DESIGN CONSULTANT AGREEMENT NO. 11361 (CCS)
by and between
the City of Santa Monica
and
Dokken Engineering, Inc.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 2 DESIGN CONSULTANT AGREEMENT
TABLE OF CONTENTS
DESIGN CONSULTANT AGREEMENT ...................................................................................................... 3 ARTICLE 1 - GENERAL PROVISIONS .................................................................................................... 3 ARTICLE 2 - BASIC SERVICES ............................................................................................................... 8 ARTICLE 3 - ADDITIONAL SERVICES ..................................................................................................19 ARTICLE 4 - CITY RIGHTS AND RESPONSIBILITIES..........................................................................19 ARTICLE 5 - COMPENSATION..............................................................................................................20 ARTICLE 6 - PAYMENTS .......................................................................................................................22 ARTICLE 7 - THE DESIGN CONSULTANT’S BOOKS AND RECORDS................................................23 ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS......................................................................23 ARTICLE 9 - TERMINATION OF AGREEMENT.....................................................................................24 ARTICLE 10 - INDEMNIFICATION AND INSURANCE ..........................................................................25 ARTICLE 11 - DISPUTE RESOLUTION .................................................................................................26 ARTICLE 12 - NON-DISCRIMINATION..................................................................................................28 ARTICLE 13 - NOTICES.........................................................................................................................28 ARTICLE 14 - GOVERNING LAW ..........................................................................................................29 ARTICLE 15 - FEDERAL GRANTS.........................................................................................................29 APPENDIX A...........................................................................................................................................41 APPENDIX E...........................................................................................................................................42 ARTICLE 16 - WAIVER...........................................................................................................................43 ARTICLE 17 - NO THIRD PARTIES........................................................................................................43 ARTICLE 18 - EXTENT OF AGREEMENT .............................................................................................43 ARTICLE 19 - SEVERABILITY ...............................................................................................................43 ARTICLE 20 - SUCCESSORS AND ASSIGNS ......................................................................................43 ARTICLE 21 - CONFIDENTIALITY.........................................................................................................43 ARTICLE 22 - EXHIBITS.........................................................................................................................43 ARTICLE 23 – EXECUTION IN COUNTERPARTS................................................................................44 DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 3 DESIGN CONSULTANT AGREEMENT
By and Between the
CITY OF SANTA MONICA
and
Dokken Engineering, Inc.
This DESIGN CONSULTANT AGREEMENT (“Agreement”) is entered into on _________________(“Execution Date”), by and between the City of Santa Monica, a municipal corporation, located at 1685 Main Street, Santa Monica, California, and Dokken Engineering, Inc., a California corporation, located at 110 Blue Ravine Road, Suite 200, Folsom, CA 95630, for professional services on the following Project: Pier Bridge Replacement Project (“Project”).
ARTICLE 1 - GENERAL PROVISIONS
1.1 DEFINITIONS
1.1.1 ADDENDUM, ADDENDA. Written or graphic information (including, without limitation, Drawings or Special Provisions and Technical Specifications) prepared and issued by the City Engineer prior to the receipt of the Contractor’s Bid, which modify or interpret the Bid Documents by additions, deletions, clarifications or corrections.
1.1.2 ADDITIONAL SERVICES. Services listed in Article 3 (Additional Services) of this Agreement that are requested or Approved by the City in writing prior to their being performed by the Design Consultant and that do not arise, in whole or in part, from the fault, negligence or breach of this Agreement by the Design Consultant or from the occurrence of any error, omission, conflict, ambiguity or violation of Applicable Code Requirements in the Construction Documents prepared by the Design Consultant or its Consultants.
1.1.3 AGREEMENT. This Professional Services Agreement By and Between the City and the Design Consultant.
1.1.4 APPLICABLE CODE REQUIREMENTS. All applicable federal, state and municipal laws, statutes, building codes, ordinances and regulations of governmental authorities having jurisdiction over the Project, Work, Site, Design Consultant, or the City.
1.1.5 APPLICATION FOR PAYMENT. An itemized application for payment prepared and submitted by the Design Consultant for review and Approval by the City, which is prepared, submitted, and accompanied by supporting documentation in accordance with this Agreement.
1.1.6 APPROVAL, APPROVE, APPROVED, CONSENT. Whether capitalized or not capitalized, shall mean, unless otherwise stated, either an express approval contained in a written statement signed by the approving individual or entity or deemed approved in accordance with the terms, conditions and procedures set forth in this Agreement. All such approvals by or on behalf of the City may be granted or withheld in the sole discretion of the City.
1.1.7 AUTHORIZATION TO PROCEED. The City’s issuance of a writing, including but not limited to signature on the Plans, authorizing the Design Consultant to proceed with each phase of the Agreement.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 7/19/2023
4 1.1.8 BASIC SERVICES. Those services to be provided by the Design Consultant pursuant to Article 2 (Basic Services) of this Agreement.
1.1.9 BID PHASE. The Phase of the Design Consultant’s Basic Services described in Section
2.5 (Bid Phase) of this Agreement.
1.1.10 CHANGE ORDER. A written instrument signed by the City, or by the City and the Contractor, describing a deletion, addition or change to the Work of the Contractor.
1.1.11 CITY. The City of Santa Monica, a municipal corporation.
1.1.12 CITY ARCHITECT OR CITY ENGINEER. The City Architect or City Engineer of the City of Santa Monica, or designee.
1.1.13 CLAIM. A written demand or assertion by the City or the Design Consultant seeking adjustment of the compensation hereunder, extension of time, payment of money, recovery of damages, resolution of a disputed interpretation of this Agreement or the Contract Documents or other relief. A claim does not include the following, and the procedures for processing of claims do not apply to the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency.
(ii) Tort claims for personal injury or death.
(iii) False claims liability under California Government Code Section 12650, et seq. (iv) Defects in the Work first discovered by the City after Final Payment by the City to the Contractor.
(v) Stop notices.
(vi) The right of the City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents.
1.1.14 CONSTRUCTION BUDGET. Reserved
1.1.15 CONSTRUCTION CONTRACT. The written contract executed between the City and the Contractor for construction of the Project designed by the Design Consultant.
1.1.16 CONSTRUCTION COSTS. The total costs to construct those elements of the Project designed or specified by the Design Consultant. Construction Costs do not include any of the following:
(i) The cost of professional services to be rendered by the Design Consultant, Consultants or the Construction Manager.
(ii) Land acquisition costs.
(iii) Finance costs.
(iv) The City’s administrative costs.
1.1.17 CONSTRUCTION DOCUMENTS. The Drawings, Special Provisions and Technical Specifications, and blank bid form for use in construction prepared by the Design Consultant for the City’s approval. Construction Documents also include all bidding addenda, plans, tracings, programs, reports, calculations, models and other material containing designs, specifications or engineering information prepared by the Design Consultant (or its Consultants) including, without limitation, computer aided design materials, electronic and BIM data files, files and paper copies.
1.1.18 CONSTRUCTION DOCUMENTS PHASE. The Phase of the Design Consultant’s Basic Services described in Section 2.4 (Construction Documents Phase) of this Agreement.
1.1.19 CONSTRUCTION MANAGER. The individual, partnership, corporation, joint venture or other legal entity under contract with the City to perform construction management services for the Project. The term “Construction Manager” means Construction Manager or DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 5 Construction Manager’s authorized representative. In the event there is no Construction Manager assigned to the Project, the Construction Manager shall mean the City.
1.1.20 CONSTRUCTION PHASE. The Phase of the Design Consultant’s Basic Services described in Section 2.6 (Construction Phase) of this Agreement.
1.1.21 CONSULTANTS. The design professionals, of any Tier, retained by the Design Consultant or the City to perform any portion of the services required by this Agreement.
1.1.22 CONTRACTOR. The individual or firm under contract with the City to serve as the General Contractor for construction of the Project. The term “Contractor” means the Contractor or the Contractor’s authorized representative.
1.1.23 CONTRACT DOCUMENTS. The following collection of documents are designated as the contract documents:
(i) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and PreQualification Checklist (if applicable). (ii) Executed Construction Contract between the City and the Contractor. (iii) Notice Inviting Bids.
(iv) Instructions to Bidders.
(v) Bidding Addenda.
(vi) Contractor’s Bid.
(vii) General Conditions
(viii) Special Provisions and Technical Specifications. (ix) Payment and Performance Bonds.
(x) Insurance Forms.
(xi) Plans and Drawings.
(xii) Reports listed in the Bidding Documents.
(xiii) Supplements, Attachments, Modifications and Exhibits attached to the above items.
(xiv) Change Orders.
(xv) Field Orders.
1.1.24 CONTRACT SUM. The total amount of compensation stated in the Construction Contract that is payable to the Contractor for the performance of the Work in accordance with the Contract Documents.
1.1.25 CONTRACT TIME. The total number of Days set forth in the Construction Contract within which Final Completion of the Work must be achieved by the Contractor, including Approved extensions of time permitted under the terms of the Contract Documents.
1.1.26 COORDINATION. Whether capitalized or not, refers to the process of ensuring that all parts of the documents prepared by the Design Consultant or its Consultants are consistent and in conformance with each and all other parts.
1.1.27 COST NOT TO EXCEED. The maximum amount of compensation payable by the City pursuant to Article 2 (Basic Services) for Basic Services performed in accordance with this Agreement.
1.1.28 DAY. Whether capitalized or not, unless otherwise specifically provided, means calendar day, including weekends and legal holidays.
1.1.29 DEFECTIVE WORK. Work by the Contractor that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the Applicable Code Requirements, the Contract Documents, the directives of the City, or the requirements of any inspection, reference standard, test, code or Approval specified in the Contract Documents.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 6 1.1.30 DELAY. Whether capitalized or not, includes any circumstances involving disruption, hindrance, or interference in the performance of the Work.
1.1.31 DESIGN CONSULTANT. The individual or firm under contract with the City to provide design or engineering services for the Project and responsible for preparing the Contract Documents for the Project. The term “Design Consultant” means Design Consultant or Design Consultant’s authorized representative.
1.1.32 DESIGN CONSULTANT’S FEE. The fee payable by the City pursuant to Paragraph 5.1.1 (Design Consultant’s Fee) for performance by the Design Consultant of its Basic Services.
1.1.33 DESIGN DEVELOPMENT PHASE. The Phase of the Design Consultant’s Basic Services described in Section 2.3 (Design Development Phase) of this Agreement.
1.1.34 DRAWINGS. The graphic and pictorial portions of the Contract Documents prepared by the Design Consultant and/or its Consultants showing the design, location, and dimensions of the Work, generally including Plans, elevations, sections, details, schedules, and diagrams. The term “Drawings” may be used interchangeably with “Plans.”
1.1.35 ENR CONSTRUCTION COST INDEX. The current construction cost index as published in the Engineering News-Record by the McGraw-Hill Publishing Company or its successors.
1.1.36 ESTIMATED PROJECT CONSTRUCTION COST. The Design Consultant’s written estimates of the Construction Costs.
1.1.37 EXCLUDED DESIGN SERVICES. Not Used
1.1.38 FIELD ORDER. A written instrument signed by the City or Construction Manager that requests performance of Work in one of the following categories:
(i) Over which there is a dispute as to whether the Work is or is not Extra Work. (ii) Involving Extra Work which the City requests be performed without a unilateral Change Order adjustment to the Contract Sum or Contract Time and before all terms of an adjustment to the Contract Sum or Contract Time are fully agreed upon by the City and the Contractor.
1.1.39 FINAL COMPLETION. The point at which all of the following have been accomplished:
(i) Construction of the Project is completed to the satisfaction of the City in accordance with the Contract Documents, including minor corrective or completion items.
(ii) All requirements of the Contract Documents entitling the Contractor to Final Payment shall have been performed by the Contractor (including without limitation delivery of all warranties and guarantees, equipment operation and maintenance manuals, Record Documents and schedules, and certificates required prior to occupancy).
(iii) All Approvals and acceptances shall have been made pursuant to Applicable Code Requirements.
(iv) All rubbish, tools, scaffolding and surplus materials and equipment shall have been removed from the Site.
1.1.40 GENERAL CONDITIONS. That portion of the Contract Documents between the City and its Contractor (titled, “General Conditions”) setting forth the general terms and conditions for construction of the Project.
1.1.41 INTEREST RATE. The lesser of the “prime rate” reported in the Wall Street Journal from time to time or the maximum rate permitted by law.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 7 1.1.42 LOSSES: Any and all losses, costs, liabilities, Claims, damages, actions, judgments, settlements, expenses, attorneys’ fees, fines and penalties.
1.1.43 MODIFICATION: Modification of Agreement: An amendment, change, or alteration of any of the terms or conditions of the Agreement memorialized in writing and executed by the parties.
1.1.44 PERIOD OF INACTIVITY: Any period of time that the Design Consultant is not actively furnishing services to the City under this Agreement, including without limitation any period of time in which the Project has been suspended or abandoned or the Design Consultant’s services have been suspended by the City.
1.1.45 PHASE(S). The phases of services comprising the Design Consultant’s Basic Services as set forth in Article 2 (Basic Services) of this Agreement.
1.1.46 PLANS. The graphic and pictorial portions of the Contract Documents prepared by the Design Consultant and/or its Consultants showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.
The term “Plans” may be used interchangeably with “Drawings.”
1.1.47 PROJECT. The Work described generally on the first page of this Agreement.
1.1.48 PROJECT ARCHITECT OR ENGINEER. The individual assigned by the Design Consultant pursuant to Paragraph 2.1.5.3 of this Agreement to be in charge of the Project on behalf of the Design Consultant.
1.1.49 PROJECT PROGRAM. The City-approved written statement of the City’s design objectives, constraints, and criteria, including space requirements and relationships, flexibility and expandability, special equipment and systems, Site requirements, and performance criteria.
1.1.50 PROJECT SCHEDULE. The schedule attached here to as Exhibit “C” showing Project milestones, funding, design, design review, construction, and other deadlines applicable to the Project.
1.1.51 RECORD DOCUMENTS. The as-built documents showing the condition of the Work as actually built, including, without limitation, the locations of mechanical, electrical, plumbing, HVAC or similar portions of the Work that are shown diagrammatically in the Contract Documents Approved by the City. These documents are maintained by the Contractor on the Site and delivered, along with an electronic version of the documents, to the City upon Final Completion.
1.1.52 REIMBURSABLE EXPENSES. Those expenses that are reimbursable to the Design Consultant by the City as provided in Section 5.2 (Reimbursable Expenses) of this Agreement.
1.1.53 REVIEW AGENCIES. Any and all governmental agencies and departments (including but not limited to the Coastal Commission, State Energy Commission, and the MTA) having jurisdiction to review and Approve/reject the Contract Documents or the Work based on compliance/non-compliance with Applicable Code Requirements.
1.1.54 SCHEMATIC DESIGN PHASE. The Phase of the Design Consultant’s Basic Services described in Section 2.2 (Schematic Design Phase) of this Agreement.
1.1.55 SEPARATE CONTRACTOR. A person or firm, other than the Contractor, under separate contract with the City or other entity to perform construction at the Site or supply materials or equipment to the Project.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 8 1.1.56 SITE: The physical site located within the City of Santa Monica where the Project is to be constructed, including all adjacent areas for staging, storage, parking and temporary offices.
1.1.57 SPECIAL PROVISIONS AND TECHNICAL SPECIFICATIONS. The portion of the Contract Documents consisting of the written requirements for materials, equipment, standards, skill, quality for the Work, and performance of related services. These provisions may also contain amendments, deletions, or additions to the General Conditions.
1.1.58 SUBCONTRACTOR: A person or firm that has a contract with a Contractor to perform a portion of the Work. The term “Subcontractor” includes suppliers and vendors and is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor.
1.1.59 SUB-SUBCONTRACTOR: A person or firm that has a contract with a Subcontractor to perform a portion of the Work. The term “Sub-subcontractor” includes suppliers and vendors and is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor.
1.1.60 SUBMITTALS. All shop drawings, samples, exemplars, product data and other Submittals required to be submitted by the Contractor under the Contract Documents.
1.1.61 SUBSTANTIAL COMPLETION, SUBSTANTIALLY COMPLETE. The point at which the Work is sufficiently complete, as determined by the City for its intended purpose, and the Contractor has fulfilled its obligations under the Contract Documents as determined by the City, except for minor punchlist items which do not impair the City’s ability to so occupy and utilize the Project.
1.1.62 TIER. The contractual level of a Consultant with respect to the Design Consultant or a Subcontractor with respect to the Contractor. For example, a “first-tier” Subcontractor is under contract with the Contractor. A Sub-subcontractor under subcontract with a first-tier Subcontractor is in the “second tier,” and so on.
1.1.63 WARRANTY INSPECTION PHASE. The Phase of the Design Consultant’s Basic Services described in Section 2.7 (Warranty Inspection Phase) of this Agreement.
1.1.64 WORK. All labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for by the Contractor to perform its obligations and complete the Project, including without limitation any changes or additions requested by the City, in accordance with the Contract Documents and all Applicable Code Requirements.
ARTICLE 2 - BASIC SERVICES
2.1 GENERAL
2.1.1 Standard of Care. All services performed in connection with this Agreement shall be performed in a manner consistent with the standard of care under California law applicable to design professionals who specialize in providing such services for projects of the type, scope, and complexity of the Project.
2.1.2 Fiduciary Relations
hip. The Design Consultant acknowledges the relationship of trust and confidence between it and the City, and agrees to provide, in its capacity as a fiduciary to the City, professional services in a manner consistent with the City’s economic and governmental best interests.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 9 2.1.3 Agreement Duration. This Agreement begins on the Execution Date and terminates five (5) years after the Execution Date (“Expiration Date”), unless sooner terminated or extended in accordance with the provisions of this Agreement. In the event of delays in the performance of the services beyond the control of the Design Consultant, the City may, at its sole and complete discretion, extend the Expiration Date for a limited time period in writing pursuant to a Notice of Extension issued by the Director of Public Works, City Engineer, Capital Program Manager, or other designee of the City Manager. The Notice of Extension shall specify the revised Expiration Date, and must be issued prior to Expiration Date of the Agreement.”
2.1.4 Scope of Basic Services. The Design Consultant’s Basic Services shall be conclusively presumed to include any and all professional services within the general scope of the services, identified on Exhibit “A”, as well as those that are reasonably required to achieve the Project Program or are of the type customarily performed by architects or engineers, whether or not such services are expressly listed in this Agreement.
2.1.5 Key Personnel.
2.1.5.1. The services to be provided by the Design Consultant under this Agreement shall be performed by the persons whose names and functions are set forth on Exhibit “D” hereto. The furnishing of services by these individuals, and any individuals Approved by the City to replace them, is of the essence to this Agreement. If any persons identified on Exhibit “D” cease employment with the Design Consultant, then the Design Consultant shall promptly substitute a person Approved by the City of at least equal qualifications to perform the same functions, which Approval may be granted or withheld in the City’s sole discretion. If the City is dissatisfied with the services rendered by any person whose name is set forth on Exhibit “D” (or by any replacement therefore or addition thereto Approved by the City), or by any other person performing services for the Project, the Design Consultant shall promptly substitute a different person reasonably acceptable to the City of at least equal qualifications to perform the same function. The Design Consultant shall not remove, substitute or reduce the level of effort if any of the personnel described in Exhibit “D” (or any replacements thereof or additions thereto) from the Project without the City’s prior written Approval, which may be granted or withheld in the City’s sole discretion. All persons working for the Design Consultant who are not Consultants shall be the employees of the Design Consultant and not of the City.
The Design Consultant shall be solely responsible for any workers’ compensation obligations, withholding taxes, unemployment insurance and any other employer obligations with respect to employees working for the Design Consultant.
2.1.5.2 In the event the Design Consultant ceases its business operations altogether or shall be in default under this Agreement, the City shall have the right, but not the obligation, without liability or obligation to the Design Consultant or any other person or entity, to directly engage the services of or employ any of the following:
(i) Any of the individuals identified on Exhibit “D”.
(ii) Any replacements for such individuals.
(iii) Any other persons performing any of the services to be provided by the Design Consultant under this Agreement.
In the event that, during the term of this Agreement, the Design Consultant shall learn that any of the persons described in clauses (i), (ii) or (iii), above, will be leaving the employ of the Design Consultant, the Design Consultant shall promptly notify the City and the City shall have the rights described in this Paragraph 2.1.5.2 to directly employ or engage the services of such persons (in which event, compensation for Basic Services set forth in Section 5.1 [Basic Services Compensation] of this Agreement shall be equitably reduced to reflect the elimination from the scope of services to be performed by the Design Consultant DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 10 the services that such persons will perform directly by the City). Nothing contained in this Paragraph 2.1.5.2 shall be deemed to create any obligation or liability of the City to the Design Consultant with respect to the employment or engagement of services of any persons under situations not described in this Paragraph 2.1.5.2.
2.1.5.3 A staff member identified by the Design Consultant firm as the Project Architect or Engineer shall be Approved by the City. So long as the Project Architect or Engineer performs in a manner acceptable to the City and remains in the Design Consultant’s employ, the Project Architect or Engineer shall remain in charge of all services required under this Agreement, shall attend design-related meetings for the Project, and shall not be replaced or have his/her level of effort reduced without written Approval by the City, which Approval may be granted or withheld in the City’s sole discretion. The Project Architect or Engineer shall, if requested by the City, be replaced with another individual satisfactory to and Approved by the City.
The City-approved Project Architect or Engineer shall be the person named below:
Tim Osterkamp, P.E.
2.1.5.4 The following individual(s), or their Approved replacement, named below shall attend design-related meetings as requested by the City:
Tim Osterkamp, P.E.
2.1.5.5 Recognizing the necessity of a close working relationship with the City, the Design Consultant’s principals and employees shall furnish the best skill, efforts, and judgment of its organization in the performance of the duties and responsibilities under this Agreement, subject at all times to the City’s discretion, and to provide their knowledge, ideas, experience and abilities relating to the design and construction of the Project.
2.1.6 Consultants.
2.1.6.1 The Design Consultant may employ, with the City’s prior written Approval not to be unreasonably withheld, at no additional cost to the City beyond the Basic Services compensation set forth in Section 5.1 (Basic Services Compensation) of this Agreement, Consultants to assist it in the performance of its Basic Services under this Agreement. References in this Agreement to such Consultant shall mean Consultants, of every Tier, employed, directly or indirectly, by the Design Consultant to perform the services required by this Agreement. The Design Consultant’s Consultants shall be retained by written agreements which obligate such Consultant to be bound by the obligations assumed by the Design Consultant under this Agreement, including without limitation the obligation to indemnify and defend the City and provide professional liability and general liability insurance coverage. All contracts between the Design Consultant and its Consultants shall be submitted to the City for review prior to execution and prior to the Consultant performing any services for the Project. Consultants providing Basic Services who have already been Approved by the City as of the date of this Agreement are named below:
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 11 Discipline Consultant Name
Public Outreach and Photography/Videography Arellano Associates, LLC Structure Design Support Burne Engineering Services, Inc.
Coastal Commission Permitting Dudek
Geotechnical Engineering Earth Mechanics, Inc.
Hazardous Waste Testing Geocon West, Inc.
Survey / Mapping and Utility LIDAR and potholing Guida Surveying, Inc.
Historic Preservation ICF, Inc.
Landscape Architecture Moore Iacofano Goltsman (MIG, Inc.) Mechanical, Electrical, Plumbing and Fire Protection P2S Constructability Review UNICO Engineering, Inc.
Oceanography GHD, Inc.
Tunnel Structure Design Support Mott MacDonald
CCC Permit Support – Parking study Walker Consultants
2.1.6.2 The Design Consultant shall be responsible for the professional quality, technical accuracy and the Coordination of all applicable Contract Documents prepared by the Design Consultant and its Consultants, including without limitation all Drawings, Special Provisions and Technical Specifications, designs, reports, recommendations, testing and other services furnished under this Agreement and shall, as part of its Basic Services and without additional compensation or reimbursement by the City, correct or revise any errors, omissions, conflicts, ambiguities or deficiencies in the Contract Documents.
2.1.6.3 Nothing in this Agreement shall create any contractual relationship between the City and any Consultants retained by the Design Consultant under the terms of this Agreement. The Design Consultant is as responsible for the performance of services by its Consultants as it would be if it had rendered these services itself.
The Design Consultant is not responsible for consultants or others separately employed by the City; however, the Design Consultant is responsible to coordinate the services provided by the Design Consultant and its Consultants with the services and documents of such consultants or others separately employed by the City. The terms and form of agreement to be used between the Design Consultant and its Consultants shall be consistent with the terms of this Agreement.
2.1.6.4 In the performance of its services the Design Consultant shall abide by and ensure that its and its Consultants’ Drawings, Specifications, and other documents conform to all Applicable Code Requirements.
2.1.7 Cooperation with the Construction Manager. The Design Consultant shall cooperate with other professionals including, without limitation, the Construction Manager or any other Construction or Project Manager the City may employ for the Project.
2.1.8 Consultation with the City, Review Agencies. To the extent required by the City, the Design Consultant shall consult with authorized employees, agents, and representatives of the City and, in conjunction with the City, the Design Consultant shall consult with representatives of the Review Agencies relative to the design and construction of the Project.
2.1.9 Site Background Data. Subject to Paragraph 4.2.5 (City Liability) of this Agreement, the Design Consultant shall review all surveys; seismic data; mechanical, geotechnical, and other test reports; environmental documents; and any other documentation furnished or DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 12 made available by the City. From an examination of the Site and a review of available information, the Design Consultant shall determine whether such data are sufficient for purposes of design or whether additional data are needed and, if so, recommend the manner in which such data and any needed services be obtained. The Design Consultant shall evaluate, or cause its Consultants to evaluate, all soils data, design recommendations and other soil-related construction inspection reports provided by any soils consultants or soils testing agencies retained by the City or the Design Consultant, to determine the adequacy and suitability of such data and recommendations for purposes of foundation design and construction. The Design Consultant shall also cause its Consultants to visit the Site both:
(i) Before and during design as part of the evaluation of soil data and foundation design recommendations and
(ii) During the construction of subsurface components of the Project.
Visitation of the Site such be at such frequency and for such duration as is appropriate because of the progress and nature of such construction to determine the acceptability of such construction and its consistency with the intent of the design as expressed in the Contract Documents and with any directives of the Design Consultant or its Consultants.
2.1.10 Acceptance Not a Waiver. Review, Approval, acceptance, or payment for the Design Consultant’s services, whether by the City or others and whether during the Schematic Design Phase, Design Development Phase, Construction Documents Phase, Bid Phase, Construction Phase, Warranty Inspection Phase, or otherwise, shall not relieve the Design Consultant from its sole responsibility for errors and omissions in services provided by the Design Consultant or its Consultants.
