HomeMy WebLinkAboutC-8728-1 - PSA for Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation• �J
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i� PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES, INC. FOR
NEWPORT COAST DRIVE AND BALBOA BOULEVARD PAVEMENT
REHABILITATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 30th day of November, 2021 ("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 place of business 370 Interlocken Blvd, Suite 200, Broomfield, Colorado,
80021, 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 various consulting services for the
Newport Coast Drive and Balboa Boulevard 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:
9. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2023, 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 Three Hundred Ninety Six
Thousand Two Hundred Fourteen Dollars and 00/100 ($396,214.00, without prior
written authorization from City. No Milling 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
C ity.
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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 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.
8. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Director of Public Works 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
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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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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.
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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
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 fallow 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.
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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 orfor 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
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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.
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, biogs, 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 Computer Aided Design and Drafting (°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
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arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CARD data; or (b) 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 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,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital `As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (34)
days after finalization of the Project.
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
inspection of all Work, data, Documents, proceedings and activities related to the
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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.
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26. NOTICES
28.1 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.
28.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1758
Newport Beach, CA 92558
28.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jeff Wilkerson
Stantec Consulting Services, Inc.
38 Technology Drive
Irvine, CA 92818
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 9244 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,
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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.).
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. PREVAILING WAGES
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 1779 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
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subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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.
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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,
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]
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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: li o3
By:je�A
ra
n C. Harp
City Attorney
ATTEST: �
Date - —A awy��
BrownLeilani 1.
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: L!• 3 a - ep 1,
By: Zz2z
Bra ve
M or
CONSULTANT: Stantec Consulting
Services, Inc., a New York corporation
Date:
Signed in Counterpart
By:
David Elwell
Vice President
Date:
Signed in Counterpart
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
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:
By: r
ron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONSULTANT: Stantec Consulting
Services, Inc., a New York corporation
Date: Jf /,/Oz/
By;
David Elwell
Vice President
Date: i
By:J�L
. rL
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
EXHIBIT A
SCOPE OF SERVICES
i. Task A — Research and Data Collection
Consultant will research and obtain available as -built record drawings, utility plans,
preliminary engineering reports, and record survey drawings for both project sites. This
includes researching available documents on the City's GIS system and reviewing
information obtained from the utility company coordination, such as from the Irvine Ranch
Water District, who appears to have facilities along Newport Coast Drive.
As part of this task, Consultant will also perform field reviews of the sites to evaluate the
following:
• Condition of the existing roadway improvements
+ Identify any noteworthy features
• Determine the location of any damaged, raised, or sunken curbs, gutters,
sidewalks, and other concrete improvements within the public right-of-way
that needs to be constructed, repaired, or brought up to current ADA
standards
• Determine locations of local pavement repairs and drainage deficiencies
Prior to the field review, Consultant will coordinate with the City to determine the extent
of repairs and ADA improvements the City are planning for this project. During the field
walk, Consultant will take digital photos and document the location of all potential repair
locations and any other issues requiring special attention.
Ill. Task B — Utility Coordination
Thorough utility coordination is essential for the success of these important roadway
improvements. The City will distribute the first utility request notices to utility companies
in the project area and will forward the utility contacts and any utility maps or atlases
received. Consultant will organize this information in a utility coordination matrix that will
be updated throughout the project. Consultant will coordinate with the respective utility
companies to confirm ownership, location and depth of facilities, and resolve any conflicts
with the new improvements. Consultant will lead efforts to identify ownership of unknown
utility lines or appurtenances, determine any utility facilities that may interfere with
proposed construction, and coordinate the relocation or adjustment of all utilities impacted
by the new construction. Consultant anticipates distributing two notices to the utility
companies for this project. The initial notice will include the 50 -percent improvement
pians, which will show the location of all known utilities and any preliminary utility
relocations or adjustments. Consultant will ask the utility companies to confirm the
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location of their existing facilities and identify any missing facilities or improvements that
are currently being planned.
Consultant will confirm the number of utility adjustments with each utility company, their
specific design details, and whether they will have the City's contractor perform this work.
Consultant will also coordinate any required utility relocations along with any required
work windows.
Consultant will incorporate any comments received into the 90 -percent and 100 -percent
final plans and then distribute the final notice to each utility company for their review and
approval. Consultant will then obtain written confirmation from each utility company that
all comments have been addressed and the plans are acceptable.
