HomeMy WebLinkAbout06 - Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation Project (19R21)PORT CITY OF
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_ i NEWPORT BEACH
City Council Staff Report
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October 23, 2018
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Ben Davis, Associate Civil Engineer, bdavis@newportbeachca.gov
PHONE: 949-644-3317
TITLE: Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation
Project (19R21) —Approval of Professional Services Agreement with
Stantec, Inc. — Contract No. 7433-1
ABSTRACT:
As part of the City's Pavement Management Program, Bison Avenue from Jamboree
Road to State Route 73 and San Joaquin Hills Road from Jamboree Road to MacArthur
Boulevard are scheduled for pavement rehabilitation in Fiscal Year 2018-2019. Staff is
requesting City Council's approval to enter into a Professional Services Agreement with
Stantec Consulting Services, Inc. to prepare the necessary construction documents.
RECOMMENDATION:
a) Determine the action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it
will not result in a physical change to the environment, directly or indirectly; and
b) Approve a Professional Services Agreement with Stantec of Irvine, California, for the
Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation project at a not -
to -exceed price of $208,219.00, and authorize the Mayor and City Clerk to execute
the Agreement.
FUNDING REQUIREMENTS:
The adopted budget includes sufficient funding for this task. It will be expensed to the
Measure M Fair Share account, 12201-980000-19R21. The consultant's fee proposal is
$189,219.00. Staff has included $19,000.00 (approximately 10%) for contingency
purposes to cover unexpected costs.
DISCUSSION:
As part of the City's Pavement Management Program, Bison Avenue from Jamboree
Road to State Route 73 and San Joaquin Hills Road from Jamboree Road to MacArthur
Boulevard are both scheduled to be rehabilitated in 2019.
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Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation Project (19R21) —
Approval of Professional Services Agreement with Stantec, Inc. — Contract No. 7433-1
October 23, 2018, Page 2
Proposed improvements involve patching, surface grinding and placing an asphalt
overlay on the existing asphalt pavement, reconstructing deteriorated concrete sidewalks,
curbs, gutters, and curb ramps, adjusting utility boxes to grade, installing street signs and
restriping the pavement.
Staff recently requested proposals from five consulting firms to provide Professional
Engineering services for the Bison Avenue and San Joaquin Hills Road Pavement
Rehabilitation project. Five proposals were received and reviewed by a three person
technical panel. These firms and their proposal scoring/ranking are as follows:
1. Stantec Consulting Services, Inc. (272/300 points)
2. TAIT & Associates, Inc. (270/300 points)
3. CNC, Inc. (238/300 points)
4. DMS, Inc. (234/300 points)
5. DMc Engineering (206/300 points)
Stantec demonstrated that they have the expertise and experience needed to complete
construction documents for pavement rehabilitation projects. In addition, Stantec has
successfully completed similar pavement rehabilitation projects for other local agencies
as well as the City of Newport Beach. Therefore, staff recommends approving a
Professional Services Agreement with Stantec to complete the final design efforts for the
Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation project. Of note, Tait
& Associates were rated a very close second and may be considered for an upcoming
similar street pavement rehabilitation project design need.
The proposed Scope of Work includes research and data collection, utility coordination,
topographic survey, geotechnical investigation, preparation of final construction plans,
specifications and construction cost estimates, and construction support services.
Construction is tentatively planned for the summer and fall of 2019.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
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LIMITS OF WORK
BISON AVE AND SJHR PAVEMENT
REHABILITATION
LOCATION MAP
ATTACHMENT A
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7433-1 19R21-[10/23/18
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ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES INC. FOR
BISON AVENUE AND SAN JOAQUIN HILLS ROAD PAVEMENT
REHABILITATION PROJECT DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 23rd day of October, 2018 ("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 address is 100 Technology Drive, Irvine, California 92619, 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 professional engineering design
services for the Bison Avenue and San Joaquin Hills Road Pavement
Rehabilitation Project ("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 December 31, 2019, 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, subconsultant fees, and contingency shall not exceed Two Hundred
Eight Thousand Two Hundred Nineteen Dollars and 00/100 ($208,219.00), 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.
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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
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 Jeff Wilkerson, PE, 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 Public Works Department. City's
Public Works Director 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
Stantec Consulting Services Inc. Page 3
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
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
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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
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 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
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• •
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. 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.
20. 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.
21. 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
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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.
22. 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.
23. 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.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 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.
25.2 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.
26. NOTICES
26.1 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
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business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Department
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jeff Wilkerson, PE
Stantec Consulting Services Inc.
100 Technology Drive
Irvine, CA 92618
27. CLAIMS
27.1 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. 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.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
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28. TERMINATION
28.1 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.
28.2 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.
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 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.
30.3 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.
30.4 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.
30.5 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.
30.6 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.
30.7 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.
30.8 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.
30.9 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.
