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HomeMy WebLinkAbout06 - Big Canyon Reservoir Flow Metering Vault and Treatment Improvements - Approval of PSACTY OF F NEWPORT BEACH City Council Staff Report July 28, 2015 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Ben Davis, Civil Engineer PHONE: (949) 644 -3317 TITLE: Big Canyon Reservoir Flow Metering Vault and Treatment Improvements — Approval of Professional Services Agreement with Stantec Consulting, Inc. ABSTRACT: In May 2015, staff issued a Request For Proposal (RFP) for engineering services to design flow metering and treatment improvements at Big Canyon Reservoir. After reviewing and rating the proposals, staff is requesting City Council's approval to enter into a Professional Services Agreement with Stantec Consulting, Inc. of Irvine, California. RECOMMENDATION: Approve Professional Services Agreement (PSA) with Stantec Consulting, Inc. of Irvine, California, for design services for the Big Canyon Reservoir Flow Metering Vault and Treatment Improvements project at a not -to- exceed price of $158,403, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this design work within the Water Enterprise project fund (7502- C6002019; 70101 - 980000- 16W13). DISCUSSION: The City of Newport Beach conducted a study in November 2014, to analyze flow measurement accuracy and water disinfection at the Big Canyon Reservoir flow control building. The analysis found two areas that could be improved. First, the existing flow meter is a 42 -inch propeller meter which is not ideal for measuring low flows. The second issue is the water disinfection dosing and mixing process can be improved with a flash mixing device before entering the water distribution system. The proposed design involves constructing a concrete vault to house a new 30 -inch magnetic flow meter to replace the 42 -inch propeller meter and installing a new in -line mixing device. The Zone 3 Pump Station located at Big Canyon Reservoir consists of four pumps; two 150 horsepower and two 300 horsepower pumps. Recently one of the two Variable Frequency Drives (VFDs) that operate a 300 - horsepower pumps failed. These VFDs regulate power to the pumps that serve Zone 3 and are at the a end of their useful lives. To ensure water distribution system reliability and redundancy, the proposed engineering services will include electrical design for the replacement of both 300 horsepower VFDs. Stantec Consulting has the experience and expertise to prepare plans and specifications for the replacement VFDs as part of the PSA. Staff requested proposals for design services from five (5) engineering firms and received four (4) proposals. The City review team consisted of staff from the Municipal Operations and Public Works Departments. Using a qualification -based selection process, each of the four proposals were evaluated and scored based on the consultant team's project understanding, experience, qualifications, planning and design approach, design ideas, and projected level of effort. Stantec Consultants, Inc. was selected by the review team as the most qualified and responsive firm for this project. Stantec also has an impressive track record having completed design of flow and treatment improvements for various agencies throughout Southern California. The proposed Scope of Work includes research and data collection; utility coordination; topographic survey; geotechnical survey, specifications of VFDs, preparation of final construction plans, specifications, estimates; and construction support services for a not -to- exceed design fee of $158,403. 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: Description Attachment A - Location Mao Attachment B - Professional Service Agreement M. 0 J s \ \9 � 0 Donl PROJECT LOCATION c � O 9 PG �N N� n S w C, 0 BIG CANYON RESERVOIR FLOW METERING VAULT AND TREATMENT IMPROVEMENTS LOCATION MAP ATTACHMENT A 9 P/ C� BIG CANYON RESEVOIR Oi a N.T.S. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 07/28/15 6 -3 ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR BIG CANYON RESERVOIR FLOW METERING VAULT AND TREATMENT IMPROVEMENT THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into as of this 28th day of July, 2015 ( "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 38 Technology Drive, Suite 100, Irvine, California 92618, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide professional engineering services for the Big Canyon Reservoir Flow Metering Vault and Treatment Improvement 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 June 30, 2017, 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. CSI 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 One Hundred Fifty Eight Thousand Four Hundred Three Dollars and 00/100 ($158,403.00), 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. Stantec Consulting Services, Inc. Page 2 6 -5 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 Robert Reid 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 the highest professional Stantec Consulting Services, Inc. Page 3 standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. 