SR 05-09-2023 5J
City Council
Report
City Council Meeting: May 9, 2023
Agenda Item: 5.J
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To: Mayor and City Council
From: Edward F King, Director, Mobility (DOT)
Subject: Approval of Modification of the Professional Services Agreement for the Safe
Routes to School Pedestrian Improvements at Six Schools Project to extend
the term
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of statutory exemption pursuant to Section 21080.25 of the
California Environmental Quality Act (CEQA) and categorical exemptions
pursuant to Sections 15301 and 15304 of the CEQA Guidelines.
2. Authorize the City Manager to negotiate and execute a first modification to
Contract Agreement #10968 (Attachment A) with Stantec Consulting Services,
Inc. for the Safe Routes to School (SRTS) Pedestrian Improvements at Six
Schools Project, to extend the term of the agreement through December 31,
2024.
Summary
Santa Monica’s Department of Transportation (DOT) is advancing the Safe Routes to
Schools (SRTS) Pedestrian Improvement at Six Schools project, which will help achieve
the City’s priorities of Clean and Safe and Sustainable and Connected Community; and
the City Council’s Vision Zero commitment to eliminate fatalities and serious injuries
caused by traffic collisions by 2026. The project encourages walking and bicycling to six
schools by enhancing access and safety conditions surrounding McKinley Elementary,
Edison Language Academy, Santa Monica Alternative Schoolhouse (SMASH), John
Muir Elementary, Franklin Elementary, and Grant Elementary.
The project was delayed due to staff capacity limitations and the prioritization of other
grant-funded capital projects with inflexible funding deadline requirements, and the Six
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Schools agreement for the project’s transportation planning and engineering design
services with Stantec Consulting Services, Inc. expires on June 30, 2023. While project
design has resumed, the work will not be completed before the contract expiration. A
no-cost contract modification to extend the term to December 31, 2024, is required to
complete the project.
Discussion
The Bicycle Action Plan (2011) calls for the City’s Safe Routes to School (SRTS) efforts
to focus on infrastructure improvements at conflict zones and evaluate program and
network effectiveness in increasing bicycle mode share of school children. The
Pedestrian Action Plan (2016) identifies the SRTS program as aiding in the
implementation of infrastructure improvements that support walking and bicycling and
references a systematic evaluation of streets within a quarter mile of the city’s K-12
schools to help prioritize improvements.
In October 2018, the SRTS Walk Audit Report was released and includes preliminary
recommendations including, but not limited to, curb extensions, curb ramp
improvements, new or improved crosswalks, installation of rectangular rapid flashing
beacons (RRFBs), and other safety countermeasures. The Pedestrian Improvements at
Six Schools Project will advance the recommendations identified for the six schools in
the 2018 SRTS Walk Audit Report by delivering a community-supported construction-
ready Plans, Specifications, and Estimates (PS&E) package for improvements at all six
schools.
Stantec Consulting Services, Inc. was awarded the contract to provide transportation
planning and engineering design services for the SRTS Pedestrian Improvements at Six
Schools Project on November 12, 2019. The project is funded by local transportation
funds. Due to restructuring, staff prioritized capital projects funded by state and federal
grants with immediate grant funding deadlines, and the completion of the Pedestrian
Improvement at Six Schools project was delayed as a result. While the project has now
resumed, extending the term of the contract is necessary to complete the project design
and move the project toward construction in the summer of 2024.
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Past Council Actions
Meeting Date Description
11/12/19 (Attachment B) Original award of Professional Services Agreement with
Stantec Consulting Services, Inc. to provide
transportation planning and engineering design services
for the Safe Routes to School (SRTS) Pedestrian
Improvements at Six Schools Project
Environmental Review
The modification of the professional services agreement would provide planning and
engineering design services for the SRTS Pedestrian Improvements at Six Schools
Project. The SRTS projects are exempt from CEQA pursuant to Section 21080.25 of the
State Implementation Guidelines in that the projects consists of pedestrian and bicycle
facilities that improve safety, access, or mobility within the public right-of-way.
Additionally, the project is categorically exempt per Section 15301 (Class 1- existing
facilities) and Section 15304 (Class 4 - minor alterations to land) in that the project
would make minor changes to existing roadways and minor alterations to land to
implement pedestrian improvements.
Financial Impacts and Budget Actions
Staff seeks authority to modify the contract agreement with Stantec Consulting
Services, Inc. to extend the term through December 31, 2024. The not-to-exceed
amount of the contract remains unchanged.
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Prepared By: Shayne Smith, Transportation Planning Associate
Approved
Forwarded to Council
Attachments:
A. Attachment A: 6 Schools Contract 10968
B. Attachment B: November 12, 2019 Staff Report (Web Link)
C. ITEM.5.J.Written Comments
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Contract No. 10968
PROFESSIONAL SERVICES AGREEMENT FOR DESIGNERS
This Professional Services Agreement (“Agreement”), entered into as of
_________________(“Execution Date”), by and between the City of Santa Monica
(“City”) and Stantec Consulting Services, Inc. (“Stantec” or “Design Consultant”), is made
with reference to the following:
RECITALS:
A. The City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of the City.
B. Design Consultant is qualified to do business, and is doing business, in the State of
California. Design Consultant represents it has the background, knowledge,
experience and expertise necessary to provide the services set forth in this Agreement.
