choice, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees to the extent caused by the acts or omissions of Consultant, its employees, or its agents, as determined by judicial decision or agreement of the Parties.
13.2. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Damages” hereinafter) not covered by Subsection 13.1, Consultant shall, to the maximum extent permitted by law, defend, indemnify, and hold Indemnitees free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Consultant, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Consultant shall defend Indemnitees, at Consultant’s own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, City, its directors, officials, officers, employees, agents or volunteers. All duties of Consultant under this Section shall survive termination of this Agreement
13.3. Consultant must obtain executed indemnity agreements with provisions identical to those in Sections 13.1 and 13.2 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of the Services. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless, and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged, or threatened, arising or claimed to arise out of, pertaining to, or relating to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their respective officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, 9 of 14
except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
13.4. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
14.0 Equal Opportunity
Consultant shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
15.0 Labor Certification
15.1. By its signature hereunder, Consultant certifies it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code. Consultant shall provide evidence of such coverage before commencing the performance of the Services.
15.2. Consultant certifies that in the performance of this Services, Consultant shall not, in any manner, employ any person or contract with any person so that any Services so performed by such person would be subject to the workers’ compensation laws of the State of California unless and until Consultant gives City a certificate of consent to self-insure, or a certificate of Workers' Compensation Insurance Coverage.
15.3. In the event Consultant hires a subcontractor who has employees to perform the Services or any part thereof, then Consultant shall either require the subcontractor to obtain Workers’ Compensation Insurance Coverage, or must obtain Workers’ Compensation Insurance Coverage for the subcontractor’s employees.
15.4. Any Workers’ Compensation Insurance Coverage required by or for this Agreement shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, its agents, and its subcontractors. 10 of 14
16.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
17.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
18.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
19.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
20.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
21.0 Headings
Headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
22.0 Force Majeure
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
23.0 Final Payment Acceptance Constitutes Release
Consultant’s acceptance of City’s final payment under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for the Services or anything done or furnished relating thereto. Neither City’s 11 of 14
payment to Consultant nor approval of payment constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such or payment or approval be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
24.0 Prohibited Interests; Conflict of Interest
24.1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant “financially interested” (as provided in California Government Code §§1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.
24.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
24.3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws as described in this subsection.
25.0 Attorneys’ Fees
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys’ fees and other costs incurred in connection therewith.
12 of 14
26.0 Exhibits
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
27.0 Corporate Authority
27.1. Each person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of Consultant and that by his or her execution, Consultant is formally bound to the provisions of this Agreement.
27.2. Consultant certifies it is aware of the requirements of Sections 313 of the California Corporations Code. If Consultant is a corporate entity, it shall either: (a) provide City written proof that each person executing this Agreement on Consultant’s behalf is duly authorized to bind Consultant; or (b) provide two signatories to this Agreement, of whom the first must be Consultant’s chairman of the board, president, or a vice president and the second who must be Consultant’s secretary, an assistant secretary, its chief financial officer, or an assistant treasurer..
IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the Effective Date.
CITY OF SAN MARINO
By:_________________________
Philippe Eskandar
City Manager
Attest:
By:_________________________
City Clerk
Approved as to Form:
By:_________________________
Joe Montes
City Attorney
CONSULTANT
By:_____________________________ (Sign)
Name:__________________________ (Print)
Title: __________________________ (Print)
By:_____________________________ (Sign)
Name:__________________________ (Print)
Title: __________________________ (Print)
13 of 14
Exhibit A
Scope of Services
PROJECT APPROACH, COORDINATION AND SCHEDULE
Project Approach
NV5’s approach to each project is specifically tailored to the established goals, objectives, and schedules identified by our clients. Our work plans are detailed and specific to each project’s unique requirements. However, fundamental core values and principals are integrated and employed on each project undertaken. Project development begins at the Request for Proposal (RFP) stage and culminates in the creation of final design documents. We have thoroughly reviewed the RFP to assess the technical requirements of the work and the project delivery schedule. We will deliver the work within the time constraints established by the City. We can make these commitments and assurances because of our highly experienced and diverse staff, and our corporate organization which allows us to quickly respond to requests and organize resources when needed. Each phase is important and essential to overall project success. NV5 has extensive local experience in all aspects of alley and parking lot improvement projects. NV5 has been a leader in providing design services for capital improvement projects, including alley and parking lot improvement projects in Southern California. Our team has worked on the design of hundreds of pavement improvement projects. We can provide the professional design services required for City of San Marino’s PS&E for 2023-24 & 2024-25 Alley & Parking Lot Improvement Program.
