HomeMy WebLinkAboutC-9726-1 - PSA for Balboa Marina Public Dock - Public Dock Alta SurveyPROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES, INC. FOR
BALBOA MARINA PUBLIC DOCK — PUBLIC DOCK ALTA SURVEY
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 22nd day of August, 2024 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and STANTEC CONSULTING SERVICES, INC., a New York corporation ("Consultant"),
whose principal address is 410 — 17th Street, Suite 1400, Denver, CO 80202 with a local
address of 38 Technology Drive, Suite 200, Irvine, CA 92618, and is made with reference
to the following:
RECITALS
A. 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 City.
B. City desires to engage Consultant to provide ALTA preparation services for the
Balboa Marina Public Dock ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Twelve Thousand Eight
Hundred Dollars and 00/100 ($12,800.00), without prior written authorization from City.
No billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
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reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Brad Beuchat to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development Department.
City's Real Property Administrator or designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
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requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
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of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
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16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
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19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
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24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Real Property Administrator
Community Development Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Brad Beuchat
Stantec Consulting Services, Inc.
38 Technology Drive, Suite 200
Irvine, CA 92618
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Stantec Consulting Services, Inc. Page 8
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
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28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN�Y'S OFFICE
Date: 1(/2D Z�(
By:tAVYl f,) LY ( Uxt
Aaon C. Harp
City Attorney
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ATTEST: �-
Date: . V •
By: 000� 4
Leilani I. Brown
City Clerk
NEWpo
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/PORS
CITY OF NEWPORT BEACH,
a California m ni72--v
al corporation
Date: 20 z
By:
Seimone Jurji67
Assistant City Manager
CONSULTANT: Stantec Consulting
Services, Inc., a New York corporation
Date:
Signed in Counterpart
Bv:
Brad Beuchat
Principal
Date:
Signed in Counterpart
By:
David Elwell
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Stantec Consulting Services, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORN Y'S OFFICE a California municipal corporation
Date: `� Zv Z'q Date:
By: k%1 W \ ( LEI\ By:
Aa on C. Harp "i� Seimone Jurjis
Cify Attorney ���� Assistant City Manager
Zy
ATTEST: CONSULTANT: Stantec Consulting
Date: Services, Inc., a New York corporation
Date: q /3 / 2y
By: By:
Leilani I. Brown Brad Beuchat
City Clerk Principal)
Date: �A/Z
i
By:
David Elwell
Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Stantec Consulting Services, Inc. Page 11
EXHIBIT A
SCOPE OF SERVICES
Stantec Consulting Services, Inc. Page A-1
Reference: Balboa Marina Public Dock - Proposal for Public Dock ALTA
SCOPE OF SERVICES
Stantec agrees to provide professional services to the Client as described below:
1. Boundary Survey and Base Preparation
A current boundary survey will be conducted to establish the subject property. The survey will be based
on a current preliminary title report and support documents provided by the Client. Existing survey
monuments will be located and compared against the record documents in an effort to confirm the
property limits. In addition, existing easements referenced in said title report will be plotted in relation to
the boundary, as applicable.
Perform a field survey to verify current aerial topography and existing planimetric data on file that to be
used for the project site.
2. ALTA Survey Plat
An ALTA/NSPS Land Title Survey will be prepared over the subject property using the information obtained
above. The survey will conform to the "MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND
TITLE SURVEYS" as adopted by the American Land Title Association and the National Society of
Professional Surveyors in 2016. The survey will also contain Items 4, 8, 9, 10, 11 (available data on file), 13,
16 and 18 of "TABLE A - OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS" (see attached).
Deliverables:
Deliverables will include the following:
• Electronic PDF of the ALTA Survey sent via e-mail
• Up to 5 sets of prints of the ALTA Survey delivered to your office or per your distribution list
(upon request)
Schedule:
Survey shall be delivered in approximately 2-3 weeks from authorization to proceed and receipt of the
current title report and support documents. If your needs dictate a shorter timeframe, Stantec will make
every effort to accommodate your schedule if at all possible.
Reference: Balboa Marina Public Dock - Proposal for Public Dock ALTA
ASSUMPTIONS & EXCLUSIONS
Assumptions
This proposal was based on the following assumptions related to the proposed project:
• Additional requirements may affect the proposed costs and items above.
• A current title report covering the property must be provided by the Client prior to initiating the work
effort. Title revisions, amendments, or addendums may require an additional work effort that is not
covered within this Scope of Services.
• Stantec assumes that there is a sufficient amount of available record information to adequately
determine the location of the boundaries and encumbrances of the subject property. Additional work
resulting from patent or latent boundary ambiguities or a lack of available 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 boundary limits of the project.
• One set of ALTA revisions will be included based on client, attorney, and lender comments. It is assumed
that the comments will be received through a single point of contact designated by the client, and that
said comments will be consistent with the original scope of work. Comments requiring additional services
not covered by this scope of work will be handled under separate cover.
• The above fees are not contingent on the successful close of escrow, sale, transfer, or refinancing of the
subject property or any other conditions not under the control of this company.
• If information depicted on the proposed survey should lead to further investigation by Stantec staff,
additional fees may be incurred, and are not included within this Scope of Services. Stantec will handle
requests of this nature under separate, written authorization.
• If information depicted on the proposed survey should lead to further investigation by persons not
connected to this firm, Stantec will not be held liable for costs associated with or any delays caused by
said efforts.
Exclusions
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.
• Record of Survey
• Revisions to work completed or underway due to a change in information or instruction provided to
Stantec by the Client or the Client's consultant(s).
Reference: Balboa Marina Public Dock - Proposal for Public Dock ALTA
TABLE A
OPTIONAL SURVEY RESPONSIBILITIES AND SPECIFICATIONS
NOTE: The twenty (2o) items of Table A may be negotiated between the surveyor and client. Any
additional items negotiated between the surveyor and client shall be identified as 21(a), 21(b), etc. and
explained pursuant to Section 6.D.ii.(g). Notwithstanding Table A Items 5 and 11, if an engineering design
survey is desired as part of an ALTA/NSPS Land Title Survey, such services should be negotiated under
Table A, Item 21.
If checked, the following optional items are to be included in the ALTA/NSPS LAND TITLE
SURVEY, except as otherwise qualified (see note above):
1. ❑ Monuments placed (or a reference monument or witness to the corner) at all major corners
of the boundary of the property, unless already marked or referenced by existing
monuments or witnesses in close proximity to the corner.
2. ❑ Address(es) of the surveyed property if disclosed in documents provided to or obtained by
the surveyor, or observed while conducting the fieldwork.
3. ❑ Flood zone classification (with proper annotation based on federal Flood Insurance Rate
Maps or the state or local equivalent) depicted by scaled map location and graphic plotting
only.
4. ® Gross land area (and other areas if specified by the client).
5. ❑ Vertical relief with the source of information (e.g. ground survey or aerial map), contour
interval, datum, and originating benchmark identified.
6. ❑ (a) If set forth in a zoning report or letter provided to the surveyor by the client, list the
current zoning classification, setback requirements, the height and floor space area
restrictions, and parking requirements. Identify the date and source of the report or letter.
❑ (b) If the zoning setback requirements are set forth in a zoning report or letter provided to
the surveyor by the client, and if those requirements do not require an interpretation by the
surveyor, graphically depict the building setback requirements. Identify the date and source
of the report or letter.
7. ❑ (a) Exterior dimensions of all buildings at ground level.
(b) Square footage of:
❑ (1) exterior footprint of all buildings at ground level.
❑ (2) other areas as specified by the client.
❑ (c) Measured height of all buildings above grade at a location specified by the client. If no
location is specified, the point of measurement shall be identified.
Reference: Balboa Marina Public Dock - Proposal for Public Dock ALTA
8. ® Substantial features observed in the process of conducting the fieldwork (in addition to the
improvements and features required pursuant to Section 5 above) (e.g., parking lots,
billboards, signs, swimming pools, landscaped areas, substantial areas of refuse).
9. ® Number and type (e.g., disabled, motorcycle, regular and other marked specialized types) of
clearly identifiable parking spaces on surface parking areas, lots and in parking structures.
Striping of clearly identifiable parking spaces on surface parking areas and lots.
10. ® (a) As designated by the client, a determination of the relationship and location of certain
division or party walls with respect to adjoining properties (client to obtain necessary
permissions).
❑ (b) As designated by the client, a determination of whether certain walls are plumb (client
to obtain necessary permissions).
11. ® Location of utilities existing on or serving the surveyed property as determined by:
• observed evidence collected pursuant to Section 5.E.iv.
• evidence from plans requested by the surveyor and obtained from utility companies, or
provided by client (with reference as to the sources of information), and
• markings requested by the surveyor pursuant to an 811 utility locate or similar request
Representative examples of such utilities include, but are not limited to:
• Manholes, catch basins, valve vaults and other surface indications of subterranean
uses;
• Wires and cables (including their function, if readily identifiable) crossing the surveyed
property, and all poles on or within ten feet of the surveyed property. Without
expressing a legal opinion as to the ownership or nature of the potential encroachment,
the dimensions of all encroaching utility pole crossmembers or overhangs; and
• Utility company installations on the surveyed property.
Note to the client, insurer, and lender - With regard to Table A, item 11, source information
from plans and markings will be combined with observed evidence of utilities pursuant to
Section 5.E.iv. to develop a view of the underground utilities. However, lacking excavation,
the exact location of underground features cannot be accurately, completely, and reliably
depicted. In addition, in some jurisdictions, 811 or other similar utility locate requests from
surveyors may be ignored or result in an incomplete response, in which case the surveyor
shall note on the plat or map how this affected the surveyor's assessment of the location of
the utilities. Where additional or more detailed information is required, the client is advised
that excavation and/or a private utility locate request maybe necessary.
12. ❑ As specified by the client, Governmental Agency survey -related requirements (e.g., HUD
surveys, surveys for leases on Bureau of Land Management managed lands).
13. ® Names of adjoining owners according to current tax records. If more than one owner,
identify the first owner's name listed in the tax records followed by "et al."
14. 0 As specified by the client, distance to the nearest intersecting street.
Reference: Balboa Marina Public Dock - Proposal for Public Dock ALTA
15. ❑ Rectified orthophotography, photogrammetric mapping, remote sensing, airborne/mobile
laser scanning and other similar products, tools or technologies as the basis for the showing
the location of certain features (excluding boundaries) where ground measurements are not
otherwise necessary to locate those features to an appropriate and acceptable accuracy
relative to a nearby boundary. The surveyor shall (a) discuss the ramifications of such
methodologies (e.g., the potential precision and completeness of the data gathered thereby)
with the insurer, lender, and client prior to the performance of the survey, and (b) place a
note on the face of the survey explaining the source, date, precision, and other relevant
qualifications of any such data.
16. ® Evidence of recent earth moving work, building construction, or building additions
observed in the process of conducting the fieldwork.
17. ❑ Proposed changes in street right of way lines, if such information is made available to the
surveyor by the controlling jurisdiction. Evidence of recent street or sidewalk construction
or repairs observed in the process of conducting the fieldwork.
18. ® If there has been a field delineation of wetlands conducted by a qualified specialist hired by
the client, the surveyor shall locate any delineation markers observed in the process of
conducting the fieldwork and show them on the face of the plat or map. If no markers were
observed, the surveyor shall so state.
19. ❑ Include any plottable offsite (i.e., appurtenant) easements or servitudes disclosed in
documents provided to or obtained by the surveyor as a part of the survey pursuant to
Sections 5 and 6 (and applicable selected Table A items) (client to obtain necessary
permissions).
20. ❑ Professional Liability Insurance policy obtained by the surveyor in the minimum amount of
$ to be in effect throughout the contract term. Certificate of Insurance to
be furnished upon request, but this item shall not be addressed on the face of the plat or
map.
21. ❑
Adopted by the Board of Governors, American Land Title Association, on October 8, 2015.
American Land Title Association,1800 M St., N.W., Suite 300S, Washington, D.C. 20036-5828.
www.alta.org
Adopted by the Board of Directors, National Society of Professional Surveyors, on October 9, 2015.
National Society of Professional Surveyors, Inc., 5119 Pegasus Court, Suite Q, Frederick, MD 21704.
htW://www.nsps.us.com
J
EXHIBIT B
SCHEDULE OF BILLING RATES
Stantec Consulting Services, Inc. Page B-1
C�
Reference: Balboa Marina Public Dock - Proposal for Public Dock ALTA
FEE SUMMARY
TASK
I DESCRIPTION
FEE
Preliminary Civil Engineering Services
1
Boundary Survey and Base Preparation
$ 7,900
2
ALTA Survey Plat
$ 4,900
TOTAL FIXED FEE REQUEST
$ 12,800
Fee Terms
The fee above is for the work proposed based on the direction and information provided by your
office. Work performed will be billed monthly on a fixed fee basis and is due and payable thirty
(30) days from receipt of invoice. Retention shall not be withheld from payment.
SCHEDULE OF BILLING RATES - 2024
® Stantec
Billing
Hourly
Description
Level
Rate
Junior Level position
3
$117
❑ Independently carries out assignments of limited scope using standard procedures, methods, and
P Y g P g
4
$128
techniques
❑ Assists senior staff in carrying out more advanced procedures
5
$146
❑ Completed work is reviewed for feasibility and soundness of judgment
❑ Graduate from an appropriate post -secondary program or equivalent
❑ Generally, one to three years' experience
Fully Qualified Professional Position
b
$150
❑ Carries out assignments requiring general familiarity within a broad field of the respective profession
❑ Makes decisions by using a combination of standard methods and techniques
7
$160
❑ Actively participates in planning to ensure the achievement of objectives
8
$170
❑ Works independently to interpret information and resolve difficulties
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent
❑ Generally, three to six years' experience
First Level Supervisor or first complete Level of Specialization
9
$176
❑ Provides applied professional knowledge and initiative in planning and coordinating work programs
10
$182
❑ Adapts established guidelines as necessary to address unusual issues
❑ Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of
11
$198
judgment
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent
❑ Generally, five to nine years' experience
Highly Specialized Technical Professional or Supervisor of groups of professionals
❑ Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise
12
$208
❑ Participates in short- and long-range planning to ensure the achievement of objectives
13
$219
❑ Makes responsible decisions on all matters, including policy recommendations, work methods, and
financial controls associated with large expenditures
14
$230
❑ Reviews and evaluates technical work
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent
❑ Generally, ten to fifteen years' experience with extensive, broad experience
Senior Level Consultant or Management
❑ Recognized as an authority in a specific field with qualifications of significant value
15
$244
❑ Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise
❑ Independently conceives programs and problems for investigation
16
$269
❑ Participates in discussions to ensure the achievement of program and/or project objectives
17
$278
❑ Makes responsible decisions on expenditures, including large sums or implementation of major
programs and/or projects
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent
❑ Generally, more than twelve years' experience with extensive experience
Senior Level Management under review by Vice President or higher
18
$284
❑ Recognized as an authority in a specific field with qualifications of significant value
❑ Responsible for long range planning within a specific area of practice or region
19
$295
❑ Makes decisions which are for reaching and limited only by objectives and policies of the organization
20
$306
❑ Plans/approves projects requiring significant human resources or capital investment
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent
21
$324
❑ Generally, fifteen years' experience with extensive professional and management experience
Crew Size Regular Rate Overtime Rate
Survey Crews
1-Person $220 $275
2-Person $345 $455
3-Person $470 $635
Expert Witness Services carry a 50% premium on labor. Overtime may be charged at 1.5 times the standard billing rate. All labor
rates will be subject to annual increase.
T-2 2024
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Stantec Consulting Services, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
two million dollars ($2,000,000) per claim and four million dollars
($4,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation (except for nonpayment for which ten (10)
calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Stantec Consulting Services, Inc. Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage, subcontractors
shall provide coverage with a format at least as broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
Stantec Consulting Services, Inc. Page C-3
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Stantec Consulting Services, Inc. Page C-4