Consultant will identify utilities to be protected in-place, adjusted to grade or relocated
and ensure that all utility improvements follow the specific utility company's standards.
Task C — Design Surveyin
Newport Coast Drive
Consultant's surveyors will establish local control for each intersection and perform a
topographic survey to document existing site topography and planimetrics for existing
curb returns with non -ADA compliant curb ramps only (approximately 11 total). Curb
returns with curb ramps which have already been retrofitted to be ADA compliant will not
be surveyed.
Balboa Boulevard
Consultant's surveyors will establish horizontal and vertical survey control and perform a
topographic survey to document the existing site topography and planimetrics within the
area of proposed improvements. The design survey will include cross sections at 25 -foot
intervals (right-of-way to right -of- way, with 1 -foot contours) to locate visible surface
improvements and surface utilities within the survey limits. The survey limits will include
Balboa Boulevard from Medina Way to G Street {+/- 4,600 LF} and extend approximately
50 -feet in all directions beyond the limits of all intersections.
As part of the field survey, Consultant will observe monuments to retrace the centerlines
and rights-of-way of Balboa Boulevard from Medina Way to G Street. The results will be
incorporated into the base map illustrating existing right-of-way conditions. This will not
be a full and complete boundary survey of the adjacent land parcels and the right-of-way
lines will be approximate; based on a combination of found survey monuments, record
survey drawings, as -built plans, and City GIS data. Survey monuments located and
indicated on the survey will be limited to primary controlling centerline monuments found
along Balboa Boulevard. Consultant assumes that Corner Records will be filed by the
Contractor's surveyor as required by the Special Provisions.
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IV. Task D — Sinning and Striping Inventory
Consultant will conduct a field inventory of the existing signing and striping for both sites.
This inventory will include documenting (with photos, field measurements and "GoPro"
video) the existing striping, pavement markings, and signs. The size and condition of the
existing signs will also be documented. This information will be combined with the existing
topography and utility bases to create a 30 -Percent Base Map plan as part of Task F -
Base Mapping.
V. Task E — Pavement Report - Balboa Blvd.
Pavement Engineering
Document Review and Dig Alert Coordination
City's subconsultant will perform a document review of existing as -built drawings and past
geotechnical/pavement reports provided by the City. The information gathered from this
review will be considered in the analysis (i.e., existing pavement section thicknesses, date
of last pavement improvement work, etc.). Pavement coring locations will be marked and
Dig Alert (Underground Service Alert) will be notified to assess potential conflicts with
known underground utilities prior to performing pavement corings.
Deflection Testing and Analysis
Non-destructive pavement deflection testing will be performed by City's subconsultant in
accordance with California Test 356. Deflection testing involves applying an impact load
(simulating truck traffic) and measuring the corresponding deflection response. Generally,
lower deflection readings indicate a stronger pavement section whereas higher deflection
measurements indicate weaker pavement section.
Benefits of deflection testing include:
■ Allowing the in-place structural capacity to be determined and analyzed.
• Identification of potential weak areas that visual surface inspection cannot.
Compared to pavement repair recommendations derived primarily from coring
data and subgrade R -value tests, performing deflection testing and analysis of
deflection data often allows more cost- effective pavement repair
recommendations to be developed.
Deflection testing will be performed at 100 -foot intervals. Each deflection test point will be
geo-referenced using a sub -meter accuracy GPS system. The tests will be staggered
between the lanes in both directions of travel to increase the coverage of each section.
The approximate total number of test points is 127. One (1) day of pavement deflection
testing will be performed.
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Moving closure traffic control (traffic control truck with arrow boards) following behind the
deflection testing equipment will be utilized. Consultant assumes that traffic control plans
will not be required.
Subsurface Exploration
Consultant will obtain an encroachment permit from the City of Newport Beach for the
proposed subsurface exploration. Consultant has assumed permits from other agencies
are not required.
City's subconsultant will perform a total of 8 pavement corings. They assume one (1) day
of pavement coring will be performed. Subsurface exploration will be performed between
the hours of 8 am and 5 pm to a maximum depth of four feet (4) below the top of the
existing asphalt surface using an electric -powered core drill. Sampling and digging below
the AC section will be performed using hand tools. The thickness of the existing asphalt
concrete (AC) and aggregate base (AB), if present, will be recorded. Paving fabric will be
documented, if encountered.