NV5 | 16
Project Understanding
We have reviewed the information provided by the City of San Marino for Design Services for the PS&E for 2023-24 & 2024-25 Alley & Parking Lot Improvement Program. In addition, we have performed a review of the project area to familiarize ourselves with the project goals and requirements. This groundwork provides a comprehensive understanding of anticipated key issues related to the requested professional services and will enable our team to execute the design services promptly and efficiently. We have a thorough understanding of the requested professional services, project requirements and demands. The project includes preparation of plans, specifications, and cost estimates (PS&E) for the alleys and parking lots shown below:
PROJECT APPROACH, COORDINATION AND SCHEDULE
PA01
PA02
AL13
AL09
AL15
AL14
AL11
AL10
FY-2023-24 Alleyway and Parking Lot Rehabilitation
City of San Marino
¯ 0 250 500 125
US Feet
Alleyway
Parking Lot
ID Beg Location End Location Width (ft)
[Paved]
Length
(ft)
Area (sf)
[Paved] Est. PCI
AL09 Winston Avenue (N/Huntington Drive) San Marino High School Parking Lot 30 200 6,000 15 AL10 Kenilworth Avenue (N/Huntington Drive) Winston Avenue (N/Huntington Drive) 20 908 18,160 7 AL11 Kenilworth Avenue (N/Huntington Drive) Ridgeway Road (N/Huntington Drive) 20 598 11,960 11 AL13 Alley10 Huntington Drive 20 130 2,600 32
AL14 Monterey Road (E/Oxford Road) San Marino Avenue (E/Oxford Road) 22 500 11,000 19 AL15 Monterey Road (N/Huntington Drive) Westhaven Road (N/Huntington Drive) 21 406 8,526 21 Totals 2,742 58,246
ID Beg Location End Location Width (ft) Length
(ft)
Area (sf)
[Paved] Est. PCI
PA01 W/Side Of Sierra Madre Frontage S/B W/Side Of Sierra Madre Frontage S/B - - 20,669 26 PA02 W/Side Of Sierra Madre Frontage N/B W/Side Of Sierra Madre Frontage N/B - - 19,190 55 Totals 106,631
Table 1-Alleyway Project List
Table 2-Parking Lot Project List
NV5 | 17
PROJECT APPROACH, COORDINATION AND SCHEDULE
Scope of Work
The following scope of work describes and illustrates in detail the methods and processes proposed by NV5 to accomplish the objectives of the project. The scope is broken down into the tasks as follows:
PROJECT MEETINGS AND COORDINATION
At the start of the project, NV5 will have a kickoff meeting with City staff and the project team to review the project objectives, schedule, scope, and approach. At this meeting, we will establish a point of contact for the project and request all available information related to the project. In addition, the NV5 Project Manager will coordinate all aspects of the project and manage the schedule and costs to assure the project’s completion to the satisfaction of the City. There will be review meetings held with the City. It is anticipated that these meetings will include a project initiation meeting and meetings following the review of plans at the 60% and 90% submittals.
OBTAIN AND REVIEW RECORD DRAWINGS/AS-BUILT PLANS
We will obtain and review all information pertinent to the project, such as the available records, as-built plans, and pavement management plan report.
UTILITY NOTIFICATION AND COORDINATION
We will notify utility companies and obtain available record maps of all utilities within the project limits. Utility coordination on the project will be ongoing and will generally consist of the following:
• Access the Underground Service Alert’s website and compile a list of member agencies that own facilities within the project limits.