8.2 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 the highest professional standard. 8.3 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. 8.4 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 "), which may arise under this Agreement or in any manner 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. Stantec Consulting Services, Inc. Page 4 s -7 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 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 Stantec Consulting Services, Inc. Page 5 .: 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. 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. Stantec Consulting Services, Inc. Page 6 .• 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 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. Stantec Consulting Services, Inc. Page 7 s -10 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 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 bome 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 "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. Stantec Consulting Services, Inc. Page 8 s -11 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. 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 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: David A. Webb, Public Works Director 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: Robert Reid Stantec Consulting Services, Inc. 38 Technology Drive, Suite 100 Irvine. CA 92618 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. 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.). Stantec Consulting Services, Inc. Page 9 6 -12 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 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 Contractor 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 Contractor 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. 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. Stantec Consulting Services, Inc. Page 10 6 -13 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, 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. Stantec Consulting Services, Inc. Page 11 6 -14 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 !:367 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTO EY'S OFFICE Date: By: Aaron C. Harp (*m City Attorney ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Edward D Mayor Selich CONSULTANT: Stantec Consulting Services, Inc., a New York Corporation Date: Bv: Robert Reid Senior Associate [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 s -n Scope of Work The overall project scope of work will accomplish the followingtasks: • Preparation of construction plans, specifications, and estimates • Geotechnical engineering services • Design surveying services • Bid period support (when requested by the City) • Construction engineering support (when requested by the City) Task 1: Preparation of Construction Plans, Specifications and Estimates A. Project Kick -off, Data Gathering and Review We will meet with City staff to discuss the design parameters, project goals, lines of communication, planned scope ofwork, project schedule, site - specific conditions, and latest developments. We will obtain record drawings, planning documents, chemical treatment parameters, and other miscellaneous and applicable reports necessary to prepare the project documents. 8. Site Walk Stantec staff will perform a site walk to identify existing conditions that may affect the design and construction of the project. Stantec prefers that during the site walk, the City's engineering and operations staff should be present. C. Evaluate Existing Chemical Injection and Mixing System Stantec will evaluate the existing chemical injection and mixing system. At a minimum, this evaluation will include reviewing any existing reports analyzing the current conditions, the performance of the existing equipment, and history of maintenance issues. Vendors and company experts will be contacted to develop various mixing device options and operating scenarios. The best available options will be evaluated and a recommended solution will be presented to the City for consideration. D. Locating New 30 -inch MogMeter Vault Stantec will evaluate several locations along the existing 30 -inch effluent pipeline for the new vault. Each loca- tion will be evaluated in regards to location, size of vault, impacts to the existing site, and maintenance constraints. We will present the recommended location to the City for approval. E. Technical Design Memorandum We will prepare a Technical Design Memorandum (TDM) that will summarize the information developed above in creating the design criteria for the project. The TDM will be used as the basis for the preparation of the construction drawings and the technical specifications for proposed improvements. We will prepare a preliminary estimate of probable construction costs and an updated