30.10 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,
Stantec Consulting Services Inc. Page 11
6-14
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 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.
30.12 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 12
6-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: to
By: _ ^
po(: Aaron C. Harp CAM 1010,-tic5
City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Marshall "Duffy" Duffield
Mayor
CONSULTANT: Stantec Consulting
Services Inc., a New York corporation
Date:
By:
Mohammad Heiat
Principal
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C -- Insurance Requirements
Stantec Consulting Services Inc. Page 13
6-16
EXHIBIT A
SCOPE OF SERVICES
Stantec Consulting Services Inc. Page A-1 6-17
C. Project Team's Experiences (3 Stantec
L_eaend
=Key personnel
.akin ' :i : i _nbers Ct 'he riclY .Irne
is -he corre , . _ „tul project. iJv er
vvmprehenSiJ �:w-eftectivu projc '
deiivery. Oye are ;omiliar with -he local cD,_les
and regUations _ir,d brine colle-Tive kn,_wWerlge.
enabling is to efficiently complete your project on
ar-':J vvithir budoe`.
We have assembled a highly qualified team for
CClieJ r 'I 'f eir ex,c ler 11' ier r,
7,_Jd,r, J,, in,,r-,r : e 7,er vn_I t JF, : ar li =
_WIA expr.';ri r' kir l ri t i'v r ; I u
r Y }}Iv 'a _rgercie5. Jnd °tvi (bili" 7_1 n,n-i'
to this contract. Efficient coordination within our
DCIt)y
�i�1�H�1'=I�ICJ� i^.� \'V�-.I'"t'v :�11_� �11.�.�•.i ��
Our team members' relevant quaii{rcations toilow
6-18
C. Project Team's Experiences
Qualified and Trusted
Teaming Partners
As the primary :,Dnsuitan . we will provide _ Dverall
project management, civil/traffic engineering.
-,-iliy resecnc;r and coordination. Survey rnd
mapping, street design. signing crud striping desigl
PS&E preparation, quality control and construction
,i_ppor, _-ICtivities.
we ve enlisted `he suppor` of —7MU GeoTechrricol.
lrc. to provide pav n ent engineering consultrng
services to best serve your project. We have also
enlisted the support of SIDS to provide traffic counts
as part of the traffic index calculation option task.
National Date & Surveying Services
National Data and Surveying
Services (NDS) -- Traffic Counts
cost-effective traffic, transit and GIS/GPS data
ti(Dr-s. f rev bring cit
experienced traffic dafa collection firm or) the
west coast. With local field crews in 10 major cities
'hey will re,porci-10ckly 'o 'lots p needs. Nps will
everage 'heir experience and expertise rp deliver
Ccura'e -ird'imel�, 7a'a it o m^s` pr:)'essioral
rrrrnrer.
11.
Our local teaming partners
are available and qualified
to support this important
community project.
® Stantec
PF (W,
GEOTECHNICAL, INC.
GMU Geotechnciai, Inc. (GM U) -
Pavement Report
ti -ii r
gr i - I=- prole n So_'hern
�allrorni'.;.., .arc.; - . plc . .^rich rhe
7bjective J:., ,eloping Inno�arive geotec!7rical
and pavemer- engineering solutions. vve make
It a personal goal to find cost-effective and
mplementable solutions.
lien - . _;, _I en IGr _i es' ra GVtE s
_-Jn'n ' , , lice exCeller'Ce. Their 56've,715 4f
service eXCe,' !-as been recognized by nlc?re
ran 5 »clot `-cDgritior-. while
also provi�iir _: _ budget perforn arce.
Ackrowledgr _:chieven-encs i -as vome
='orr'na-iorai :;r�;.;"iza`ions such as CEL31�}C 'o
-egional ones such as CalGeo and local chapters
'r1,e -ars vor it r_glhy " Nr ked by
consulting firms in Orange County
office houses a 42 -person teen,3f highly qualified
[- -icJr r^aatr e.xperlence it all phases �f
p. rglreering. ge-oteccl-rlcal enaineering,
eri]Ir vl !`a geciDay. '-ird rrc,ericls '-S'Irg_ till
jL�ff InCI�,,�es:
•Eigr{ pr: ral .0 _J ;te_ _ _ riccrl er:gir S
licer'.se it v_711`�rICI
•Five certified engineering geologists licensed in
__;Ii--Ir1C1
• E-ryrneerirga � ��hrir.Ii ir.5 �:r�d ; e:�as'er��-1 �,ec�crl
rsrec _'s , -rr r.e -I_,= -.- ,= ,rs -
,xpa�ier,.
Engineering technicians hold certifications from
ar7
r•
.:. A �i I_.",Jr "^�I�+�?I •I -n
-Ir 1= ]r'_rli. -i r :.