Underlying PCC, if encountered, will be recorded. Bulk samples of the subgrade soil will
be collected. Upon completion of the sampling, the core hole will be backfilled with soil
cuttings or other suitable backfill materials and capped with asphalt concrete cold patch.
Traffic control will consist of single lane closures, performed in accordance with the
WATCH Manual. Traffic control will consist of cones and arrow boards that will redirect
vehicles around our work zone. Consultant has assumed that traffic control plans will not
be required and costs to have traffic control plans prepared or stamped are not included
in the proposal.
Consultant has assumed backfilling the boreholes with the soil cuttings and surfacing
them with AC cold patch is acceptable. Sand blasting to remove Dig Alert markings,
pavement grinding, and hot asphalt patch are not included in the proposal.
Laboratory Testing
City's subconsultant will perform laboratory testing of the samples collected from the
pavement corings in their in-house Caltrans certified pavement materials laboratory. The
exact type and quantity of tests will be dependent on the conditions encountered. Testing
may include the following:
• Maximum density and optimum moisture content
■ Laboratory soil classification (Atterberg Limits and Percent Passing No. 200
Sieve)
■ R -value testing
■ In-place moisture content
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Laboratory tests to develop mix design recommendations (i.e., cold or hot in-place
recycled AC, full -depth reclamation with cement treatment, etc.) are not included in the
proposed laboratory testing program. Mix design laboratory testing services can be
provided under a separate proposal if those types of pavement repair strategies are later
recommended.
Pavement Enaineerina AnaIvsis
Pavement engineering analysis will be performed in accordance with the Caltrans
Highway Design Manual. Caltrans AC design methodology consists of two primary design
procedures. For complete reconstruction strategies (or patches), Caltrans 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, to allow us to
calculate the required replacement pavement thicknesses. For rehabilitation strategies
(i.e., mill -and- overlay, cold/hot in-place recycling, etc.), Caltrans methodology considers
the deflection testing's readings and compares it to "tolerable" deflections to assess
structural adequacy. Variables such as the in-place AC pavement thickness and design
traffic index are factored into the analysis to determine the required mill -and- overlay
thickness to achieve structural adequacy.
Identification of Isolated AC Repair Locations
A Pavement Engineer of City's subconsultant will identify isolated AC repair locations,
based on a combination of factors such as:
• Type and severity of the pavement surface distress type (i.e., medium- or high -
severity load- related distresses such as alligator cracking or depressions).
• Deflection testing data (i.e., areas with exceedingly high deflection
measurements).
■ Coring data (i.e., areas with inadequately thick in-- place pavement)
• Laboratory data (i.e., areas with high subgrade moisture content).
The locations will be marked on a plan and provided to the City. Areas highly
recommended for isolated AC repairs (i.e., "must do" areas) will be illustrated in red. Areas
that are recommended for isolated AC repairs (i.e., "on -the -fence") will be illustrated in
orange. Ideally, all red and orange areas should be addressed with an isolated AC repair;
however, Consultant understands that often times, amount of isolated AC repairs will
need to be prioritized and this approach allows flexibility for the design team to do so.
Pavement Evaluation Report
One draft report and one final report will be prepared by City's subconsultant to
summarize their findings and conclusions. The final report will include:
• Summary of information gathered from the document review;
• Project location map;
■ Subsurface exploration location map;
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• Pavement coring information
■ Select photographs of the pavement surface condition;
■ Deflection measurement results;
• Laboratory testing results;
• Isolated AC repair locations; and
• Pavement rehabilitation strategy recommendations.
City's subconsultant will provide two (2) pavement repair recommendation options for the
City. City's subconsultant shall possess extensive experience in developing cost-effective
pavement repair alternatives, including the following:
• Localized AC repairs (patches) followed by mill -and- overlay repair using
conventional AC or rubberized AC pavement;
• Cold in-place (CIR) or cold central plant recycled (CCPR) asphalt concrete (AC)
pavement;
• Cement stabilized pulverized base (CSPB) as part of the pavement structural
section;
■ Cement- or lime -stabilized soils (CSS or LSB) for subgrade stabilization and/or
as part of the pavement structural section;
■ Fiber -reinforced asphalt concrete (FRAC) to improve reflective cracking
resistance and/or reduce required AC thickness; and
■ Rubberized hot -mix asphalt (RHMA or ARHM overlays).