project schedule. Stantec will present recommendations as required to accommodate the new metering vault and mixing device. F. TDM Workshop We will meet with City staff to present and discuss the TDM. This is intended to be a workshop setting to provide immediate feedback, input, and any decision making required to proceed towards the 50% Design submittal. We will address all comments, provide responses, and make the appropriate revisions to the TDM. A final TDM will be prepared and copies will be submitted to the City along with the 50% Design submittal. G. Construction Plans, Specifications, and Estimates Stantec will prepare a complete set of construction plans, specifications, and estimate for the purpose of receiving competitive public bidding based on the approved solutions. Included in the set of plans will be the following: • Preparation of civil site plans based on the approved solutions • Preparation of the mechanical plans based on the approved solutions • Preparation of any required structural plans based on the approved solutions • Preparation of any required electrical plans based on the approved solutions Stantec will prepare detailed construction drawings in accordance with the City's AutoCAD drafting standards. Each plan sheet shall be on City standard 24 -inch x 36 -inch bond sheet. Design services shall include preparation of construction drawings showing plans, sections, and details of the project and all appurtenances and site improvements. See Table 1 on the following page for our list of anticipated preliminary drawings. We will prepare the special provisions based on the 2009 Greenbook and Construction Specifications Institute (CSI) format. Our effort for preparation of specifications includes the necessary specification sections for the City's pre- purchase of equipment. We assume the Citywill prepare the required "front end" portions of the pre- purchase documents. See Table 2 on the following page for our list of anticipated preliminary technical specifications. An opinion of probable construction costs will be prepared, which shall be the basis of the engineer's estimate stated in the bid documents. An estimate will be at the 90 percent level and updated for the final submittal. YrOpOSUI ro Services Wr B'.9 Convoy. ¢eser.on glow merenng vault UnU Ireatmem imfro' +emems 6 -18 List of Preliminary Drawings and Technical Specifications Table I No. List of Preliminary Drawings G -1 Title Sheet G -2 Sheet Index, List of Drawings, Legend G -3 General Notes C -1 Site Plan C -2 Vault Plan and Sections C -3 Details M -1 Demolition Plan and New Piping Layout M -2 Chemical Mixing Plan and Sections M -3 Chlorine Analyzer Plan and Details Miscellaneous Piping and Appurtenances Vault Mechanical Piping Plan and Sections M -4 M -5 Vault Stairway Plan and Sections M -6 Details S -1 Structural Notes S -2 Structural Notes S -3 Structural Notes Structural Typical Details S -4 Structural Typical Details S-5 S -6 Vault Plan and Sections S -7 Details S -8 Details Standard Electrical Symbols and E -1 Abbreviations E -2 Electrical Site Plan E -3 Electrical Details Table 2 Sect. List of Preliminary Technical Specifications 02050 Demolition 02220 Structural Earthwork 03300 Concrete 05125 Miscellaneous Metalwork 05310 Access Doors and Frames 07145 Water Proofing for Underground Structures 07990 Sealants and Caulking 09900 Painting and Coatings 11010 Mechanical Equipment 15070 Miscellaneous Piping and Appurtenances 15074 Hangers and Supports Miscellaneous Valves and Appurtenances 15120 15150 Meters 15800 Ventilation 16050 Electrical General Provisions A strong start is key to a successful project. We have already met with several key agency staff, initiated the research effort, and developed an initial work plan in an effort to generate positive momentum moving into this project. Proposal -+O P,ovitle Praresanai Enyin.�errng Serowe +'or 9,a Canion ee;or:.ou flow rnele'n, v.. i r o^in neo,.,....n i� rr:- vamx ^n p r -OR, H. Progress Submittals and Workshops During the design phase, we will submit interim progress submittals to the City for review and comment. Progress submittals shall include drawings and specifications and shall be submitted at the 50 percent and 90 percent completion levels. Six (6) full-size hard copies and electronic files will be provided for each submittal. At each progress submittal, we will conduct a workshop to present and discuss the contents of the submittal to expedite the review process. The 50 percent progress submittal will include drawings and specifications. Drawings will include, as a minimum, all major plans and sections and any pertinent details. Specifications will include a table of contents and major specification sections, substantially completed. The 90 percent progress submittal will include drawings, specifications, and an engineer's opinion of probable costs. All City comments from the 50 percent progress submittal will be addressed or resolved. Drawingsshall have all plans and section completed and all details substantially completed. Specifications will be completed with only minor coordination issues outstanding. The 90 percent progress submittal will include an engineer's opinion of probable construction costs presented on the contractor's bid proposal form with detailed backup documentation. The City anticipates a two -week review duration for each submittal. Stantec will meet to discuss City review com- ments for each submittal. 