2.1.11 Coordination. Periodically throughout the duration of the Project or as necessary as determined by the City, the Design Consultant shall meet with the City for the purpose of doing all of the following:
(i) Analyzing coordination between programming and design activities. (ii) Implementing Project Program components.
(iii) Evaluating the responsiveness of design to the Project Program and the City’s objectives.
(iv) Coordinating the design with the Project and other City construction and ongoing operations.
(v) Coordinating the design and construction activities. (vi) Coordinating the design with plant operations for utility tie-in and shutdowns.
2.1.12 Attendance at Meetings. The Design Consultant and Consultants shall attend all meetings determined by the City as reasonably necessary to resolve Project issues during the Design Phases of the Project (Schematic Design Phase, Design Development Phase, and Construction Documents Phase).
2.1.13 Notice of Objections. The Design Consultant shall give the City immediate written notice within three (3) Days if, at any time during performance of this Agreement, the Design Consultant objects to any decision or action by the City on the basis that it is in conflict with any advice or recommendation of the Design Consultant. Failure to provide such immediate notice shall be deemed to be the Design Consultant’s Approval of such decision or action as being consistent with the Design Consultant’s recommendations.
2.1.14 Construction Budgets. Reserved
2.1.15 Licensing. All design and engineering services shall be performed by Architects and Engineers, and other professionals as appropriate, duly licensed in their respective fields of specialization by the appropriate agencies of the State of California.
2.1.16 Written Authorization by the City. Each Phase of Basic Services shall be subject to a DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 13 separate Authorization to Proceed to be issued by the City. The Design Consultant shall immediately commence services on each Phase upon issuance by the City of a written Authorization to Proceed. Services on a Phase shall be based on documents, if any, from the prior Phase Approved by the City in writing, any written directives by the City with respect thereto, and any adjustments authorized by the City in the Project Program.
Approval by the City of documents prepared by the Design Consultant in any Phase shall not be construed as Approval of any change, addition or deletion to the Project Program unless the Design Consultant submits to the City written notice, prior to such Approval, informing the City of the specific change, addition, or deletion and the effect thereof on the project budget.
2.1.17 Authority of the Design Consultant. The Design Consultant’s authority to act on behalf of the City is limited to its scope of authority set forth in this Agreement. Notwithstanding anything else stated in this Agreement or the Contract Documents, the Design Consultant does not have the express or implied authority to obligate the City to any expenditure of money or extension of contractual time periods, including without limitation any adjustment to the price or time of performance on the Construction Contract.
2.1.18 Independent Design Review. All Construction Documents prepared during the Schematic, Design Development, Construction Documents or Construction Phases are subject to independent reviews, as defined in Section 2.8 (Independent Reviews) of this Agreement.
2.1.19 Time of the Essence. All time limits set forth in this Agreement are of the essence to this Agreement.
2.2 SCHEMATIC DESIGN PHASE (NOT INCLUDED)
2.2.1 Project Program. Not Included
2.2.2 Applicable Code Requirements. Not Included
2.2.3 Alternate Approaches. Not Included
2.2.4 Schematic Studies. Not Included
2.2.5 Estimated Project Construction Cost. Not Included
2.3 PRELIMINARY DESIGN PHASE
2.3.1 Design Development Documents. Upon the City’s Authorization to Proceed Design Consultant shall prepare, for Approval by the City, Preliminary Design Phase documents consisting of Drawings, technical specifications, and estimates, as described in Exhibit “A”.
Preliminary Design Phase documents are also referred to as 35% PS&E. The Design Consultant shall incorporate into the Preliminary Design Phase documents architectural, structural, mechanical, and electrical systems, materials, and such other elements and other systems appropriate to the Project.
2.3.2 Systems Criteria. Reserved
2.3.3 Estimated Project Construction Cost. The Design Consultant shall submit a preliminary written Estimated Project Construction Cost based on the documents submitted and Approved by the City in this Phase.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 14 2.4 FINAL DESIGN PHASE
2.4.1 Construction Documents. Upon the City’s Authorization to Proceed and based on Design Development Phase documents Approved in writing by the City and any written adjustments in the scope or quality of the Project, the Design Consultant shall prepare, for Approval by the City, Construction Documents setting forth in detail the requirements for the construction of the Project. Construction Documents begin at 65% PS&E and include all submittals following it. The Construction Documents shall describe the quality, configuration, size and relationships of all components to be incorporated into the Project.
The Construction Documents shall be consistent with the Project Program, and the Project Schedule. The Construction Documents shall, where applicable, use the same terms as defined in the General Conditions.
2.4.2 City Review. The Design Consultant shall submit Construction Documents to the City for review and Approval, as specified within Exhibit “A” Scope of Services. Such submittal shall be in electronic format if requested, and shall include the following:
(i) Copies of each of the Construction Documents.
(ii) Calculations as required by the City or other Review Agencies for the structural, HVAC, electrical, plumbing, communications.
(iii) Other specialized building system calculations.
Unless directed otherwise in writing by the City, the Construction Document Phase shall not be considered 100% complete until all Approvals by the City and Review Agencies have been granted.
2.4.3 Content, Completeness. The Design Consultant shall be responsible for the content of all Construction Documents. All Construction Documents prepared or signed by the Design Consultant or its Consultants shall be complete, coordinated and contain directions as will:
(i) Enable a competent Contractor to carry them out.
(ii) Require a minimum of corrections by Review Agencies. (iii) Be sufficiently complete and free of conflicts so as to be capable of definitive pricing by the Contractor with a minimum of further clarifications or detailing of the Design Consultant or its Consultants.
2.4.4 Changes, Corrections. Submittals of Construction Documents shall either incorporate any changes or corrections required by the City or Review Agencies, or be accompanied by a written statement as to why such changes were not incorporated. The City may, in its sole discretion, reject the Design Consultant’s explanation and require the Design Consultant to make the changes or corrections to the Construction Documents as previously requested by the City. Such changes shall not constitute grounds for adjustment of the Project Schedule.
2.4.5 Final Approval. When all City and Review Agency required changes or corrections have been incorporated by the Design Consultant, the corrected 100% complete Construction Documents will be deemed to be final and ready for competitive bidding. The Design Consultant shall provide to the City one (1) electronic set, 2 sets of prints, and the 100% complete set of all remaining Construction Documents for the Project. The Drawings and Special Provisions and Technical Specifications shall also be submitted usb flash drive in a software language format acceptable to the City or made available to the City for download from an online shared website provided by the Consultant. Construction Documents submitted by the Design Consultant to the City for bidding purposes shall be signed and stamped by the Design Consultant and its Consultants responsible for preparing same.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 15 2.4.6 Estimated Project Construction Cost.
2.4.6.1 Upon 100% and final correction of the Construction Documents, the Design Consultant shall prepare and submit for the City’s Approval one (1) copy of the Design Consultant’s then-current Estimated Project Construction Cost.
2.5 BID PHASE
2.5.1 Pre-Qualification. If pre-qualification of bidders is required by the City, the Design Consultant shall recommend pre-qualification criteria and assist the City in the preparation of the pre-qualification documents. If requested by the City, the Design Consultant shall participate with the City in the evaluation of pre-qualification submittals.
2.5.2 Addenda, Clarifications. The Design Consultant shall provide document clarification for City review and Approval and shall assist the City in the preparation of Addenda.
2.5.3 Pre-Bid Conference. The Design Consultant, and its Consultants, as appropriate or as requested by the City, shall attend all scheduled pre-bid conferences and Site visits.
2.5.4 Bid Evaluations. The Design Consultant shall assist the City in the review and evaluation of Bids.
2.5.5 Budget; Revisions. Reserve
2.6 CONSTRUCTION PHASE
2.6.1 Duration. The Construction Phase will commence upon the City’s issuance of an Authorization to Proceed.
2.6.2 Administration. The Design Consultant’s responsibilities shall include, without limitation:
(i) Interpretation of the Contract Documents.
(ii) Periodic Site observations.
(iii) Review of Submittals.
(iv) Consult on Change Orders as required by the City.
(v) General consultation to the City on design matters. (vi) Administration of the Construction Contract as provided in the General Conditions.
2.6.3 Attendance at Meetings. The Design Consultant shall attend pre-construction and regular construction meetings with the Contractor, as directed by the City. Attendees shall be the Project Architect or Engineer, Consultants, the Contractor, the Construction Manager, and others as deemed necessary by the Design Consultant or the City. The regular construction meetings shall be scheduled to occur weekly. If, through no fault of the Design Consultant or its Consultants, the total number of regular construction meetings exceeds what is indicated in Exhibit “B” Budget , the Design Consultant shall be compensated for additional meetings in accordance with Section 5.3 (Additional Services Compensation). The Construction Manager shall prepare and distribute construction meeting notes.
2.6.4 Communications. The City will furnish the Design Consultant with copies of written City communications to the Contractor pertaining to design matters. If the Design Consultant disagrees with any design matter content in a City written communication to the Contractor, the Design Consultant has ten (10) days from receipt of the communication to specify the reason for that disagreement in written form to the City. If the Design Consultant does not so notify the City within the specified time limit, the Design Consultant shall be deemed to agree with the content of the City communication. The Design Consultant shall advise and consult with the Construction Manager and shall keep the Construction Manager informed of the observed progress of the Work. The Design Consultant shall abide by the DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 16 communication procedures and protocols established by the Construction Manager for the Project.
2.6.5 Requests for Information.
2.6.5.1 The Design Consultant shall:
(i) Render written or graphic interpretations and decisions that are consistent with the intent of, and reasonably inferable from, the Contract Documents. (ii) Review and recommend any action to be taken regarding Submittals. (iii) Evaluate and advise the Construction Manager on the equivalence of proposed substitutions for materials, products, or services specified by brand or trade names in the Contract Documents.
(iv) Recommend either Approval or rejection of the substitutions as being equal in quality, utility, and appearance.
2.6.5.2 The Design Consultant shall use its best efforts to respond to all such requests for information and/or clarification within seven (7) days of receipt of same.
2.6.6 No Delay. The Design Consultant shall perform all Construction Phase services as required by this Agreement and the Contract Documents in a timely manner. The Design Consultant shall not delay its interpretations, decisions, reviews, or other functions pursuant to this Agreement, or otherwise cause or contribute to a disruption of construction or a Delay to the Project.
2.6.7 Corrections. The Design Consultant shall, at no cost to the City, promptly and satisfactorily correct any and all errors, omissions, deficiencies, ambiguities, conflicts or violations of Applicable Code Requirements in the Construction Documents prepared by the Design Consultant or its Consultants.
2.6.8 Site Observations - General. At the request of the City, observations shall be conducted deliberately and thoroughly and documented with a Field Report. The Design Consultant and its Consultants, as appropriate to the stage of the Work as deemed by the City, shall be present on the Site to:
(i) Observe construction as it progresses and the general progress of the Work. (ii) Observe that the character and detail of construction comply with the Contract Documents, Approved Submittals, and clarifications.
(iii) Check fabricated materials and equipment located outside the Site when such checks are specified in the Contract Documents.
(iv) Conduct Site observations in connection with occupancy and completion.
2.6.9 Site Observations - Frequency. The frequency and extent of the observations conducted by the Design Consultant are based on the following factors:
(i) Design issues or questions of concern, as determined by the City (ii) The construction of crucial components of the Work and when requested by the City.
Any inspections provided by the City are separate from the Design Consultant’s observations and shall not relieve the Design Consultant of its responsibilities under this Agreement. Such observations shall also be performed by the Design Consultant and its Consultants when reasonably requested by the City or as appropriate to the stage of the Project.
2.6.10 Notice of Defective Work. The Design Consultant shall notify the City Engineer in writing of any Defective Work that has been observed by the Design Consultant.
2.6.11 Testing, Inspection. The Design Consultant shall recommend to the City Engineer in writing special inspection or testing of the Work in accordance with the provisions of the Contract Documents if, in the Design Consultant’s opinion, such inspection or testing is DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 17 necessary or advisable to comply with the Contract Documents, regardless of the status of the Work. Upon request by the City, the Design Consultant shall review inspection reports, laboratory reports, and test data to determine conformity of such data with the design requirements expressed in or implied by the Contract Documents and Approved Submittals. The Design Consultant shall recommend to the City Engineer in writing actions that need to be taken, as determined from Site visits, inspections, observations, reports, laboratory reports, and test data, or from the Contractor proposals, schedules, or other relevant documents.
2.6.12 Substantial, Final Completion. The Design Consultant shall accompany and assist the City and the Construction Manager to evaluate Substantial Completion, Final Completion, and preparation of a “punchlist” of items of Work to be completed or corrected for Final Completion, as these terms are defined in the Construction Contract. The Design Consultant shall review the punchlist and advise the City whether items listed thereon have been completed in accordance with the requirements of the Contract Documents. The Design Consultant shall provide advice to the City on the Approval of Substantial Completion and Final Completion. The Design Consultant shall review for conformance with the Contract Documents all warranties, guarantees, Record Documents, and other items required by the Contract Documents to be delivered by the Contractor as a condition of the final payment to the Contractor.
2.6.13 Interpretations. The Design Consultant shall, upon request by the City, issue interpretations and clarifications of the requirements of the Contract Documents. Such clarifications and interpretations shall be transmitted to the City in writing.
2.6.14 Construction Means, Methods. The Design Consultant shall not be responsible for the Contractor’s construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Work to the extent such means or methods are not specified or expressly required by the Contract Documents prepared by the Design Consultant or its Consultants.
2.6.15 Change Orders. The Design Consultant shall prepare Contract Documents as specifically requested by the City or the project manager in connection with the issuance of contract modifications and/or Change Orders. The Design Consultant shall be entitled to compensation for the preparation of Contract Documents in connection with the issuance of contract modifications and/or Change Orders only to the extent allowed by Article 3 (Additional Services) of this Agreement. The Design Consultant shall not be entitled to compensation for the preparation of Contract Documents necessitated by errors, omissions, deficiencies, ambiguities, conflicts or violations of Applicable Code Requirements caused or created, in whole or in part, by the Design Consultant or its Consultants.
2.6.16 Record Documents
2.6.16.1 The Design Consultant shall review as-builts of the Drawings and Special Provisions and Technical Specifications prepared by the Contractor in a format acceptable to both the Design Consultant and the City. If significant discrepancies are noted by the Design Consultant in the course of its review, the Design Consultant shall return the as-builts to the Construction Manager, who shall coordinate further review by the Contractor, and, following corrections by the Contractor, return the as-builts to the Design Consultant for further review.
2.6.16.2 Within six (6) months after receipt of the Contractor’s completed and corrected as-builts, the Design Consultant shall furnish the City with one (1) PDF and one (1) CAD copy of the revised Drawings showing the as-built condition of all portions of the Work (including without limitation the location of electrical, HVAC, DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 18 plumbing and other systems that may be diagrammatically represented in the Contract Documents), and one (1) electronic file in a format acceptable to the City. The Record Documents shall wherever possible be made from the as-built Drawings, including revisions and changes made via Addenda and via markedup prints, as-built and other data furnished by the Contractor or the Construction Manager. These revisions and changes shall be coordinated and accurately annotated and cross-referenced by the Design Consultant. Each page of the Drawings shall prominently bear the words “Record Documents.”
2.7 WARRANTY INSPECTION PHASE
The Design Consultant shall conduct a detailed review of the Work six (6) months after Final Completion, and shall make written recommendations to the City for the correction of any Defective Work identified by the City or discovered in the course of the Design Consultant’s review within thirty (30) Days after the detailed review. The Design Consultant shall be accompanied by the City during these inspections. The number of work hours to complete such review and preparation of written recommendations shall not exceed forty (40) hours, excluding review and preparation necessitated in whole or in part by errors and omissions in the services performed by the Design Consultant or its Consultants. Hours in excess thereof shall be compensated as Additional Service only if approved in advance in writing by the City.
2.8 INDEPENDENT REVIEWS
2.8.1 Design Status. This Project is subject to independent design reviews and/or peer reviews conducted by the City and at the City’s expense. The Design Consultant shall cooperate with these design reviews. As part of the review, the Design Consultant shall present the current status of the design, as determined from a complete package of Contract Documents describing the Project design for each Phase.
2.8.2 Review Process. The Project Schedule shall include an agreed period of review at the end of each Phase of design. The City will provide to the Design Consultant a single set of coordinated comments in hard copy and electronic format mutually acceptable to the Design Consultant and the City within four (4) weeks after the date of receipt by the City of the complete package of Contract Documents submitted by the Design Consultant for each Phase, unless such time period is altered by mutual consent. The Design Consultant shall prepare written responses to the written review comments and shall make only those changes to the design and documents that the Design Consultant deems appropriate. If the Design Consultant does not deem a comment to require a change, the Design Consultant shall so state in the written response to the comment, providing reasons why no change should be implemented. If the City nevertheless directs the Design Consultant to implement the requested change, the Design Consultant will do so. Services to prepare responses to comments that do not arise from the fault of the Design Consultant or its Consultants shall be compensated as Additional Services.
2.8.3 Independent Cost Estimate. The City shall have the right, but not the obligation, to have an independent cost estimate conducted by an estimator designated by the City and at the City’s expense. The Design Consultant shall be available to answer the estimator’s questions regarding the design and to attend meetings with the estimator as reasonably necessary to reconcile the Design Consultant’s estimate with the independent estimate and the Design Consultant shall not be entitled to additional compensation under this Agreement.
2.9 PROJECT SCHEDULE
2.9.1 Time Limits. The Design Consultant acknowledges that all time limits stated in this Agreement are of the utmost importance to the City and are of the essence of this Agreement. The Design Consultant shall meet the requirements of the Project Schedule DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 19 attached as Exhibit “C”, including without limitation the dates for completion of each Phase of the Design Consultant’s Basic Services.
2.9.2 Criteria for Time Increase. The Design Consultant shall be entitled to an increase in the time scheduled for completion of the Design Consultant’s services if delayed for unforeseeable and unavoidable causes beyond the Design Consultant’s control or responsibility and without the fault or negligence of the Design Consultant or its Consultants. The Design Consultant must, however, give written notice to the City of the circumstances of such Delay within ten (10) Days after such circumstances were first observed or should have been observed in the exercise of reasonable care by the Design Consultant or its Consultants. Failure to provide such written notice shall result in a waiver by the Design Consultant of any right to an adjustment to the Project Schedule on account of such circumstances.
ARTICLE 3 - ADDITIONAL SERVICES
3.1 LIST OF ADDITIONAL SERVICES
Anything exceeding the Scope of Services listed in Exhibit “A” may be considered Additional Services for which the Design Consultant is entitled to Additional Services compensation pursuant to Section 5.3 (Additional Services Compensation) of this Agreement (unless identified in Article 2 as part of Basic Services):
3.2 DISPUTE REGARDING ADDITIONAL SERVICES
3.2.1 Notification in Writing. The Design Consultant shall notify the City in writing within ten (10) Days after it receives any direction or request by the City or the Construction Manager that the Design Consultant believes constitutes a request for performance of Additional Services. Except as provided in Section 5.3 (Additional Services Compensation), the Design Consultant waives the right to additional compensation for Additional Services performed prior to such written notice or performed without written Approval by the City expressly acknowledging that the service is an Additional Service.
3.2.2 Performance of Services. If a dispute arises as to whether any service required constitutes an Additional Service or a Basic Service, the Design Consultant will nevertheless promptly perform such services, if requested to do so by the City. Neither the City’s request, Design Consultant’s performance, nor the acceptance of such disputed services by the City will constitute or be deemed to be a waiver on the part of the City or the Design Consultant of its rights with respect to the appropriate classification of the services rendered.
ARTICLE 4 - CITY RIGHTS AND RESPONSIBILITIES
4.1 ADMINISTRATION
4.1.1 City Response. The City shall promptly respond to the Design Consultant’s Submittals and requests for decisions, Approvals, or information. However, no failure by the City to respond shall entitle the Design Consultant to an adjustment of the Project Schedule unless the City has failed to respond within Seven (7) Days to a written notice by the Design Consultant to the City expressly stating that a response is overdue and necessary in order to avoid a Delay to the Project Schedule.
4.1.2 City Furnished Services. The City shall furnish the services of consultants for design reviews and other services which the Design Consultant is not required to provide pursuant to Article 2 (Basic Services) of this Agreement.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 20 4.1.3 Approvals by Reviewing Agencies. In addition to the obligations of the Design Consultant under Article 2 (Basic Services), the Design Consultant shall assist the City in the preparation of applications for Approval submitted to Review Agencies, and in obtaining Approvals by Reviewing Agencies.
4.2 SURVEYS AND REPORTS
4.2.1 Tests, Inspections, Reports. The City shall furnish such structural, mechanical, electrical, chemical, soils, and other tests, inspections, and reports as required by Applicable Code Requirements or by the Contract Documents, and which are not required to be furnished by the Design Consultant under this Agreement or by the Contractor under the Contract Documents.
4.2.2 Land Survey. If not required to be furnished by the Design Consultant under this Agreement but required for the performance of the Design Consultant’s services, the City shall furnish an accurate land survey of the Site, giving, as applicable:
(i) Grades and lines of streets, alleys, pavements, and adjoining property. (ii) Rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, and contours of the Site.
(iii) Locations, dimensions, and floor elevations pertaining to existing buildings, other improvements, and trees.
(iv) Information in the City’s possession concerning available service and utility lines, both public and private.
4.2.3 Geotechnical Data. If not required to be furnished by the Design Consultant under this Agreement but required for the performance of the Design Consultant’s services, the City shall furnish geotechnical data or employ consultants to provide such data, when reasonably deemed necessary by the Design Consultant, including test logs, soil classifications, soil bearing values, and other data necessary to define subsoil conditions.
4.2.4 City’s Expense. The services, information, surveys, and reports required by this Article 4 shall be furnished at the City’s expense.
4.2.5 City Liability. The City does not expressly or impliedly warrant or represent the accuracy, completeness or suitability of the surveys, data, reports or other information provided under this Article 4 (City Rights and Responsibilities), and the City shall have no liability to the Design Consultant in the event that other surveys, data, reports or other information, known or unknown, that is available to the City has not been provided, even if such information is material to the Design Consultant’s performance of this Agreement.
ARTICLE 5 - COMPENSATION
5.1 BASIC SERVICES COMPENSATION
5.1.1 Design Consultant’s Fee. For all Basic Services performed by the Design Consultant pursuant to this Agreement, the City shall pay the Design Consultant a Design Consultant’s Fee based on the number of hours of Basic Services performed by employees of the Design Consultant furnishing Basic Services to the Project, multiplied by agreed hourly rates loaded by contract overhead rate and fee as set forth in Exhibit “B” attached hereto; provided however, that the total Design Consultant’s Fee, whether or not this Agreement is fully performed or is terminated prior to full performance and notwithstanding any provisions of Sections 9.1 (Termination by the City) or 9.2 (Termination by the Design Consultant) to the contrary, shall not exceed the Cost of FOUR MILLION, ONE HUNDRED AND FIFTY-EIGHT THOUSAND AND FOUR HUNDRED DOLLARS ($4,158,400.00) Payment to the Design Consultant pursuant to this Article 5 shall be the sole compensation to which the Design Consultant is entitled for all Basic Services provided by the Design Consultant for the Project.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 21 5.1.2 Monthly Payments. The Design Consultant’s Fee shall be payable monthly in accordance with Article 6 (Payments) of this Agreement. Monthly applications shall be accompanied by detailed time summaries for Basic Services that are segregated from hours expended on Additional Services and that are broken down by time keeper, task, and time expended (block billings are not permitted). If requested by the City, the Design Consultant will furnish copies of time cards of individual time keepers verifying actual hours expended.
Upon completion of all Basic Services and submission of an application for Final Payment pursuant to this Agreement, the Design Consultant shall be paid the full amount of the Design Consultant’s Fee, not to exceed the cost not to exceed.
5.2 REIMBURSABLE EXPENSES
5.2.1 Reimbursement by the City. The City shall reimburse the Design Consultant for any good or service purchased by the Design Consultant pursuant to the City’s written request.
This reimbursement shall not include an administrative charge, multiplier, or other mark-up by the Design Consultant. The City will not reimburse the Design Consultant for items such as, but not limited to:
(i) Printing.
(ii) Shipping and/or postage.
(iii) Messenger and/or delivery services.
(iv) Long distance telephone calls, cellular telephone calls, and/or facsimile transmissions.
(v) Personal automobile use.
(vi) Parking and/or tolls.
The City shall also reimburse the Design Consultant (without administrative charge, multiplier, or other mark-up by the Design Consultant) for the following Reimbursable Expenses to the extent they represent actual, reasonable, and customary out-of-pocket expenses incurred by the Design Consultant in performing its Basic or Additional Services hereunder:
(i) Expenses for reproductions, excluding, however, (a) reproductions by the Design Consultant for internal office use by the Design Consultant, and (b) reproductions by the Design Consultant’s Consultants for internal office use by the Design Consultant’s Consultants.
(ii) Special renderings, models or mockups Approved in writing in advance by the City.
5.2.2 Estimate.
5.2.2.1 No single Reimbursable Expense in excess of One Thousand Dollars ($1,000) shall be incurred without the City’s prior written Approval.
5.2.3 Records of Reimbursable Expenses. Accurate and detailed records of the Design Consultant’s Reimbursable Expenses pertaining to the Project shall be maintained in an orderly manner on the basis of generally accepted accounting practices and shall be available at the Design Consultant’s office (or at the City’s request, shall be brought by the Design Consultant to the Site) for inspection, auditing and/or copying by the City and its representatives upon reasonable notice during the business hours throughout the term of this Agreement and for a period of three (3) years thereafter. If the City’s examination of such records discloses an overcharge, the Design Consultant shall promptly refund such overcharge, together with the costs to the City of any necessary audit of the Design Consultant’s books and records.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 22 5.3 ADDITIONAL SERVICES COMPENSATION
5.3.1 Lump Sum. Prior to performance of an Additional Service, the Design Consultant and the City shall attempt in good faith to negotiate a lump sum amount for the Additional Service.
If the parties fail to negotiate a lump sum amount prior to the date such services are first provided, then the Design Consultant’s compensation for such Additional Service shall be as set forth in Paragraph 5.3.2 (Direct Personnel Expense).
5.3.2 Direct Personnel Expense. If the parties are unable to negotiate a lump sum price for the Additional Services and the City instructs the Design Consultant to proceed with performance of the Additional Services, then the Design Consultant’s compensation shall be computed as follows:
5.3.2.1 For employee’s time expended, remuneration shall be computed in accordance with the Rate Schedule provided within Exhibit “B”, without any additional markup or multiplier. Such Rate Schedule will be subject to adjustment on January 1 of each year following the year in which the Agreement is fully executed, as mutually agreed between the Design Consultant and the City, to reflect rates charged by the Design Consultant for comparable services provided to its other municipal or institutional clients. Direct Personnel Expense is defined as the direct salaries of personnel engaged on the Project. Direct salaries shall include legally required taxes and insurance (Federal & State taxes, Social Security, Workers Compensation, & Unemployment insurance), but shall not include employee benefits such as health and other insurance, vacation and sick leave, pensions, or bonuses.