• Notify each utility purveyor, in writing, of the City’s proposed plans and schedule and request copies of record drawings or atlas maps of existing and proposed facilities within the project boundary. • Obtain existing dry and wet utility plans/records within the project limits. This also includes the coordination of the adjustment of any utilities per City or other agency standards. • Prepare a Utility Notification Log to track utility company contacts and responses, including contact information and dates of all outgoing and incoming correspondence.
contractor’s construction operations. NV5 will deliver completed and approved construction plans on or ahead of approved schedules. Where applicable, the construction plans will conform to the appropriate applicable standards such
FIELD REVIEW
We will conduct a field review of the project location to assure a detailed depiction of existing conditions and work requirements on the plans and specifications. We believe that clear and concise plans and specifications are created from a total understanding of the existing conditions, properties, and environment of the project.
GEOTECHNICAL INVESTIGATION/PAVEMENT CORING
The purpose of our limited geotechnical investigation is to core through the existing pavement to measure pavement thickness and base material.
NV5’s proposed scope of work will include the following:
• Coordination with the City of San Marino to obtain encroachment permit, if necessary. • Field reconnaissance of the site to mark out of proposed coring locations. Also, coordination with Underground Service Alert (USA) 811 one call service. Any available subsurface utility information should be provided to NV5 prior to initiating field exploration to reduce the potential for damaging existing utilities at the site. • Field investigation of the existing pavement and measuring of the pavement and base thicknesses by utilizing coring equipment and hand tools. The investigation will consist of excavating eight (8) core locations within the alleys and parking lots mentioned above. After completion of coring, measuring of the pavement section and photographing of the core at each location, the core locations will be patched with cold-patch asphalt or quickset concrete. • Preparation of a letter summarizing the results of our field investigation to include the pavement section thicknesses and photographs of each core location.
NV5 | 18
PRELIMINARY IMPROVEMENT PLANS
We will utilize the as-built plans and other available maps to prepare the base plans. These base plans will then be used to prepare a preliminary design, including improvements within the project limits. These will be submitted to the City staff for review and consideration. We will prepare preliminary plans for the proposed improvements at a scale of 1”=40’.
FINAL IMPROVEMENT PLANS
Upon City review of the PS&E at the 60% and 90% completion level, we will proceed with the preparation of final PS&E.
The plans will be prepared to conform to the general requirements of the City with consideration for the needs of the contractor’s construction operations. NV5 will deliver completed construction plans on or ahead of schedules. Where applicable, the construction plans will conform to the appropriate applicable standards such as City, County, State standard plans and APWA Standard Specifications for Public Works Construction “Greenbook.” We will prepare final plans for the proposed improvements at a scale of 1”=40’.
SPECIFICATIONS
We will prepare complete project specifications, including Special Provisions per the City’s format. Copies of the Standard General Provisions and Construction Contract Agreement will be supplied by the City to incorporate into the construction documents. We will submit the Specifications at 90% completion and final Specifications with the final submittal. The specifications will include the following important items for contractor consideration during the construction phase, which may impact scheduling of construction:
• Notification & coordination with residential and commercial property owners/tenants • Notification & coordination with San Marino Unified School District • Trash collection schedules
COST ESTIMATES
We will prepare complete construction quantity and cost estimates for the projects. We will submit quantities and cost estimates at 60% and 90% completion, and final quantities and cost estimates with the final submittal.
CONSTRUCTION SUPPORT SERVICES
We will provide the following services during bidding phase and construction phase:
• Design support during bidding phase
• Respond to Request for Information (RFIs) during the project advertisement period • Respond to Contractor’s Request for Information (RFIs) during construction phase Exemptions & Exclusions
• Surveying services.
• Traffic control plans.