1. Final Submittal We will submit the final plans, specifications, and engineer's opinion of probable costs to the City for approval. Plans and specifications shall be stamped and signed by a professional engineer of the appropriate engineering discipline registered in the State of California. The final submittal will address or resolve all City comments from the 90 percent progress submittal. We will attend a meeting to gain the City's approval to explain or answer any remaining questions. Upon resolution of all City review comments, the final signed construction documents will be submitted to the City for approval. Final plans will consist of a Mylar Title Sheet and bond plots for the remaining sheets. Stantec will submit the final electronic files to the City on a compact disc containing all drawings in both AutoCAD and PDF file formats. J. Project Management We will be responsible for all project management activities, including coordination with City staff and design coordination with other engineering disciplines and subconsultants. K. City Meetings We will schedule and lead meetings with the City to ensure that any design, operation, and maintenance issues are addressed. Stantec will prepare meeting agendas and minutes with action items. Per the City's request, a total of eight (8) meetings have been budgeted under this task. Task 2: Geotechnical Engineering Services A. Subconsultont Our geotechnical subconsultant, Ninyo & Moore, will provide a geotechnical investigation report for the proposed magmeter vault, including all necessary geotechnical engineering services as required for the design to construct all proposed improvements. This task does not include material testing during construction. Task 3: Design Surveying Services A. Design We will provide design surveying services, as required, to facilitate the design for the construction of all proposed improvements. We estimate that one day of our survey crew will be necessary to verify existing conditions around the existing Control Building where the location of construction is proposed. It is assumed that the City will provide all available survey control and topographic data and other necessary information in the vicinity of the project site. Task 4: Bid Period Support (Optional - When Requested by the City) A. Bid Support We will be available to support the City during the contract bidding. B. Pre -Bid Meeting We will be available to attend one (1) contractor's pre -bid meeting and generate meeting notes for said meeting. C. Addenda We will be available to answer questions from prospective bidders and provide information and clarifications of bid documents to prospective bidders. Stantec will budget for the preparation of two (2) addenda, if so requested by the City. F'mpOSOI'o P pmtle Profess o Err a neering Seances for 6!a Za"Or Res ory[ID Fiow mtr, r, ng va„I, 1co ❑..In epl im rrov ?rneW, P &IR Task 5: Construction Engineering Support (Optional - When Requested by the City) A. Pre - Construction Meeting We will be available to attend one (1) pre - construction meeting and bi- weekly construction coordination meetings with the Contractor as directed by the City. Stantec will budget to attend a total of seven (7) construction related meetings. B. Review Drawings We will be available to review shop drawings and submittals. Stantec will budget for twenty (20) shop drawing reviews and six (6) resubmittals. This includes the pre - purchased equipment submittals as recommended. C. Construction Observation Stantec will be available to monitor construction progress, advise the City with respect to the contractor's general conformance to the construction documents, visit the project site, and make field recommendations. D. Construction Documents Revisions We will be available to make revisions to the construction documents and prepare delta revisions to be presented to the contractor. Stantec will budget for the preparation of two (2) delta revisions. E. Final Record Drawings We will be available to coordinate and prepare final record drawings ( "as- builts ") and verify accuracy of as -built plans. Task 6: Zone III Pump 1 and 4 VFD Replacement (Optional - When Requested by the City) We will engineer and design a variable frequency drive (VFD) replacements for Water Supply Zone III Pumps 1 and 4. The pumps utilize 300hp motors. The existing 18 pulse VFDs are manufactured by ABB. The existing ABB VFDs will be removed in their entirety, including their enclosures. The desired replacement VFDs are Toshiba Inc.'s model W7. The