5.3.2.2 Rates charged by the Design Consultant’s Consultants for Additional Services shall be subject to advance Approval by the City, which will not be unreasonably withheld. Additional Services charged by the Design Consultant’s Consultants at rates that are not so Approved in advance by the City will be deemed chargeable to the City for no more than the lowest rate chargeable by the Design Consultant for comparable Additional Services under this Agreement.
5.3.3 Notice. The Design Consultant shall notify the City in writing within Seven (7) Days after it receives any direction or request that the Design Consultant believes constitutes a request performance of Additional Services. Except as otherwise provided in Paragraph
5.3.3 (Additional Services Compensation), the Design Consultant waives the right to additional compensation for Additional Services performed prior to such written notice or performed without written Approval by the City acknowledging that such service constitutes an Additional Service.
5.3.4 Disputes. If a dispute arises as to whether any service required constitutes an Additional Service or a Basic Service, the Design Consultant will nevertheless promptly perform such services, if requested to do so by the City in writing. Neither the City’s request, the Design Consultant’s performance, nor the acceptance of such disputed services by the City will constitute or be deemed to be a waiver on the part of the City or the Design Consultant of its rights with respect to the appropriate classification of the services rendered.
ARTICLE 6 - PAYMENTS
6.1 APPLICATIONS FOR PAYMENT
6.1.1 Monthly Applications. The Design Consultant shall submit a monthly Application for Payment to the City, setting forth in detail the Basic and authorized Additional Services rendered, and authorized Reimbursable Expenses incurred during the previous month.
Applications for the previous month shall be due not later than the Fifteenth (15th) Day of the month. Payment requested for Basic Services shall be separately allocated with DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 23 respect to each Project Phase of the Design Consultant’s Basic Services. Payment for Basic Services will be limited to an amount that the City determines is in proportion to the percentage of the total Basic Services performed for each Phase of the Project.
6.1.2 Reimbursable Expenses, Additional Services. Applications for Payments for the Design Consultant’s Additional Services (other than Additional Services for which a lump sum has been agreed to) as defined in Article 3 (Additional Services), and for Reimbursable Expenses as defined in Section 5.2 (Reimbursable Expenses), shall be accompanied by invoices, receipts, time cards and other justification thereof.
Additional Services for which the City and the Design Consultant have negotiated a lump sum amount in advance shall be paid in an amount that the City determines is in proportion to the percentage of such Additional Services properly performed; each such payment being subject to determination by the City that satisfactory progress is being made in completion of the Additional Service.
6.2 PAYMENTS BY THE CITY
If the Design Consultant’s application and supporting data in proper form and substantiating the amount requested are received, payments shall be made by the City monthly within Sixty (60) Days after receipt by the City of the Design Consultant’s application.
ARTICLE 7 - THE DESIGN CONSULTANT’S BOOKS AND RECORDS
7.1 MAINTENANCE OF BOOKS AND RECORDS
Books and records relating to this Agreement shall be maintained in accordance with generally accepted accounting principles. The City and authorized representatives of the Federal government and the State of California shall have access to, and the right to audit and the right to copy, pertinent parts of the Design Consultant’s books and records. The Design Consultant’s records shall include, but not be limited to accounting records (hard copy, as well as computer readable data); contracts; payroll records; Design Consultant’s Consultant agreements; vendor agreements; purchase orders; leases; original estimates; estimating work sheets; correspondence; receipts; memoranda; and any other supporting evidence deemed necessary to substantiate charges under this Agreement. All such books and records shall be preserved for a period of at least three (3) years from the date of Final Completion.
7.2 INSPECTION OF FILES
The Design Consultant and the Design Consultant’s Consultants shall make their files available for inspection and copying by the City upon reasonable notice.
ARTICLE 8 - OWNERSHIP AND USE OF DOCUMENTS
8.1 PROPERTY OF THE CITY
All Contract Documents prepared by the Design Consultant and its Consultants, the designs depicted in them, and any presentation materials, shall become the property of the City whether the Project for which they are made is executed or not, and the City shall hold the copyright to such documents, materials and designs. The Design Consultant shall be permitted to retain copies, including reproducible copies, of the Contract Documents for information and reference. With the exception of standard and generic details in the Drawings, the Contract Documents shall not be used as a whole, or in substantial part, by the Design Consultant on other projects. The City may use the Contract Documents in connection with the Project without the Design Consultant’s Consent, including without limitation, future additions, alterations, connections, repairs, information, reference, use, or occupancy. If so used, the Design Consultant is not responsible for their use on any project for which they were not intended.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 24 8.2 BIDDING
The Design Consultant, upon request, shall provide copies of the Contract Documents in the number required by the City for bidding and construction purposes in connection with the Project.
The reproduction expense thereof shall be paid by the City as a Reimbursable Expense. The City reserves the right to select the type of document reproduction and to establish where the reproduction will be accomplished.
8.3 TERMINATION
In the event of Agreement termination by either party for any reason, the City reserves the right to receive, and the Design Consultant shall promptly provide to the City, all Drawings, specifications, models, and other documents and materials prepared to the date of termination by the Design Consultant for the Project. In the event of termination, any dispute regarding the amount to be paid under Article 9 (Termination of Agreement) shall not diminish the right of the City to receive and use any such documents or materials.
ARTICLE 9 - TERMINATION OF AGREEMENT
9.1 TERMINATION BY THE CITY
9.1.1 For Cause. If the City determines that the Design Consultant has failed to perform in accordance with the terms and conditions of this Agreement, the City may terminate all or part of the Agreement for cause. This termination shall be effective if the Design Consultant does not cure its failure to perform within Fifteen (15) Days (or longer, if authorized in writing by the City) after receipt of a notice of intention to terminate from the City specifying the failure in performance. If a termination for cause does occur, the City will have the right to withhold monies otherwise payable to the Design Consultant until Final Completion of the Project. If the City incurs additional costs, expenses, or other damages due to the failure of the Design Consultant to properly perform pursuant to the Agreement, these costs, expenses, or other damages shall be deducted from the amounts withheld. Should the amounts withheld exceed the amounts deducted, the balance will be paid to the Design Consultant upon Final Completion of the Project. If the costs, expenses, or other damages incurred by the City exceed the amounts withheld, the Design Consultant shall be liable to the City for the difference. The provisions of this Paragraph 9.1.1 are in addition to, and not a limitation upon, any other rights and remedies of the City under law or in equity.
9.1.2 For Convenience. The City may terminate or suspend performance of this Agreement for convenience and without cause at any time upon written notice to the Design Consultant, in which case the City will pay the Design Consultant as provided in Article 5 (Compensation) for all Basic Services and authorized Additional Services performed and all authorized Reimbursable Expenses incurred under and in accordance with this Agreement up to and including the date of termination. Payment for Basic Services shall be based upon the City’s determination of the percentage completion of the Design Consultant’s Basic Services for the Phase in which termination occurs. No other compensation will be payable for anticipated profit, prospective Losses or consequential damages, of any kind.
9.2 TERMINATION BY THE DESIGN CONSULTANT
9.2.1 Termination of the Agreement. The Design Consultant may terminate this Agreement:
9.2.1.1 If the City fails to make any undisputed payment to the Design Consultant when due in accordance with this Agreement and such failure remains uncured for Sixty (60) Days after written notice to the City of such default and of the Design Consultant’s intent to terminate; or
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 25 9.2.1.2 If the Project is abandoned by the City for more than Sixty (60) consecutive Days, the Design Consultant may terminate this Agreement upon Thirty (30) Days’ notice to the City, provided the City does not reactivate the Project within such Thirty (30) Day period. If the Project is reactivated and this Agreement is still in full force and effect, the Design Consultant’s compensation shall be equitable adjusted to provide for reasonable expenses incurred by the Design Consultant which are directly attributable to the interruption and resumption of service.
9.2.2 Payment for Services. After a termination of this Agreement by the Design Consultant in accordance with this Section 9.2, provided the Design Consultant is not then in default of this Agreement, the City shall pay the Design Consultant an amount for its Basic Services, Additional Services and Reimbursable Expenses calculated in accordance with Paragraph
9.1.2 (For Convenience) of this Agreement, and the City shall have no further liability or obligation to the Design Consultant for anticipated profit, prospective Losses or consequential damages, of any kind.
9.3 PAYMENT DISPUTES
In the event of any good faith dispute as to whether a particular payment or a portion of a particular payment is owed or not owed by the City to the Design Consultant under this Agreement, the City shall have the right to do one of the following:
(i) Make all or part of such disputed payment to the Design Consultant without prejudice to the City’s right to contest the amount so paid.
(ii) Withhold all or a portion of such disputed payment.
Should the City withhold all or a portion of any payment invoiced by the Design Consultant, the City shall so notify the Design Consultant in writing of the reasons therefore. From and after the Design Consultant’s receipt of such notice, the City and the Design Consultant shall use their good faith efforts to resolve their dispute as quickly as practicable under the circumstances. If the City has given such notice, the Design Consultant shall not be entitled to terminate this Agreement or suspend its services hereunder on account of such non-payment. If the City chooses to withhold payments under clause (ii) and if it is subsequently determined that the City owes an additional payment to the Design Consultant, the City shall pay such amount to the Design Consultant plus accrued interest computed at the Interest Rate from the date such payment was due until paid. If the City chooses to proceed under clause (i) and it is subsequently determined that the City overpaid the Design Consultant, the Design Consultant shall refund to the City the amount of such payment plus accrued interest computed at the Interest Rate from the date of such overpayment until refunded.
ARTICLE 10 - INDEMNIFICATION AND INSURANCE
10.1 INDEMNIFICATION
10.1.1 Hold Harmless for Design Professional Services. To the fullest extent permitted by law (including, without limitation California Civil Code Section 2782.8), Design Consultant agrees to defend, indemnify, and hold harmless the City, its board and council members, officers, employees and agents (“City Indemnitees”) from and against any and all losses, costs, liabilities, claims, damages, actions, judgments, settlements, expenses, defense costs, reasonable attorneys’ fees, costs, fines and penalties (“Losses”) that arise out of, pertain to, or relate to the Consultant’s negligence, recklessness or willful misconduct in the performance of professional services under this Agreement.
For Other Claims. Except as otherwise set forth in the preceding paragraph, Design Consultant agrees to defend, indemnify and hold harmless the City Indemnitees from and against any and all Losses to the extent caused or claimed to be caused by the acts, errors and/or omissions of the Consultant (other than professional negligence, which is covered DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 26 under Section 10.1.1, above), or recklessness or willful misconduct by Consultants (or its contractors or subcontractors, if any). Design Consultant’s responsibilities under this provision include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, which may be in combination with the acts or omissions of Consultant (or its contractors or subconsultants); provided, however, that Design Consultant’s duty to defend, indemnify, protect and hold harmless shall not include any Losses arising from the sole negligence or willful misconduct of the City.
The provisions of the above indemnification obligation shall survive any termination of this Agreement.
10.1.2 Survival. The provisions of the above indemnification obligations shall survive any termination of this Agreement.
10.2 INSURANCE
10.2.1 Basic Insurance Requirements. Prior to commencing work, the Design Consultant must procure, maintain and pay for insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Services by the Design Consultant or its agents, representatives, employees or subconsultants for the duration of this Agreement. Design Consultant must obtain insurance that, at a minimum, meets the requirements for insurance set forth in Exhibit “G,” Insurance Requirements and Verifications.
ARTICLE 11 - DISPUTE RESOLUTION
11.1 NEGOTIATION
The parties will attempt in good faith to resolve any Claim arising out of or relating to this Agreement by negotiation.
11.2 MEDIATION
Within sixty (60) Days, but no earlier than thirty (30) Days, following the earlier of (i) receipt of notice by the other party from the American Arbitration Association (AAA) of the disputing party’s demand for arbitration of Claim or (ii) receipt by the other party of the disputing party’s notice of election to litigate a Claim, the parties shall submit the Claim to non-binding mediation administered by the AAA under its Construction Industry Mediation Rules, unless waived by mutual stipulation of both parties. The expenses and fees of the mediator shall be divided among the parties equally.
11.3 ARBITRATION OR LITIGATION
Claims between the Design Consultant and the City which cannot be settled through negotiation or mediation shall be subject to arbitration or litigation as follows:
11.3.1 Arbitration with the Contractor. If any Claim arises under the Contract Documents for the Project and is submitted to arbitration, and either the Contractor or the City claims that the acts or omissions of the Design Consultant are involved, in whole or in part, any Claim by the City against the Design Consultant arising out of or in connection therewith may be asserted, at the option of the City, against the Design Consultant in the same arbitration proceeding which shall be conducted under the procedures specified in the General Conditions of the Construction Contract.
11.3.2 Litigation with the Contractor. If any Claim arises under the Contract Documents for the Project and is submitted to litigation, and either the Contractor or the City asserts that the acts or omissions of the Design Consultant are involved, in whole or in part, any Claim by DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 27 the City against the Design Consultant arising out of or in connection therewith may be asserted, at the option of the City, against the Design Consultant in the same litigation.
11.3.3 Arbitration without the Contractor. Any Claims not exceeding $100,000 arising from this Agreement between the Design Consultant and the City that do not involve the Contractor and which cannot be settled through negotiation or mediation, and which are not resolved by arbitration or litigation pursuant to Paragraphs 11.3.1 (Arbitration with the Contractor) and 11.3.2 (Litigation with the Contractor), shall be subject to arbitration conducted in accordance with the Construction Industry Arbitration Rules of the AAA then in effect. The following additional modifications shall be made to the aforesaid Rules of the AAA:
11.3.3.1 Discovery. Civil discovery shall be permitted for the production of documents and taking of depositions. Other discovery may be permitted in the discretion of the arbitrator. All disputes regarding discovery shall be decided by the arbitrator.
11.3.3.2 Consultants. The Design Consultant’s Consultants shall upon demand by the City join in and be bound by the arbitration.
11.3.3.3 Consolidations. Concurrent Claims shall be consolidated into a single arbitration unless the parties otherwise agree in writing.
11.3.3.4 Hearings. No hearing shall be held prior to Final Completion of the Project unless the City and the Design Consultant otherwise agree in writing.
11.3.3.5 Jurisdiction. The exclusive forum for determining arbitrability shall be the Superior Court of the State of California.
11.3.3.6 Expedited Procedures. If the total Claims are less than $50,000, AAA expedited procedures as modified by this Article 11 (Dispute Resolution) shall apply. If the total Claims are between $50,000 and $100,000 they shall be heard by a single arbitrator who shall be an attorney.
11.3.3.7 Arbitrator Selection. The AAA shall submit simultaneously to each party to the dispute an identical list of at least ten (10) names of persons chosen from the National Panel of Commercial Arbitrators, and each party to the dispute shall have ten (10) Days from the date of receipt in which to cross off any names objected to, number the remaining names in order of preference and then return the list to the AAA. If the expedited procedures of the AAA are applicable, the AAA shall submit simultaneously to each party an identical list of five (5) proposed arbitrators drawn from the National Panel of Commercial Arbitrators, and each party may strike three (3) names from the list on a peremptory basis and then return the list to AAA within ten (10) Days from the date of Receipt.
11.3.3.8 Finality. Unless the City and the Design Consultant otherwise agree in writing, the arbitration decision shall be made under and in accordance with the laws of the State of California, supported by substantial evidence. If the total of all Claims or cross Claims submitted to arbitration is in excess of $50,000, the award shall contain the basis for the decision, findings of fact, and conclusions of law. Any arbitration award shall be subject to confirmation, vacation or correction under the procedures and on the grounds specified in the California Code of Civil Procedure, including without limitation Section 1296.
11.3.3.9 Fees, Expenses. The expenses and fees of the arbitrators and the administrative fees of the AAA shall be divided among the parties equally.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 28 11.4 LITIGATION
All Claims exceeding $100,000, arising from this Agreement between the Design Consultant and the City which cannot be settled by negotiation or mediation, and which are not arbitrated under the provisions of Paragraphs 11.3.1 (Arbitration with the Contractor) or 11.3.3 (Arbitration without the Contractor), shall be resolved through litigation, filed in the Los Angeles Superior Court.
11.5 COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to receive from the losing party all reasonable costs, disbursements, and expenses and such amount as the court may adjudge to be reasonable attorneys’ fees. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties. `
ARTICLE 12 - NON-DISCRIMINATION
In connection with the performance of the Design Consultant pursuant to this Agreement, the Design Consultant will not willfully discriminate against any employee or qualified applicant for employment because of race, color, religion, ancestry, national origin, local custom, habit, sex, age, sexual orientation, physical disability, veteran’s status, medical condition (as defined in Section 12926 of the California Government Code), marital status, or citizenship. This equal treatment shall apply, but shall not be limited to, the following: upgrade, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. In addition, the Design Consultant shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” ARTICLE 13 - NOTICES
13.1 NOTICE FORM AND DELIVERY
All notices, demands, requests or Approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed received as follows:
(i) On the date delivered if delivered personally.
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided.
(iii) On the date sent if sent by facsimile transmission. (iv) On the date it is accepted or rejected if sent by certified mail.
13.2 NOTICE RECIPIENTS
All notices, demands or requests shall include the Project name and the number of this Agreement and be addressed to the parties as follows:
To the City at:
City of Santa Monica
Engineering & Streets Services Division
1685 Main Street, Mail Stop 15
Santa Monica, California 90401
Attention: Curtis Castle
Re: Pier Bridge Replacement Project, 11361 (CCS)
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 29 With an additional copy to: Client Department (if requested) at:
To the Design Consultant at:
Dokken Engineering
110 Blue Ravine Road, Suite 200
Folsom, California 95630
Attention: Tim Osterkamp
In addition, copies of all Claims by the Design Consultant under this Agreement shall be provided to both of the following:
City Engineer at the address above
Santa Monica City Attorney Office
1685 Main Street, Third Floor
Santa Monica, CA 90401
Attention: City Attorney
Such Claims shall be delivered personally or sent by certified mail.
ARTICLE 14 - GOVERNING LAW
This Agreement, including without limitation the provisions of Article 10 (Indemnification and Insurance), shall be governed by the laws of the State of California.
ARTICLE 15 - FEDERAL GRANTS
The following Federally required clauses supersede and control only where they conflict with the AGREEMENT or Exhibits thereto. In the event of a potential ambiguity between the Federal clauses and the remainder of the Agreement, CITY will be solely responsible for interpreting how to implement the AGREEMENT.
15.1. ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee.
CITY will reimburse DESIGN CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by DESIGN CONSULTANT in performance of the work. DESIGN CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved DESIGN CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will DESIGN CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. DESIGN CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
C. In addition to the allowable incurred costs, CITY will pay DESIGN CONSULTANT a fixed fee of $218,411.48. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of services and such adjustment is made by AGREEMENT amendment.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 30 D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, DESIGN CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of DESIGN CONSULTANT’s fixed fee will be included in the monthly progress payments. If DESIGN CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. DESIGN CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which DESIGN CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title.
Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work.
Invoices shall be mailed to CITY’s Contract Administrator at the following address:
City of Santa Monica
Engineering & Streets Services Division
1685 Main Street, Mail Stop 15
Santa Monica, California 90401
Attention: Curtis Castle
Re: Pier Bridge Replacement Project, 11361 (CCS)
I. The total amount payable by CITY including the fixed fee shall not exceed $4,158,400.00.
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
15.2. TERMINATION
A. CITY reserves the right to terminate this AGREEMENT upon thirty (30) calendar days written notice to DESIGN CONSULTANT with the reasons for termination stated in the notice.
B. CITY may terminate this AGREEMENT with DESIGN CONSULTANT should DESIGN CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, CITY may proceed with the work in any manner deemed proper by CITY. If CITY terminates this AGREEMENT with DESIGN CONSULTANT, CITY shall pay DESIGN CONSULTANT the sum due to DESIGN CONSULTANT under this AGREEMENT prior to termination, unless the cost of completion to CITY exceeds the funds remaining in the AGREEMENT. In which case the overage shall be deducted from any sum due DESIGN CONSULTANT under this AGREEMENT and the balance, if any, shall be paid to DESIGN CONSULTANT upon demand.
C. The maximum amount for which the CITY shall be liable if this AGREEMENT is terminated is $4,158,000.
15.3. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS
A. DESIGN CONSULTANT agrees that the Agreement Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.
B. DESIGN CONSULTANT also agrees to comply with federal procedures in accordance DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 31 with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
C. Any costs for which payment has been made to DESIGN CONSULTANT that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by DESIGN CONSULTANT to CITY.
15.4. RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Agreement Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7; DESIGN CONSULTANT , subconsultants, and CITY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All PARTIES shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, CITY, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of DESIGN CONSULTANT and it’s certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
15.5. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by agreement, shall be reviewed by CITY’S Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, DESIGN CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by CITY will excuse DESIGN CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. DESIGN CONSULTANT and subconsultant Agreements, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is DESIGN CONSULTANT ’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by DESIGN CONSULTANT and approved by CITY Agreement manager to conform to the audit or review recommendations. DESIGN CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by DESIGN CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
15.6. SUB-CONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between CITY and any subconsultant(s), and no sub-agreement shall relieve DESIGN CONSULTANT of its responsibilities and obligations hereunder. DESIGN CONSULTANT agrees to be as fully responsible to CITY for the acts and omissions of its subconsultant(s) DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 32 and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by DESIGN CONSULTANT. DESIGN CONSULTANT ’s obligation to pay its subconsultant(s) is an independent obligation from CITY’S obligation to make payments to the DESIGN CONSULTANT.
B. DESIGN CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this AGREEMENT shall be subcontracted without written authorization by CITY’s Agreement Administrator, except that, which is expressly identified in the approved Cost Proposal.
C. DESIGN CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to DESIGN CONSULTANT by CITY.
D. Any sub-agreement entered into as a result of this AGREEMENT shall contain all the provisions stipulated in this AGREEMENT to be applicable to subconsultants.
E. Any substitution of subconsultant(s) must be approved in writing by CITY’s Project Manager prior to the start of work by the subconsultant(s).
15.7. EQUIPMENT PURCHASE
A. Prior authorization in writing, by CITY’s Project Manager shall be required before DESIGN CONSULTANT enters into any unbudgeted purchase order, or sub-agreement exceeding $5,000 for supplies, equipment, or DESIGN CONSULTANT services. DESIGN CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in DESIGN CONSULTANT’S Cost Proposal and exceeding $5,000 prior authorization by CITY’s Agreement Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this AGREEMENT is subject to the following:
“DESIGN CONSULTANT shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, DESIGN CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If DESIGN CONSULTANT elects to keep the equipment, fair market value shall be determined at DESIGN CONSULTANT ’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and DESIGN CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.” 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
15.8. STATE PREVAILING WAGE RATES
A. DESIGN CONSULTANT shall comply with the State of California’s General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.
B. Any sub-agreement entered into as a result of this AGREEMENT, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article, unless the awarding agency has an approved labor compliance program by the Director of Industrial Relations.
C. When prevailing wages apply to the services described in the scope of services, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 33 15.9. CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the DESIGN CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The DESIGN CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.
B. DESIGN CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. DESIGN CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. DESIGN CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.
C. The DESIGN CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The DESIGN CONSULTANT hereby certifies that the DESIGN CONSULTANT or subconsultant and any firm affiliated with the DESIGN CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
15.10. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION DESIGN CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any CITY employee.
For breach or violation of this warranty, CITY shall have the right in its discretion; to terminate the AGREEMENT without liability; to pay only for the value of the work actually performed; or to deduct from the AGREEMENT price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
15.11. PROHIBITION OF EXPENDING CITY STATE OR FEDERAL FUNDS FOR LOBBYING A. DESIGN CONSULTANT certifies to the best of his or her knowledge and belief that:
1. No state, federal or CITY appropriated funds have been paid, or will be paid by-oron behalf of DESIGN CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal Agreement; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal Agreement, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal Agreement, grant, loan, or cooperative agreement; DESIGN CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 34 C. DESIGN CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier sub-agreements, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.
15.12. STATEMENT OF COMPLIANCE
A. DESIGN CONSULTANT ’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that DESIGN CONSULTANT has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
B. During the performance of this AGREEMENT, DESIGN CONSULTANT and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. DESIGN CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. DESIGN CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (af), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. DESIGN CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
C. The DESIGN CONSULTANT shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
D. The DESIGN CONSULTANT, with regard to the work performed by it during the AGREEMENT shall act in accordance with Title VI. Specifically, the DESIGN CONSULTANT shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The DESIGN CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the AGREEMENT covers a program whose goal is employment.
15.13. DEBARMENT AND SUSPENSION CERTIFICATION
A. DESIGN CONSULTANT ’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that DESIGN CONSULTANT has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (non-procurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 35 fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to CITY.
B. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining DESIGN CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.
15.14. FUNDING REQUIREMENTS
A. It is mutually understood between the PARTIES that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both PARTIES, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only, if sufficient funds are made available to CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds. D. CITY has the option to void the AGREEMENT under the 30-day termination clause pursuant to Article 7.2, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
15.15. CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the PARTIES.
B. DESIGN CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY’s Agreement Administrator.
C. There shall be no change in DESIGN CONSULTANT ’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY’s Agreement Administrator.
15.16. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This AGREEMENT is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.
Consultants who obtain DBE participation on this AGREEMENT will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is 22%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the DESIGN CONSULTANT AGREEMENT DBE Information (Exhibit 10-O2) attached hereto and incorporated as part of the AGREEMENT as Exhibit “H”. If a DBE subconsultant is unable to perform, DESIGN CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of Agreements financed in whole or in part with federal funds. DESIGN CONSULTANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. DESIGN CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by DESIGN CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as CITY deems appropriate.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 36 D. Any sub-agreement entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
E. A DBE firm may be terminated only with prior written approval from CITY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting CITY consent for the termination, DESIGN CONSULTANT must meet the procedural requirements specified in 49 CFR
26.53(f).
F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the, AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.
G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
H. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF.
I. DESIGN CONSULTANT shall maintain records of materials purchased or supplied from all sub-agreements entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
J. Upon completion of the AGREEMENT, a summary of these records shall be prepared and submitted on the form entitled, “Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants” CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by DESIGN CONSULTANT or DESIGN CONSULTANT ’s authorized representative and shall be furnished to the Project Manager with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to DESIGN CONSULTANT when a satisfactory “Final Report- Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants” is submitted to the Agreement Administrator.
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify DESIGN CONSULTANT in writing with the date of decertification.
If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify DESIGN CONSULTANT in writing with the date of certification.
Any changes should be reported to CITY’s Project Manager within 30 days.