• The encroachment permit fee will be waived by the City. Traffic control for Geotechnical Investigation/Pavement Coring will be coordinated with the City. Traffic cones will be used during field work. Traffic control will be provided in accordance with W.A.T.C.H Manual for Traffic Control. • It is assumed that NV5 will be granted right-of-entry for purposes of the field investigation. • The core/boring locations will be patched with rapid-set concrete or asphalt cold patch. If hot-mix-asphalt (HMA) or other type of patching or USA mark-out removal is needed, additional fees will apply. • Testing of pavement subgrade materials and report.
• All permit application processing and fees required for the project. • If additional services outside of the scope of work included herein are requested, such services will be considered supplemental services and require an additional fee.
PROJECT APPROACH, COORDINATION AND SCHEDULE
NV5 | 19
NV5 | 20
PROJECT APPROACH, COORDINATION AND SCHEDULE
ID Task Name Duration Start Finish
0 Project Design Phase 3.3 mons* 3/29/24* 6/28/24*
1 Approval of Professional Services Agreement 1 day 3/29/24 3/29/24 2 Notice To Proceed/Kickoff Meeting 0 days 4/8/24 4/8/24 3 Utility Notification 4 days 4/8/24 4/11/24
4 Field Review 1 day 4/12/24 4/12/24
5 Prepare 60% Plans 5 wks 4/15/24 5/17/24
6 City to Review 60% Plans 1 wk 5/20/24 5/24/24
7 Prepare 90% Plans 2 wks 5/27/24 6/7/24
8 City to Review 90% Plans 1 wk 6/10/24 6/14/24
9 Prepare Final PS&E 2 wks 6/17/24 6/28/24
10 Submit Final PS&E 0 days 6/28/24 6/28/24
8 28
March 2024 April 2024 May 2024 June 2024 July 2024
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Progress
Deadline
PROFESSIONAL DESIGN SERVICES
2023-24 ALLEY AND PARKING LOT IMPROVEMENT PROJECT
DESIGN SCHEDULE
February 28, 2024
* Subject to Change
14 of 14
Exhibit B
Fee Schedule
COST PROPOSAL AND FEE SCHEDULE
Submitted by NV5, Inc.
163 Technology Drive, Suite 100, Irvine, CA 92618
City of San Marino
PS&E for 2023-24 Alley & Parking Lot Improvement Program February 28, 2024
(Revised March 29, 2024)
HOURS $ HOURS $ HOURS $
1 Project Meetings and Coordination 8 $1,760 2 $270 2 $200 $2,230 2 Obtain & Review Record Drawings/As-Built Plans 2 $440 2 $270 2 $200 $910 3 Utility Notification and Coordination 2 $440 4 $540 10 $1,000 $200 $2,180 4 Field Review 4 $880 4 $540 8 $800 $100 $2,320
5 Geotechnical Investigation/Pavement Coring $0 $0 $0 $16,200 6 Prepare Preliminary Plans 28 $6,160 114 $15,390 58 $5,800 $27,350 7 Prepare Final Plans 8 $1,760 24 $3,240 10 $1,000 $6,000 8 Prepare Specifications 4 $880 4 $540 10 $1,000 $2,420 9 Prepare Cost Estimate 4 $880 4 $540 12 $1,200 $2,620
10 Construction Support Services 8 $1,760 4 $540 4 $400 $2,700 Subtotal 68 $14,960 162 $21,870 116 $11,600 $300
Total Fee $64,930
$135
COST PROPOSAL AND FEE SCHEDULE
TASK
NO.
ASSISTANT
ENGINEER WORK DESCRIPTION
PROJECT
ENGINEER
City of San Marino
City of San Marino | PS&E for 2023-24 Alley & Parking Lot Improvement Program The method of compensation will be based on time and materials in accordance with the rates provided in this fee proposal. The estimated hours listed for each task and the actual hours may vary. The total compensation for the services and work rendered will not exceed the total fee. $220 $100
REIMBURS
(copies,
mileage,
delivery, etc.)
PROJECT
MANAGER FEE
If additional services outside of the scope of work included herein are requested, such services will be performed on a time and materials basis in addition to the estimated fee.