12
6-19
C. Project Team's Experiences
Team Member
Relevant Qualifications
experienced team has 'he right balance o'
skilksets -o deliver you a high-quality paven}en
rehabilitation project. The oliowing table highlights
each team members' relevant education.
credentials, and fegistrations that will be leveraged
to complete your project on schedule and within
budget.
® Stantec
13
6-20
•
PROJECT••
•REGISTRATION
Jett Wilkerson, PE
Project Manager
19
MS and BS, Civil
4 F`-` =63400
and Street Design
Engineering
Mohammad deiaf,
Principal -in-
37
MS and $S, Civii
PC
Charge/ QA/QC
Engineering
John Lee, PF
Street Design
30
MS and BS, Civil
CA PE =49325
Engineering
Carlos Freda, PE,
Street Design
3'
NIS and BS: Civii
� 0 C
A $38039
SEED AP, QSP/QSD
Engineering
L _
David Lew; nE
-esign
B5, Civil Engineering
CA PF = 889
Ce4n Pufherfurd, PE
Traffic Design
33
MS. Civ°I/
= -ir.sportation
CA TE 1647
"gineering ? BS,
lmini5trative Studley
Josr, Park, tE
Traffic Design
D }, Civil Engineering
C a. t= =28-0
Roo Steatfers
Traffic Design
33
Certified Work Zone
Temporary Traffic
U/A
^lapid Heidarbaghi,
Utility Coordincrtio-
7
CA pF=6'058
PE, LEER AP
Greg Sebourn: =LS
Design Survey arca
AA, Survey and
CA r'' S =3395
Base Mapping
Macoing
A i Bastani. P'r.D. PE,
Pavement Reoort
_and MS, Civil
CSE, FASCE
- -ivironmentai
CA G'- =2 158
- - -'
CA PE 53924
13
6-20
D. Scope of Services ® stantec
Task A - Research, Data Collection,
and Field Review
A" will,csccu t _n d r✓'ai! _�v_iilC�e�2 s U�!!'
record street drawings, utility plans, preliminary
engineering reports. and record survey drawings for
'he projec.'.
We will also perform afield review of the site to
evaluate the following'.
•'vor�irior o 'h2 2xi;rirg ro7dway irrpr ,ver�2r.'s
• Identify any rorewor'hy `2a'ures
• Determine the location of any damaged. wised
or sunken cl-rbs gutters, sidewalks, and :DT—
concrete irrrrovemenTs within 'he p�_blic ial"
of -way it _. ,-j be Constructed, repa r -J,
ar bro�,ght �_� - _ rert ADA standards
Prior to the field review, we will coordinate with
ie' -1!e ex'er- = :pcus ctrd AD -a
n �rw-n'er_ _•- -;r- plarnina for this projec±.
During the field walk, we will take digital photos
.
the loc;-ri-. _. all potential repair
_!rn� Dther !slues equfrirg special
Task B - Utility Coordination
�ro��gh �r!IirY __•,�r_lir:a'i n is essential ;-DI *he
v2ss �' *his in'porrarT oadwav impr^,ven err
projec'. We understand thaT Vol. will dis'rib,,Te th0
first utility request notices to utility companies in the
pt -1 -11-_i will'_ I's the �Jli-�; --.Dn'acts
Ir _I :_rrs 'illy nkat, _eived. 'r Ie will
,�r.goni7e rl-i5
matrix th. ,r iv ill be upcIcte
'r2
utility companies to confirm ownership. location
depth of facilities, and resolve any conflicts
're rew improvemerrs. '+Ve will lead •ei of -s
!derrify 3wrership rr .;nkrowr i tiliTy lines .Dr
appurtenances, determine any motility facilities that
may ir with proposed construction, and
-1,justment of all
!is-ribuTirg rw(D noTiCes to the utility
jrhis project. The iritial notice will
include the 50% improvement plans showing the
,C:1'1o1", .37 3I1 krowr Tili?ies _rd ,ary prelimirory
utility relocations or adjustments identified. We will
ask the utility companies to confirm the location of
-heir axis'ina tcilities. iderri'v 7r, missing `acilities
in -pr ,err_�r`„ 'ha" -ire en'iv being clarred
and confrm that the preliminary utility relocations,
plc} ection in-place. oradjus !ren s,l eNn Ire
-rc,:�eptable.
;'4e will incorr�r,r-r e ar.v commer�s'eceived irr:,•
the 90% and 100) final plans and then distribute
the utility companies !i.w fln-d notice for their
,iew aril app . _• 1. - ,. e'er b'.ur r,•,- _r
confirmation from each utility company that Ali
1• ave been addressed ,_snd 'he
_ire ;:rcceplable
14
6-21
D. Scope of Services
Task C - Design Surveying
�yororizor tal and v �rc;al
survey control and perform a field topographic
survey to document the existing site topography
and planin,errlcs within the area of proposed
irrproven,erts. The design survey will include cross
sections at 50-foor intervals (right-of-way to rfght-
of-way) along Bison Avenue between Jamboree
Road to north of Bayswater. approximately 50' past
he edge of pavement H- 3:500 LF! and olorg
Sar Joaquir Hills Road from Jamboree Road To
Macarthur Boulevard (+1- 5,500 LFJ to locate visible
surface improvements and surface utilities within
the project limits.