15.17. CONTINGENT FEE
DESIGN CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by DESIGN CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 37 15.18. DISPUTES
A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY’s Project Manager and the City’s Public Works Director or designee, who may consider written or verbal information submitted by DESIGN CONSULTANT.
B. Not later than 30 days after completion of all work under the AGREEMENT, DESIGN CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse DESIGN CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
15.19. INSPECTION OF WORK
DESIGN CONSULTANT and any subconsultant shall permit CITY, the state, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT including review and inspection on a daily basis.
15.20. SAFETY
A. DESIGN CONSULTANT shall comply with OSHA regulations applicable to DESIGN CONSULTANT regarding necessary safety equipment or procedures. DESIGN CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. DESIGN CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, CITY has determined that such areas are within the limits of the project and are open to public traffic.
DESIGN CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. DESIGN CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
C. Any sub-agreement entered into as a result of this AGREEMENT, shall contain all of the provisions of this Article.
D. DESIGN CONSULTANT must have a Division of Occupational Safety and Health (CALOSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.
15.21. INSURANCE
A. Prior to commencement of the work described herein, DESIGN CONSULTANT shall furnish CITY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for DESIGN CONSULTANT with a combined single limit (CSL) of not less than what is established in Exhibit “G”.
B. The Certificate of Insurance will provide:
1. That the insurer will not cancel the insured’s coverage without 30 days prior written notice to CITY.
2. That CITY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.
3. That CITY will not be responsible for any premiums or assessments on the policy.
C. DESIGN CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, DESIGN CONSULTANT agrees to provide at least thirty (30) days prior notice to said DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 38 expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of CITY. In the event DESIGN CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, CITY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.
15.22. OWNERSHIP OF DATA
A. Upon completion of all work under this AGREEMENT, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this AGREEMENT will automatically be vested in CITY; and no further agreement will be necessary to transfer ownership to CITY. DESIGN CONSULTANT shall furnish CITY all necessary copies of data needed to complete the review and approval process.
B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this AGREEMENT has been entered into.
C. DESIGN CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by CITY of the machine-readable information and data provided by DESIGN CONSULTANT under this AGREEMENT; further, DESIGN CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by CITY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by DESIGN CONSULTANT .
D. Applicable patent rights provisions regarding rights to inventions shall be included in the Agreements as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Agreements for federal-aid Agreements).
E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
15.23. CLAIMS FILED BY CITY’s CONSTRUCTION CONTRACTOR
A. If claims are filed by CITY’s construction Contractor relating to work performed by DESIGN CONSULTANT ’s personnel, and additional information or assistance from DESIGN CONSULTANT ’s personnel is required in order to evaluate or defend against such claims; DESIGN CONSULTANT agrees to make its personnel available for consultation with CITY’S construction Agreement administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
B. DESIGN CONSULTANT ’s personnel that CITY considers essential to assist in defending against construction Contractor claims will be made available on reasonable notice from CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for DESIGN CONSULTANT ’s personnel services under this AGREEMENT.
C. Services of DESIGN CONSULTANT ’s personnel in connection with CITY’s construction contractor claims will be performed pursuant to a written AGREEMENT amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
15.24. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY’s operations, which are designated confidential by CITY and made available to DESIGN CONSULTANT in order to carry out this AGREEMENT, shall be protected by DESIGN CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by CITY relating DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 39 to the AGREEMENT, shall not authorize DESIGN CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. DESIGN CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, DESIGN CONSULTANT ’s own personnel involved in the performance of this AGREEMENT, at public hearings or in response to questions from a Legislative committee.
D. DESIGN CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.
E. Any sub-agreement entered into as a result of this AGREEMENT shall contain all of the provisions of this Article.
15.25. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Agreement Code Section 10296, DESIGN CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against DESIGN CONSULTANT within the immediately preceding two-year period, because of AE’s failure to comply with an order of a federal court that orders DESIGN CONSULTANT to comply with an order of the National Labor Relations Board.
15.26. EVALUATION OF DESIGN CONSULTANT
DESIGN CONSULTANT ’s performance will be evaluated by CITY. A copy of the evaluation will be sent to DESIGN CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
15.27. RETENTION OF FUNDS
A. Any sub-agreement entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
B. No retainage will be withheld by the agency from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultants and subconsultants.
15.28. ADDITIONAL PERTINENT NON-DISCRIMINATION AUTHORITIES During the performance of this contract, the Design Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Design Consultant”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 40 • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Design Consultant shall comply with the Appendices A and E, which are incorporated herein:
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 41 APPENDIX A
During the performance of this Agreement, Design Consultant, for itself, its assignees and successors in interest (hereinafter collectively referred to as the “Design Consultant”) agrees as follows:
a. Compliance with Regulations: Design Consultant shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: Design Consultant, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Design Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by Design Consultant for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by Design Consultant of the Design Consultant’s obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: Design Consultant shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of Design Consultant is in the exclusive possession of another who fails or refuses to furnish this information, Design Consultant shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts Design Consultant has made to obtain the information.
e. Sanctions for Noncompliance: In the event of Design Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to Design Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: Design Consultant shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 42 Design Consultant shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Design Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, Design Consultant may request the recipient enter into such litigation to protect the interests of the State, and, in addition, Design Consultant may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX E
During the performance of this contract, the Design Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the “Design Consultant”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 43 ARTICLE 16 - WAIVER
One or more waivers by either party of any provision, term, condition or covenant shall not be construed by either party as a waiver of a subsequent breach of the same by either party.
ARTICLE 17 - NO THIRD PARTIES
Nothing contained in this Agreement is intended to make any person or entity who is not a signatory to this Agreement a third party beneficiary of any right created by this Agreement or by operation of law.
ARTICLE 18 - EXTENT OF AGREEMENT
This Agreement represents the entire Agreement with the City and the Design Consultant for furnishing of design services, and supersedes all prior negotiations, representations or Agreements, either written or oral and may be amended only by written instrument signed by both the City and the Design Consultant.
ARTICLE 19 - SEVERABILITY
In case any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of all remaining provisions shall not be affected.
ARTICLE 20 - SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the City and the Design Consultant and their respective successors and assigns. Neither the performance of this Agreement nor any part thereof, nor any monies due or to become due hereunder, may be assigned by the Design Consultant without the prior written Consent and Approval of the City, which may be granted or withheld in the City’s sole discretion.
ARTICLE 21 - CONFIDENTIALITY
The Design Consultant shall treat all information and data furnished to it by the City or otherwise obtained or prepared by the Design Consultant concerning the Project as strictly confidential and shall not disclose any of the same to any other person or entity unless required to do so in connection with the Design Consultant’s performance of this Agreement or any governmental filings or applications. The Design Consultant shall not engage in or permit any publicity with respect to the Project, the City or the Design Consultant’s services hereunder including, without limitation, referring to the same in advertising or promotional brochures or materials or granting interviews to broadcast, print or other media, without the prior written Consent of the City, which may be granted or withheld in the sole discretion of the City. The Design Consultant shall instruct all of its employees of this obligation and shall use its best efforts to ensure full compliance in compliance with this Article 21. The provisions of this Article 21 shall survive any termination of this Agreement.
ARTICLE 22 - EXHIBITS
The following Exhibits are attached hereto and incorporated herein by this reference:
Exhibit “A”
Exhibit “B”
Exhibit “C”
Exhibit “D”
Exhibit “E”
Exhibit “F”
Exhibit “G”
Exhibit “H”
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-
-
-
-
-
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Scope of Services.
Budget.
Project Schedule.
Key Personnel.
Oaks Initiative.
Living Wage.
Insurance Requirements
DBE Commitments
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA 44 ARTICLE 23 – EXECUTION IN COUNTERPARTS
This Agreement may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Agreement transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement, on the day and year first above written.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
#VENDOR
By: ________________________________
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA City Attorney
DOUGLAS SLOAN
7/14/2023
John A. Klemunes, Jr.
Dokken Engineering
7/18/2023
President
David White
City Manager
7/19/2023
Denise Anderson-Warren
City Clerk
7/20/2023
Exhibit “A”
Scope of Services
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
Scope of Services
The following scope of work outlines all the necessary design services that will be provided by Dokken to deliver ready to advertise plans, specifications, and estimates for the Santa Monica Pier Bridge Replacement Project.
The Scope of Services also defines services by our expert and specialty subconsultants, four of which are Disadvantage Business Enterprise (DBE) firms. Please refer to Exhibit 10-02, Consultant Contract DBE Commitment from Caltrans Local Assistance Procedures Manual, for more information about our proposed DBE participation.
1. Project Management
As Project Manager, Tim Osterkamp will have the overall responsibility of directing the project team during the development and execution of the project as well as communication with City staff and documenting the progress and decisions made during the entire project. Tim will have the responsibility to deliver a quality project on time and within budget. This involves all aspects of project management including financial performance, schedule, and quality control.
Dokken’s Project Management includes regular in-person and virtual meetings, development and monitoring of action items, monthly progress reports, progress and budget monitoring, and coordination. Close contact will be maintained between the Project Manager, all sub-consultants, the City, project personnel, and regulatory agencies. Dokken will continuously inform the City of all project activities through completion of the project.
To assist with project management and delivery within a short timeframe we have created a management team which will oversee the different aspects of the project. Team coordination meetings will be held every two weeks to ensure the multitude of tasks are properly coordinated, problems and issues are brainstormed for solutions, and schedules are met or exceeded. The City will be invited to attend these meetings if they desire.
Kick-off Meeting: A Project “Kick-off” Meeting will be held following the Notice to Proceed. This meeting will include representatives from the City, Dokken, subconsultants and other involved agencies as needed. The primary meeting objectives will be to present the project, its goals, review available data relevant to the selected alternative, review the project scope and action item list, review the project schedule, identify key issues, and facilitate an exchange of ideas and expectations regarding the completion of the project.
Key Submittals: A coordination and status meeting will be held at City offices at key submittals as identified below. These meetings will be to review the submittal and project status and budget, to obtain City input, make decisions, and discuss issues that have the potential of affecting the project design, budget, or schedule. Dokken will provide updated Project Schedules as necessary. The schedules will be prepared in Microsoft Project and will identify the beginning dates, duration of each task, and end dates.
Project Development Meetings (PDT) will be held at a minimum monthly. These meetings are in addition to Team coordination meetings. Dokken will prepare all meeting notices, agendas, and minutes in consultation with City’s Project Manager.
Project Controls. Dokken will provide all contract management and quality control services throughout the duration of the project. Dokken will deliver a high-quality product within budget and on schedule. Dokken will prepare and update monthly a project schedule with tasks and milestones. Dokken will break down the schedule by logical tasks consistent with the scope of work and with enough detail to track project progress. The schedule will reflect realistic estimates of review periods by other agencies for tasks, such as reports, plans and coordination.
Dokken will have a Project Specific Quality Assurance and Quality Control Plan in effect for the duration of the Scope of Services. The plan will identify key personnel and responsibilities, establish a process whereby all DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
deliverables are independently checked, corrected, and back checked prior to any formal submission and all job-related correspondence and memoranda are routed and received by affected persons and then appropriately filed. Dokken will review subconsultant environmental and engineering report submittals to ensure that appropriate background information, study methodology, interpretation of data, format and content are completed in accordance with current standards.
All work products submitted to the City’s Project Manager for review will be clearly marked as fully checked and prepared per the established project quality control procedures.
Administration/Invoices/Progress Reports. Upon contract approval, Dokken will immediately process subconsultant agreements so that their Tasks can begin as quickly as possible.
Dokken will prepare detailed monthly progress reports to record ongoing progress on the Project and to support invoices submitted to the City Fiscal Division, with copy to the Project Engineer/ Manager, for payment.
Reports will include an explanation of tasks accomplished for the month, deliverables finished/submitted, anticipated tasks/progress for the next month, pending issues and schedule completion target dates (updated Project schedule). Dokken will submit monthly invoices in a format that indicates: 1) the total contract amount, 2) all costs incurred for specific tasks performed for the period (actual and percentage), 3) costs incurred to date (actual and percentage), and 4) estimated percentage of completion for each task.
Task 1F "Design Coordination" shall be utilized on an as-needed basis as directed and authorized by the City.
Individual monthly invoices will include the following:
• Consultant project manager signature
• A unique invoice number
• Appropriate backup documentation attached
• A separate invoice for each subconsultant will be attached in the same format as the prime Consultant’s invoice and will be included in the Dokken invoice.
Deliverables to City:
i. Project specific QA/QC plan. QA/QC Plan to be provided to City within 30 days of Notice/Authorization to Proceed
ii. Monthly invoices and progress reports
2. Design Services
A. Plans, Specifications, & Estimate (PS&E) Phase: 35%, 65%, 95%, 100% Submittals Dokken will complete the Design, Special Provisions, and Engineer’s Estimate of the selected alternative in compliance with Local, State, and Federal requirements and Design Standards. The Plans and Specifications will be in Caltrans Format and modified by City standards. Special Provisions based on the current Caltrans Technical Specifications will be prepared as part of the Bid Documents. Preliminary plans will be submitted at the 35% phase. The PS&E package will be submitted for review and comment by the City at the 65%, 95%, and 100% phase. The PS&E package will be signed and stamped by a Registered Civil Engineer and/or Registered Structural Engineer at the 100% phase.
At every phase, all City comments will be recorded and written responses to the comments will be prepared and provided with each submittal. Dokken will review and address all City comments on the Draft PS&E and submit final plans, specifications and engineer’s estimate for review and approval by the City.
Constructability review will be performed at the 65% and 95% submittals. The review will be performed by Mr.
Dave Clerici and UNICO Engineering. Dave will focus on the structure elements and adjacent facilities and UNICO will perform constructability review on the project as a whole.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
UNICO will perform a review of the Plans, Specifications, and Estimate (PS&E) at the 65% and 95% stage. The review will consider access during construction, traffic control and phasing, utility relocations and impacts, work zone clearances during operations, impacts to the public, railroad involvement and agreements, environmental constraints and mitigations, geotechnical considerations, survey and staking information, line and grades, roadway geometry and details, existing conditions, transitions and conforms, and specialty construction items.
UNICO will prepare a matrix with the review comments, a memo including recommendations from their constructability review as well as any other pertinent information, and a set of redline plans.
UNICO will perform a systematic review of the PS&E to identify ambiguities, inconsistencies, and conflicts in the plans, specifications, bid item schedule and compliance with funding requirements. The review will identify areas and items of uncertainty and minimize unquantified risk to the bidder that could result in contract change orders. More specifically, the review will verify plan notes, conflicts between specifications and special provisions or references, quantity calculations, bid item descriptions and exclusions, measurement and payment clauses, quality control responsibilities, and versioning of standard plans and specifications.
Deliverables to City
i. AutoCAD files for each submittal (City requires CAD files to be submitted in AutoCAD; City retains the rights to CAD files)
ii. 2 full size (22x34) hard copies per submittal (intended for Caltrans submittals) iii. 4 half size (11x17) hard copies per submittal (intended for Caltrans submittals) iv. PDF copies for each submittal
v. 65%, 95%, and 100% design calculations
vi. 65%, 95%, and 100% quantity takeoff calculations and AutoCAD quantities (if AutoCAD is used for quantities) vii. 65%, 95%, and 100% cost estimate
viii. 65%, 95%, and 100% specifications
ix. Matrix with review comments and responses to all PS&E comments, at 95% and 100% submittals x. Matrix with review comments, recommendations, and a set of redline plans from constructability and biddability reviews, at 65% and 95% Submittals
B. Assemble Specifications
Project Specifications will be based on the Caltrans 2018 Standard Specifications and Standard Special Provisions. The design team will review the City specifications and revise the project specifications to avoid conflicts during bidding and construction.
At the 65% submittal, Dokken will prepare a full set of construction specifications for the project edited in Microsoft Word per Caltrans standard procedures for editing special provisions. The special provisions will encompass all aspects of the construction, including the implementation of the environmental measures and permit-related requirements. All necessary input from the subconsultants will be gathered to create the project specifications and special provisions.
Dokken’s environmental team will review the Environmental Commitment Record and prepare it for inclusion in the project’s bid package. This effort includes reviewing each environmental measure and determining which require special provisions for inclusion in the project’s specifications. By preparing special provisions for key environmental measures, the City will receive more accurate bids from prospective contractors, and this will help minimize the possibility of construction delay or change orders associated with environmental measures that the City has committed to. Given that the project has an expedited schedule, implementing the environmental measures into the special provisions will be key to meeting the project milestones.
The draft special provisions will be submitted with hidden text visible, and changes tracked to highlight the editing performed by the design team. This editing format will comply with Caltrans procedures for editing special provisions. The draft special provisions will also be submitted in contract version for easier review.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
Dokken will review the City comments on the draft specifications and meet with the City if necessary, to discuss any revisions. Dokken will ensure that the pay items described in the Project Specifications have been thoroughly checked against all call outs in the plans and that all items of work are fully described.
At the 95% submittal, Dokken will incorporate the comments from the 65% review and will update the special provisions.
At the 100% submittal, Dokken will finalize the special provisions and prepare a “bid book” for the County based on 2018 Standards. Dokken will review the City front end specifications and revise as needed to avoid conflicts.
The bid book will include the notice to bidders, bid forms, bid bond requirements and sample contract. The bid book will be Book 1 of 3, with the Special Provisions being Book 2 of 3, and Revised Standard Specifications being Book 3 of 3.
Deliverables to City
i. 65%, 95%, and 100% Specifications and Special Provisions ii. Project Specifications and Special Provisions will be incorporated into PS&E deliverables listed in Section 2.A.
C. Assemble Cost Estimate
Total project cost will be submitted at the 65%, 95% and 100% submittals. Cost data will be based on our experience with other recent similar sized projects, Caltrans Cost Data, and data from other projects in the area.
HBP non-participating items will be identified in the cost estimate. Contingencies will be updated based on the status of the plans.
Deliverables to City
i. 65%, 95%, and 100% Cost Estimate
ii. Project Cost Estimate will be incorporated into PS&E deliverables listed in Section 2.A.
D. Construction Working Day Schedule, Resident Engineer (RE) File Working Day Schedule: A detailed working day schedule will be prepared which includes all construction tasks. The schedule will be prepared at 35% submittal and updated throughout the project. The schedule will be a living tool so that sequencing will be readily apparent. The sequence shown on the plans will be back-checked for consistency with the working day schedule.
Resident Engineer File: The Resident Engineer (RE) file will be prepared at 100% submittal. The file will include 4-scale deck contours, joint movement calculations, quantity summary sheets, staking notes as needed, and notes to the RE as needed.
Deliverables to City
i. Working Day schedule
ii. RE Pending file
E. Surveying & Mapping
Horizontal and Vertical Control Surveys: Horizontal and vertical project controls utilized to prepare the topographic surveys during the bridge type selection will be verified and supplemental controls established, as needed, to complete the design topographic survey services.
Topographic Design Surveys: Conventional ground survey methods will be utilized to verify the topographic surveys already collected during the bridge type selection phase in and around Moomat Ahiko Way, Appian Way, Ocean Front Walk, and at the Pier Deck. Survey methods will also provide supplemental topographic data for the landside end of the pier at the intersection of Colorado Avenue and Ocean Avenue, the existing bridge structure, Palisades Beach Road for the new entrance, a portion of the parking lot and bike path for the DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
temporary ramp, the bike path under the pier, and a portion of Palisades Park at Ocean Avenue. In addition, up to 3 days of field survey time has been included to support locating utility paint marks, dipping manholes and other miscellaneous surveys. The topographic data will be downloaded, processed, and tied to the horizontal and vertical control established for this project. The final deliverables will include the topographic data plotted in CAD and an ASCII file of the topographic survey points.
Record Land Net Surveys and Mapping: The record land net mapping prepared during the bridge type selection phase will be reviewed and updated. Additional cadastral research will be performed, as needed, within the county of Los Angeles, city of Santa Monica, and other applicable entities for existing centerline and right-of-way files and/or available cadastral records in support of the centerline and right-of-way of Ocean Avenue, Colorado Avenue, the Santa Monica Pier, and other adjacent and intersecting rights-of-way within the project limits.
The land net map will include record centerlines, record right-of-way of the adjacent streets, and record lots and easements taken from the recorded tract and parcel map information, as well as underlying cadastral and title information and ownership information as recorded with the Los Angeles County assessor’s offices. Preliminary title reports will only be required to identify easements adjacent to or beneath the existing bridge structure, if necessary. For the purposes of this proposal, two preliminary title reports have been included, if required, title reports will be reviewed and easements and encumbrances plotted. The information contained in the title reports will be plotted and included on the land net mapping.
Deliverables to City
i. Supplemental Topographic Mapping in AutoCAD Civil3D formats ii. Record Land Net Mapping in AutoCAD Civil3D format
iii. Preliminary Title Report in PDF format
iv. Field Notes in PDF format
v. ASCII Point Files
F. Bridge Design and Detailing
Design Coordination and Bridge Type Selection
Building on the work completed in previous phases, Dokken will assist the City with obtaining Type Selection Approval by Caltrans. This will include modifications of the previously submitted bridge General Plans and Draft Type Selection Report, supporting exhibits as requested by the City and Caltrans, attending meetings with the City and Caltrans staff, updating construction cost estimates, and responding to Caltrans comments. The final General Plan and approach retaining wall plans will be submitted to the City as part of the 35% submittal.
Bridge Design
Dokken will perform the structures design work in accordance with AASHTO LRFD Bridge Design Specifications (Eighth Edition) with California Amendments current at the time of bridge design, Caltrans Bridge Design Memos, Caltrans Bridge Design Details Manual, Caltrans Bridge Design Aids, Caltrans Bridge Memos to Designers, Caltrans Structure Technical Policies, and Caltrans Seismic Design Criteria (SDC).
Upon approval of roadway profile, roadway alignment and construction staging, Dokken will develop the design calculations and prepare plans for the new structure in accordance with Caltrans Manuals, incorporating recommendations from the Foundation Report, tsunami analysis and scour due to tsunami, and environmental documents. Design will consider all temporary, permanent, and transient loading conditions per the bridge design specifications and Caltrans Manuals. A full set of detailed bridge plans will be prepared with consideration for constructability and public safety. The detailed bridge plans will be quality checked against the 65% roadway, drainage, and utility plans, as well as hydraulic clearances, to ensure compatibility. Dokken will coordinate with the City to implement any aesthetics into the project plans, estimate, and special provisions.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
The existing bridge removal will require demolition drawings and specifications to protect the adjacent businesses, and pedestrian and vehicular traffic during construction. An Adjacent Structure Monitoring and Protection Plan will be prepared as part of Scope Section 2Q.
An independent bridge design check will be performed by Dokken. The bridge independent check engineer will use the 65%, unchecked detail plan set as a basis for independent structural calculations. A complete structural analysis will be independently performed with no communication with the designer allowed until this task is complete. A thorough review of the details is performed for clarity, capacity, City standards, Caltrans standards and constructability issues. When the independent check is complete, the checker and designer will compare their results and resolve any differences. The calculations will be corrected so that they agree substantially with each other. Agreement is then reached regarding corrections to the plans. After plan corrections, both the designer and checker will review the corrected details to ensure all concerns have been addressed.
After review comments are received from the 95% Bridge PS&E, Dokken will revise the plans and coordinate the necessary changes needed with the specifications and estimate. Written responses to the City comments will be prepared and provided with the 95% and 100% submittal. Four-scale drawings for setting bridge deck grades will be prepared.
Design of Temporary Pedestrian Bridge
The Temporary Pedestrian Bridge (TPB) foundation layout will be determined during the preliminary design phase of the structure. Burne Engineering will take into consideration all issues that would be affected; most significantly, clearances over the traffic lanes and walkways crossing under the TPB, live underground and overhead utilities, active aquarium entrance and facilities layout, construction economics of type, and eventual removal of the TPB. Based on the Bridge Type Selection Report, it was concurred that the TPB will be nearly 600 feet in length, with seven to nine spans.
To design the foundations, at first glance, two column bents comprised of drilled concrete piles with steel section columns embedded into the piles, will be investigated. It is anticipated the bents will be two-columns if the layout allows, and support steel or precast concrete caps at the tops of the columns. The caps will support the superstructure spans.
The superstructure is anticipated to be multiple spans of prefabricated trusses. However, during the 65% design phase for the Pier bridge, if it appears that there is more than one type of TPB structure that is feasible, a concise cost comparison of the viable structure types will be performed. For the prefabricated components, Burne Engineering will work with local manufacturers to develop the plans, cost estimates, and specifications.
At two foundation locations, the TPB will require a support within the footprint of the aquarium. Burne Engineering engineers will perform a detailed analysis of the impact on the existing aquarium building and TPB foundation interaction. Burne Engineering engineers will evaluate the existing pier deck capacity for the TPB design loading. Burne Engineering will compare the option of the existing deck (aquarium roof) as a temporary bridge support to the option of a new foundation that extends through the aquarium. Any additional supports for the pier and/or new foundations will be designed by Burne Engineering. All pertinent construction details will be included on the plans.
Burne Engineering will develop staging plans for the construction of the TPB and will coordinate with Dokken engineers to incorporate the details into the Staging Plans deliverables.
Design of Temporary Vehicular Bridge or Ramp
Burne Engineering will investigate two to three feasible structure type options for the Temporary Vehicular Bridge (TVB) from Parking Lot 1 North up to the Santa Monica Pier. The bridge will be designed to H20 minimum loading. Design considerations will include the unique features of the project, geotechnical parameters, construction costs, inconvenience to the public, and speed of construction in a concise preliminary design DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
analysis. This will help inform the choice of structure type to then complete the 65% design, and subsequent phases.
Burne Engineering will develop staging plans for the construction of the TPB and will coordinate with Dokken engineers to incorporate the details into the Staging Plan deliverables.
McClure Tunnel Analysis
The eastern edge of the project, consisting of retaining walls extend, extend over SR-1 and the McClure tunnel.
Analysis investigating project impacts on the tunnel may be requested by Caltrans. Mott Macdonald will perform studies and analysis which may be requested, with the full scope determined once input is received from Caltrans.
Quantity Calculations and Check Estimates
At the 65% submittal, detailed quantity estimates will be created and submitted for the project. Quantity calculations and independent quantity check calculations will be prepared per Caltrans Standards.
At the 95% submittal, the quantity and estimate comments will be addressed and an updated estimate will be submitted.
At the 100% submittal, quantities will be updated for all items that are changed between the 95% and 100% plans. The contingency will be reduced to 5% for the final estimate. Cost data will be based on our experience with other recent similar sized projects, Caltrans Cost Data, and data from other projects in the area.