The final report will be signed and stamped by a California registered civil engineer
Calculation of Traffic Index (Th
Consultant will prepare separate traffic index (TI) calculations for up to three (3) segments
of Balboa Boulevard within the project limits. Weekday 24-hour, two-way traffic counts,
including truck and bus volumes by number of axles, will be conducted for each segment.
Consultant will use this data for each subject roadway segment to determine an
appropriate design life TI based on Caltrans equivalent single axle load (ESAL) factors
for each large vehicle type. The pavement design life will be confirmed with the City and/
or Consultant can provide multiple TI calculations for the Cities consideration based on
alternative pavement design life.
Pavement Rehabilitation Strategy and Rough Order of Magnitude (ROM) Estimate
Consultant will prepare ROM estimates for the various pavement repair and rehabilitation
recommendations outlined in the Pavement Report. These ROM estimates will be
compared to the City's available budget to help select the Preferred Pavement
Rehabilitation Strategy. If necessary, Consultant can value engineer the proposed
pavement improvements to best fit the City's available budget and objectives.
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VI. Task F — Base Mapping
Consultant will prepare base maps for each site as described below and submit them as
part of the 30 -Percent Base Map submittal. In addition, a redlined set of the 30 -Percent
Base Map plan will be provided to the City with recommendations for proposed signage
improvements necessary to meet current CA MUTC❑ requirements and locations of
existing signs in poor condition which should be replaced. Consultant will incorporate any
plan check comments received from the City into the improvement plans.
Newport Coast Drive
The City will provide aerial photos, right-of-way lines, and centerlines to use for the base
map. Consultant will supplement this information with available as -built drawings to create
a 30 -Percent Base Map plan. Consultant will prepare this plan at 1"=40' scale, "double
stacked" with two horizontal lathe layout strips placed per sheet. The plan will include
approximate linework for curbs, gutters, sidewalk, curb ramps, driveways, trees, and
visible surface utilities, Trees will be added based on the aerial photo (not field measured)
and irrigation control valves will not be shown. Mapping information will include the
approximate centerlines, right-of-way lines, property lines, and addresses.
In addition, the base map will include an existing utility base drawing which will show all
known underground utility lines within the project limits. Existing utilities will be plotted
based on the record drawings and atlases received from the utility companies and any
utility information found in record drawings during our research. Their locations will be
cross checked against the surface utilities found during our field review to confirm they
are shown in the most accurate location possible.
Finally, the 30 -Percent Base Map plan will show the existing striping configuration and
correlating Caltrans striping detail numbers, existing pavement marking locations,
existing lane widths, and existing sign location (type and orientation). The plan will be
verified during our field walk.
Balboa Boulevard
Consultant will download and compile the field survey data to create a 30 -Percent Base
Map plan of the project limits, including:
0 Surface features (curb, gutter, pavement, sidewalk, curb ramps, driveways,
trees)
• Visible surface utilities (manholes, water valves, fire hydrants, catch basins, utility
boxes, utility poles, overhead utilities, guy wires, vaults)
* Mapping information (centerlines, right-of-way lines, and property lines)
0 Contours generated at 1 -foot intervals
Consultant 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 on the plan.
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The 30 -Percent Base Map plan will also include existing striping, signage, and
underground utilities as previously described for Newport Coast Drive and the plan will
be verified during the field walk.
VII. Task G — Construction Documents
After completing the preliminary engineering efforts, selecting the Preferred Pavement
Rehabilitation Strategy for Balboa Boulevard, and receiving plan check comments on the
30 -Percent Base Map, Consultant will prepare the following plans and supporting
documents. Consultant will submit the plans, engineer's estimate, and design sections
with each submittal, and the special provisions with the 90 -percent and 1 00 -percent final
design submittals.
Plans
Consultant will prepare a single plan set containing both sites. They will be in AutoCAD
Civil 3D and in accordance with the City's design standards.