C. The City and Design Consultant now desire to enter into an agreement for Design
Consultant to provide professional services to the City.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERMS AND CONDITIONS
1. Term. This Agreement begins on the Execution Date and terminates on June 30,
2023 (“Expiration Date”), unless sooner terminated or extended in accordance with
the provisions of this Agreement.
2. Design Consultant Services. Design Consultant will perform all of the services
(“Services”) described in Exhibit A, Scope of Services. Design Consultant will
complete the Services in accordance with Exhibit B, Budget and will promptly
examine and respond to all documents submitted to Design Consultant by City.
3. City Services. The City agrees to:
3.1 Make available to Design Consultant any currently existing documents, data or
information required for the performance of the Services.
3.2 Designate a representative authorized to act on behalf of City.
3.3 Promptly examine and render findings on all documents submitted for staff
review by Design Consultant.
4. Compensation. The City will compensate Design Consultant for the Services
performed in an amount not to exceed $430,598 (Four Hundred Thirty Thousand
Five Hundred and Ninety-Eight Dollars), as set forth in Exhibit B.
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5. Invoices. Design Consultant will invoice the City for the Services in accordance with
Exhibit B and the City will pay any undisputed amount within 30 days of receipt.
6. Notices. All notices, demands, requests or approvals to be given under this
Agreement, must be in writing and will be deemed served when delivered personally,
by email, or on the third business day after deposit in the United States mail, postage
prepaid, registered or certified, addressed as follows:
6.1 All notices, demands, requests or approvals to the City:
City of Santa Monica Mobility Division
1685 Main Street
Santa Monica, California 90401
Attention: Joseph SanClemente, Principal Transportation Planner
Re: Contract No. 10968
with a copy to:
Santa Monica City Attorney’s Office
1685 Main Street, Third Floor
Santa Monica, California 90401
Attention: City Attorney
Re: Contract No. 10968
6.2 All notices, demands, requests or approvals to Design Consultant:
Stantec Consulting Services, Inc.
38 Technology Drive
Irvine, CA 92618-5312
Attention: Sherry Weinmeier, Principal
sherry.weinmeier@stantec.com
Re: Contract No. 10968
7. Independent Parties. Both parties to this Agreement will be acting in an independent
capacity and not as agents, employees, partners, or joint venturers of one another.
Neither the City nor its officers or employees will have any control over the conduct
of Design Consultant or any of Design Consultant’s agents, employees, or
subconsultants except as otherwise provided in this Agreement.
8. Integrated Contract. This Agreement represents the full and complete understanding
of every kind or nature whatsoever between the parties. Any preliminary negotiations
and agreements of any kind or nature are merged into this Agreement. No oral
agreement or implied covenant may be held to vary the provisions of this Agreement.
This Agreement may be modified only by written agreement signed by City and
Design Consultant, and approved as to form by the City Attorney.
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9. Insurance. Prior to commencing work, 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 Design
Consultant or Design Consultant’s 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 C, Insurance Requirements and Verifications.
10. Defense and Indemnification.
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 Design Consultant’s negligence, recklessness or willful misconduct
in the performance of professional services under this Agreement.
10.1.2 For Other Claims.
Except as otherwise set forth in the preceding paragraph regarding Claims
Arising From Design Services, 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 Design Consultant (other than
professional negligence, which is covered under Section 10.1.1, above), or
recklessness or willful misconduct by Design 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 Design 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 obligations shall survive any
termination of this Agreement.
10.2 Enforcement Costs. Design Consultant agrees to pay any and all costs the City
incurs enforcing the indemnity, defense and hold harmless provisions set forth
in Section 10.1.
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11. Prohibition Against Transfers.
11.1 Design Consultant may not assign, hypothecate, or transfer this Agreement or
any interest therein directly or indirectly, by operation of law or otherwise
without the prior written consent of City. Any attempt to do so without the
City’s consent will be null and void, and any assignee, hypothecatee or
transferee acquires no right or interest by reason of such attempted assignment,
hypothecation or transfer.
11.2 The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Design Consultant or of any general partner or
joint venturer or syndicate member of Design Consultant, if a partnership or
joint venture or syndicate exists, which results in changing the control of
Design Consultant, will be construed as an assignment of this Agreement.
Control means 50% or more of the voting power of the corporation.
12. Permits and Licenses. Design Consultant, at its sole expense, must obtain and
maintain during the term of this Agreement all required business and professional
permits, licenses and certificates.
13. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any
subsequent breach of the same or any other term, covenant, or condition of this
Agreement.
14. Default and Termination.
14.1 If Design Consultant fails or refuses to perform any of the provisions of this
Agreement, and if the default is not cured within a period of five days after the
City’s written notice of default specifying the nature of the default, City may
immediately terminate this Agreement by written notice to Design Consultant.
14.2 The City has the option, at its sole discretion and without cause, of terminating
this Agreement by giving ten days’ written notice to Design Consultant. Upon
termination of this Agreement, City will pay Design Consultant any
compensation earned and unpaid up to the effective date of termination.
15. Compliance with Law. Design Consultant must comply with all laws of the State of
California and the United States, and all ordinances, rules, and regulations enacted or
issued by City.
16. Discrimination. Design Consultant may not discriminate in the provision of services
hereunder because of race, color, religion, national origin, ancestry, sex, age, sexual
orientation, marital status, AIDS or disability.
17. Nuisance. Design Consultant may not maintain, commit, or permit the maintenance
or commission of any nuisance in connection with the performance of services under
this Agreement.
18. Records.
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18.1 Design Consultant must maintain complete and accurate records with respect
to costs, expenses, receipts and other such information required by the City for
any services provided where compensation is on the basis of hourly rates,
subconsultant costs, or other direct costs. Design Consultant must keep the
records, together with supporting documents, separate from other documents
and records and maintain them for a period of three years after receipt of final
payment.
18.2 Design Consultant must maintain records in sufficient detail to permit an
evaluation of the Services and in accordance with generally accepted
accounting principles. Design Consultant must clearly identify all records and
make them readily accessible to the City. At the City’s request, Design
Consultant must provide records in an electronic format and, if necessary,
access to any proprietary software to view such electronic records.
18.3 Design Consultant must allow the City to have free access to Design
Consultant’s books and records and to inspect all work, data, documents,
proceedings and activities related to this Agreement. The City has the right to
examine or audit Design Consultant’s records, and Design Consultant agrees
to cooperate with any examination or audit of its records. If a City audit
discloses an error of 5% or more in information reported by Design
Consultant, Design Consultant agrees to pay the cost of the City’s audit
computed on the basis of four times the direct payroll of the audit staff
completing the audit and audit report.
19. Work Product; Reports.
19.1 Any work product prepared or caused to be prepared by Design Consultant or
any subconsultant for this Agreement will be the exclusive property of City. No
work product given to or prepared by Design Consultant or any subconsultant
pursuant to this Agreement may be made available to any individual or
organization by Design Consultant without prior written approval by City.
19.2 At the City’s request, Design Consultant must furnish reports concerning the
status of the Services.
20. Standard of Care. Design Consultant agrees to provide all Services, including services
performed by any subconsultant, in a manner consistent with the level of care and
skill ordinarily exercised by members of Design Consultant’s profession currently
practicing in the same locality under similar conditions.
21. Subconsultants.
21.1 If Design Consultant proposes to have any subconsultant perform any part of
the Services, Design Consultant must submit a request for approval in writing,
describing the scope of work to be subcontracted, the name of the proposed
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subconsultant, and the total price or hourly rates used in preparing an
estimated cost for the subconsultant’s services. The City, in its sole discretion,
may grant or deny the request.
21.2 Design Consultant will be responsible for the quality of any subconsultant’s
work. Every subcontract or agreement of any kind entered into between Design
Consultant and any subconsultant (or between any subconsultant and others)
must contain the following provision:
This agreement is consistent with all terms and conditions of the
Agreement No. 10968 (CCS) entered into between the City of
Santa Monica and Design Consultant on ________________.
22. Governing Law. The laws of the State of California, without regard to any choice of
law provisions, will govern this Agreement.
23. Venue and Jurisdiction. The City and Design Consultant agree that the Services will
take place in Los Angeles County. Any litigation arising out of this Agreement may
only be brought in either the United States District Court, Central District of
California, or the Superior Court of California, County of Los Angeles, West District,
as appropriate. The parties agree that venue exists in either court, and each party
expressly waives any right to transfer to another venue. The parties further agree that
either court will have personal jurisdiction over the parties to this Agreement.
24. Survival of Provisions and Obligations. Any provision of this Agreement, which by its
nature must be exercised after termination of this Agreement, will survive termination
and remain effective for a reasonable time. Any obligation that accrued prior to
termination of this Agreement will survive termination of this Agreement.
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25. Exhibits. The following exhibits are incorporated by reference into this Agreement as
though fully set forth herein.
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Insurance Requirements
Exhibit D Prevailing Wage Job Acknowledgement Form
In witness whereof, the parties have caused this Agreement to be executed 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
STANTEC CONSULTING SERVICES,
INC.
By: ________________________________
Name: SHERRY WEINMEIER
Title: Principal
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4/21/2020
George S. Cardona
Acting City Attorney
4/21/2020
5/19/2020
Lane Dilg
City AttorneyCity Clerk
5/19/2020
Denise Anderson-Warren
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Exhibit A
Scope of Services
Design Consultant will provide transportation planning and engineering design services
for the City’s Safe Routes to School (SRTS) Pedestrian Safety Improvements at Six
Schools project.
Task 1—Background Research
a. Following the kick-off meeting with the City, Design Consultant will research and
obtain available as-built record drawings, reports, assessor's parcel maps, right-of-
way maps, street centerline ties, utility information, aerial photos, topographic
mapping, and other pertinent information for the Project from the City, County,
or other applicable agencies as appropriate.
b. Design Consultant will also make field visits as required to evaluate and document
existing conditions.
Deliverables: List of available documents, data, and information collected.
Task 2—Existing Conditions Assessment
Design Consultant will perform field observations at each of the schools during the peak
activity periods to assess the flowing existing conditions:
a. Loading Zone and Access: Design Consultant will visit each of the schools and
evaluate drop-off and pick-up circulation and access to each campus and make
final recommendations to reduce congestion and improve safety and efficiency
and/or operations of the school.
b. Pavement Markings and Signage: Design Consultant will evaluate the existing
pavement markings and signage on the roadways adjacent to each of the school
campuses and make recommendations to improve safety and/or operations at the
school.
c. Conduct Field Observations of each location identified in the City’s RFP and in
the Walk Audit Report to identify feasibility and identify any physical constraints:
Design Consultant will visit each of the schools and each of the locations
identified in the RFP and the Walk Audit Report and evaluate the feasibility of
implementing the proposed improvements and also identify any constraints or
alternative solutions.
Deliverables: A concise summary of existing school access and circulation patterns, issues
reserved at each school during pick-up/drop-off and recommendations to improve
access/operations and signage and striping on the roadways adjacent to each school.
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Task 3—Meetings, Public Outreach and Coordination
Design Consultant will provide the following meetings, coordination and materials:
a. Conduct a kick-off meeting with the project team and City staff at City Hall.
b. Conduct up to two design coordination meetings with City and SMMUSD to
discuss and coordinate the proposed project with SMMUSD master planning
efforts.
c. Conduct up to three design coordination meetings with City staff, at City Hall, as
needed.
d. Conduct bi-weekly conference calls with the City project manager to provide
updates on progress and discuss any issues. Design Consultant will make available
key project team members of the project team as needed to resolve issues.
e. Up to six meetings with the schools (one per school).
f. Up to four stakeholder meetings. These may include meetings with neighborhood
groups, local commissions, and/or other key holders/abutters.
g. Produce high-quality presentation materials, easy to understand drawings,
exhibits, renderings and/or other graphics and information materials needed to
support City staff with public outreach and participation.
Deliverables: Presentation materials, meeting agendas, meeting materials, meeting notes,
outreach materials, and project schedule updates (as needed).
Task 4—Surveys and Base Maps
Design Consultant will provide aerial and topographic design survey within the project
limits at the level of detail necessary to verify existing conditions and design the proposed
improvements at all school locations.
Aerial Topography: Current aerial topography and existing plainmetrics data will be
obtained for the property. The photography will be flown for use at a scale of 1” = 40’,
with contours compiled at 1-foot intervals. Spot elevations and existing site features
identifiable from photography will also be compiled. In an effort to provide sufficient
coverage for design, the aerial limits will extend to cover project limits.
This line item includes the field work to set horizontal and vertical control required for
the aerial effort, which will be based on NAD83 and NAVD88.
Having an aerial topographic map would give the design team the ability to prepare
preliminary engineering studies and once the feasibility of the proposed improvements is
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determined, supplemental topographic surveys may be required at the curb extension and
ramp areas.
A color digital ortho-photo will be prepared from the photography. The ortho-photo will
be a rectified image so as to closely match the compiled topography, providing the
capability to prepare accurate, color exhibits on subsequent efforts.
Deliverables: A digital CAD file containing the resulting data and digital TIFF image(s) of
the ortho-photography along with corresponding geo-referenced World files to allow for
seamless integration of the photo into the compiled topography and other drawings.
Supplemental Topography: As a supplement to the aerial effort, conventional ground
survey will be used to spot verify the aerial topography and obtain additional detail in key
areas. The supplemental data will be used in conjunction with the aerial mapping to
create a single topographic map that will be used as the basis for design.
Design Consultant have budgeted supplemental topography at several areas where the
City is proposing curb extension and other intersection improvements. This level of effort
may need to be re looked once the preliminary phase select the preferred alternatives for
each school.
Deliverables: Digital CAD file containing the resulting data.
Centerline: Monuments will be observed to retrace the centerlines of those areas within
the limits of the supplemental topo. The results will be incorporated into a base-map
illustrating existing centerline conditions.
Available agency research, prior surveys, and assessor parcel maps will be used to prepare
the base-map. This will not be a full and complete boundary survey of the adjacent land
parcels. Survey monuments located and indicated on the survey will be limited to existing,
centerline monuments found within the supplemental topo limits.
Deliverables: Digital CAD file containing the resulting base-map data.
Task 5—Preliminary Design Development (30% Design)
Before initiating the final design phase, Design Consultant will carefully reviewing the
feasibility and constructability of the concepts previously studied to meet the City’s
objectives for this project. Design Consultant will build upon City’s preliminary findings
and recommendations of the Walk Audit Report and introduce other ideas and complete
street elements to enhance the end-user experience. Once the background research has
been completed and the survey and base maps have been created, Design Consultant will
work, in close coordination with City staff and evaluate, verify and refine the
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recommendations provided in the City’s RFP and identified in the walk audit and then
develop 30% design plans. Where needed for each of the proposed improvements, Design
Consultant will provide alternatives for consideration and selection.
Design Consultant will:
• Test all preliminary designs for geometric constraints; best practices for bicycle
and pedestrian design (e.g., NACTO); drainage impacts; safety and visibility;
lighting photometrics (where appropriate); utility relocation needs, impacts to
existing trees; and American with Disabilities Act and Guidelines (ADA &G)
compliance.
• Conduct turning radius assessment (e.g., Auto Turn) for each design for all
appropriate design vehicles (of primary concern will be Blue Bus and Fire’s
Hazmat).
• Identify any signal modifications that may be required as part of improvements
(e.g., signal equipment modifications that may be required as part of the proposed
improvements.
For each alternative, Design Consultant would develop a rough order of magnitude cost
estimate and identify any R/W, permitting, construction, drainage and utility impacts.
Design Consultant would discuss and review the pros and cons of any design
considerations with City staff and document the approach for final design.
Design Consultant will meet with City staff and all other stakeholders and develop the
preferred alternative for each desired improvement. Design Consultant allow up to two
revisions based on comments. Design Consultant has allocated in the project schedule
blocks of time to conduct meetings, public outreach and coordination throughout the
design process.
Deliverables: 30% plan design concepts at each location (with alternatives if required),
supporting documentation, and materials as appropriate (e.g. plan views, cross sections,
sketches, Autoturn, cost estimates, supporting analysis, etc.) and preferred alternative to
advance to PS&E.
Task 6—Design Documents (PS&E 60%, 90% and 100% submissions)
Based on the approved 30% Design Plans, Design Consultant will develop PS&E
documents. PS&E documents will be subject to an internal review process and then
submitted for City’s review and comments at the 60%, 90% and 100% completion stages.
Based on City’s and all other stakeholder’s feedback, the documents will be finalized for
construction.
The anticipated list of plans, deliverables and documents included in this task would
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include:
• Title sheet on City standard border including vicinity map, sheet index, agency
contacts, design team contacts, index map and all applicable notes and
requirements for City plans
• Typical cross sections and details
• Street plan and profiles
• Grading plans for the curb extension areas
• Signing and striping plans
• Traffic signal modification plans
• Enhanced Pedestrian Crossing Warning System Plans
• Traffic control plans, including construction phasing recommendations
• Lighting and photometric plans
• Utility relocation plans (Design Consultant have assumed minimum amount
of relocations with the bulb-outs which will be coordinated with the
appropriate utility company or agency)
• Storm Drain Relocation - This includes the catch basins affected by the
proposed curb extensions which will require permitting by the County of LA
• Pavement plans
• Landscape and irrigation plans - No Landscape and Irrigation Plans are
anticipated. Stantec will add landscape construction notes to the street plans
directing the contractor to match adjacent existing conditions (i.e., concrete, grass,
or DG but no irrigation) at the curb extensions.
• Project specifications
• Construction cost estimates
• Response to review comments
• Permit applications (a budget of $10,000 has been included in Design
Consultant budget to accommodate County permit fees)
• Potholing [A budget of $10,000 has been included to pothole eight locations
within the project (assumed)]
• Turning radius evaluation (i.e., Auto Turn) for all geometric changes required
during the PS&E phase to satisfy requirements by Big Blue Bus and the Fire
Department
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Task 7—Utility Coordination
a. This task includes utility coordination, including utility research, preparation and
submittal of utility information requests, review and identification of utility prior
rights, identifying utility manholes and valves requiring adjustments within the
project area, and distributing preliminary and final plans to the utility companies
and City’s Utility Service Department. Contact will be established with the private
utility companies that have infrastructure in the project area. For each utility
within the project, "as-built" plans, atlases and record information will be
obtained, and information regarding any future changes to their facilities or
planned new facilities in the area will be solicited. Underground Service Alert will
be contacted to identify subsurface facilities in the project area. The utility
companies will be contacted after distribution of the plans to confirm that they
received the plans and the City will be notified of the progress and any conflict
issues. Design Consultant will prepare and submit utility conflict and utility
relocation notices to utility owners, as required, obtain utility permits and
clearances as required to construct the project. Design Consultant will prepare
and maintain complete utility documentation including utility correspondence
logs, utility meeting minutes and utility disposition matrices. Design Consultant
will also closely monitor and coordinate any utility conflicts on private and City
properties and impediments to the construction and project schedule.
Deliverables: Utility log, utility permit and clearances, and utility coordination meetings as
needed.
Task 8—Bidding and Construction Support Services
a. Design Consultant will assist the City in preparation of contract documents for
bidding, and attend the pre-bid meeting. Design Consultant will be available to
respond to questions from bidders, provide clarification of plans and
specifications, and prepare responses as needed to modify or clarify the Contract
Documents during the bid phase. Design Consultant will also assist the City in
evaluating the submitted bids. The budget allowance for this task assumes
approximately 12 hours of Design Consultant’s combined staff time.
b. Design Consultant will attend the pre-construction meeting and other meetings
with City staff, other agencies, and the public as required. Design Consultant will
be available to clarify design-related issues during bid and construction including
preparation of addenda, respond to Request for Information (RFI) and submittal
reviews.
c. Design Consultant will participate in the development of punch list and
recommendations to the City for substantial completion date and acceptance of all
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corrective and completion work by the contractor; help ensure all specified
submittals are responsive to the intent.
d. Design Consultant will prepare “as-built” plans based upon redlines provided by
the contractor and/or construction manager. For the purpose of this proposal, 24
hours of staff time for construction support and 16 hours for preparation of as-
built plans for a total of 40 hours have been allowed for this task.
Deliverables: As-built plans, memos/documents regarding construction period support.
Assumptions:
This proposal was based on the following assumptions related to the proposed project:
• No right-of-way acquisition will be required for this project.
• No environmental processing is included as part of this scope.
• The City has regional water quality treatment systems and therefore no local
treatment is assumed for this project.
• No SUSMP is included in the project.
• The proposed bulb-outs will not be landscaped or irrigated. This scope only
includes minor landscape work to properly terminate existing landscape areas
at bulb-outs. Landscape and irrigation construction notes will be part of the
street plans.
• No geotechnical investigation is included in this project.
• Additional requirements may affect the proposed costs and items.
• Design Consultant assumes that there is a sufficient amount of available record
information to adequately determine the right-of- way locations. Additional work
resulting from ambiguities or a lack of available right-of-way records may require
an additional work effort that is not covered within this Scope of Services.
• Any existing easements requiring additional survey work to properly tie them to
the boundary of the property are not included in this Scope of Services.
• Sufficient site access will be provided by the client to access the project limits.
• If information depicted on the proposed survey should lead to further
investigation by Design Consultant, additional fees may be incurred, and are not
included within this Scope of Services. Design Consultant will handle requests of
this nature under separate, written authorization.
• If information depicted on the proposed survey should lead to further
investigation by persons not connected to this firm, Design Consultant
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will not be held liable for costs associated with or any delays caused by
said efforts.
Exclusions:
Items not specifically identified in the scope of service sections of this proposal are to be
excluded from this work effort and would be considered additional services. Such services
would include, but are not limited to, the following:
• Additional exhibits or documents not specifically outlined herein
• Construction staking services
• New or additional boundary monuments
• Revisions to work completed or underway due to a change in
information or instruction provided to Stantec by the client or client’s
consultant(s)
• Subdivision mapping/lot line adjustments/certificates of Compliance
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Project Schedule DocuSign Envelope ID: 08FEDF73-C50B-41D5-8A14-C9E4DEFB3A9F5.J.aPacket Pg. 563Attachment: Attachment A: 6 Schools Contract 10968 (5719 : Contract Extension for Safe Routes to School Project at Six Schools)
Exhibit B
Budget
The City will compensate Design Consultant for the Scope of Services as described in
Exhibit A during the Term of this Agreement, in an amount not to exceed $430,598
(Four Hundred Thirty Thousand Five Hundred and Ninety-Eight Dollars), as set forth
below. The City will pay any undisputed amount within 30 days of receipt.
TASKS COST
Task 1. Background and Research $ 11,498
Task 2. Existing Condition Assessment $ 20,656
Task 3. Meetings, Public Outreach, and Coordination $ 40,700
Task 4. Survey and Base Maps $ 98,007
Task 5. Preliminary Design Development (30% Design) $ 36,912
Task 6. Final Design Documents (60%, 90%, and 100%
Design PS&E) $ 198,048
Task 7. Utility Coordination $ 7,842
Task 8. Bidding and Construction Support Services $ 10,868
Reimbursable Expenses $ 6,067
Total Not-to-Exceed Amount: $ 430,598
Design Consultant shall invoice the City for the Services performed based on the
following rates:
Stantec Consulting Services, Inc.
Personnel Hourly Rate
Principal-in-Charge, Quality Control, Public Outreach, Senior
Project Manager $ 234
Project Manager, Senior Task Lead $ 216
Lead Civil/Traffic; Manager Survey, Mapping $ 188
Project Engineer, Senior Landscape Architect $ 169
Landscape Architect, Survey Analyst $ 158
Assistant Engineer $ 125
Survey – 2-Person Crew $ 260
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Exhibit C
Insurance Requirements and Verifications
Professional Services Agreement Insurance Requirements
Professional Liability Insurance Required
Consultant shall procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property that may arise from or in connection
with the performance of the work hereunder by the Consultant, its agents, representatives,
employees or subcontractors.
Minimum Scope and Limits of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed operations,
property damage, bodily injury and personal and advertising injury, with limits of no
less than $1,000,000 per occurrence. If a general aggregate limit applies, either the
general aggregate limit shall apply separately to this project/location (Insurance Services
Office Form CG 25 04) or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any
auto), or if Consultant has no owned autos, Code 8 (hired) and Code 9 (non-owned),
with limits of no less than $1,000,000 per accident for bodily injury and property
damage.
3. Workers’ Compensation: Workers’ Compensation insurance as required by the State
of California, with Statutory Limits and Employers’ Liability Insurance with limits of
no less than $1,000,000 per accident for bodily injury or disease (see footnote #1).
4. Professional Liability: Insurance appropriate to the Consultant’s profession with limits
of no less than $1,000,000 per occurrence or claim/$2,000,000 in the annual aggregate.
If the Consultant maintains broader coverage or higher limits than the minimums shown
above, the City of Santa Monica requires and shall be entitled to any broader coverage and
higher limits maintained by the Contractor. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the City of
Santa Monica.
Other Insurance Provisions
1. The insurance policies are to contain, or be endorsed to contain, the following
provisions:
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a. Additional Insured Status: The City of Santa Monica, its officers, officials,
employees and volunteers are to be covered as additional insureds on the CGL
policy with respect to liability arising out of work or operations performed by or on
behalf of Consultant including materials, parts, or equipment furnished in
connection with such work or operations. CGL coverage can be provided in the
form of an endorsement to the Consultant’s insurance (at least as broad as
Insurance Services Office Form CG 20 10 11 85, or if not available, through the
addition of a combination of (1) CG 20 10, CG 20 26, CG 20 33, or CG 20 38
and (2) CG 20 37).
b. Primary Coverage: For any claims related to this Agreement, the Consultant’s
insurance shall be primary coverage at least as broad as Insurance Services Offices
Form CG 20 01 04 13 as respects the City of Santa Monica, its officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
of Santa Monica, its officers, officials, employees or volunteers shall be in excess of
the Consultant’s insurance and shall not contribute with it.
c. Notice of Cancellation: Each insurance policy required herein shall state that
coverage shall not be cancelled except after notice has been given to the City of
Santa Monica.
d. Waiver of Subrogation: Consultant hereby grants to the City of Santa Monica a
waiver of any right of subrogation which any insurer of said Consultant may acquire
against the City of Santa Monica by virtue of payment of any loss. Consultant agrees
to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City of Santa
Monica has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Santa Monica. The
City of Santa Monica may require the Consultant to purchase coverage with a lower
retention or provide satisfactory proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either
the named insured or City of Santa Monica.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in California with a
current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of
Santa Monica.
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Claims Made Policies
1. If the Professional Liability policy provides “claims made” coverage:
a. The Retroactive Date must be shown and must be before the date of this Agreement
or the start of work.
b. The insurance must be maintained, and evidence of insurance must be provided
for at least 5 years after completion of work.
c. If the policy is cancelled or not renewed, and not replaced with another “claims
made” policy form with a Retroactive Date prior to the effective Agreement date,
the Consultant must purchase “extended reporting” coverage for a minimum of 5
years after completion of work.
Verification of Coverage
Consultant shall furnish the City of Santa Monica with original certificates and amendatory
endorsements (or copies of the applicable policy language effecting coverage provided by
this clause). All certificates and endorsements are to be received and approved by the City
of Santa Monica before work commences. However, failure to obtain required documents
prior to the work beginning shall not waive the Consultant’s obligation to provide them.
The City of Santa Monica reserves the right to require complete, certified copies of all
required insurance policies, including the endorsements required herein, at any time.
Failure to Maintain Insurance Coverage
If Consultant, for any reason, fails to maintain insurance coverage which is required
pursuant to this Agreement, the same shall be deemed a material breach of contract. The
City of Santa Monica, at its sole option, may terminate this Agreement and obtain damages
from the Consultant resulting from said breach.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all
the requirements stated herein. All exceptions must be approved in writing by the Risk
Manager.
Footnotes
# 1: Workers’ Compensation insurance coverage is not required if the Consultant does
not have employees. The Consultant must, however, execute the City’s Workers’
Compensation Coverage Exemption Declaration Form.
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Exhibit D
Prevailing Wage Job Acknowledgement Form
(continued on next page)
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1
Xavier Mota
From:Ann Hoover <annkbowman@yahoo.com>
Sent:Monday, May 8, 2023 8:53 PM
To:councilmtgitems; Gleam Davis; Phil Brock; Christine Parra; Oscar de la Torre; Lana Negrete; Caroline
Torosis; Jesse Zwick
Cc:David White; Susan Cline; Anuj Gupta
Subject:05-09-23 Council Meeting - Item 5.J. - PLEASE PULL AND DISAPPROVE
EXTERNAL
Dear Councilmembers -
Please pull this item from the Consent Calendar and disapprove.
First - how can you approve this item as part of the Consent Calendar when the Staff Report
does not even tell you what amount you'd be approving? At minimum, you need to know what
dollar amount we're talking about here.
From the Staff Report:
"Financial Impacts and Budget Actions: Staff seeks authority to modify the contract agreement with
Stantec Consulting Services, Inc. to extend the term through December 31, 2024. The not-to-exceed
amount of the contract remains unchanged." What is that amount??
Second, based on the recent "improvements" on Broadway and 17th Street, which have
DECREASED rather than increased safety (ask any local cyclist), Santa Monica has had enough
of both "Vision Zero" and "Safe Routes to School".
Third, there are bike routes already in existence that enable Santa Monicans to access all elementary
schools.
Fourth and most important, this item will be re-tapping LOCAL FUNDING again. At a time when
Santa Monicans are being told the City is practically bankrupt due to the Uller settlements and to
Staff's massive unfunded pension obligation (very few private sector employees get pensions, btw)
such that the City is taking steps to sell off many of our community's public land assets, this is
exactly the kind of non-essential, overkill sort of item that Council should not agree to fund at
this time.
Again, please, please pull this item and disapprove.
Thank you -
Ann Bowman
Santa Monica resident 26+ years
ITEM.5.J.
May 9, 2023
ITEM.5.J.
May 9, 2023
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From:Ann Maggio
To:councilmtgitems
Subject:May 9 Agenda -Consent Item 5J -Agreement for the Safe Routes to School Pedestrian Improvements at Six
Schools Project to extend the term
Date:Wednesday, May 3, 2023 7:13:33 PM
EXTERNAL
We all want safe routes to school, however, this agreement leaves MANY COMMUNITY
QUESTIONS UNANSWERED. We all deserve accountability for how our money is spent.
Why would we extend a contract through December of 2024 when two of
the six schools for the "Approval of Modification of the Professional Services
Agreement for the Safe Routes to School Pedestrian Improvements at Six Schools
Project to extend the term" may never reopen in their current form or at all?
Should the Council continue a path or spend money to design more curb extensions
when those you've already approved and built violate State and County Fire Code?
The Agreement in question, No. 10968 (CCS), was entered into between the City of
Santa Monica and Design Consultant on 5/19/2020. The staff requests an extension
through Dec of 2024.
Since then:
1. Two of the Six schools noted in the agreement have closed/relocated - SMASH& John Muir. Given the whimsical buying frenzy by the SMMUSD Board ofEducation, one never knows if these schools will return to their old school site.
The latest news is that costs to repair Muir & SMASH are escalating and that
"an earliest possible completion date of December 2024." First set of questions
Would extending this contract mean the consultant will be planning SafeRoutes to School for SMASH kids at the Obama Campus and not at theircurrently shuttered site? If so, shouldn't that be noted in the agreement? And What about John Muir? Other schools absorbed those students and
many believe that school won't be returned to the community. So what
would you be approving there?
Don't you need to clarify - restate - which school sites AND the locationsof those school sites in this agreement extension? If you don't know which schools/locations you'd be approving, why wouldit be okay for the City Council spend our money on designs, especially ifthey include illegal curb extensions?
2. We've learned that the City's current curb extensions are ILLEGAL because they
are out of compliance with State & County LAW, having never been approved
by the Fire Dept. Section 503.4.1 Fire Code says "Traffic Calming Measures arePROHIBITED Unless approved by the Fire Department."
The attachment for this item includes a call for curb extensions which
ITEM.5.J.
May 9, 2023
ITEM.5.J.
May 9, 2023
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are traffic calming measures.
From agenda item 5J attachment:
• Utility relocation plans (Design Consultant have assumed minimum amount of
relocations with the bulb-outs which will be coordinated with the appropriate
utility company or agency)
• Storm Drain Relocation - This includes the catch basins affected by the proposed curb
extensions which will require permitting by the County of LA
• Pavement plans
• Landscape and irrigation plans - No Landscape and Irrigation Plans are anticipated.
Stantec will add landscape construction notes to the street plans directing the
contractor to match adjacent existing conditions (i.e., concrete, grass, or DG but no
irrigation) at the curb extensions.
Second set of questions
It looks like this contract places the contractor in the position of having toseek compliance with all laws including the Fire Dept approval for curb
extensions. Should the City create this labor for the contractor after
failing to comply with the law?
Will the City allow the contractor to overlook the law, as the City hasdone?Will council direct staff to ask the SM Fire Department's approval on thecurb extensions before we pay a contractor to plan for them?Will Council continue to ignore input and approval from the SM FireDepartment or will you instead direct staff to ask the Fire Department to
access every curb extension for each of the six schools?
What about altering the contract to reflect the schools that are actively
utilized?
Will Council ask staff if their plan is to circumvent the SMFD and insteadseek approval from the County?
Please ask the questions and provide the community with the answers.
J.
Approval of Modification of the Professional Services Agreement for the Safe Routes to
School Pedestrian Improvements at Six Schools Project to extend the term
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of statutory exemption pursuant to Section 21080.25 of
the California Environmental Quality Act (CEQA) and categorical
exemptions pursuant to Sections 15301 and 15304 of the CEQA Guidelines.
2. Authorize the City Manager to negotiate and execute a first
modification to Contract Agreement #10968 (Attachment
A) with Stantec Consulting Services, Inc. for the Safe Routes to School
(SRTS) Pedestrian Improvements at Six Schools Project, to extend the term
of the agreement through December 31, 2024.
Staff Report Printout
ITEM.5.J.
May 9, 2023
ITEM.5.J.
May 9, 2023
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Packet Pg. 578 Attachment: ITEM.5.J.Written Comments (5719 : Contract Extension for Safe Routes to School Project at Six Schools)
a.Attachment A: 6 Schools Contract 10968
b.Attachment B: November 12, 2019 Staff Report (Web Link)
Thank you,
Ann Maggio Thanawalla
"Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein
ITEM.5.J.
May 9, 2023
ITEM.5.J.
May 9, 2023
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A community group dedicated
to biking in Santa Monica.
Working to make the
City of Santa Monica a
more sustainable,
bikeable place to live, work and play.
May 09, 2023
Agenda Item 5J
Dear Mayor Davis, City Council and Management:
Santa Monica Spoke and the Santa Monica Safe Street Alliance support the staff recommendation to
adopt a finding of statutory exemption (pursuant to Section 21080.25 of the California Environmental
Quality Act (CEQA)) and the categorical exemptions pursuant to Sections 15301 and 15304 of the CEQA
Guidelines.
We support Council to authorize the City Manager to negotiate and execute the modification to the
Contract Agreement #10968 with Stantec Consulting Services, Inc. for the Safe Routes to School (SRTS)
Pedestrian Improvements at Six Schools Project, to extend the term of the agreement through
December 31, 2024 so these important safety enhancements can be completed as previously approved.
It is imperative that Santa Monica’s Mobility Division continues advancing its crucial safety
improvements with Safe Routes to Schools (SRTS) Pedestrian Improvement with the Six Project
Schools. These safety enhancements help achieve the City’s priorities of a Safe, Sustainable and
Connected Community; and move us closer to the City Council’s Vision Zero commitment to eliminate
serious traffic related injuries and fatalities by 2026. This project builds on the previous work with SRTS
to encourage healthy active mobility with walking and bicycling by enhancing safety conditions and
access surrounding the six schools: McKinley Elementary, Edison Language Academy, Santa Monica
Alternative Schoolhouse (SMASH), John Muir Elementary, Franklin Elementary, and Grant Elementary.
After staffing capacity delays, due to the prioritization of other grant-funded capital projects with
inflexible funding deadline requirements, this project design has resumed, however the work on this
project will not be completed before the current approved contract expires.
Please approve the no-cost contract modification to extend the term to December 31, 2024, so staff has
the appropriate time required to complete the important safety enhancement project.
Sincerely,
Cynthia Rose
Director, Santa Monica Spoke Cris Gutierrez
Co-Chair, Santa Monica Safe Street Alliance Co-Chair, Santa Monica Safe Streets Alliance
SMSpoke.org
SaMoSafeStreets.org
ITEM.5.J.
May 9, 2023
ITEM.5.J.
May 9, 2023
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