Deliverables to City
i. TVB and TPB Concept Plan 35% Submittal
ii. PS&E submittals at 65%, 95% and 100% design
iii. Quantity Design and Check Calculations
iv. Structural Design and Check Calculations
v. Special Provisions
vi. Construction Cost Estimate
vii. All bridge and demolition drawings, cost estimates, and special provisions will be incorporated into PS&E deliverables listed in Section 2.A.
viii. Staging Plans will be incorporated into the Traffic Management and Staging Plans listed in Section 2.J.
G. Ground supported curtain wall under bridge near pier Dokken will coordinate with the City and any facility managers and operators to discuss impacts of the replacement curtain wall under the bridge. Dokken will first prepare design concept alternatives that will evaluate the size and layout of the wall as well as alternative aesthetic recommendations, material types, and foundation types. After receiving conceptual approval, Dokken will prepare full construction details, special provisions, design & check structural calculations, design and check quantity calculations, and a cost estimate for the curtain wall, including; the wall, foundations, attachments/impacts to existing facilities, openings, doors, and gates. The wall will be designed, sequenced, and staged in close coordination with design and construction of the bridge replacement and temporary pedestrian bridge. The design will be in conformance with all required building codes and specifications. EMI will support the design by providing foundation recommendations.
Deliverables to City
i. 35% Concept Plan Submittal
ii. PS&E submittals at 65%, 95% and 100% design
iii. Quantity Design and Check Calculations
iv. Structural Design and Check Calculations
v. Special Provisions
vi. Construction Cost Estimate
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
vii. All Curtain Wall drawings, cost estimates, and special provisions will be incorporated into PS&E deliverables listed in Section 2.A.
H. Pier Sign
Prior to construction, field visits will be performed to obtain all the necessary information to design the raised sign. The information will include sign dimensions, location of damaged areas, and metal sampling for weldability testing. All locations of damaged areas in need of repair will be documented.
To construct the new roadway approaches, the sign will need to be removed, restored as determined by the field visits, and raised to a minimum clearance of 17 feet when reset. To protect the sign, ICF will prepare the Pier Sign Preservation Plan in accordance with CR-4 of the ECR. It will include information on the sign structure as well as restoration of its neon. ICF will work with Dokken to meet this requirement in accordance with the ECR. Caltrans District 7 Cultural Resources PQS will review this document before work is undertaken.
During the design phase of the raised sign, Dokken will determine if the sign can be simply raised by adding additional lattice members that match the existing look, or if the existing members require strengthening. The proposed pedestal and any strengthening proposed will be designed in accordance with AASHTO LRFD Bridge Design Specifications and Caltrans Manuals. Furthermore, the paint condition will be evaluated in order to determine the appropriate method of blasting, cleaning, and repainting.
The existing electrical service for the sign will be abandoned or, if more appropriate, will be relocated to the new location of the restored sign. Currently the electrical disconnect and meter are mounted on the sign. For the final design the electrical disconnect and meter will be placed remotely from the sign at a location where it is not readily accessible and visible to the public but will be accessible to maintenance personnel. Coordination with SCE for the electrical service point will be initiated early in design to allow for integration in other areas of the overall design.
Dokken will prepare full construction details, special provisions, design and check structural calculations, design and check quantity calculations, and a cost estimate for the Pier Sign.
Deliverables to City
i. Pier Sign Concept Plans at 35% Submittal
ii. PS&E submittal at 65%, 95% and 100% design
iii. Quantity Design and Check Calculations
iv. Structural Design and Check Calculations
v. Special Provisions
vi. Construction Cost Estimate
vii. Draft and Final Pier Sign Preservation Plan
viii. All Pier Sign drawings, cost estimate, and special provisions will be incorporated into PS&E deliverables listed in Section 2.A.
I. Roadway Design
Dokken will design the proposed bridge geometrics to not exceed the existing tangent grade of 10.12% longitudinally. The alignment will tie into the existing Colorado Avenue and Ocean Avenue intersection as well as the pier deck as previously described. Dokken will design the pedestrian facilities such as curb ramps, sidewalk, gutters, and crosswalks proposed for replacement using ADA standards. Curb ramp improvements include Moomat Ahiko Way, Seaside Terrace, Appian Way, and Ocean Ave.
The team will design and prepare plans for the signing and striping of the new bridge. This will require conforming the Ocean Avenue intersection as well as the pier deck. Plans will include parking lot temporary DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
pavement striping and marking plans to delineate the temporary entrance and access to parking. The plans will include appropriate signage to ensure traffic circulation and pedestrian awareness.
Signs and striping will be designed per the Manual on Uniform Traffic Control Devices (MUTCD) standards.
Dokken will prepare Traffic Handling plans to demonstrate the limits of the contractor’s staging area in Lot 1 North. This will include temporary fencing, temporary pavement delineation, and temporary signage.
Dokken will incorporate the recommendations from the foundation report into the design of the retaining walls at the east abutment. The structural designer will work closely with the roadway designer to ensure the layout of the retaining walls avoid any conflict with existing and proposed project features. Structural calculations will follow AASHTO LRFD Bridge Design Specifications (Eighth Edition) with California Amendments and Caltrans Manuals.
The temporary driveway into Lot 1 North will ensure sidewalk modifications include curb ramp improvements to maintain an ADA path along the existing sidewalk along Appian Way.
Dokken will prepare plans for the restoration of Lot 1 North parking lot to ensure it is restored to preconstruction configuration. Plans will include striping, signage, construction details for the removal of the temporary driveway, and restoring the curb and sidewalk.
Dokken will account for the temporary relocation of the entry kiosk to a temporary location directed by the temporary driveway. This will prevent the kiosk from being damaged by the contractor if they were to remain at the current location. The plans will include placing the kiosks back to the preconstruction entrance location.
Dokken will prepare the signing and striping plans to restore the parking lot configuration to preconstruction circulation. This includes any pedestrian paths reconfigured by the contractor.
The design team will prepare plans and specifications instructing the contractor to reconstruct the parking lot damaged pavement and restriping the lanes, markings, and signs per preconstruction configuration. Dokken and MIG will prepare civil design under the bridge, east and west sides of Ocean Front Walk as well as well as conforms to Ocean Front Walk.
Feasibility and alternatives of placing bollards at the top of Colorado Ave, prior to the bridge will be investigated and recommendations will be made to the City. Considerations will include type and function, operations in a marine and sandy environment, and control. The City desires the ability to raise and lower the bollards remotely.
Upon City approval of a bollard type and system, Dokken will develop plans, specifications, and a construction cost estimate. If the bollards are placed within Caltrans right of way, Dokken will coordinate with Caltrans to obtain approval. The approval process will likely include providing mechanical, electrical and structure plans, structure calculations, and obtaining written approval for these plans. Impacts to the McClure Tunnel will be determined if requested by Caltrans.
Preliminary 35% plans will be submitted to the City for review and approval prior to proceeding to 65% design.
The 35% plans will include Colorado Avenue horizontal and vertical layout, parking lot and reconstructed parking lot entrance concept plans, traffic handling, detour and ADA routes plans, and pedestrian and vehicle temporary bridge layouts. It is estimated that the plan sheets will include a Title Sheet, Typical Cross Sections, Layout/Profile sheet, General Plan and Foundation Plan.
Upon receipt of City comments, Dokken will address the comments and update the plan set in the 65% plan submittal.
Deliverables to City
i. Roadway plans at 35% Submittal
ii. PS&E submittals at 65%, 95% and 100% design
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
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iii. Special Provisions
iv. Quantity calculations and Cost Estimate
v. Roadway design, plans, cost estimate, and special provisions will be incorporated into the PS&E deliverables listed in Section 2.A.
J. Traffic Management & Staging Plans
Dokken will develop traffic management and staging plans for the proposed detours. Detours include pedestrian routes with ADA, vehicular, and bicycles. Signage and striping will be detailed for temporary routes.
Staging plans will list the order of construction necessary to ensure pedestrian routes are in place prior to the removal of ADA facilities. Restrictions will be included in the special provisions. Detours will include temporary striping and signing for Palisades Beach Road and Appian Way, Pier deck at the intersection with temporary vehicle ramp from Lot 1 North, Pacific Coast Highway and Palisades Beach Road exit, Appian Way and MAW East and West. Pedestrian and bicycle detour for Ocean Front Walk will be added in coordination with structural design of the temporary Pier deck temporary vehicle ramp from Lot 1 North.
Deliverables to City
i. Traffic Management and Staging Plans at 35% Submittal ii. PS&E submittals at 65%, 95% and 100% design
iii. Special Provisions
iv. Quantity calculations and Cost Estimate
v. Traffic Management and Staging plans, cost estimate, and special provisions will be incorporated into the PS&E deliverables listed in Section 2.A.
K. Drainage Design, Stormwater Pollution Prevention Plans (SWPPP) BMPs General Site Drainage Analysis
Dokken will review the existing drainage patterns and facilities within the project limits. We are aware of the City’s stormwater and water quality treatment facilities within the project limits and will obtain as-built information on those facilities as well as confirm their locations as part of the analysis. Proposed drainage features will be designed to collect runoff and convey it to the adjacent existing facilities.
Existing and proposed drainage patterns and analysis of facilities will be documented in a project Drainage Report (draft and final).
Drainage Design for Bridge
Deck drains will be designed to collect and convey drainage from the bridge deck and connect to the existing drainage infrastructure. The analysis will be documented in the project Drainage Report.
Stormwater BMP Design
Stormwater quality Best Management Practices (BMPs) will be required to treat stormwater from the project.
The preferred strategy will be to tie into the existing onsite treatment system. The BMP design will be documented in the project Water Quality Management Plan (WQMP).
Water Quality Management Plan
The project WQMP will document the project’s stormwater management strategy. This task will also be used for coordinating stormwater and drainage with the California Coastal Commission. A draft and final WQMP will be prepared for the project and show that project BMPs meet the City’s MS4 permit requirements.
Stormwater Pollution Prevention Plans (SWPPP)
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A preliminary SWPPP will be prepared for the project according to the requirements of the Stormwater Construction General Permit for the purposes of estimating construction stormwater BMP costs and providing a basis for the construction contractor to follow. The construction contractor will be required to review and adopt the preliminary SWPPP or compile their own for the construction phase of the project.
Deliverables to City
i. Draft and Final Drainage Report
ii. Draft and Final WQMP
iii. Drainage Plans at 35% Submittal
iv. PS&E submittals at 65%, 95% and 100% design
v. Special Provisions
vi. Quantity calculations and Cost Estimate
vii. Drainage plans, cost estimate, and special provisions will be incorporated into the PS&E deliverables listed in Section 2.A.
L. Geotechnical Recommendations
Earth Mechanics, Inc. (EMI) will provide the geotechnical engineering design services for the following design elements:
1. Santa Monica Pier Bridge Replacement with associated eastern abutment and retaining walls.
2. New pedestrian bridge parallel to the Pier Bridge.
3. Temporary access ramp.
4. Multiple at-grade structure improvements (curtain walls, trash compactor, guard shack, pier sign).
5. Structural pavement sections including recommendations for repaving portions of Appian Way, Palisades Beach Road, and Lot 1 North.
6. Evaluation of proposed improvements on the McClure Tunnel.
Details of the proposed geotechnical services for the project are presented below.
Geotechnical Investigation
Per Caltrans/AASHTO recommendations, a soil boring is required at every support of new bridge structures, every 100 to 200 feet for new retaining walls and approximately every 500 ft for new pavement sections. EMI’s geotechnical field investigations plan is presented in Table 2. The boreholes will be excavated using a truckmounted or track-mounted drilling rig. The proposed approximate boring depths will be raised if refusal is encountered. The target depth of borings is 20 ft below the tip of proposed structure foundations. Asphalt concrete cold-patch will be used to replace asphalt that is removed by excavations, and quick-set cement will be used to replace concrete that is removed by excavations.
There are existing CPT soundings and geotechnical borings that EMI performed in 1997; however, none of the borings were advanced to the necessary depth to meet the current Caltrans requirements (primarily depth).
Due to access for drill rigs in the area, borings may not be able to be advanced within 15 ft of the proposed foundations; therefore, a design exception may be required by Caltrans.
Table 2: Proposed Soil Boring Information
Design Element Number of Borings Target Depth (feet)
Pier Bridge & Pedestrian Bridge 7 125
Retaining Walls / Pier Sign 1 40
Temporary Ramp 1 60
Earthwork / Pavement 5 10 / Bulk Sample
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Environmental clearance for the field investigation is anticipated to require coordination with multiple resource agencies (i.e., Coastal Commission). Preparation of the permitting documents with the environmental agencies will need to be obtained by the environmental consultants contracted with Dokken or the City of Santa Monica.
EMI will assist the environmental consultant in the preparation of the permit applications by providing a work plan and boring location plan for the geotechnical investigation. Archaeological, cultural, and biological reviews or studies, if required, will be performed by other consultants contracted by Dokken or the City. A field investigation schedule will be prepared by EMI to assist in the coordination of any necessary environmental monitoring during the geotechnical investigation.
EMI field personnel will collect soil samples for laboratory testing, including bulk samples of near-surface soils and small disturbed and relatively undisturbed ring samples of deeper soils. The small, disturbed and relatively undisturbed soil samples will be collected using split-spoon samplers at a vertical interval of about 5 feet, alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged during the field investigation, secured in their containers or collected in plastic bags, and transported to the EMI laboratory.
Geotechnical Engineering Analyses
Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purposes. The following analyses will be performed for the project:
• Evaluation of seismicity and estimation of Peak Ground Acceleration based on the Caltrans design criteria, and recommendation of ARS curve for bridge structural design. • Foundation analysis for bridges, pier widening, retaining walls, signs, and at-grade structures. • Assessment of global slope stability (including trenches, excavations, and shoring). • Evaluation of soil corrosivity conditions and recommendations for mitigation measures. • Design of pavement structural section in accordance with the Caltrans method or City of Santa Monica standard drawings.
Report Preparation
EMI will prepare up to three (3) geotechnical reports according to Caltrans guidelines; (1) one FR for the Pier Bridge, (2) one FR for the Pedestrian Bridge, and (3) one Geotechnical Design Report that will contain foundation recommendations for all the non-bridge structures as well as earthwork and pavement recommendations.
Evaluation of the impacts on the McClure Tunnel will be included in the FR for the Pier Bridge. EMI will address any comments resulting from Caltrans and City of Santa Monica review and prepare final reports.
Deliverables to City
i. Draft and Final Pier Bridge Foundation Report
ii. Draft and Final Temporary Pedestrian Bridge Foundation Report iii. Draft and Final Geotechnical Design Report
M. Landscape Design
MIG will prepare the plans, technical special provisions, quantities, and cost estimate for the landscape reconstruction in Palisades Park and along slopes next to the bridge and entrance to Lot 1 North. Additionally, MIG will design and prepare the plans for development of the community plaza space underneath the reconstructed bridge; this will include hardscape (flatwork, seating, furniture), planting, and irrigation design.
During 65% design, MIG will attend a project kick-off meeting with the City and Dokken in order to review the vision for the project, the landscape scope of work, establish lines of communication, and review the project schedule. MIG will perform site visits as required to review the existing site conditions and become familiar with the design factors including but not limited to site orientation, sun angles, potential view angles, site grade elevations, drainage patterns, utility locations, and existing vegetation. Individual files will be created for DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
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landscape construction, hardscape, irrigation, and planting to facilitate coordination with consultant team.
Particular attention will be given to refining the design of public spaces, site perimeter, hardscape materials (pedestrian and vehicular pavements), drainage concept, irrigation, planting, light fixtures, and site furnishings.
The deliverables will include a draft and final PS&E package, Material samples (i.e., hardscape samples, paint chips, etc.), and material cut sheets (i.e., site furniture, irrigation equipment, plant material, etc.) will be submitted to the City for review and approval.
At 95% design, MIG will finalize the tree disposition plan. MIG will review and respond to all the comments from the 65% submittal and assemble a draft and final 95% PS&E package.
Based on the comments received, MIG will update the design and assemble Final 100% PS&E Package (Bid Set) for the landscape scope of work.
Dokken’s in-house ISA-Certified arborist Scott Salembier (WE-12418A) will complete an arborist survey and report of all trees within the project footprint. As part of the arborist survey, the arborist will map each tree with GPS, identify the species, measure stem diameter, install a tree tag, and evaluate each tree for evident signs of health decline or structural hazards. An Arborist Report will then be prepared to document tree resources within the project footprint, determine potential project effects to trees, and recommend specific trees to be removed or protected in place. The Arborist Report will also include an evaluation of potential indirect effects to a nearby heritage tree and general compliance with the City’s Urban Forest Master Plan.
Deliverables to City
i. Landscape Plans at 35% Submittal
ii. PS&E submittals at 65%, 95% and 100% design
iii. Special Provisions
iv. Quantity calculations and Cost Estimate
v. Draft and Final Arborist Report
vi. Landscape plans, cost estimate, and special
provisions will be incorporated into the PS&E
deliverables listed in Section 2.A.
N. Utility Coordination & Design
Dokken will coordinate with utility companies and the City's utility departments impacted by the project. It is understood that most utility owners' response times vary; therefore, the Dokken team will be diligent in coordinating with the utility owners and make sure design decisions and relocations will adhere to the City's accelerated construction schedule. In addition, the Dokken team will facilitate coordination between the Mechanical, Electrical, Plumbing (MEP), and Fire Protection (FP) consultants and the utility owners. To keep communication precise, Dokken will document and keep a record of all communication through a utility tracking matrix.
Upon receiving the Notice-to-Proceed, Dokken will immediately prepare and present "A-Letters" to Utility Owners requesting most current and update utility as-builts. Once the as-builts and mapping have been received, they will be transferred into Dokken's Utility CAD Basefile and be used to determine if there will be any conflicts with the proposed improvements.
Dokken will also prepare and present "B-Letters" and request relocation plans. While coordinating relocation designs with utility companies, Dokken will maintain and update the utility CAD basefile. Once relocation plans are complete, the Dokken team will prepare and present Notice to Owners ("C-Letters") to specify relocation expectation dates either before or during construction.
The Dokken team will coordinate the relocation designs for water and sewer lines with the City of Santa Monica and prepare PS&E. It is assumed one water service line will require relocation near Ocean Front Walk and one sewer main pipe will require relocation near Appian Way. P2S will design the capping of the service connections to existing bathrooms.
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Terrestrial LiDAR and conventional ground survey methods will be utilized to capture the existing utilities located underneath the existing bridge and pier, where accessible by personnel. This will require the ability for personnel to walk underneath and enter the area by foot. Efforts will be made to capture visible utilities within the area underneath the existing bridge and pier, but if utilities are not visible or are obstructed, they may not be included in the survey. The limits of lidar mapping under the pier will extend from the western end of the aquarium facilities to the limit of pier widening to the west (distance of approximately 210 feet), and include a distance approximately 40 feet wide, measured from the northern end of the pier.
The LiDAR data will be downloaded, processed, and tied to the horizontal and vertical control established for this project. The final deliverables will include the utility data plotted in CAD. Dokken will prepare Building Information Modeling (BIM) design using Civil3D Pipe Networks for proposed utilities and existing utilities at risk of conflict, to verify all conflicts are identified and resolved. Data to be used for BIM preparation includes survey measurements to exposed pipelines, measurements to 7 potholes, and as-built mappings.
In addition, utility pothole survey support will be provided. For the purposes of this proposal 7 utility potholes have been included. The utility pothole surveys will be performed in one mobilization once the pothole investigation has been completed.
Special Provisions, Quantities, and Cost Estimates will be prepared for utility relocations that will be paid for with project funds, including utility facilities owned by the City and any Utility Companies with prior rights.
Lastly, the Dokken team will submit Report of Investigations (ROI) for all Utility Owners.
Deliverables to City
i. Utility tracking Matrix
ii. Utility CAD Basefile
iii. 35% Concept Plan Submittal
iv. PS&E submittals at 65%, 95% and 100% design
v. Special Provisions
vi. Quantity Calculations and Cost Estimate
vii. Utility plans, cost estimate, and special
provisions will be incorporated into the PS&E
deliverables listed in Section 2.A.
O. Mechanical, Electrical, Plumbing and Fire Protection Design (MEP & FP) P2S will be the primary designer for the MEP and FP modification and improvements to the pier project. The fire sprinkler standpipe serving the area under the pier will be relocated as necessary for the other improvements.
Water service for the fire system will be coordinated with the civil and utility work in the area.
The SCE vault beneath the pier will be relocated to a more adequate location. Temporary high voltage and low voltage (below 480V) will also be provided for distribution to the various facilities needing electrical service.
Where possible, service runs and raceways will be consolidated for a cleaner look.
Above grade utilities presently located under the bridge and connecting to the pier facilities will be relocated and reconnected, including sewer, water, gas and electrical services. P2S will coordinate fiber optic/telephone and gas utilities to be designed by the corresponding providers. P2S will also design MEP and FP for the aquarium offices at the reconstruction of the common wall. Final scope of the work will be confirmed based on additional record as-builts and site investigation of the area. It is expected that the existing generator will be relocated prior to the start of the bridge and pier project.
P2S will work closely with the City to coordinate any relocations for the utilities impacted by the project. Special provisions specifying work not covered by the standard specifications will be provided as necessary for the MEP and FP work. Engineer’s estimate for the work will be provided along with the quantity of materials expected to be needed for the work.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
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Deliverables to City
i. 35% Concept Plan Submittal
ii. PS&E submittals at 65%, 95% and 100% design
iii. Special Provisions
iv. Quantity Calculations and Cost Estimate
v. MEP and FP plans, cost estimate, and special
provisions will be incorporated into the PS&E
deliverables listed in Section 2.A.
P. Pier Widening & Modification
To support the temporary pedestrian and vehicle bridges on the existing pier, the framing and foundation of the existing pier and incorporated building must be fully understood and documented by any available as-built plans or field inspection. Dokken and Burne Engineering will review all available as-builts and visit the site to perform a structural inspection to confirm or document the configuration and condition of the framing and foundation, including existing interior partition walls. This may involve removal of portions of the finish materials to access and observe all portions of the structure within the potential area of work especially the pier deck, railing, and walls common to the existing pier deck as they will be supporting the temporary structures.
Following the documentation of the as-built condition, Dokken will first prepare design concepts that will evaluate alternatives to not only widen the pier to align with the replacement bridge edge of deck, but also strengthen/rehabilitate/temporarily support the existing pier at the location of support of the temporary structure touchdown points, the Hippodrome, and aquarium roof. Design concepts will include the size, layout, temporary structure touch down points, construction access, demolition, and material types used for the pier widening and modifications. The details of the joints and connections between existing, new and temporary structures will include any seismic, thermal or live load deflections, and loads to ensure flashing/waterproofing details, pedestrian access/safety are maintained during and after construction and capable of accommodating movements and loads as necessary. After receiving conceptual approval, Dokken and Burne Engineering will prepare full construction details, special provisions, design & check structural calculations, design and check quantity calculations, and a cost estimate for the Pier Widening, strengthening, rehabilitation and temporary supports, including common walls, replacement of the aquarium roof, foundations, and attachments/impacts to existing facilities. These modifications will be designed, sequenced, and staged in close coordination with design and construction of the bridge replacement and temporary bridges. Design will be in conformance with all required building codes and specifications and AASHTO LRFD and Caltrans codes and guidance documents.
Deliverables to City
i. Pier Widening Concept Plan 35% Submittal
ii. PS&E submittals at 65%, 95% and 100% design
iii. Quantity Design and Check Calculations
iv. Structural Design and Check Calculations
v. Special Provisions
vi. Construction Cost Estimate
vii. All pier widening and modification plans, cost
estimate, and special provisions will be
incorporated into the PS&E deliverables listed
in Section 2.A.
Q. Historic Architect/Preservation Specialist
ICF will administer this scope of work, including the scheduling of resources; handling e-mail and telephone communications; responding to requests for information; briefing the internal project team on project status; preparing invoices and tracking budget; and other general project administration tasks. All work will be performed by a National Environmental Protect Act (NEPA) Certified Professional/Architect that meets EIR/EA qualifications.
ICF will attend no more than ten (10), one-hour virtual meetings with Dokken to discuss plans, documents, and deliverables and ICF will attend no more than five (5), one-hour virtual meetings with the City of Santa Monica Landmarks Commission. The budget for this task includes preparation for the meetings, and assumes that two ICF team members will participate in each meeting.
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ICF will review three sets of plans: 65%, 95%, and 100%, as both AutoCAD files and electronic PDFs. For each set of plans, ICF will review the plans and provide feedback given in the form of a short memo to Dokken to ensure that the plans comply with completed environmental documents. ICF will prepare two memos per plan set for a total of six memos. The first memo for each plant set will provide issues that should be resolved, if any are present, and the second will update the record to note how issues were addressed and/or resolved. Meetings, as listed under the Task 7 below, will accompany this work as needed.
ICF will not be responsible for the Landscape Reconstruction Plan, but ICF will review the plan to determine that the proposed replacement landscape elements are appropriate for the reconstruction of Palisades Park, which National Register of Historic Places eligible and is a designated City of Santa Monica landmark. ICF will provide a memo with its comments regarding this plan.
ICF will complete a walkthrough when construction meets 50% complete, as well as 100% complete, as required per the Environmental Commitments Record. When the construction meets 50% complete, ICF will prepare and submit a document that records the status of the project’s various elements. The document will note what has been completed and what needs to be completed, in addition to any special notes. The document will take the form of a cover memo accompanied by a table.
When construction meets 100% complete, ICF will also prepare and submit a document that records the status of the project’s various elements. The document will confirm that all required construction components have been completed, in addition to any special notes and digital photographs of the restored Pier Sign. The document will take the form of a cover memo accompanied by a table.
ICF will prepare an Adjacent Structure Monitoring Plan in accordance with CR-3 of the Environmental Commitment Record (ECR). Mr. Heller, ICF’s historic architect, and team of historic preservation specialists will work with Dokken to meet this requirement. The Monitoring Plan will define appropriate and reversible protective measures as well as performance standards, as identified in the proposed mitigation measures. As part of the development of the Adjacent Structure Monitoring Plan and prior to demolition of the existing bridge, ICF’s team will photograph the historic properties to record their existing pre-construction conditions, existing settings conditions, and identify character-defining features of Looff’s Hippodrome and 1601-1619 Ocean Front Walk. As packaged and in accordance with the ECR, Caltrans District 7 Cultural Resources PQS will review this document before work is undertaken.
Deliverables to City
i. Two memos per percent-complete plans, for a total of six (6) electronic memos. Each memo will undergo internal QA/QC and editing. The first memo will be a record for Dokken to guide their engineers with any suggested design changes. The second memo for each set of plans will memorialize how issues were addressed and resolved and will also be a document of record. ICF will not prepare or address comments from Dokken; but each memo will be a completed document upon submittal. ii. Adjacent Structure Monitoring Plan, which will include a draft plan, response to three rounds of comments (Dokken, City, and Caltrans), and one final with:
a. Digital set of photographs of Looff’s Hippodrome and 1601-1619 Ocean Front Walk property and accompanying photo log.
b. One document (format to be determined) per historic property identifying character-defining features c. The task does not include the development of a shoring plan if it is determined that historic properties maybe be adversely affected by construction.
iii. Memo to File Landscape Design Plan review.
iv. ICF will submit the 50% memo and 100% memo draft and final form, and ICF will respond to one round of comments from Dokken and one round of comments from the City.