Title Sheet Notes Typical Sections and Details
The plan set will include a title sheet, using the City standard format, with general notes,
a vicinity map, and additional project specific information. The second Sheet will show all
construction and disposition notes used and the sheet index for the plans. The plan set
will also include sheets for typical roadway sections, standard details, and smaller scale
design details for improvements such as non-standard curb ramps or cross gutters.
Consultant will include these design details in the plan set, as necessary, to provide
additional information to the contractor.
Roadway Plan and Profile Sheets V = 20' - Balboa Boulevard
Roadway plan and profile sheets will be prepared using a 1" = 2a' horizontal scale and 1"
= 2' vertical scale. Each sheet will contain a north arrow, scale, match lines, and
construction and disposition notes for all improvements shown on the sheet. The profile
views will show the existing and proposed profiles for any crown lines and the tops of curb
or edges of pavement.
The roadway improvements will include Removals; pavement rehabilitation
improvements; locations for new and reconstructed curbs, gutters, sidewalks, driveways,
cross gutters, and curb ramps; and existing utilities and utility adjustments/relocations.
Consultant assumes that non- compliant commercial 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. Residential driveways will not
be reconstructed.
The plans will clearly show the City right-of-way lines and the construction notes will
reference the appropriate City standard plan. The Standard Plans for Public Work
Construction (SPPWC) and the Caltrans Standard Plans will be used to supplement the
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City standard plans. The roadway plans will also include all horizontal and vertical control
required to stake and const the new improvements.
Roa dway Plan 0 n ly Sheets 1" = 44' - New ort Coast Drive
Roadway plans along Newport Coast Driveway will be plan view only prepared at 1" = 49'
scale, "double stacked" with two horizontal lathe layout strips placed on each plan. The
plan views will be in a similar format as the Balboa Boulevard plans described above.
Roadway Design Sections (Separate Plan Set - Balboa Boulevard
Consultant will build a three-dimensional model of the existing and new roadway
improvements in Civil 3D and plot design sections from this model. The design sections
will show the existing surface, proposed surface, proposed pavement section
thicknesses, the existing and proposed top of curb and/or pavement elevations, and the
existing and proposed cross slopes.
The design sections will help us identify and correct typical roadway design issues, such
as flat or excessively steep cross slopes, proper pavement transitions, and areas where
Consultant may be significantly reducing the cover over existing utilities. Since the design
sections will be linked to the design model, they will consistently be up to date.
Signing and Striping Sheets
The signing and striping plans will include signing, striping, pavement markings, painted
curb, and traffic signal loop detector replacements for Newport Coast Drive, Balboa
Boulevard, and intersecting side streets as required, within the project limits. The plans
for Balboa Boulevard will be prepared at 1" = 20' scale and the Newport Coast Drive plans
will be prepared at 1" = 40' scale. Both plans will be "double stacked" with two horizontal
lathe layout strips placed on each plan.
The plans will reinstall or modify existing roadway striping and pavement markings based
on markups of the 30 --percent Base Map by City staff. The plans will also include the
removal of any conflicting existing striping and pavement markings not obliterated by
pavement rehabilitation. The traffic sign work will be based on information gathered during
the Signing and Striping Inventory. Where appropriate, existing signs within the project
limits may be upgraded and new signs may be proposed to meet current California
Manual on Uniform Traffic Control Devices (CA MUTCD) requirements. Sign details will
be prepared for all new custom or modified signs. The signing and striping plans will also
include repainting of existing painted curb markings, as required, and replacement of
impacted traffic signal loop detectors.
Special Provisions
Consultant will prepare the project provisions based on the City supplied boilerplate and
the 2015 edition of the Standard Specifications for Public Works Construction (SSPWC).
The Caltrans Standard Specifications will also be referenced for the striping and signing
improvements.
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Consultant's experienced staff will thoroughly review and modify the City boilerplate and
all relevant sections of the SSPWC to help ensure that the special provisions don't conflict
with the improvement plans and convey the design intent of our engineers. The special
provisions will be coordinated with our Pavement Report and will identify all general
phasing and traffic control measures required to be implemented by the contractor to
reduce impacts to adjacent properties during construction. The special provisions will also
identify all permits and coordination efforts the contractor is responsible for during
construction. This includes all Caltrans encroachment permit requirements and specific
utility coordination efforts required; including any specific work periods needing to be
provided by the contractor. Finally, the bid items will be listed, and the work involved in
each item will be clearly described.