As part of the field survey, we will observe
monuments to ace the centerlines and rights of
w'ays of Bison a , and :San Joaquir Hills R:)ad
zr.d all cross sr, _ .•:Whir rhe project limi's. We will
incorporate tint _sults irto a base neap illustrating
existing right-of-way conditions. This will not be a full
and complete boundary survey of the adjacent
and panels.
Suivey monuments located and indicated or
the survey will be limiled to existing cent&ine
monuments raurd along Boson Averue aril Sar
=oaquir Hills Road. we issL rre than Correr Records
will be filed by the contractor as required by the
t- - -.sal Provisions.
Task D - Pavement Report
TASK D.1 - DOCUMENT REVIEW,
PAVEMENT SURFACE CONDITION ASSESSMENT
AND DIG ALERT COORDINATION
�; par? of Theis effoiT T;. _ - �C� .
'eport for this project, Gail, w!�I . -_Ilowirca:
- arm a document review - . ''! -:- Vl
Ji -_ivwings. fh e inform: ,
view Will be r;i .,
section -;
jNities. date of last pcivemei mproY-=
work. etc
• Pert rr7' .7 IimiTed pavemenT surface
assessment !o iderlily th-
severity levels of the pa' -
ger.er.11 ._co dance V"i-! L
• P.averrmer- _-;;ring !ccatiors will be r-crked
and Dig Alert 0inderground Service Alertl will
be notified to assess potential conflict with
pCv 1�1,-D
® Stantec
TASK D.2 - SUBSURFACE EXPLORATION
• h,% will ,,br.:ur -ii .. - _ ' pern,ir `ram
.1,e City of Newpor Be,.r._, ne proposed
s,bsurface exploration.',ve lave assumed
permi's tion, c't-e, agencies are not _gOred.
A will also 51'! ale qui �oring hu`bions it such
way that we will avoid -_alt ars night -o; -way it
order to avoid obtaining a permit frons Caltrans,
however, still be :able to capture epieser-crive
samples in is vicinity,
• Pavement corings will be performed to a
maximum depth of fou{ feet below the top
of the existing asphalt concrete surface +_,sing
_rn electric-poweredcore drill. Samplir ,
Jigging below the AC secrior will be r _
using hand tools. The thickness of the exis-ii i
Isphalt concrete (AL ) and aggregate base
;ABs if preset- ..,:ill be recDrded. A b!._I� -rmple
,,f the sub "oil will be cole
locations: -ample will be - I1 u7 -1 a
top appr foot or so of the subgravll
ro Bother in-place density and moistt,re
nformaTior. Upon completion or rhe samp!irg.
the core hole will be back-filled with soil cuttings
or other suitable b.-i7k1ll m.7terirAs and capped
wi'l- :7spi'al- - - - - - - ._ - h,.
• tvli_) will perorm a total 3=1 `ren er' Vis.
Six 16) cores will be perforrrr ,,irhin Sar oaqu�r
Hills Road and fo! r (41 cores will be perfonred
witi,ir Bisor A.enue Jur budge' rssumes i:av
pavemen! coring.
• Traffic control will consist of single lane closures,
performed in -=3Tdance with fine WATCH
Manual. Traffic control will consist of canes and
arr�,w bo{aids 'hat will redirec- vehicles--ro,-rd
our work zone. We have assumed that traffic
^c�rtrol plans will not be requir- rd and costs to
have traffic control plans prepared or stamped
is _ c_rsr_lered in Dur face %e i----tve
ircluded s-eparare line iTen,s ir our c:;st ir,
provide these services. if needed.
M
6-22
D. Scope of Services
TASK D.3 - LABORATORY TESTING
Laboratory testing will be conducted on the
samples collected from the field investigation
program. Laboratory tests will include:
• R -value
• Sieve No. 200 wash for soil classification
• Atterberg Limits for soil classification
• Corrosion series (sulfate, chlorides, resistivity
and pH)
• Maximum density and optimum moisture
content
• In-place moistureldens4
TASK DA - PAVEMENT ANALYSIS
• Pavement engineering analysis will be
performed in accordance with the Caltrans
Highway Design Manual. This methodology
considers the relationship between the traffic
index (TI), subgrade soil strength (through R -value
testing), and the gravel factors of the various
pavement layers, allowing us to identify dig -out
areas, rehabilitation options, and estimate the
required pavement thicknesses. We will utilize
the TI provided by the project Civil Engineer for a
design of a I'D and 20 -year life expectancies.
TASK D.5 - PAVEMENT EVALUATION REPORT
One final report will be prepared to summarize our
findings, conclusions, and recommendations. The
final report will include:
• Summar, of information gathered from the
document review
• Praject location map
•Subsurface exploration location map
• Pavement caring information {asphalt concrete
-hickness, aggregate base thickness, subg(ade
soil type, etc.)
-Select photographs of the pavernent surface
condition
• Laboratory testing results
• Pavement repair and rehabilitation
recommendafions (including thickness
recommendations)
The final report will be signed and stamped by a
California registered civil engineer.
,rf'.LI 1r -i C1. - - -'
® Stantec
Task E - Base Mapping
We will download and compile the field survey
data to create a topographic map of the project
imits, including:
• Surface features (curb and gutter, pavement,
sidewalk, curb ramps, driveways, striping, trees]
• Visible surface utilities (manholes, water valves,
fire hydrants, catch basins, utility boxes, utility
poles; overhead utilities, guy wires. vaults)
• Mapping information {centerlines and right-cf-
way lines)
• Confours generated at 1 -foot intervals
We will use available agency research, prior
surveys, and assessor parcel maps in conjunction
with the monuments found during the field survey
to prepare the mapping information shown an the
base map.
The base map will also include any known
underground utility lines within the project limits.
which will be plotted based on the--ecord drawings
and atlases received from the utility companies
and any utility iniorma#ion found in record drawings
during our research. The deliverable will include a
1 vital CAD drawing con tainir _: 'he resulting data.
Task P -Construction Documents
- ,a completing background research. base
mapping, and field review, we will prepare the
rr?lioWng plans and supporting documents e you.
We will submit the plans, cost estimate, and design
sections at every design stage; and the special
provisions with the 90% and 100% final design
submittals,
16
6-23
D. Scope of Services
TASK F.1 -TITLE SHEET, CONSTRUCTION NOTES,
TYPICAL CROSS SECTIONS, AND DETAILS
The PS&E will Include a single plan set incorporating
a title sheet; using your srandard format and
including general rotes, a vicinity map, and
additional project specific informatior. The second
sheet will show all construction and dispositicr.
notes used and the sheet index for the plans. The
plan set will also include sheets 'or typical roodwoy
sections, standard details, and larger scale design
details for improvements such as curb ramps cross
gutters, and driveways. We will include these
design details in the plan set, as necessary, to
provide additional information to the contractor.
They will supplement the standard details and
standard plans and will likely not be required 'or
most new improvements.
TASK F.2 -- ROADWAY IMPROVEMENT PLANS
We will prepare roadway plans in CARD, under
City's logo, and in accordance with City's design
standards. Each sheet will contain a north arrow,
scale, match lines: and construction and dispositlon
notes for all improvements shown on the sheet. The
profile views will show the existing and proposed
profiles for the crown lines and flops of curb or
edaes of pavement. The plan sheets will be
prepared usirg AutoCAD at a I" = 40 horizorral
scale for the plan views. Profile sheets will be
prepared, if needed, a 1" _ 40' horizontal scale
and 1 rr = 4' verrical scale.
The icadway pears will include,
• Removals
• Pavemen rehabilitation improvements
• Locations for rew and reconstructed curbs.
gutters, sidewalks, driveways: cross gutters and
curb ramros
• Utility adlusrments or relocations
We assume that non-compliant driveway
approaches will only be reconstructed if the
parkway width is wide enough to accommodate
the new driveway without major impacts to private
property improvements. Curb and gutter will be
reconstri-cfed to correct local ponding areas
and the plans will provide utility relocations and
sidewalk pop- :guns, if necessary. to provide a clear
parh of ;ravel along the sidewalk.
® Stantec
The plans will clearly sh(.)w the City :and Cal`rars
rlght-of-way lines and he construction rctes will
reference the appropriate City standard Alar.
The Standard Plans for Public Work Construction
,SPPWC) and the Caltrans Standard Plans will be
used to supplement the City standard plans. The
roadway pians will also irclude all horizontal and
vertical ;, )nnol required to stake and construction
-he new improvements.
TASK F.3 - INTERSECTION GRID DETAILS
Intersection grid details may toe r'eede1J.
depending on the selected pavement
,ehrabilitation. These plans are primarily used for
owrol during paving operations it propel control
cannot be shown on the plan and profile sheets.
Grid details will show the proposed improvements,
including elevations, surface culture, and
underground utilities, ear a scale cf 1 1 = 20'.
Our proposal assumes up to five total
intersection grid detail.
TASK F.4 - SIGNING AND STRIPING PLANS
We will include signing, striping. paverrerr
markings, and loop replacement for Bisor Avenue,
San Joaquin Hills Road and ir?ersectirg side streets,
ii necessary. in fhe improvement plan ser. These
plans will reinstall existing roadwav striping and
pavement markings along Bison avenue `ron-1
Jamboree Road to State Ror,:te 73 Toll Rcad and
Sar Joaquin Hills Road from: Jamboree Road to
MacArthur Boulevard. We will prepare signing
and striping plans to implement rte project
improvements usirg AUTOCAD. a' = 4Cscale.
'double stacked" with two horizontal layou-
strips placed on each plan. it accordance
with City standards.
the signing and striping plans will show remo,/-il
o.` any existing striping and pavemert
not obliterated by povemen ehabilita lar _�rd
conflicting with re -installing new striping and
pavement markings. Traffic signs will be replaced
or upgraded, if necessary. The traffic sign work
will be based on an iry=r ii ---<�s,i, -i
and an assessment or i
requirement.;. it arv. W'1 = -::1proprr,-: _ r
signs withir the project limits may be up�r :=:d 'o
meet current California Manual on Uniform Traffic
Conrfol {CA jVIJTCD1 regt,iren encs. The plans will
include repainrirg of-xisting lej curb rrarkiras if
necessary. however existirg rid curb markings are
very limited within the project limits.
17
6-24
D. Scope of Services
The signing and striping plans will ,also includf 'i'e
restoration of traffic signal loops destroyed by street
rehabilitation improvements. Existing traffic signal
cops will be 'eplaced ar the `allowing signalized
ocatiors vvi'hir :he project limits:
Bison Avenue
• Jamboree Road
-Country Club DriveiLiberty Baptist
• Belcourt Drive/Cawelback
•v.acArthur Boulevard
• _ :ysw.:, .
San Joaquin Hills Road
• arvbDree Road
_:ntn Cruz Drive/Big Canyon Drive
i Rosa Drive/Big Canyor Drive
• A!"' Boulevard (video detec liar -adv
Daps Orly)
New replacement loops will be cornected 'o
existing deiecior lead-in cable (DLC in exis'Erg
adjacent pull boxes.
TASK F.5 — ROADWAY DESIGN SECTIONS
We will build a three-dimensional model ,D' he
exisTirg .Ord new roadway improvements in Civil
3D and tilt.- -{.:sign secliors `rom this n,odel. They
will shove - isting surface. proposed sur'ace_
propose-.; :-. . -.meet section materials and
thickness, r-=xisting and proposed top of �urb
and pavemer elevations, and the existing and
proposed cross slopes.
The design sec. `ions wf i help us identify, as well :-ss
allow vs to c:7rrev' typical roodvvay design issues.
such as flat or excessively steep cross slopes, proper
paven'ert "Di'sITicris. and 'Dreas vvnere we m fy
be significantly reducing the cover over existing
1,Tilities. Sirs_ t Jesign sections will be licked ',:.,
he design- r.' , J I -hey wilt ccnsisTently be up tc
date.
i1=iiia ����e11_1>��:Zi]9 E•Y[�I►I►'�
Using three-dimensional modeling
will allow us to efficiently design the
roadway improvements to provide a
smooth ride and improve driveability.
® Stantec
'Well-written special provisions reduce 'he
potential for ci orders during construcJon.
We will prepare the project provisions based or
your supplied boilerplate and the 2015 edition
of the Standard Specifications for Public Works
Const „ ction iSSPWC'. The Cal'rars Stardard
Specifications will also be referenced for the striping
and sigr�irg imps vemerrs.
Jur experienced s'ai' will thoroughly review .and
modify your boilerplate and all relevant sections
or the SSPWC to help ensure that the special
provisions do not conflict with the improvement
olct,s :and convey the design it ter; of Du!
'naineers. The special provisions mill %e well
y:_rordinated `Neth Jur ii, -r- Repos -;rJ
they will identify oil general phasing and traffic
cart`ol measures'equired ro Ue bV
the contrac7or TO reduce impacts adiacenl
properties during construction. The special
provisions will also identify all permits and additional
plans or coordination efforts the contractor is
responsible `.Dr during con.s-ructr(an. This includes
identifying all specific utility coordination, including
any specific work windows needing to be provided
Inci 't-�e ir,vclve�- t `_n- wiil be
�I�rarly �Ir•;:�ribr:J.
18
6-25
D. Scope of Services
TASK F.7 — COST ESTIMATE
We undeisrar *-e importance of a complete :and
accurate cosy estimate. Since the cost estim._
will be used as a basis for the bid schedule. i' ;
important to include all required work items The
contractor needs to compiefe as part of 'he
project and that the quantities for these work items
are correct. Accurate quantities and unit costs are
also important `or you to understand overall project
costs, and to determine if the available budget
requires value engineering.
First: we determine the project bid items required
based on a thorough review of the plans
and special provisions. Quantities will then be
calculated using our proprietary software and
checked using a second calculation method. We
will establish unit costs using recently bid projects.
The quantities will be continuously updated with
each plan revision and an updated cost estimate
will be provided with all submittals to provide you
with accurate project costs throughout the design
TASK F.8 — AS -BUILT DRAWINGS
Preparing accurate as -built drawings are important
for your future generations. We will prepare as -
built drawings for rhe project using your preferred
format. They will be based on redlines provided
by your inspector and/or Contractor and
supplemented with our revisions noted during
cors`ruc'icn. V\/e will provide you a PDF of the as -
built drawings with the final submittal.
TASK F.9 — ENCROACHMENT PERMIT
We will prepare and submit, on behalf of the City.
a standard Encroachment permit application
with applicable plans to Caltrans District 12 for
placement of temporary construction traffic control
devices within state right-of-way along west bound
Bison Avenue in vicinity of the State Route 73 Toll
Road. It is our understanding that no physical
construction will occur within Caltrans right-of-way.
The project _�oachment permit application
will be subn-i,_-1 to Caltrans as soon as projec-
develops -r - -:Ilcws. We assiume that the City
should b= - :-pt from a permit application `ee
Preparation of traffic control plans will be provided
as an optional item i Task 1.2j: it iequirecl.
® Sta ntec
Delive{abies:
• Caltrans coordination documents, written
responses to Caltrans comments: and Caltrans
Encroachment
• Permit application with supporting documents
Task G — Project Management, Progress
Meetings, and Coordination
Throughout the project. we will commuricate
our progress, design assumptions..and design
challenges with you. We will also coordinate
with other agencies, as required and involve you
in all of these discussions and reviews. Project
communication will include meetings, conference
calls: and emails. Documenting assumptions made.
and direction given during the design process is
important to confirm that everyone agrees on
,Khat was discussed. We will diligently prepare and
distribute meeting minutes or records of =discussion
.-ind :allow yc,_ = nd other attendees to review and
:.omment or .I ese before proceeding further on
rhe design c; project tasks.
Upon NTP, we will schedule a kick-ott meeting ro:
•Obtain background information
• Review and refine the project scope and
schedule
• Establish -he lines of communication
• Discuss the c:al design isst-es. including,
pavemer, W.}les +_rnd cri`eria for concrete
improvem :_-�7irs and A.DA iipgrades
Meetings will also be held to review the 50%,
90%, and 100% submittal packages and up to six
_rddi`ioncE weavings throughoi_- '1-e design phase.
We will develop a comprehensive and specific
project work plan .and :quality control plan;
the project schedule will be updated monrl�ly.
19
D. Scope of Services
Task H - Construction Support Services
V, - ,vill support you during the project bid period,
irciuding respond to questions from prospecti,4e
bfdders and prepare bid addenda to the plans
and special provisions, as necessary.
During the project construction phase, we will
attend the pre -construction meeting, job walk:
and periodic jab site meetings. We can clarify
design -related issues during construction, including
responding `o RFIs and submittal reviews. All
clarifications will be subject to your construction
managers approval.
For 'lie purpose of `his proposal. we assumed up to
50 hours for 'his task.
Task I - Optional Items
TASK I.1 — CALCULATION OF TRAFFIC INDEX (TI)
If desired by -he City: we will prepare separate
traffic index calculations for up to four segments of
Bison Avenue and three segments of San oactuin
Hills Road within the project limits.
We have assumed for this proposal. that a TI will be
calculated for the four segments of Bison Avenue
between the five signalized intersections within
,he project limes and for three segmen S of San
!oaquin Hills Road between the four signals wi-hin
the project limits. Weekday 24-hour: two-way
traffic counts, including truck and bus volumes
by number of axles. will be conducted `or each
segn, ent. We will use this data for each subject
roadway segment to determine an appropria e
design life TI based an Caltrans equivalent single
axle load (FSALI factors for each large vehicle
type. The pavement design life will be confirmed
with each City ardr'or we can provide mulTipie
TI calculations for your consideration based or
different pavement design life.
Traffic data will be collected by teaming partner.
National Data :and Surveying Services (NDS). wh•o
has provided traffic data to our team for many
similar projec's.
il-
® Sta ntec
TASK 1.2 —TRAFFIC CONTROL PLAN
(CALTRANS RIGHT-OF-WAY)
At the option or the Ci'y and i.` required by
Calfror,s encroachment permit flask F.41, we will
prepare traffic control plans (2) for the west bound
approach of Bison Avenue al the easterly project
limits which will extend into Caltrans right-of-way
ar the Slate Route 73 Toll Road. Based on the
improvements. it is anticipated that two phases
of traffic control will be required. Traffic control
pians will be prepared using AutoCAD: at 1" _
40' scale, double -stacked" wirh two horizontal
layout strips placed on each plan, in accordance
with City standards. Traffic control plans will follow
the latest edition of the CA MI,T+vD and ly
of Newport Beach guidelines and will show oil
temporary signs, barricades, channeiizers: and :any
other traffic control devices as necessary to safely
accommodate vehicular, pedesrrian, and bicycle
traffic, and efficient construction.
TASK 1.3 — DEFLECTION TESTING AND ANALYSIS
If needed, non-destructive pavement deflection
testing can be performed ir: accordance with
California Test 356 at a 250 -foot interval. Travel
and turn lanes in both directions will be tested.
Deflection data wit# be reviewed to isolate or
separate the limits of similar deflection response for
statistical summary of darn ii.e. -he 30th percentile
deflection is provided). The data is used in design
of a rehab of the existing pavemer' sec -ion.
We propose to perform deflection testing at
approximately 130 locations. This is based on esting
at 250 -root intervals 'or approximately as ?3G lane
feet. Deflection testing will be performed in one
eight hour regular business day. In order to collect
this data within this time constraint. one lay or
deflection testing will be performed.
A moving closure like traffic control truck with arrow
boards following behind the deflection testing
equipment will be utilized. We assume that traffic
corrtol plans will not be'equirea If required, we will
revise our estimate accordingly 'o include the cost
:o prepare and stamp the plans.
20
6-27
EXHIBIT B
SCHEDULE OF BILLING RATES
Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation Project
Design C-7433-1
Total Fee Amount, including all optional Tasks
Contingency:
Total Not -To -Exceed Fee:
$189,219.00
$19.000.00
$208,219.00
Services shall be on a time -and -materials, not -to -exceed basis in accordance with
the attached Fee Schedule.
Stantec Consulting Services Inc.
Page B-1 6.28
(3 Stantec
SCHEDULE OF BILLING RATES —2018
Billing
Hourly
Description
Level
Rate
Junior Level position
3
$83
3 Independently carries out assignments of limited scope using standard procedures, methods and
-
$9
techniques
3 Assists senior staff in carrying out more advanced procedures
510'
3 Completed work is reviewed for feasibility and soundness of judgment
3 Graduate from an appropriate post -secondary program or equivalent
Generallyr one to three years' experience
Fully Qualified Professional Position
13-,
3 Carries out assignments requiring general forn6arity within a broad field of the respective profession
3 Makes decisions by using a Combination of standard methods and techniques
-$117
ZI Actively partici pales in planning to ensure the aChievement of objectives
S125
3 Works independently to interpret information and resolve difficulties
3 Graduate from an appropriate post -secondary program, with credential, or equivalent
Generally, three to six years' experience
Fist Level Supervisor or fust complete Level of Specialization
9
$129
3 Provides applied professional knowledge and initiative in planning and coordinating work
programs
10
$139
3 Adapts established guidelines as necessary to address unusual issues
3 Decisions accepted as technically accurate, however may on occasion be reviewed for
I 1
$l 48
soundness of judgment
Graduate from on appropriate post -secondary program, with credentials or equivalent
7 Generally. five to nine years' experience
Highly Specialized Technical Professional or Supervisor of groups of professionals
3 Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise
12
$ 158
3 Participates in short and long range planning to ensure the achievement of objectives
1 ,
$169
3 Makes responsible decisions on all matters, including policy recommendations. worts methods. and
financial controls associated with large expenditures
-
$179
3 Reviews and evaluates technical work
3 Graduate from an appropriate pos -secondary program, with credentials or equivalent
3 Generally. ten to fifteen years' experience with extensive. broad experience
Senior Level Consultant or Management
3 Recognized as an authority in a specific field with qualifications of significant value
y
$188
3 Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise
Independently conceives programs and problems for investigation
$216
ZI Participates in discussions to ensure the achievement of program and/or project objectives
3 Makes responsible decisions on expenditures. including large sums or implementation of major
$234
programs and/or projects
3 Graduate from an appropriate post -secondary program. with credentials or equivalent
3 Generally. more than twelve years' experience with extensive exoerience
Senior Level Management under review by Vice President or higher
3 Recognized as an authority in a specific field with qualifications of significant value
18
$275
3 Responsible for long range planning within a specific area of practice or region
19
$311
3 Makes decisions which are far reaching and limited only by objectives and policies of the
organization
20
$346
Q Plans/approves projects requiring significant human resources or capital investment
3 Graduate from an appropriate post -secondary program. with credentials or equivalent
2
'
3 Generally. fifteen years' Experience with extensive professional and management experience
Survey Crew Size Regular Rate Overtime Rate
Crews I -Person $180 $215
2 -Person $260 $360
3 -Person $360 $490
"2 20 18
Stantec Consulting Services Inc. Page B-2 6-29
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 one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) 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 6-30
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
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) 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. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Stantec Consulting Services Inc. Page C-2 6-31
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. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Stantec Consulting Services Inc. Page C-3 6-32
judgment may be necessary for its proper protection and prosecution of the
Work.
Stantec Consulting Services Inc. Page C-4 6-33