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R. Miscellaneous Facility Relocations
Miscellaneous facility design will include temporary and permanent relocation of the trash compactor, relocation of stairs under the bridge, possible reconstruction of retaining wall adjacent to the bridge, removal of existing debris under the bridge, and removal of temporary office under the bridge.
Dokken, with support from P2S, will prepare concept plans for relocating the trash compactor and relocating the stairs. The plans will be included in the 35% submittal for review and approval by the City. After receiving conceptual approval, Dokken and P2S will prepare full construction details, special provisions, design & check structural calculations, design and check quantity calculations and a cost estimate for the trash compactor temporary and permanent relocations and stair relocation. These will be designed, sequenced, and staged in close coordination with design and construction of the bridge replacement and temporary bridges. Design will be in conformance with all required building codes and specifications and AASHTO LRFD and Caltrans codes and guidance documents.
The project specifications will also include removal of debris from under the bridge. v. Trash Compactor and Stairs Concept Plan 35% Submittal vi. PS&E submittals at 65%, 95% and 100% design
vii. Quantity Design and Check Calculations
viii. Structural Design and Check Calculations
ix. Special Provisions
x. Construction Cost Estimate
xi. All plans, cost estimate, and special provisions will be incorporated into the PS&E deliverables listed in Section
2.A.
S. Lighting & Electrical Design
Dokken will work with the city to choose appropriate light fixtures and light poles that are true to the historical themes of the bridge, pier deck, and pier edge. LED lighting with warm tones will be utilized both to avoid harsh white lighting and to replicate the lighting from earlier eras of the pier. Poles having an antique or historical appearance related to the themes of the pier will be used along with pole heights and sizes that proportional to the area and space being lit. and that provide appropriate levels of lighting. Historical photos of the bridge approach and to the pier deck and pier edge will be consulted. Lighting analysis will be completed, and renderings provided to ensure that the design is acceptable before being constructed.
Existing lighting electrical service points and service disconnects along with electrical meters will be investigated from field visits and consulting as-built plans of the pier and bridge approach. Dokken will coordinate with SCE for any new electrical service points including any existing service points that need to be upgraded.
The pier sign will be removed and replaced near the existing locating along Colorado Avenue. The existing electrical service point and meter presently located on the pier sign will be abandoned and a new service will be coordinated with SCE. The new electrical service will be located at a more appropriate location, remote from the sign but with access to maintenance personnel. Dokken will coordinate with P2S who is doing the sign restoration plan and confirm the exact electrical requirements of the sign and the new electrical service.
Special provisions for the lighting and electrical design of the lighting will be developed, using appropriate language from the City’s Standard Specifications, Caltrans Standard Specifications and Special Provisions, and the Standard Specifications for Public Works Construction as appropriate. Special language and details will be developed where standard language does not cover the uniqueness of the project’s lighting and electrical needs.
Quantities will be developed and submitted at the 65%, 95% and final submittal packages. Estimates based on the electrical quantities will be provided and updated as the project is finalized. Dokken will use various DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
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resourced and their experience to provide the City with relevant and accurate quantities and engineer’s estimated for this portion of the work.
Deliverables to City
i. 35% Concept Plan Submittal
ii. PS&E submittals at 65%, 95% and 100% design
iii. Special Provisions
iv. Quantity Calculations and Cost Estimate
v. All Lighting and Electrical Design plans, cost estimate, and special provisions will be incorporated into the PS&E deliverables listed in Section 2.A.
T. Hazardous Waste
Geocon will perform soil sampling and analysis of aerially deposited lead (ADL) within the project limits and an asbestos containing materials (ACM) and lead containing paint (LCP) survey of the Santa Monica Pier Bridge and attached aquarium building. The information obtained from the ADL investigation will be used to evaluate soil disposal costs and identify health and safety concerns. The information obtained from the ACM/LCP survey will be used for waste profiling, coordinating asbestos removal activities, and estimating associated costs. Other environmental document services will be negotiated in an as-needed basis.
Pre-Field Activities
A Health and Safety Plan (HSP) will be prepared for the proposed field activities. The HSP will provide guidelines on the use of personal protective equipment and the health and safety procedures to be implemented during the project as specified in T8 CCR §1529, T8 CCR §3203, T8 CCR §3204, T8 CCR §§5095-5100, T8 CCR §5144, and T8 CCR §5192. Underground Service Alert will be contacted to delineate public utilities and easements within the site prior to performing excavation operations.
Field Activities – ADL Investigation
Geocon will advance up to 10 hand-auger borings within the project limits. The borings will be located within areas of exposed soil in the vicinity of the bridge.
Soil borings will be advanced to a maximum depth of approximately 4.0 feet using hand augers. Soil samples will be collected at the following depth intervals: 0 to 0.5 foot, 1.0 to 1.5 foot, 2.5 to 3.0 feet, and 3.5 to 4.0 feet. A total of up to 40 soil samples will be collected at selected depth intervals. Completed soil borings will be backfilled to surface with the soil cuttings.
Boring locations will be surveyed using Global Positioning System (GPS) surveying equipment.
Laboratory Analyses
Samples will be analyzed for the following constituents:
• Up to 40 samples will be analyzed for total lead using EPA Test Method 6010. • Soil samples with total lead concentrations exceeding 50 milligrams per kilogram (mg/kg) (i.e., ten times the STLC) will be further analyzed for soluble lead using the Waste Extraction Test (WET). For budgeting purposes, we have assumed that 40 samples will require additional analysis by the WET method. • Up to 10 samples with total lead concentrations greater than 100 mg/kg or WET lead concentrations greater than 5.0 milligrams per liter (mg/l) will be further analyzed for soluble lead using the Toxicity Characteristic Leaching Procedure (TCLP) method.
The samples will be analyzed on a 10-day turnaround time following submittal to the laboratory.
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Bridge ACM and LCP Survey
An ACM survey will be conducted on the bridge structure and the attached building currently occupied by an aquarium. Samples for asbestos analyses will be collected in a manner that minimizes damage to the structures but that is consistent with the goal of representative sampling of each homogeneous area.
Samples collected for asbestos analysis will consist of bulk samples of each type (homogenous area) of potentially asbestos-containing material from the bridge. Sample locations will be indicated on diagrams presented with the final reports. The bulk samples will be collected by a Geocon Asbestos Hazard and Emergency Response Act (AHERA)-trained and Cal/OSHA Certified Asbestos Consultant (CAC). Photographs of each structure in general and of the sample locations in particular will be taken and included in the final reports.
Samples will be transported to a certified environmental laboratory using chain-of-custody documentation.
When the asbestos content is visually estimated to be less than 10% in a material, the Client may elect to (1) assume the amount is greater than 1% and treat the material as asbestos-containing, or (2) request verification of the amount by PLM point counting. If the results obtained by point counting and visual estimation are different, the point count result must be used. When no asbestos is detected by PLM, point counting is not required.
The scope assumes that up to 88 samples of suspect ACM will be collected during the bridge survey for analysis by PLM and that ten ACM samples will be further analyzed by point counting.
Bulk paint samples of deteriorated potential LCP will be collected using techniques presented in United States Department of Housing and Urban Development (HUD) guidelines. In addition, each painted area sampled will be evaluated for evidence of deterioration such as flaking or cracking.
Paint samples will be submitted for lead analyses in accordance with EPA Test Method 6010B under chain-ofcustody protocol on a 10-day turnaround time.
Paint samples that exhibit a total lead concentration greater than 50 milligrams per kilogram (i.e., greater than ten times the soluble threshold limit concentration) will be analyzed via the WET. Those paint samples that exhibit a soluble (WET) lead concentration greater than 5.0 mg/l will be analyzed for soluble lead by the TCLP test.
The scope assumes that up to 12 samples of suspect LCP will be collected during the survey for analysis for total lead, that six samples will be further analyzed for WET soluble lead, and that six samples will be analyzed for TCLP soluble lead.
Report Preparation
Draft versions of the reports will be prepared to transmit the field observations, laboratory data, data evaluation and statistics, and conclusions for both the ADL survey and the ACM/LCP Survey. The reports will include diagrams of sample locations and laboratory results presented in tabular format. A professional geologist (PG) will review/sign the ADL Survey report. Draft report will be transmitted to the Client via e-mail in electronic format (.pdf file). Final reports will be submitted after the Client provides written draft report review comments.
Deliverables to City
i. Hazardous Waste Sampling Analysis Plan
ii. Draft and Final ADL Report
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
3. Permit Assistance
A. Prepare submittal for Caltrans encroachment permit (see H14 for as-builts of the Pier Bridge and the Caltrans-owned McClure Tunnel and Attachment H03- Draft BTSR page 29) Dokken will obtain 2 Caltrans District 7 Encroachment Permits for the project. The first application will be for preliminary engineering activities in the State right of way including site review, topographic surveying, potholing, and geotechnical exploration. This encroachment permit will cover Dokken and the sub-consultants performing the work as well. The second permit will be for construction of the project and will include coordinating Caltrans approval of the project plans (for work in the State right of way). This permit will be included as an attachment to the special provisions for the project so the Contractor will be aware of the permit requirements.
On each permit review cycle from Caltrans, Dokken will respond to comments on the permit application and revise/resubmit the application, reports and plans as necessary to obtain the Caltrans Encroachment Permits for engineering and construction. The preliminary engineering permit is usually only 1 or 2 submittals, whereas the construction permit typically takes 2 or 3 submittals.
B. Prepare submittal for Coastal Commission Permit
Commission Coordination
Kick-off Meeting and Information Review
Dudek’s coastal planners will review project information, including the opportunity to initiate correspondence between the Commission and the City, while also using relevant documents provided by the City such as past permits. Dudek coastal planners will then participate in the kick-off meeting with City staff from the Public Works Department, Development Services Department, and/or City Manager’s Office to review existing conditions and discuss project approach and features of the bridge design requirements.
Commission Coordination
As described in the Project Understanding section, Dokken and Dudek will coordinate with City personnel and Commission staff to confirm the relevant Coastal Development Permit (CDP) jurisdiction and determine the appropriate permitting procedures. Dudek coastal planners will then evaluate the project’s consistency with applicable CCA/LUP policies to identify potential issues, including those described above. Based on this evaluation, Dudek coastal planners will prepare for and attend meetings with City and Commission staff to discuss the proposed design, including the wave and sea level rise adaptation analysis, alternatives analysis, impact determinations, and any mitigation. One of these meetings may be a site visit with the Commission staff engineer. To efficiently engage Commission staff, these discussions could also occur as part of any regularly scheduled coordination meetings between the City and the Commission. As appropriate, and based on Commission staff feedback, Dudek coastal planners will assist the City and project team to incorporate project modifications demonstrating the project’s consistency with coastal resource protection policies. This coordination prior to preparation and submittal of the formal CDP application package will ensure a more complete application and minimize the additional requests from Commission staff during the CDP application review process.
Assumptions:
• The kick-off meeting will include up to two (2) Dudek and one (1) Dokken staff attending • Kick-off will use a virtual platform (MS Teams, Zoom, or other system) • Commission coordination includes the site visit plus 3 additional meetings with up to two (2) Dudek staff attending.
Commission CDP
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
Dudek will coordinate with Dokken, the City and Commission staff throughout the CDP process. Dudek will assemble the CDP application package, including completing the Commission CDP application form, compiling all required attachments, and preparing a submittal letter that summarizes environmental information, coastal hazards analysis, and relevant technical studies conducted by others to demonstrate compliance with applicable policies.
Following the Commission staff’s first 30-day review of the application submittal, Dudek coastal planners will review any requests for additional project information and provide recommendations to deem the application complete and prepare for the decision-maker hearing. Because the project is located in a highly utilized shoreline site with extensive public access facilities, this scope assumes three 30-day Commission incomplete letter/review cycles to thoroughly address potential impacts to coastal resources. Dokken will provide oversight during preparation of the application.
After the CDP application is formally filed, Dudek will coordinate with CCC staff during development of the staff recommendation. Prior to the public Commission hearing on the CDP application, Dudek will review the final Commission staff report/recommendation and discuss the findings with the City. As needed, Dudek will support the City in preparing a presentation to address the staff recommendation and any specific special conditions. In addition, Dudek will attend the Commission hearing and be available to answer questions that come up during the hearing.
Assuming that Commission approves the CDP, and the City is supportive of the approved conditions and release of the permit, Dudek will help the City compile all of the materials needed to satisfy the special conditions of the permit. Dudek will coordinate with Commission staff, as necessary, to oversee issuance of the permit.
In summary, Dudek’s CDP support services include the following:
• Preparation of a CDP application package
• Preparation of two responses to CCC incomplete letters • Review of Commission staff report, including conditions of approval and findings • Preparation for and attendance of Commission hearing to support City’s presentation, if necessary • Compilation of condition compliance materials
Given the level of uncertainty that exists in projects that involve the Commission staff and commissioners, including unanticipated data needs and technical study following review of application materials, along with the level of support required at the public hearing, additional work authorization may be required and would be subject to separate scope and fees.
Assumptions:
• Commission coordination during Task 1.2 and the CDP process will be managed via email, conference calls, and other means of electronic communications;
• One (1) potential coordination team meeting (virtual platform) with Commission staff and the City is included to account for the potential need for concurrence on the staff report and corresponding conditions of approval.
Coastal Hazards Analysis
The Pier Bridge Replacement project is located at the base of Santa Monica Pier and fronted by a wide sandy beach which is stabilized by a submerged breakwater offshore. The site is well protected from present day coastal hazards associated with seasonal and event-based erosion and wave runup. However, more extreme events, such as a tsunami, in combination with Sea Level Rise (SLR) could result in flooding that extends to the project area.
The purpose of this site-specific coastal hazard analysis is to evaluate how existing and future coastal hazards may interact with the proposed project features. The approach has been developed to address the Tsunami DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
Analysis (RFP Addendum 1) and support the Coastal Development Permit application, providing an analysis consistent with the California Coastal Commission’s Sea Level Rise Policy Guidance (CCC, 2018).
Dokken’s sub consultant, GHD, will perform all Coastal Hazards Analysis tasks. GHD will participate in a kickoff/coordination meeting with the design team to gain an understanding of the overall project and confirm the methods and approach applied in the coastal hazards analysis align with the design criteria and local and state SLR guidance documents.
Sea Level Rise
Our approach is founded upon an understanding of coastal processes and hazards, sea level rise science and policy guidance published by the Ocean Protection Council (OPC) and California Coastal Commission (CCC).
These documents provide a framework for evaluating potential impacts from coastal hazards associated with sea level rise and identifying adaptation strategies to mitigate these impacts. For budgeting purposes, we assume that four (4) SLR scenarios will be evaluated, representative of the Project’s design life and risk tolerance.
Coastal erosion and Flooding:
Coastal hazards such as shoreline erosion and flooding will be evaluated for each of the SLR scenarios to identify tipping points, or impact thresholds, that may be relevant to design of the project elements. The assessment of these hazards will rely on previously published data on coastal hazards from the Coastal Storm Modeling System (USGS) and other relevant hazard assessments performed in the project vicinity.
Coastal hazard data will be compiled on an ArcGIS platform to develop maps that depict both hazards and project sites features. A vulnerability assessment of proposed project elements will be performed to identify potential future vulnerabilities to be considered in the design process.
Tsunami Analysis:
The analysis will include a desktop assessment of tsunami hazards based on data provided in the ASCE Tsunami Design Geodatabase, which provides results of a probabilistic tsunami hazard analysis for a Maximum Considered Tsunami (MCT) event which has a 2,475-year return period. The online geodatabase provides sitespecific offshore tsunami amplitudes, inundation depth for tsunami overwash areas, and runup values at the landward limit of inundation.
ASCE 7-16 provides two options for evaluating depth and velocity of tsunami hazards within the MCT design zone. The energy grade line analysis (EGLA) method uses the runup elevation at the inundation limit to develop a profile of maximum flow depth and velocity between that point and the coastline. The second method of analysis involves the use of a site-specific numerical model to simulate the propagation of the tsunami waveform across the project site. The budget for this assessment assumes the EGLA method will be sufficient to provide an initial assessment of tsunami hazards at the Project site. Numerical modeling of tsunami hazards is not included in the scope and budget of this assessment.
Parking Study:
Typical of the CDP process the CCC is likely to require both a broad analysis of parking in the Coastal zone within reasonable proximity to the Pier, as well as non-private vehicle access, including transit service serving the area, access via the active transportation network (for bicycles and pedestrians), and micro-mobility, such as the City’s program to allow scooter service in the City.
The Pier Bridge construction will temporarily disconnect the parking spaces on the Pier’s deck from access at Ocean Avenue as well as temporarily remove from service some parking spaces in Lot 3, also known as the 1550 Parking Lot (Lot 3). The new entrance to the Pier may also eliminate parking spaces. Walker will account for the parking supply providing access to the Pier, including current parking supply, anticipated parking supply during construction and staging, and upon completion of the new Pier bridge. This supply is anticipated to include the Pier Deck, 1550 Lot, and other accessible, publicly accessible parking of a material number of spaces serving the DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
associated Coastal area, based on Walker’s experience with similar studies and input from the City and project team. This task also anticipates Walker’s parking designers providing guidance with parking space layouts to enhance efficiencies, traffic flow, and minimize loss of parking spaces and inconvenience.
Parking demand conditions before, during, and after construction will be analyzed. To perform the analysis, Walker will:
• Request and receive electronic data from the City’s parking system for various parking conditions (peak, shoulder, and some low season) to perform its analysis. • Review relevant historic data from previous studies.
• Engage in sample field data collection in some parking facilities to calibrate and monitor for current parking conditions.
Walker will review future conditions and projections for beach and Pier access including projected visitor data as available, and review relevant event data and frequency, as determined appropriate.
Walker will evaluate multimodal parking alternatives for the pier as part of a Transportation Demand Management (TDM) analysis. They will work with the Dokken Team and City staff to identify parking alternatives that currently provide access to the Pier area and will do so in the future. These may include transit services, bicycle and pedestrian access, and micro-mobility in the area.
Based on its data and analysis, Walker will determine whether new parking and mobility strategies and actions may be necessary to ensure access to the Pier throughout construction.
Walker will be available for up to three public presentations which may include CCC, City Planning Commission, and City Council.
The traffic study findings and recommendations will be presented in a draft Parking Study Report. Dokken will review and address all City comments on the draft report and submit a Final Parking Study Report.
Deliverables to the City:
i. PowerPoint presentation of preliminary Coastal Hazards Analysis results ii. Draft and Final Hazard Analysis Technical Reports
iii. Draft and Final Traffic Study Report
iv. California Coastal Development Permit
Assumptions:
• Assume 1 in-person meeting (or site visit) and up to 3 virtual meetings with the Project team are conducted to discuss objectives, assumptions, and review results of the study. • Publicly available data sources will be referenced for topography and bathymetry within the Project site, unless other data can be provided by the client.
• Publicly available data sources will be referenced for coastal hazards and tsunami analyses. Site-specific numerical modeling is not included in this analysis.
• Draft and final technical reports assume a single round of review comments from the Project team. • GHD will assist the project team in responding to initial review comments from CCC, but have not included budget to perform any additional analysis, or subsequent coordination with CCC or other agencies as part of the permit process.
C. Prepare submittal for State Lands Commission
Dokken will prepare an application to the State Lands Commission (SLC) to update the State Land Lease and Permit at the project site. The State Land Lease and Permit update application must include the following:
introductory letter, justification, existing permit, exhibit showing new lease limits, vicinity map, photos, DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
Feasibility Report for Public Access, completed environmental studies, preliminary project plans, and the approved CEQA document.
Prior to submitting the application package, Dokken will meet with the SLC in Sacramento to describe the project, scope, status, and timeline to familiarize the SLC staff with the project. We have completed 4 of these lease updates in the last 5 years and have one in progress with them currently. Dokken will address comments from the SLC in writing and arrange for a virtual resolution meeting to discuss any comments that cannot be easily resolved.
D. Prepare submittal for State Department of Parks & Recreation The area adjacent to Palisades Park will be used for construction staging of the bridge. The park use will not be impacted, and access to the rest of the park would not be restricted by staging in this area. Dokken will prepare all required permitting to be submitted to the Department of Parks and Recreation. Prior to submitting the application package, Dokken will meet with State Parks to describe the project, scope, status, and timeline to familiarize the State Parks staff with the project. We have coordinated with State Park continually on various projects over the past 12 years and currently are coordinating with them. Dokken will address comments from the State Parks in writing and arrange for a virtual resolution meeting to discuss any comments that cannot be easily resolved.
E. Support for other permits and approvals as needed (OPTIONAL) Dokken will assist the City in the coordination and preparation of other permits and approvals required throughout the project duration. While we have not included budget for additional permits or approvals at this time, we recommend establishing a budget for an optional task should any unforeseen permitting or approval needs arise. We do employ the in-house and subconsultant permitting expertise to address any additional approval needs the City may have.
4. Funding Assistance
A. Provide information for HBP documentation
With a large HBP program of projects at Dokken, we work to stay informed on all the latest HBP requirements, policies, and procedures. Dokken will assist the City in meeting the HBP documentation requirements for annual surveys, right of way & utility RFA, utility package approvals, any 6D’s to update scope and schedule, right of way certification, PS&E certification, DBE estimating, and construction RFA’s. Dokken can provide the data required for these and other local assistance forms or load the required information directly into the forms for the City. For the final project estimate for the PS&E certification we can draw from many other City and County projects and the Caltrans database to provide the City accurate pricing in the final estimate. We will also break up the progress and final estimates by participating and non-participating HBP items.
5. Public Outreach
Arellano Associates (AA) will develop outreach services for the design and construction phases of the project. AA understands the importance that all stakeholders, including local businesses, residents, and potential visitors are provided with meaningful engagement opportunities as this project nears final design and prepares for construction.
A. Public Outreach Plan
AA will collaborate with the project team and the City of Santa Monica on the development and implementation of a Public Outreach Plan (POP) that meets the goals of the project. Because this area has a high tourist/visitor DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
use, AA will include innovative outreach tactics to continuously update businesses, residents, motorists, tourist, and other stakeholders leading up to construction. As restrictions and recommendations improve concerning COVID-19, AA will continue implementing digital tools but will also include options for in-person engagement, depending on the needs of the project, which provide ample opportunities to connect directly with the project team to share ongoing thoughts and challenges during the project. The POP will also focus on targeted communities and locations, including businesses and transit operators. AA understands the need for translation to Spanish and will ensure all public documents are translated as needed. The plan will be a blueprint for outreach management and implementation and will remain flexible to address the current environment.
Deliverables to City
i. Public Outreach Plan (English and Spanish)
B. Stakeholder Database
AA will update and manage the existing contact list from the previous phases of work as the official Project database. Contacts will include elected officials and staff, city/county/school district representatives, emergency responders, residents, businesses, transportation and transit agencies, commuters, recreational travelers, news media, and other stakeholders identified by the project team. The database will be maintained in Microsoft Excel and shared with the project team upon request. Updates to the database will be made after each meeting, presentation, and written correspondence. Parcel data will be obtained for property owners and tenants in the area, as needed.
Deliverables to City
i. Stakeholder Database
C. Collateral Material (presentation quality renderings, digital and print) AA will develop clean and concise collateral materials in hard copy and digital formats, including project and city logos and photographs, as needed. Collateral will be produced in both English and Spanish.
A fact sheet and FAQ will provide a project overview, information about the Project’s benefits, schedule, funding, and contact information. Publication of the fact sheet and FAQ will follow review and approval by the Project Team.
Additional items AA will develop, as needed, are presentations including project renderings provided by the design team, E-blast notification templates, social media graphics, and project information banners.
Meeting materials will include sign in sheets, agendas, speaker cards, and other handouts, as needed.
Deliverables to City
i. Collateral materials in hard copy and digital formats (English and Spanish) D. Photography/Videography
AA will provide professional quality photography for collateral material, website updates, community meetings, monthly status reports, and special events. Photos will be dated and archived for documentation. All photography files will be turned over to the prime contractor at the end of the contract term.
AA will provide drone video and or timelapse footage of the project. AA also has the capability to deliver high quality project information and/or project update videos.
Deliverables to City
i. Project photos and videos
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
E. Website/Social Media
AA will develop a project webpage or prepare digital content for use on the existing Project page on the City of Santa Monica’s website. Information will be consistent with the Project fact sheet and updated, as needed, based on prior review and approval by the Project team.
AA will develop comprehensive monthly social media campaigns including graphics, post copy, and parameters for the City to implement on their Twitter, Facebook, and Instagram channels.
Deliverables to City
ii. Project website
iii. Social media campaigns
F. Community Meetings/Outreach Events
AA will provide support to City of Santa Monica for coordination with one community meetings/events during the design phase. No outreach meeting will be held during construction. The meetings will be in-person and will provide information to the public regarding the project including project milestones, potential construction impacts, safety tips, and other important information. Support activities will include coordination of dates, booking the venue (and insurance), equipment rental, logistics tasks, meeting notification, set-up/clean-up, bilingual (Spanish/English) staffing, presentation, and printed materials (flyers, meeting boards, etc.). The notification plan may include extended outreach to businesses, residents, schools, chambers of commerce, community-based organizations, and neighborhood councils, as needed.
Meeting attendees will be added to the stakeholder database for future communication.
In addition to meetings, AA may coordinate up to 6 on-site kiosks or tabling at existing local events to share project information, flyers, and other information. These kiosks can be stationary, or staff can walk the project area disseminating information. AA will ensure that bilingual (Spanish/English) staff are available.
G. Attend Meetings/Presentations (assume a minimum of four board/commission meetings; task includes preparation of presentation)
In coordination with the project team, AA will develop a project presentation to be used for board and commission meetings. AA will also attend and present, as needed, at four (4) board or commission meetings to ensure the stakeholders are aware of the project and have the latest information available.
H. Wayfinding
AA will develop wayfinding to assist visitors navigating the site during construction. It will be updated as paths and roads are closed and opened during construction. The Wayfinding will be available via the website and by posting QR codes along pedestrian routes during construction.
I. Groundbreaking and Ribbon Cutting Ceremonies
AA will assist with preparation and planning of a groundbreaking and ribbon cutting ceremonies. AA assistance may include event organization and planning, advertisement, organizing refreshments and providing public address systems. If desired, AA can also solicit local businesses and organizations for event sponsorship.