W7 will be an 18 pulse VFD to meet the requirements of IEEE standard 519, Recommended Practice and Requirements for Harmonic Control in Electric Power Systems. The drives will be pre - purchased by the City. The design approach will assume that the existing feeder conductors from the switchboard to the VFD and from the VFD to the pump motor are sufficiently long and do not need to be replaced. A note will be placed on the drawing requiring the Contractor to splice additional cable to the existing cable if they are not sufficiently long. The design approach will re- implement the control strategy for the existing VFDs. This control strategy is depicted on original construction drawing E -9. The design approach will assume that the existing pump control panel (PCP) will be replaced prior to the VFD replacement, as indicated by the City during the meeting on June 22, 2015 at the pump station. The reprogramming of the programmable logic controller (PLC) and human machine interface (HMI) software will not be in the scope of the subject project. Only the input /output (I /O) wiring between the VFD and PCP will be in the scope of the subject project. In completion of this work, Stantec will perform the following services: A. Review Existing Documentation and Photos We will obtain record drawings, planning documents, photos, and other miscellaneous and applicable reports necessary to prepare the project documents. B. Electrical Construction Plans, Specifications and Estimate We will prepare a complete set of electrical construction plans, specifications, and estimate for the purpose of receiving competitive public biddingbased on the approved solutions. Included in the set of plans will be the following: • Cover Sheet • Legend, Abbreviations and Notes • Site Plan • Building Plan • Single- LineDiagram - Demolition • Single -Line Diagram - New • Motor Control Schematic We will prepare detailed construction drawings in accordance with the City's AutoCAD drafting standards. Each plan sheet shall be on City standard 24 -inch x 36 -inch bond sheet. Pwa.f,I n�•mine cnp1OR?�V \y' >erv:c e'. t.I A.. C onv on aeaanen H.. Meg II 'I 0 'ia i.ilt ontl Oy .111 _111 imp, o. em ems 6 -21 We will prepare the special provisions based on the 2009 Greenbook and Construction Specifications Institute (CSI) format. Our effort for preparation of specifications includes the necessary specification sections for the City's pre - purchase of equipment. We assume the City will prepare the required "front end" portions of the pre- purchase documents. An opinion of probable construction costs will be prepared, which shall be the basis of the engineer's estimate stated in the bid documents. An estimate will be at the 80 percent level and updated for the final submittal. C. Progress Submittal and Workshop During the design phase, we will submit interim progress submittals to the City for review and comment. Progress submittals shall include drawings and specifications and shall be submitted at the 80 percent completion level. The 80 percent progress submittal will include drawings, specifications, and an engineer's opinion of probable costs. Six (6) full-size hard copies and electronic files will be provided for the submittal. In addition, we will conduct a workshop to present and discuss the contents of the submittal to expedite the review process. D. Final Submittal We will submit the final plans, specifications, and engineer's opinion of probable costs to the City for approval. Plans and specifications shall be stamped and signed by a professional electrical engineer registered in the State of California. The final submittal will address or resolve all City comments from the 80 percent progress submittal. Upon resolution of all City review comments, the final signed construction documents will be submitted to the City for approval. Final plans will consist of a Mylar Title Sheet and bond plots for the remaining sheets. Stantec will submit the final electronic files to the City on a compact disc containing all drawings in both AutoCAD and PDF file formats. E. Bid Period Support • We will be available to support the City during the contract bidding. • We will be available to attend one (1) contractor's pre -bid meeting and generate meeting notes for said meeting. • We will be available to answer questions from prospective bidders and provide information and clarifications of bid documents to prospective bidders. Stantec will budget for the preparation of one (1) addendum, if so requested by the City. F. Construction Engineering Support We will be available to attend one (1) pre - construction meeting with the Contractor as directed by the City. We will be available to review shop drawings and submittals. Stantec will budget for four (4) shop drawing reviews and two (2) resubmittals. This includes the pre - purchased equipment submittals as recommended. Stantec will be available to monitor construction progress, advise the City with respect to the contractor's general conformance to the construction documents, visit the project site, and make field recommendations. We will be available to make revisions to the construction documents and prepare delta revisions to be presented to the contractor. Stantec will budget for the preparation of one (1) delta revision. We will be available to coordinate and prepare final record drawings ( "as- builts ") and verify accuracy of as -built plans. Assumed City of Newport Beach Provided Services • City staff will be available to answer project- related questions and will facilitate coordination with the City's Operations staff. • City will provide supervised access to the site for verification of existing conditions. • City will make all City record drawings, reports and related materials available to Stantec. • City will provide a copy of the City's title block in AutoCAD format. • The City will reproduce bid sets and addenda for the bidders, and be responsible for advertisement and selling of the plans and specifications. In addition, the City will conduct the pre -bid meeting and bid opening. Proposal to P'ovlrle Frolenlemal Enalnaenna ter ncGs for Bin Canyon - eser,cn f low Me'ermo Vooll and Ireoln,enl Inipownnenrs 6-22 EXHIBIT B SCHEDULE OF BILLING RATES Task 1: Preparation of Construction Plans, Specifications, and Estimates A. Project Kick -off, Data Gathering and Review B. Site Walk C. Evaluate Existing Chemical Injection and Mixing System D. Locating New 30" MagMeter Vault E. Technical Design Memorandum F. Meeting to Discuss /Review City's Comments on TDM G. Prepare Final Technical Design Memorandum a. Prepare Construction Plans b. Prepare Specification Package c. Prepare Cost Estimates H. Progress Submittals a. 50 Percent Completion Level b. 90 Percent Completion Level I. Final Submittal J. Project Management K. Project Meetings (6) Subtotal Task 1: $98,194.00 Task 2: Geotechnical Engineering Services A. Provide Geotechnical Investigation Services and Report Subtotal Task 2: $12,682.00 Task 3: Design Survey Services A. Provide Site Design Survey Subtotal Task 3: $3,055.00 Stantec Consulting Services, Inc. Page B -1 6-23 OPTIONAL SERVICES (WHEN REQUESTED BY THE CITY) Task 4: Bid Period Support A. Support City during Bid Period B. Attend Pre -Bid Meeting and Prepare Minutes C. Answer Bidder's Questions and Prepare Addenda Subtotal Task 4: $5,113.00 Task 5: Construction Engineering Support A. Attend Pre - Construction Meeting and 6 Construction Meetings B. Review Shop Drawing Submittals C. Monitor Construction Progress, Advise City, Visit Site, Recommendations D. Make Revisions to Construction Documents E. Prepare Final Record Drawings Subtotal Task 5: $19,423.00 Task 6: Zone III Pump 1 and 4 VFD Replacement A. Review Existing Documentation and Photos B. Existing Documentation and Photos C. Prepare Specification Package D. Prepare Cost Estimates E. Project Meeting (1) F. Bid Support G. Construction Engineering Support Subtotal Task 6: $19,936.00 GRAND TOTAL: $158,403.00 Stantec Consulting Services, Inc. Page B -2 6-24 RATE SHEET STANTEC DESIGN Title and/or Name Hourly Rate Engineering Support/CADD Technician $110.00 Senior Electrical Designer $157.00 Electrical Engineer: Marty Armenta, PE, RCDD, LEED AP $174.00 Mixing & Chlorination: Ray Kruth $166.00 Design Engineer: Nancy Baker, PE $166.00 Project Engineer: Bob Seeman, PE $174.00 Project Manager: Robert Reid, PE $202.00 STANTEC SURVEYING Title and /or Name Hourly Rate Field Survey, Two Person Crew $245.00 Engineering / Survey Coordinator $157.00 Jim Steines, PLSSurvey Manager $174.00 Stantec Consulting Services, Inc. Page B -3 6 -25 E..10a 0 (3 st..toc "—"� 7`h 019 Calyon R-mol, R city 1-8-d mpwlcmcn, Prop-d Rudp<f and tabor Nl-flo- nd Ell L. E-WAID Exlt- 4 P19 9 9 io P'. 2 8 II 8 8 $7 1 2 4 7 7 S946 1145 �1 461461 4 9 �3 S142 n 1. !j2.1 $12 �2 A T. I Tll 1._ 1, IL Sc01<ul iam] 0 i 0 i 0 i I i I f! 1I p55 30 SO =lam tfelli h nimi IMM imni�1 j Lean 111.11 rDQ "IL -1 1 1 Ili. ICY OPTIONAL SEANCES K..UM 6I TIM LR P-� C 15 $2.610 WS swas A 1fi 4 4 12 32. 2" ns 5 33 j2 4 a 32 a 0 0 L -310 Cm F= FM-7 =1 = -M-1 Fn--1 F-Z-1 I-M7 M A IM emf LEM] LM LM-I MM LaJ F M I LM L-I LA =1 LEM! I ITC LMYr L 1= FTFI F-rF, IM IM IM M- Mr.2 MUM =a TIL 1. Sono 11:_p 2 4 7 11.M8 8 2 ig. 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 officers, agents, employees and volunteers. 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 -27 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 elected or appointed officers, agents, officials, employees and volunteers 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 and its officers, officials, employees, and agents 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 s -2s 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. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, 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 s -zs judgment may be necessary for its proper protection and prosecution of the Work. Stantec Consulting Services, Inc. Page C -4 6 -30