Cost Estimate
Consultant understands the importance of a complete and accurate cost estimate. Since
the cost estimate will be used as a basis for the bid schedule, it's important to include all
required work items the contractor needs to complete as part of the project and that the
quantities for these work items are correct. Accurate quantities and unit costs are also
important for the City to understand overall project costs, and to determine if the available
budget requires value engineering.
First, Consultant determines 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. Consultant 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
the City with accurate project costs throughout the design.
As -Built Drawings
Consultant will prepare as -built drawings for the project using the City preferred format.
They will be based on redlines provided by the City inspector and/ or Contractor and will
be supplemented with our own revisions noted during construction. Consultant will
Provide the City a PDF of the as -built drawings upon completion of construction.
Caltrans Encroachment Permit
Process Caltrans Encroachment Permit for Traffic Control Implementation (Parent
Permit
Consultant will process an encroachment permit through Caltrans District 12 for
placement of temporary construction traffic control devices within state right --of- way along
East Coast Highway, east of Newport Coast Drive. Consultant will prepare and submit,
on behalf of the City, a standard encroachment permit application with applicable plans
and supporting documents. Consultant assumes that that no physical construction will
occur within Caltrans right-of-way, so a Water Pollution Control Program (WPCP) or
Design Standard Decision Document (DSDD) are not required. The project encroachment
permit application will be submitted to Caltrans as soon as project development allows,
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and Consultant anticipates responding to one round of plan check comments. Consultant
assumes that the City will be exempt from any permit application fees.
Traffic Control Plans for Encroachment Permit
Consultant will prepare traffic control plans extending into Caltrans right-of-way along
westbound East Coast Highway for the construction of improvements at the Newport
Coast Drive intersection. It is anticipated that no more than two phases of traffic control
will be required. The traffic control plans will be prepared at 1" = 40' scale, "double -
stacked" with two horizontal lathe layout strips placed on each plan. They will be prepared
on City title block in accordance with Caltrans standards. The traffic control plans will
follow the latest edition of the CA MUTCD and City of Newport Beach guidelines and will
show all temporary signs, barricades, channelizers, and any other traffic control devices
as necessary to safely accommodate vehicular, pedestrian, and bicycle traffic, and
efficient construction.
VIII. Task H —Project Management, Progress Meetings, and Coordination
Throughout the project, Consultant will communicate our progress, design assumptions,
and design challenges with the City. Consultant will also coordinate with other agencies,
as required and involve the City in all 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 what was discussed. Consultant will diligently prepare and
distribute meeting minutes or records of discussion and allow the City and other attendees
to review and comment on these before proceeding further on the design or other project
tasks.
Upon Notice to Proceed, Consultant will schedule a kick-off meeting to:
■ Obtain background information
• Review and refine the project scope and schedule
• Establish the lines of communication
■ Discuss the critical design issues, including, pavement strategies and criteria for
concrete improvement repairs and ADA upgrades
Meetings will also be held to review the 30 -percent, 50 -percent, 90 -percent, and 100 -
percent submittal packages and up to six (6) additional meetings throughout the design
phase. Consultant will develop a comprehensive and specific project work plan and
quality control plan, and the project schedule will be updated monthly.
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IX. Task 1 — Construction Support Services
Consultant will support the City during the project bid period, including responding to
questions from prospective bidders and preparing bid addenda to the plans and special
provisions, as necessary.
During the project construction phase, Consultant will attend the pre -construction
meeting, job walk, and periodic job site meetings, as required. Consultant can clarify
design -related issues during construction, including responding to RFIs and shop drawing
1 submittal reviews. All clarifications will be subject to the construction manager's
approval.
Far the purpose of this proposal, Consultant assumed up to 112 hours for this task.
X. Task J - Ground Penetratinq Radar Testing and Analysis - Balboa Blvd.
If requested by the City, Consultant's team can perform ground penetrating radar (GPR)
testing services. Ground penetrating radar testing involves sending radar signals into the
pavement and analyzing the generated images to identify AC, AB, and PCC layers and
their thicknesses on a continuous basis. The approximate location of underlying concrete
can be determined with this type of testing and can be compared to information derived
from the as -built plans. GPR testing will be performed in each travel lane (parking and left
turn lanes not included). Deliverables will include tabular results and color -coded cross-
sectional plots of each lane.
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EXHIBIT B
SCHEDULE OF BILLING RATES
Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation (22R14)
C-8728-1
Total Not -To -Exceed Fee: $396,214.00
Consultant's Services shall be provided on a time -and -materials, not -to -exceed
basis in accordance with the following Fee Schedule. These billing rates shall apply for
the term of the Agreement.
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Bllling
Hourly
Description
Level
Rate
Junior Level position
3
$101
J Independently carries out assignments of limited scope using standard procedures, methods and
4
$112
techniques
❑ Assists senior staff in carrying out more odvonceo procedures
5
$127
❑ Completed work is reviewed for feasibility and soundness of judgment
a Graduate from on appropriate postsecondary program or equivole nt
7 Generally, one to three ears' experience
Fully qualified Professional Position
6
$131
, Carries out assignments requiring general familiarity within a brood field of the respective profession
7
Ll retakes decisions by using a combination of standard methods and techniques
$138
❑ Actively participates in planning to ensure the achievement of objectives
8
$148
❑ 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
$153
❑ Provides applied professional knowledge and initiative in planning and coordinating work programs
10
5158
❑ Adapts established guidelines as necessary to address unusual issues
❑ Decisions accepted as technically accurate, however may on occasion be reviewed far soundness of
11
$172
judgment
u Graduate from an appropriate post -secondary program, with credentials or equivalent
❑ Generally. five to nine years' exp erlence
Highly Specialized Technical Professional or Supervisor of groups of professionals
Ll Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise
12
$18 t
Participotes in short and long range ptonning to ensure the achievement of objectives
13
3190
Q Makes responsible decisions on alt matters, including policy recommendations. work methods, and
financial controls associated with large expenditures
14
$20D
❑ Reviews and evaluates technical work
La Graduate from on appropriate past -secondary program. with credentials or equivalent
Li Generali , ten to fifteen years' ex erience with exlensive, broad ex erience
Senior Level Consultant or Management
❑ Recognized as an authority in a specific field with qualifications of significant value
I5
$212
❑ Provides mutt 1-disciplIne knowledge to deliver innovative solutions in related field of expertise
❑ independently conceives programs and problems for investigation
16
$234
q Participates in discussions to ensure the achievement of program and/or project objectives
17
$241
❑ snakes responsible decisions on expenditures, inciv ding large sums or implemento t io n of major
programs and/or projects
❑ Graduate Irom on 0ppropriale post -secondary program, with credenfiais or equivalent
❑ Generally, more than twelve years' experience with extensive experience
Senior Level Management under review by Vice President or higher
18
$246
❑ Recognized as an authority in a specific field with qualifications of significant value
U Responsible for long range planning within a specific area of practice or region
19
$256
Ct Makes decisions which are for reaching and limited only by objectives and policies of the organization
20
$265
❑ Planstapproves projects requiring significant human resources or capital investment
❑ Graduate from on opproprioto post -se condory program, with credenliats or equivalent
21
$282
❑ Generally. liftoen years' experience with extensive professional and management experience
Crew Size Regular Rate Overtime Rate
Survey Crews
1 -Person $185 $225
2 -Person $280 $390
3 -Person $380 $510
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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, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
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
Stantec Consulting Services, Inc. Page C-1
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.
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 ($1,400,000) 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,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement 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:
Stantec Consulting Services, Inc. Page C-2
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
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. Ci '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
20380413.
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
Stantec Consulting Services, Inc. Page C-3
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.
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
November 16, 2021
Stantec Consulting Services, Inc.
38 Technology Dr.
Irvine, CA 92618
Reference Number: 8728-1
This Account has moved from non-compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely,
City of Newport Beach
Compliant Notice [CA1]
City of Newport Beach
���WPoRT
Insurance Compliance
PO Box 100085 - FV
°9 Fad" P
Duluth, GA 30096
November 16, 2021
Stantec Consulting Services, Inc.
38 Technology Dr.
Irvine, CA 92618
Reference Number: 8728-1
This Account has moved from non-compliant to COMPLIANT status and currently in compliance for
certificate of insurance requirements.
As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts
and those of your insurance agent in working with our insurance representatives.
Please call us at (951) 766-2285 if you have any questions.
Sincerely,
City of Newport Beach
Compliant Notice [CA1]