6. Bidding Support
A. Attend Meetings
Dokken will attend the Pre-Bid Meeting and answer questions on the plans and technical provisions.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
B. Respond to Bidder Inquiries
During the bidding phase, Dokken will provide responses to bidder questions and inquiries on the plans and specifications.
Deliverables to City
i. Answers to bidder inquiries
C. Prepare bid addenda
The plans and specifications will be revised if needed and Addenda will be prepared to address bidder questions.
Deliverables to City
ii. Updated PS&E addressing bidder questions
D. Review bid results
Dokken will review the bid results in order to identify any anomalies and/or inconsistencies between bids.
7. Construction Support
Architectural & Engineering (A&E) support services are retained on a Time and Materials (T&M) basis to provide construction support services, including:
A. Prepare ancillary environmental documents as required Dokken understands that the Project is currently undergoing environmental analysis under the National Environmental Policy Act (NEPA) with Caltrans as the NEPA lead. Various technical studies, prepared by Dokken’s sub consultant ICF, were prepared in support of the NEPA environmental document including, but not limited to, a Natural Environment Study, Historic Resources Evaluation Report, Hazardous Waste Initial Site Assessment, and Visual Impact Assessment. All technical studies were prepared using 35% level design with multiple alternatives. Should final design deviate from the draft design used in the original NEPA technical studies, the NEPA environmental document will need to be revalidated and technical studies will need to be updated.
Dokken’s qualified environmental team will update all technical studies with the revised Project description and design features with exhibits to obtain a revalidated NEPA environmental document. This scope and fee assumes that final design will not substantially deviate from the approved draft design, and that new field surveys in support of the updated technical studies will not be required.
Deliverables to City
i. Updated Technical Studies, NEPA Revalidation
B. Engineering support during construction
Dokken will provide engineering support to the City and Resident Engineer during construction. Dokken will attend the pre-construction meeting. Construction meetings where significant engineering topics are discussed will be attended in-person or virtual. A maximum of 5 in-person meetings will be attended.
Dokken will provide written responses to RFIs on the Technical Provisions, the design drawings or conflicts in the design during the construction, and assist the City in issuing Change Orders (Cos). Contractor submittals including shop drawings will be reviewed.
Deliverables to City
i. Attend meetings
ii. Submittal and shop drawing review
iii. Review/approve falsework drawings &
calculations
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA z Federal Aid Project No. BHLO-5107(033)
PIER BRIDGE REPLACEMENT PROJECT – DESIGN SERVICES SP2060
iv. Request for Information Review
v. Prepare/Issue Delta revisions and plan
clarifications
vi. Review of potential Contract Change Order
documents
vii. Other engineering support services
viii. Review sign relocation and storage reports by
Historic consultant
ix. Responses to RFI’s
x. Review of Contractor Submittals
xi. Plan Revisions
C. Prepare Record Drawings
Dokken will prepare as-built plans of the project by incorporating all redline comments prepared by the contractor and Project Inspector on the signed design Plans. Electronic Record Drawings will be provided in AutoCAD format and Specifications in Microsoft Word to the City.
Deliverables to City
i. Record Drawings
D. Project Closeout
Dokken will be available to assist the City and CM team at project closeout time with items such as resolution of contractor’s final payment and permitting. In addition, Dokken retains documents electronically indefinitely and can support the City in case of HBP project auditing.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA Exhibit “B”
Budget
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA COST PROPOSAL ‐ SUMMARY BY CONSULTANT
CITY OF SANTA MONICA
PIER BRIDGE REPLACEMENT PROJECT ‐ DESIGN SERVICES
June 26, 2023
TASK DESCRIPTION DOKKEN ENGINEERING ARELLANO ASSOCIATES (DBE) BURNE ENGINEERING (DBE) DUDEK EARTH MECHANICS, INC. (DBE) GEOCON WEST, INC. GUIDA SURVEYING ICF JONES & STOKES, INC. MOORE IACOFANO GOLTSMAN, INC. P2S, INC. UNICO ENGINEERING (DBE) GHD MOTT MACDONALD WALKER CONSULTANTS GRAND TOTAL COST
1. Project Management $ 472,822.29 $ 19,510.38 $ ‐ 30,596.98 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ $ 522,929.65 A. Administration $ - 21,031.94 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 21,031.94 $ B. Project Schedule $ - 8,803.37 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 8,803.37 $ C. Manage Subconsultants $ - 110,928.45 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 110,928.45 $ D. Meetings, design schedule, budget 71,797.02 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 71,797.02 $ E. Quality Assurance/Quality Control 47,171.63 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 47,171.63 $ F. Design Coordination $ 19,510.38 213,089.88 $ 30,596.98 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 263,197.24 $
2. Design Services $ ‐ 1,545,521.14 $ $ ‐ 307,480.80 $ $ 314,990.48 $ 30,571.66 $ 98,478.99 $ 80,171.63 $ 88,793.55 $ 145,923.67 $ ‐ 61,796.54 $ $ ‐ 80,320.79 $ $ 2,754,049.25 A. Plans, Specifications, & Estimate (PS&E) Phase: 65%, 95%, 100% Submittals 67,251.12 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 61,796.54 $ - $ - $ - $ 129,047.66 $ B. Assemble Specifications $ - 46,534.66 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 46,534.66 $ C. Assemble Cost Estimate $ - 6,519.90 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 6,519.90 $ D. Construction Working Day Schedule, RE File 19,926.26 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 19,926.26 $ E. Surveying & Mapping $ - - $ - $ - $ - $ - $ 56,137.80 $ - $ - $ - $ - $ - $ - $ - $ 56,137.80 $ F. Bridge Design and Detailing $ - 453,556.73 $ 207,688.40 $ - $ - $ - $ - $ - $ - $ 13,010.84 $ - $ - $ 80,320.79 $ - $ 754,576.77 $ G. Ground supported curtain wall under bridge near pier 2,283.47 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,283.47 $ H. Pier Sign $ - 66,341.98 $ - $ - $ - $ - $ - $ 21,495.17 $ - $ 6,582.31 $ - $ - $ - $ - $ 94,419.46 $ I. Roadway Design $ - 295,354.50 $ - $ - $ - $ - $ - $ - $ - $ 10,715.56 $ - $ - $ - $ - $ 306,070.06 $ J. Traffic Management & Staging Plans 149,801.48 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 149,801.48 $ K. Drainage Design, Stormwater Pollution Prevention Plans (SWPPP) BMPs 84,812.79 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 84,812.79 $ L. Geotechnical Recommendations $ - 1,141.73 $ - $ - $ 314,990.48 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 316,132.21 $ M. Landscape Design $ - 12,649.21 $ - $ - $ - $ - $ - $ - $ 88,793.55 $ - $ - $ - $ - $ - $ 101,442.76 $ N. Utility Coordination & Design $ - 88,250.01 $ - $ - $ - $ - $ 42,341.19 $ - $ - $ 24,492.34 $ - $ - $ - $ - $ 155,083.54 $ O. Mechanical, Electrical, Plumbing and Fire Protection Design (MEP & FP) 11,958.16 $ - $ - $ - $ - $ - $ - $ - $ - $ 59,996.16 $ - $ - $ - $ - $ 71,954.32 $ P. Pier Widening & Modification $ - 136,707.59 $ 99,792.40 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 236,499.99 $ Q. Historic Architect/Preservation Specialist 18,213.66 $ - $ - $ - $ - $ - $ - $ 58,676.47 $ - $ - $ - $ - $ - $ - $ 76,890.12 $ R. Miscellaneous Facility Relocations 19,589.75 $ - $ - $ - $ - $ - $ - $ - $ - $ 16,550.76 $ - $ - $ - $ - $ 36,140.51 $ S. Lighting & Electrical Design $ - 53,577.36 $ - $ - $ - $ - $ - $ - $ - $ 14,575.69 $ - $ - $ - $ - $ 68,153.05 $ T. Hazardous Waste $ - 11,050.78 $ - $ - $ - $ 30,571.66 $ - $ - $ - $ - $ - $ - $ - $ - $ 41,622.44 $
3. Permit Assistance $ ‐ 40,396.34 $ ‐ $ $ ‐ 74,215.25 $ ‐ $ ‐ $ ‐ $ ‐ $ $ ‐ 6,685.97 $ $ ‐ 54,819.96 $ $ 92,338.97 $ 268,456.50 A. Prepare Caltrans encroachment permit 9,704.74 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 9,704.74 $ B. Prepare submittal for Coastal Commission Permit $ - 11,672.73 $ - $ 74,215.25 $ - $ - $ - $ - $ - $ - $ - $ 54,819.96 $ - $ 92,338.97 $ 233,046.91 $ C. Prepare submittal for State Lands Commission 7,180.90 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 7,180.90 $ D. Prepare submittal for State Department of Parks & Recreation 7,180.90 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 7,180.90 $ E. Support for other permits and approvals as needed 4,657.07 $ - $ - $ - $ - $ - $ - $ - $ - $ 6,685.97 $ - $ - $ - $ - $ 11,343.04 $
4. Funding Assistance $ ‐ 19,733.97 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ $ 19,733.97 A. Provide information for HBP documentation 19,733.97 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 19,733.97 $
5. Public Outreach $ 26,259.88 $ ‐ 195,942.31 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ $ 222,202.18 A. Public Outreach Plan $ 40,445.51 9,133.87 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 49,579.38 $ B. Stakeholder Database $ 3,816.69 - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 3,816.69 $ C. Collateral Material $ 27,083.43 11,777.88 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 38,861.32 $ D. Photography/Videography $ 18,753.01 - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 18,753.01 $ E. Website/Social Media $ 20,521.97 - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 20,521.97 $ F. Community Meetings/Outreach Events $ 29,652.11 - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 29,652.11 $ G. Attend Meetings/Presentations $ 16,020.25 - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 16,020.25 $ H. Wayfinding $ 13,610.69 - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 13,610.69 $ I. Groundbreaking and Ribbon Cutting Ceremonies $ 26,038.65 5,348.12 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 31,386.77 $
6. Bidding Support $ ‐ 30,520.35 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ $ ‐ 8,529.65 $ ‐ $ ‐ $ ‐ $ $ 39,049.99 A. Attend meetings $ - 6,279.54 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 6,279.54 $ B. Respond to bidder inquiries $ - 12,907.60 $ - $ - $ - $ - $ - $ - $ - $ 8,529.65 $ - $ - $ - $ - $ 21,437.25 $ C. Prepare bid addenda $ - 8,863.46 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 8,863.46 $ D. Review bid results $ - 2,469.75 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 2,469.75 $
7. Construction Support $ ‐ 299,230.39 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ $ ‐ 32,748.08 $ ‐ $ ‐ $ ‐ $ $ 331,978.47 A. Prepare ancillary environmental documents as required 80,426.13 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 80,426.13 $ B. Engineering support during construction 191,414.67 $ - $ - $ - $ - $ - $ - $ - $ - $ 32,748.08 $ - $ - $ - $ - $ 224,162.75 $ C. Prepare Record Drawings $ - 15,551.62 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 15,551.62 $ D. Project Closeout $ - 11,837.98 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 11,837.98 $ TOTAL COST 2,434,484.34 $ $ 215,452.69 $ 338,077.78 $ 74,215.25 $ 314,990.48 $ 30,571.66 $ 98,478.99 $ 80,171.63 $ 88,793.55 $ 193,887.37 $ 61,796.54 $ 54,819.96 $ 80,320.79 $ 92,338.97 $ 4,158,400.00
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA COST PROPOSAL ‐ ESTIMATED HOURS BY TASK
CITY OF SANTA MONICA | PIER BRIDGE REPLACEMENT PROJECT ‐ DESIGN SERVICES June 26, 2023
Principal in Charge
QA/QC Manager
Tim Osterkamp, PE*
Project Manager
Rob Burns, SE*
Bridge Project Engineer
Eric Espinoza, PE*
Roadway Project Engineer
Joe Ostdiek, PE, TE*
Electrical Project Engineer
Amy Bakker
Environmental Lead
Senior Bridge Engineer2
Senior Roadway Engineer2
Senior Bridge Engineer1
Senior Roadway Engineer1
Associate Bridge Engineer2
Associate Roadway Engineer2
Associate Bridge Engineer
1 Associate Roadway Engineer1
Assistant Bridge Engineer2
FULLY BURDENED RATE $ 383.05 $ 338.86 $ 279.92 $ 253.41 $ 191.53 $ 206.26 $ 150.28 $ 241.62 $ 235.73 $ 218.05 $ 197.42 $ 176.79 $ 176.79 $ 162.06 $ 153.22 $ 138.49
1. Project Management 4 120 364 220 242 168 120 40 40 40 64 40 40 60 84 60 A. Administration 4 60 12B. Project Schedule 24 10C. Manage Subconsultants 100 120 120 80 60D. Meetings, design schedule, budget 80 60 60 48 20 24 24E. Quality Assurance/Quality Control 120 20F. Design Coordination 80 40 40 40 40 40 40 40 40 40 40 60 60 60
2. Design Services 210 280 407 420 49 248 100 504 390 388 112 680 871 440 A. Plans, Specifications, & Estimate (PS&E) Phase: 65%, 95%, 100% Submittals 40 28 31 10 60 40 49 i. PS&E submittals 8452 10 15
ii. Track and respond to comments 12 20 20 6 20 24
iii. Resubmit PS&E 8462 10 10iv. Constructability Review 12 60 B. Assemble Specifications 8 80 20 100C. Assemble Cost Estimate 888 6D. Construction Working Day Schedule, RE File 12 24 24 20 4E. Surveying & MappingF. Bridge Design and Detailing 64 124 28 80 280 100 80 620 400 i. Superstructure design - design & Qs 30 40 80 360 160v. Assemble design & check calculations - check 2 32 80 240 120vi. Prepare special provisions 28vii. Quantity design & check estimate, cost estimate 248 20 viii. Demolition drawings/specifications 120 100 120ix. Staging plans 4 8 20 80 80x. Design of temporary pedestrian bridge 16 24xi. Design of temporary vehicular ramp 88 G. Ground supported curtain wall under bridge near pier 8 i. Wall Design 4ii. Wall Design Check 4
H. Pier Sign 14 56 4 16 56 16 60
i. Field visit 4844ii. Prepare Pier Sign Protection Plan 8 20iii. Structural analysis and design of frame 16 4 24 60 iv. Provide new power source 8v. Assemble design & check calculations 2 8 vi. Prepare special provisions 2 8 32vii. Quantity design & check estimate, submit cost estimate 2 8 viii. Develop neon sign restoration plan
I. Roadway Design 20 79 102 15 16 74 32 32 460
i. Colorado Avenue from Ocean to Pier Deck (added bollards) 10 5 40 16 10 32 32 20ii. Temporary Lot 1 North Entrance 2 15 30 80iii. Lot 1 North Improvements 6 24 12 24 120
1. Lot 1 North Design 2 84 8 402. Civil design east and west sides of Ocean Front Walk 2 84 8 403. Civil design of Ocean Front Walk 2 84 8 40 iv. ADA Improvements 15 20 100v. Final Signing/Striping plans 2 15 20 80vii. Quantity & Cost Estimate 5 10 15 10 60
TASK DESCRIPTION
DOKKEN ENGINEERING
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA COST PROPOSAL ‐ ESTIMATED HOURS BY TASK
CITY OF SANTA MONICA | PIER BRIDGE REPLACEMENT PROJECT ‐ DESIGN SERVICES June 26, 2023
Principal in Charge
QA/QC Manager
Tim Osterkamp, PE*
Project Manager
Rob Burns, SE*
Bridge Project Engineer
Eric Espinoza, PE*
Roadway Project Engineer
Joe Ostdiek, PE, TE*
Electrical Project Engineer
Amy Bakker
Environmental Lead
Senior Bridge Engineer2
Senior Roadway Engineer2
Senior Bridge Engineer1
Senior Roadway Engineer1
Associate Bridge Engineer2
Associate Roadway Engineer2
Associate Bridge Engineer
1 Associate Roadway Engineer1
Assistant Bridge Engineer2
FULLY BURDENED RATE $ 383.05 $ 338.86 $ 279.92 $ 253.41 $ 191.53 $ 206.26 $ 150.28 $ 241.62 $ 235.73 $ 218.05 $ 197.42 $ 176.79 $ 176.79 $ 162.06 $ 153.22 $ 138.49
TASK DESCRIPTION
DOKKEN ENGINEERING
J. Traffic Management & Staging Plans 12 56 52 62 242
i. Staging plans for temporary pedestrian bridge 2 48 10 20ii. Staging plans/temporary striping for Lot 1 North 2 48 10 20iii. Staging plans for temporary ramp 24 10 20iv. Temporary striping for Palisades beach Road/Appian Way 2 4 4 4 20v. Temporary striping & signing on the Pier deck 84 4 40vi. Traffic detour for PCH/Palisades Beach Road exit 44 4 20vii. Traffic detour for Appian Way and Moomat Ahiko Way East & West 44 4 20viii. Pedestrian/Bike detours 48 4 20ix. Pedestrian/Bike detour for Marvin Braude Bike Trail 44 4 20x. Special Provisions 2 84 42 xi. Quantity & Cost Estimate 2 84 4 40
K. Drainage Design, Stormwater Pollution Prevention Plans (SWPPP) BMPs 5 104 i. General site drainage analysis 2 32ii. Drainage design for bridge 16iii. Stormwater BMP design 1 12iv. Water Quality Management Plan (WQMP) if needed by California Coastal Commission 1 12v. Stormwater Pollution Prevention Plans (SWPPP) if needed by California Coastal Commission 1 10vi. Special Provisions 12vii. Quantity & Cost Estimate 10 L. Geotechnical Recommendations 4
i. Foundation Report and Geotech Design Report 4ii. Pavement recommendationsiii. Miscellaneous Items M. Landscape Design 10
i. Plans for landscape reconstruction 10ii. Perform existing tree surveyiii. Special provisionsiv. Quantity & Cost estimate N. Utility Coordination & Design 2 66 22 100 120
i. Utility coordination 2 16 12 40 40
ii. Collect and map as-built data provided by City and utility companies 24 10 iii. Locate Utilities / BIMiv. Maintain/update utility base map 52 40v. Design utility relocations 8 20vi. Special Provisions 30 2 20vii. Quantity & Cost Estimate 52 20 30 O. Mechanical, Electrical, Plumbing and Fire Protection Design (MEP & FP) 16 42 i. Design MEP & FP under pier 4ii. Review available as-built data 2iii. Perform site visit, inspection, and mapping of MEP & FP 4iv. Work with City on utilities relocations 16 16v. Prepare relocation plans 4vi. Repair MEP & FP connecting to aquarium 4vii. Special Provisions 4 viii. Quantity & Cost Estimate 4
P. Pier Widening & Modification 24 28 208 200
i. Site visit to Pier and review as-built data 4 8ii. Prepare design and plans 20 20 160 100iii. Evaluate existing pier deck at aquariumiv. Pier deck reconstruction and Aquarium roof 40 40v. Evaluate existing pier deck at temp rampvii. Special Provisions 8 60viii. Quantity & Cost Estimate
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA COST PROPOSAL ‐ ESTIMATED HOURS BY TASK
CITY OF SANTA MONICA | PIER BRIDGE REPLACEMENT PROJECT ‐ DESIGN SERVICES June 26, 2023
Principal in Charge
QA/QC Manager
Tim Osterkamp, PE*
Project Manager
Rob Burns, SE*
Bridge Project Engineer
Eric Espinoza, PE*
Roadway Project Engineer
Joe Ostdiek, PE, TE*
Electrical Project Engineer
Amy Bakker
Environmental Lead
Senior Bridge Engineer2
Senior Roadway Engineer2
Senior Bridge Engineer1
Senior Roadway Engineer1
Associate Bridge Engineer2
Associate Roadway Engineer2
Associate Bridge Engineer
1 Associate Roadway Engineer1
Assistant Bridge Engineer2
FULLY BURDENED RATE $ 383.05 $ 338.86 $ 279.92 $ 253.41 $ 191.53 $ 206.26 $ 150.28 $ 241.62 $ 235.73 $ 218.05 $ 197.42 $ 176.79 $ 176.79 $ 162.06 $ 153.22 $ 138.49
TASK DESCRIPTION
DOKKEN ENGINEERING
Q. Historic Architect/Preservation Specialist 10 4 32
i. NEPA Certified Professional/Architectii. Attend meetings 2iii. Perform design reviews 4 iv. Adjacent structure monitoring plan 8 32
R. Miscellaneous Facility Relocations 4 40 40
i. Work with City on temporary and permanent relocation of Trash Compactor 4ii. Removal/demolition of existing temporary officeiii. Removal of existing debris under bridgeiv. Reconstructed stairs & retaining wall 40 40 S. Lighting & Electrical Design 144
i. Design lighting/electrical for bridge Ocean Avenue 40ii. Design lighting/electrical on pier deck and pier edge 40iii. Coordinate with SCE for electrical supply 20iv. Design electrical for pier sign 12v. Special Provisions 20vi. Quantity & Cost Estimate 12 T. Hazardous Waste 34
i. Hazardous Waste Sampling and Analysis Plan 10ii. Aerial Deposited Lead Surveyiii. Other environmental services 24
3. Permit Assistance 28 85 45
A. Prepare Caltrans encroachment permit 8 30 10
B. Prepare submittal for Coastal Commission Permit 45 5 C. Prepare submittal for State Lands Commission 6 20 10D. Prepare submittal for State Department of Parks & Recreation 6 20 10E. Support for other permits and approvals as needed 4 10 10
4. Funding Assistance 2 12 24 10 40
A. Provide information for HBP documentation 2 12 24 10 40
5. Public Outreach 48 4
A. Public Outreach Plan 32B. Stakeholder DatabaseC. Collateral MaterialD. Photography/VideographyE. Website/Social MediaF. Community Meetings/Outreach EventsG. Attend Meetings/PresentationsH. WayfindingI. Groundbreaking and Ribbon Cutting Ceremonies 16 4
6. Bidding Support 18 2 32 16 4 4 4 28 28 2
A. Attend meetings 8 6 44B. Respond to bidder inquiries 4 8 6 4 4 16 16 2C. Prepare bid addenda 2 16 4 12 12 D. Review bid results 4222
7. Construction Support 140 92 88 68 40 60 40 8 68 228 160 40 180 A. Prepare ancillary environmental documents as required 20 24 24 20 60 60B. Engineering support during construction 100 60 80 60 8 40 40 160 160 40 160 C. Prepare Record Drawings 4444 8 20
D. Project Closeout 16 4 4 4 8 8 8
TOTAL HOURS 6 120 820 594 858 672 213 376 194 552 522 724 340 780 1,182 500 TOTAL COST $ 40,662.67 2,298.32 $ 229,537.84 $ 150,522.57 $ 164,330.25 $ 138,606.65 $ 32,008.60 $ 90,848.63 $ 45,730.77 $ 120,361.50 $ 103,053.34 $ 127,999.00 $ 60,110.03 $ 126,407.89 $ 181,107.93 $ 69,244.40 $ PERCENTAGE OF SCOPE OF WORK 0.06% 0.98% 5.52% 3.62% 3.95% 3.33% 0.77% 2.18% 1.10% 2.89% 2.48% 3.08% 1.45% 3.04% 4.36% 1.67%
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA COST PROPOSAL ‐ ESTIMATED HOURS BY TASK
CITY OF SANTA MONICA | PIER BRIDGE REPLACEMENT PROJECT ‐ DESIGN SERVICES June 26, 2023
FULLY BURDENED RATE
1. Project Management
A. AdministrationB. Project ScheduleC. Manage SubconsultantsD. Meetings, design schedule, budgetE. Quality Assurance/Quality ControlF. Design Coordination
2. Design Services
A. Plans, Specifications, & Estimate (PS&E) Phase: 65%, 95%, 100% Submittals i. PS&E submittalsii. Track and respond to commentsiii. Resubmit PS&Eiv. Constructability Review B. Assemble SpecificationsC. Assemble Cost EstimateD. Construction Working Day Schedule, RE FileE. Surveying & MappingF. Bridge Design and Detailing i. Superstructure design - design & Qsv. Assemble design & check calculations - checkvi. Prepare special provisionsvii. Quantity design & check estimate, cost estimateviii. Demolition drawings/specificationsix. Staging plansx. Design of temporary pedestrian bridgexi. Design of temporary vehicular ramp G. Ground supported curtain wall under bridge near pier i. Wall Designii. Wall Design Check
H. Pier Sign
i. Field visitii. Prepare Pier Sign Protection Planiii. Structural analysis and design of frameiv. Provide new power sourcev. Assemble design & check calculationsvi. Prepare special provisionsvii. Quantity design & check estimate, submit cost estimateviii. Develop neon sign restoration plan I. Roadway Design
i. Colorado Avenue from Ocean to Pier Deck (added bollards)ii. Temporary Lot 1 North Entranceiii. Lot 1 North Improvements
1. Lot 1 North Design2. Civil design east and west sides of Ocean Front Walk3. Civil design of Ocean Front Walk iv. ADA Improvementsv. Final Signing/Striping plansvii. Quantity & Cost Estimate
TASK DESCRIPTION
Assistant Roadway Engineer2
Assistant Bridge Engineer1
Assistant Roadway Engineer1
Senior CAD
CAD/Detailer
Environmental Manager
Senior Environmental Planner
Associate Environmental
Planner
Environmental Planner TOTAL HOURS LABOR COST ESCALATION OH RATE FEE OTHER DIRECT COST TOTAL COST $ 138.49 $ 111.97 $ 111.97 $ 209.21 $ 144.38 $ 235.73 $ 167.95 $ 144.38 $ 94.29 167.87% 10.00% 60 44 40 40 40 28 20 20 40 2038 146,898.00 $ $ 2,891.15 $ 251,451.05 $ 40,124.02 $ 31,458.07 $ 472,822.29 76 7,000.00 $ 137.77 $ 11,982.17 $ 1,911.99 $ 21,031.94 $ 34 2,930.00 $ 57.67 $ 5,015.40 $ 800.31 $ 8,803.37 $ 8 488 36,920.00 $ 726.64 $ 63,197.41 $ 10,084.40 $ 110,928.45 $ 316 23,896.00 $ 470.31 $ 40,903.72 $ 6,527.00 $ 71,797.02 $ 140 15,700.00 $ 309.00 $ 26,874.30 $ 4,288.33 $ 47,171.63 $ 60 44 40 40 40 20 20 20 40 984 60,452.00 $ 1,189.78 $ 103,478.05 $ 16,511.98 $ 31,458.07 $ 213,089.88 $ 215 2745 716 228 11 82 58 59 9213 514,225.00 $ $ 10,120.64 $ 880,219.03 $ 140,456.47 $ 500.00 $ 1,545,521.14 82 4 344 22,383.00 $ 440.53 $ 38,313.86 $ 6,113.74 $ - $ 67,251.12 $ 30 74 4,159.00 $ 81.85 $ 7,119.12 $ 1,136.00 $ 12,495.98 $ 32 4 138 8,580.00 $ 168.87 $ 14,686.72 $ 2,343.56 $ 25,779.15 $ 20 60 3,584.00 $ 70.54 $ 6,134.87 $ 978.94 $ 10,768.35 $ 72 6,060.00 $ 119.27 $ 10,373.14 $ 1,655.24 $ 18,207.65 $ 208 15,488.00 $ 304.82 $ 26,511.41 $ 4,230.42 $ 46,534.66 $ 30 2,170.00 $ 42.71 $ 3,714.47 $ 592.72 $ 6,519.90 $ 84 6,632.00 $ 130.53 $ 11,352.25 $ 1,811.48 $ 19,926.26 $ $ - - $ - $ - $ - $
580 8 2,364 150,956.00 $ 2,971.02 $ 258,397.28 $ 41,232.43 $ - $ 453,556.73 $ 320 8 998 62,642.00 $ 1,232.88 $ 107,226.76 $ 17,110.16 $ 188,211.80 $ 120 594 36,222.00 $ 712.90 $ 62,002.61 $ 9,893.75 $ 108,831.26 $ 10 878.00 $ 17.28 $ 1,502.91 $ 239.82 $ 2,638.01 $ 34 2,154.00 $ 42.39 $ 3,687.09 $ 588.35 $ 6,471.83 $ 140 480 30,460.00 $ 599.49 $ 52,139.57 $ 8,319.91 $ 91,518.97 $ 192 13,568.00 $ 267.04 $ 23,224.88 $ 3,705.99 $ 40,765.90 $ 40 3,584.00 $ 70.54 $ 6,134.87 $ 978.94 $ 10,768.35 $ 16 1,448.00 $ 28.50 $ 2,478.60 $ 395.51 $ 4,350.61 $ 8 760.00 $ 14.96 $ 1,300.92 $ 207.59 $ - $ 2,283.47 $ 4 380.00 $ 7.48 $ 650.46 $ 103.79 $ 1,141.73 $ 4 380.00 $ 7.48 $ 650.46 $ 103.79 $ 1,141.73 $ 16 40 2 40 320 21,914.00 $ 431.30 $ 37,511.05 $ 5,985.63 $ 500.00 $ 66,341.98 $ 20 1,608.00 $ 31.65 $ 2,752.48 $ 439.21 $ 500.00 $ 5,331.34 $ 2 32 62 4,464.00 $ 87.86 $ 7,641.20 $ 1,219.31 $ 13,412.37 $ 16 40 160 10,020.00 $ 197.21 $ 17,151.63 $ 2,736.88 $ 30,105.72 $ 8 560.00 $ 11.02 $ 958.57 $ 152.96 $ 1,682.55 $
10 652.00 $ 12.83 $ 1,116.05 $ 178.09 $ 1,958.97 $
42 3,502.00 $ 68.92 $ 5,994.51 $ 956.54 $ 10,521.98 $ 10 652.00 $ 12.83 $ 1,116.05 $ 178.09 $ 1,958.97 $ 8 8 456.00 $ 8.97 $ 780.55 $ 124.55 $ 1,370.08 $
1250 40 2,120 98,302.00 $ 1,934.72 $ 168,267.38 $ 26,850.41 $ - $ 295,354.50 $ 60 40 265 15,049.00 $ 296.18 $ 25,759.96 $ 4,110.51 $ 45,215.66 $ 220 347 15,695.00 $ 308.90 $ 26,865.74 $ 4,286.96 $ 47,156.61 $ 330 516 23,358.00 $ 459.72 $ 39,982.80 $ 6,380.05 $ - $ 70,180.57 $ 110 172 7,786.00 $ 153.24 $ 13,327.60 $ 2,126.68 $ 23,393.52 $ 110 172 7,786.00 $ 153.24 $ 13,327.60 $ 2,126.68 $ 23,393.52 $ 110 172 7,786.00 $ 153.24 $ 13,327.60 $ 2,126.68 $ 23,393.52 $ 280 415 18,215.00 $ 358.50 $ 31,179.33 $ 4,975.28 $ 54,728.11 $ 240 357 15,845.00 $ 311.85 $ 27,122.51 $ 4,327.94 $ 47,607.29 $ 120 220 10,140.00 $ 199.57 $ 17,357.03 $ 2,769.66 $ 30,466.26 $ DOKKEN ENGINEERING CONT.
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA COST PROPOSAL ‐ ESTIMATED HOURS BY TASK
CITY OF SANTA MONICA | PIER BRIDGE REPLACEMENT PROJECT ‐ DESIGN SERVICES June 26, 2023
FULLY BURDENED RATE
TASK DESCRIPTION
J. Traffic Management & Staging Plans
i. Staging plans for temporary pedestrian bridgeii. Staging plans/temporary striping for Lot 1 Northiii. Staging plans for temporary rampiv. Temporary striping for Palisades beach Road/Appian Wayv. Temporary striping & signing on the Pier deckvi. Traffic detour for PCH/Palisades Beach Road exitvii. Traffic detour for Appian Way and Moomat Ahiko Way East & Westviii. Pedestrian/Bike detoursix. Pedestrian/Bike detour for Marvin Braude Bike Trailx. Special Provisionsxi. Quantity & Cost Estimate K. Drainage Design, Stormwater Pollution Prevention Plans (SWPPP) BMPs i. General site drainage analysisii. Drainage design for bridgeiii. Stormwater BMP designiv. Water Quality Management Plan (WQMP) if needed by California Coastal Commissionv. Stormwater Pollution Prevention Plans (SWPPP) if needed by California Coastal Commissionvi. Special Provisionsvii. Quantity & Cost Estimate L. Geotechnical Recommendations
i. Foundation Report and Geotech Design Reportii. Pavement recommendationsiii. Miscellaneous Items M. Landscape Design
i. Plans for landscape reconstruction ii. Perform existing tree surveyiii. Special provisionsiv. Quantity & Cost estimate N. Utility Coordination & Design
i. Utility coordinationii. Collect and map as-built data provided by City and utility companiesiii. Locate Utilities / BIMiv. Maintain/update utility base mapv. Design utility relocationsvi. Special Provisionsvii. Quantity & Cost Estimate O. Mechanical, Electrical, Plumbing and Fire Protection Design (MEP & FP) i. Design MEP & FP under pier ii. Review available as-built dataiii. Perform site visit, inspection, and mapping of MEP & FPiv. Work with City on utilities relocationsv. Prepare relocation plansvi. Repair MEP & FP connecting to aquariumvii. Special Provisionsviii. Quantity & Cost Estimate P. Pier Widening & Modification
i. Site visit to Pier and review as-built dataii. Prepare design and plansiii. Evaluate existing pier deck at aquariumiv. Pier deck reconstruction and Aquarium roofv. Evaluate existing pier deck at temp rampvii. Special Provisionsviii. Quantity & Cost Estimate Assistant Roadway Engineer2
Assistant Bridge Engineer1
Assistant Roadway Engineer1
Senior CAD
CAD/Detailer
Environmental Manager
Senior Environmental Planner
Associate Environmental
Planner
Environmental Planner TOTAL HOURS LABOR COST ESCALATION OH RATE FEE OTHER DIRECT COST TOTAL COST $ 138.49 $ 111.97 $ 111.97 $ 209.21 $ 144.38 $ 235.73 $ 167.95 $ 144.38 $ 94.29 167.87% 10.00% DOKKEN ENGINEERING CONT.
650 1,074 49,858.00 $ 981.27 $ 85,343.89 $ 13,618.32 $ - $ 149,801.48 $ 60 104 5,000.00 $ 98.41 $ 8,558.70 $ 1,365.71 $ 15,022.81 $ 60 104 5,000.00 $ 98.41 $ 8,558.70 $ 1,365.71 $ 15,022.81 $ 60 96 4,440.00 $ 87.39 $ 7,600.12 $ 1,212.75 $ 13,340.26 $ 60 94 4,318.00 $ 84.98 $ 7,391.29 $ 1,179.43 $ 12,973.70 $ 110 166 7,328.00 $ 144.22 $ 12,543.62 $ 2,001.58 $ 22,017.43 $ 60 92 4,128.00 $ 81.24 $ 7,066.06 $ 1,127.53 $ 12,402.83 $ 60 92 4,128.00 $ 81.24 $ 7,066.06 $ 1,127.53 $ 12,402.83 $ 60 96 4,408.00 $ 86.76 $ 7,545.35 $ 1,204.01 $ 13,244.11 $ 60 92 4,128.00 $ 81.24 $ 7,066.06 $ 1,127.53 $ 12,402.83 $ 20 1,362.00 $ 26.81 $ 2,331.39 $ 372.02 $ 4,092.21 $
60 118 5,618.00 $ 110.57 $ 9,616.55 $ 1,534.51 $ 16,879.63 $ 215 285 609 28,228.00 $ 555.57 $ 48,318.97 $ 7,710.25 $ - $ 84,812.79 $ 60 120 214 9,654.00 $ 190.00 $ 16,525.13 $ 2,636.91 $ 29,006.05 $ 40 30 86 4,092.00 $ 80.54 $ 7,004.44 $ 1,117.70 $ 12,294.67 $ 20 40 73 3,329.00 $ 65.52 $ 5,698.38 $ 909.29 $ 10,002.19 $ 45 45 103 4,694.00 $ 92.38 $ 8,034.90 $ 1,282.13 $ 14,103.42 $ 20 20 51 2,435.00 $ 47.92 $ 4,168.08 $ 665.10 $ 7,316.11 $ 10 10 32 1,654.00 $ 32.55 $ 2,831.22 $ 451.78 $ 4,969.55 $ 20 20 50 2,370.00 $ 46.64 $ 4,056.82 $ 647.35 $ 7,120.81 $ 4 380.00 $ 7.48 $ 650.46 $ 103.79 $ - $ 1,141.73 $ 4 380.00 $ 7.48 $ 650.46 $ 103.79 $ 1,141.73 $ $ - - $ - $ - $ - $
$ - - $ - $ - $ - $
5 10 30 35 90 4,210.00 $ 82.86 $ 7,206.42 $ 1,149.93 $ - $ 12,649.21 $ 10 650.00 $ 12.79 $ 1,112.63 $ 177.54 $ 1,952.97 $
5 10 30 35 80 3,560.00 $ 70.07 $ 6,093.79 $ 972.39 $ 10,696.24 $ $ - - $ - $ - $ - $
$ - - $ - $ - $ - $
274 584 29,372.00 $ 578.08 $ 50,277.20 $ 8,022.73 $ - $ 88,250.01 $ 70 180 9,490.00 $ 186.78 $ 16,244.40 $ 2,592.12 $ 28,513.30 $ 24 40 1,842.00 $ 36.25 $ 3,153.02 $ 503.13 $ 5,534.40 $ $ - - $ - $ - $ - $
120 167 7,105.00 $ 139.84 $ 12,161.91 $ 1,940.67 $ 21,347.42 $ 28 1,860.00 $ 36.61 $ 3,183.83 $ 508.04 $ 5,588.49 $ 52 3,430.00 $ 67.51 $ 5,871.27 $ 936.88 $ 10,305.65 $ 60 117 5,645.00 $ 111.10 $ 9,662.77 $ 1,541.89 $ 16,960.76 $ 58 3,980.00 $ 78.33 $ 6,812.72 $ 1,087.11 $ - $ 11,958.16 $ 4 280.00 $ 5.51 $ 479.29 $ 76.48 $ 841.28 $ 2 140.00 $ 2.76 $ 239.64 $ 38.24 $ 420.64 $ 4 280.00 $ 5.51 $ 479.29 $ 76.48 $ 841.28 $ 32 2,160.00 $ 42.51 $ 3,697.36 $ 589.99 $ 6,489.85 $
4 280.00 $ 5.51 $ 479.29 $ 76.48 $ 841.28 $ 4 280.00 $ 5.51 $ 479.29 $ 76.48 $ 841.28 $ 4 280.00 $ 5.51 $ 479.29 $ 76.48 $ 841.28 $ 4 280.00 $ 5.51 $ 479.29 $ 76.48 $ 841.28 $ 120 100 680 45,500.00 $ 895.50 $ 77,884.13 $ 12,427.96 $ - $ 136,707.59 $ 12 972.00 $ 19.13 $ 1,663.81 $ 265.49 $ 2,920.43 $
80 100 480 32,040.00 $ 630.59 $ 54,844.12 $ 8,751.47 $ 96,266.18 $ $ - - $ - $ - $ - $
80 5,360.00 $ 105.49 $ 9,174.92 $ 1,464.04 $ 16,104.45 $ 40 40 2,840.00 $ 55.90 $ 4,861.34 $ 775.72 $ 8,532.96 $ 68 4,288.00 $ 84.39 $ 7,339.94 $ 1,171.23 $ 12,883.56 $ $ - - $ - $ - $ - $
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA COST PROPOSAL ‐ ESTIMATED HOURS BY TASK
CITY OF SANTA MONICA | PIER BRIDGE REPLACEMENT PROJECT ‐ DESIGN SERVICES June 26, 2023
FULLY BURDENED RATE
TASK DESCRIPTION
Q. Historic Architect/Preservation Specialist
i. NEPA Certified Professional/Architectii. Attend meetings iii. Perform design reviewsiv. Adjacent structure monitoring plan R. Miscellaneous Facility Relocations
i. Work with City on temporary and permanent relocation of Trash Compactorii. Removal/demolition of existing temporary officeiii. Removal of existing debris under bridgeiv. Reconstructed stairs & retaining wall S. Lighting & Electrical Design
i. Design lighting/electrical for bridge Ocean Avenueii. Design lighting/electrical on pier deck and pier edgeiii. Coordinate with SCE for electrical supplyiv. Design electrical for pier signv. Special Provisionsvi. Quantity & Cost Estimate T. Hazardous Waste
i. Hazardous Waste Sampling and Analysis Planii. Aerial Deposited Lead Surveyiii. Other environmental services
3. Permit Assistance
A. Prepare Caltrans encroachment permitB. Prepare submittal for Coastal Commission PermitC. Prepare submittal for State Lands CommissionD. Prepare submittal for State Department of Parks & RecreationE. Support for other permits and approvals as needed
4. Funding Assistance
A. Provide information for HBP documentation
5. Public Outreach
A. Public Outreach PlanB. Stakeholder DatabaseC. Collateral MaterialD. Photography/VideographyE. Website/Social MediaF. Community Meetings/Outreach EventsG. Attend Meetings/PresentationsH. WayfindingI. Groundbreaking and Ribbon Cutting Ceremonies
6. Bidding Support
A. Attend meetingsB. Respond to bidder inquiriesC. Prepare bid addendaD. Review bid results
7. Construction Support
A. Prepare ancillary environmental documents as requiredB. Engineering support during constructionC. Prepare Record DrawingsD. Project Closeout
TOTAL HOURS
TOTAL COST
PERCENTAGE OF SCOPE OF WORK
Assistant Roadway Engineer2
Assistant Bridge Engineer1
Assistant Roadway Engineer1
Senior CAD
CAD/Detailer
Environmental Manager
Senior Environmental Planner
Associate Environmental
Planner
Environmental Planner TOTAL HOURS LABOR COST ESCALATION OH RATE FEE OTHER DIRECT COST TOTAL COST $ 138.49 $ 111.97 $ 111.97 $ 209.21 $ 144.38 $ 235.73 $ 167.95 $ 144.38 $ 94.29 167.87% 10.00% DOKKEN ENGINEERING CONT.
4 32 82 6,062.00 $ 119.31 $ 10,376.56 $ 1,655.79 $ - $ 18,213.66 $ $ - - $ - $ - $ - $
2 190.00 $ 3.74 $ 325.23 $ 51.90 $ 570.87 $ 4 344.00 $ 6.77 $ 588.84 $ 93.96 $ 1,033.57 $ 4 32 76 5,528.00 $ 108.80 $ 9,462.49 $ 1,509.93 $ 16,609.22 $ 40 124 6,520.00 $ 128.32 $ 11,160.54 $ 1,780.89 $ - $ 19,589.75 $ 4 280.00 $ 5.51 $ 479.29 $ 76.48 $ 841.28 $
$ - - $ - $ - $ - $
$ - - $ - $ - $ - $
40 120 6,240.00 $ 122.81 $ 10,681.25 $ 1,704.41 $ 18,748.47 $ 204 348 17,832.00 $ 350.96 $ 30,523.73 $ 4,870.67 $ - $ 53,577.36 $ 80 120 5,840.00 $ 114.94 $ 9,996.56 $ 1,595.15 $ 17,546.64 $ 80 120 5,840.00 $ 114.94 $ 9,996.56 $ 1,595.15 $ 17,546.64 $ 12 32 1,856.00 $ 36.53 $ 3,176.99 $ 506.95 $ 5,576.47 $ 8 20 1,144.00 $ 22.52 $ 1,958.23 $ 312.47 $ 3,437.22 $ 4 24 1,552.00 $ 30.55 $ 2,656.62 $ 423.92 $ 4,663.08 $ 20 32 1,600.00 $ 31.49 $ 2,738.78 $ 437.03 $ 4,807.30 $ 24 24 82 3,678.00 $ 72.39 $ 6,295.78 $ 1,004.62 $ - $ 11,050.78 $ 10 510.00 $ 10.04 $ 872.99 $ 139.30 $ 1,532.33 $
$ - - $ - $ - $ - $
24 24 72 3,168.00 $ 62.35 $ 5,422.79 $ 865.31 $ 9,518.45 $ 8 40 206 13,445.00 $ $ 264.62 $ 23,014.33 $ ‐ 3,672.39 $ $ 40,396.34 48 3,230.00 $ 63.57 $ 5,528.92 $ 882.25 $ 9,704.74 $
8 40 62 3,885.00 $ 76.46 $ 6,650.11 $ 1,061.16 $ 11,672.73 $ 36 2,390.00 $ 47.04 $ 4,091.06 $ 652.81 $ 7,180.90 $ 36 2,390.00 $ 47.04 $ 4,091.06 $ 652.81 $ 7,180.90 $ 24 1,550.00 $ 30.51 $ 2,653.20 $ 423.37 $ 4,657.07 $ 88 6,568.00 $ $ 129.27 $ 11,242.70 $ ‐ 1,794.00 $ $ 19,733.97 88 6,568.00 $ 129.27 $ 11,242.70 $ 1,794.00 $ 19,733.97 $ 80 132 8,740.00 $ $ 172.01 $ 14,960.60 $ ‐ 2,387.26 $ $ 26,259.88 32 3,040.00 $ 59.83 $ 5,203.69 $ 830.35 $ 9,133.87 $
$ - - $ - $ - $ - $
80 80 3,920.00 $ 77.15 $ 6,710.02 $ 1,070.72 $ 11,777.88 $ $ - - $ - $ - $ - $
$ - - $ - $ - $ - $
$ - - $ - $ - $ - $
$ - - $ - $ - $ - $
$ - - $ - $ - $ - $
20 1,780.00 $ 35.03 $ 3,046.90 $ 486.19 $ 5,348.12 $
2 12 152 10,158.00 $ $ 199.92 $ 17,387.85 $ ‐ 2,774.58 $ $ 30,520.35 8 30 2,090.00 $ 41.13 $ 3,577.53 $ 570.87 $ 6,279.54 $
2 4 66 4,296.00 $ 84.55 $ 7,353.63 $ 1,173.42 $ 12,907.60 $ 46 2,950.00 $ 58.06 $ 5,049.63 $ 805.77 $ 8,863.46 $ 10 822.00 $ 16.18 $ 1,407.05 $ 224.52 $ 2,469.75 $ 112 24 8 80 80 100 1,616 99,592.00 $ $ 1,960.11 $ 170,475.52 $ ‐ 27,202.76 $ $ 299,230.39 8 80 80 100 476 26,768.00 $ 526.83 $ 45,819.83 $ 7,311.47 $ 80,426.13 $ 80 988 63,708.00 $ 1,253.86 $ 109,051.47 $ 17,401.33 $ 191,414.67 $ 32 24 100 5,176.00 $ 101.87 $ 8,859.96 $ 1,413.78 $ 15,551.62 $ 52 3,940.00 $ 77.54 $ 6,744.25 $ 1,076.18 $ 11,837.98 $ 275 44 2,899 756 372 55 234 158 199 13,445
$ 4,926.67 38,084.42 $ 324,600.16 $ 158,160.11 $ 53,710.07 $ 12,964.91 $ 39,301.35 $ 22,812.34 $ 18,763.75 $ 799,626.00 $ 15,737.72 $ 1,368,751.08 $ 218,411.48 $ 31,958.07 $ $ 2,434,484.34
0.92% 0.12% 7.81% 3.80% 1.29% 0.31% 0.95% 0.55% 0.45%
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA COST PROPOSAL ‐ ESTIMATED HOURS BY TASK
CITY OF SANTA MONICA | PIER BRIDGE REPLACEMENT PROJECT ‐ DESIGN SERVICES June 26, 2023
FULLY BURDENED RATE
1. Project Management
A. AdministrationB. Project ScheduleC. Manage SubconsultantsD. Meetings, design schedule, budgetE. Quality Assurance/Quality ControlF. Design Coordination
2. Design Services
A. Plans, Specifications, & Estimate (PS&E) Phase: 65%, 95%, 100% Submittals i. PS&E submittalsii. Track and respond to commentsiii. Resubmit PS&Eiv. Constructability Review B. Assemble SpecificationsC. Assemble Cost EstimateD. Construction Working Day Schedule, RE FileE. Surveying & MappingF. Bridge Design and Detailing i. Superstructure design - design & Qsv. Assemble design & check calculations - checkvi. Prepare special provisionsvii. Quantity design & check estimate, cost estimateviii. Demolition drawings/specificationsix. Staging plansx. Design of temporary pedestrian bridgexi. Design of temporary vehicular ramp G. Ground supported curtain wall under bridge near pier i. Wall Designii. Wall Design Check
H. Pier Sign
i. Field visitii. Prepare Pier Sign Protection Planiii. Structural analysis and design of frameiv. Provide new power sourcev. Assemble design & check calculationsvi. Prepare special provisionsvii. Quantity design & check estimate, submit cost estimateviii. Develop neon sign restoration plan I. Roadway Design
i. Colorado Avenue from Ocean to Pier Deck (added bollards)ii. Temporary Lot 1 North Entranceiii. Lot 1 North Improvements
1. Lot 1 North Design2. Civil design east and west sides of Ocean Front Walk3. Civil design of Ocean Front Walk iv. ADA Improvementsv. Final Signing/Striping plansvii. Quantity & Cost Estimate
TASK DESCRIPTION
Margaret Meadows
Project Manager
Thomas Reese
Senior Project Coordinator
Matt Evans
Senior Project Coordinator
Sohrab Mikanik
Tech Lead
Kyle Santiago
Creative Lead
Issac Chavez
Project Coordinator TOTAL HOURS LABOR COST ESCALATION OH RATE FEE OTHER DIRECT COST TOTAL COST $ 160.81 $ 106.38 $ 98.96 $ 173.18 $ 136.07 $ 59.38 124.91% 10.00% 30 30 50 20 50 180 7,540.00 $ $ 346.14 $ 9,850.57 $ ‐ 1,773.67 $ $ 19,510.38 $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ 30 30 50 20 50 180 7,540.00 $ 346.14 $ 9,850.57 $ 1,773.67 $ 19,510.38 $ $ ‐ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ $ - - $ - $ - $ - $ - $
$ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ - $ - $ $ - - $ - $ - $
$ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $
$ - - $ - $ - $
$ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $
$ - - $ - $ - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $
$ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $
ARELLANO ASSOCIATES (DBE)
DocuSign Envelope ID: D51AE41B-B585-40EB-9DCB-48445D031CAA COST PROPOSAL ‐ ESTIMATED HOURS BY TASK
CITY OF SANTA MONICA | PIER BRIDGE REPLACEMENT PROJECT ‐ DESIGN SERVICES June 26, 2023
FULLY BURDENED RATE
TASK DESCRIPTION
J. Traffic Management & Staging Plans
i. Staging plans for temporary pedestrian bridgeii. Staging plans/temporary striping for Lot 1 Northiii. Staging plans for temporary rampiv. Temporary striping for Palisades beach Road/Appian Wayv. Temporary striping & signing on the Pier deckvi. Traffic detour for PCH/Palisades Beach Road exitvii. Traffic detour for Appian Way and Moomat Ahiko Way East & Westviii. Pedestrian/Bike detoursix. Pedestrian/Bike detour for Marvin Braude Bike Trailx. Special Provisionsxi. Quantity & Cost Estimate K. Drainage Design, Stormwater Pollution Prevention Plans (SWPPP) BMPs i. General site drainage analysisii. Drainage design for bridgeiii. Stormwater BMP designiv. Water Quality Management Plan (WQMP) if needed by California Coastal Commissionv. Stormwater Pollution Prevention Plans (SWPPP) if needed by California Coastal Commissionvi. Special Provisionsvii. Quantity & Cost Estimate L. Geotechnical Recommendations
i. Foundation Report and Geotech Design Reportii. Pavement recommendationsiii. Miscellaneous Items M. Landscape Design
i. Plans for landscape reconstruction ii. Perform existing tree surveyiii. Special provisionsiv. Quantity & Cost estimate N. Utility Coordination & Design
i. Utility coordinationii. Collect and map as-built data provided by City and utility companiesiii. Locate Utilities / BIMiv. Maintain/update utility base mapv. Design utility relocationsvi. Special Provisionsvii. Quantity & Cost Estimate O. Mechanical, Electrical, Plumbing and Fire Protection Design (MEP & FP) i. Design MEP & FP under pier ii. Review available as-built dataiii. Perform site visit, inspection, and mapping of MEP & FPiv. Work with City on utilities relocationsv. Prepare relocation plansvi. Repair MEP & FP connecting to aquariumvii. Special Provisionsviii. Quantity & Cost Estimate P. Pier Widening & Modification
i. Site visit to Pier and review as-built dataii. Prepare design and plansiii. Evaluate existing pier deck at aquariumiv. Pier deck reconstruction and Aquarium roofv. Evaluate existing pier deck at temp rampvii. Special Provisionsviii. Quantity & Cost Estimate Margaret Meadows
Project Manager
Thomas Reese
Senior Project Coordinator
Matt Evans
Senior Project Coordinator
Sohrab Mikanik
Tech Lead
Kyle Santiago
Creative Lead
Issac Chavez
Project Coordinator TOTAL HOURS LABOR COST ESCALATION OH RATE FEE OTHER DIRECT COST TOTAL COST $ 160.81 $ 106.38 $ 98.96 $ 173.18 $ 136.07 $ 59.38 124.91% 10.00%
ARELLANO ASSOCIATES (DBE)
$ - - $ - $ - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $ $ - - $ - $ - $