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HomeMy WebLinkAboutC-8141-1 - On-Call PSA for Traffic/Transportation Engineering ServicesADVANTEC 60 Because We Care November 13, 2020 Eric Loke, PE, TE Senior Civil Engineer City of Newport Beach Public Works Department, Bay 2D Newport Beach, CA 92660 SUBJECT: Professional Engineering Services for the City of Newport Beach 2020-2021 Traffic Signal Rehabilitation Project (Project No. 21T01) Dear Eric, ADVANTEC Consulting Engineers, Inc. (ADVANTEC) is pleased to present this scope of services to provide professional engineering services associated for the City of Newport Beach 2020-2021 Traffic Signal Rehabilitation Project (Project No. 21T01). ADVANTEC appreciates the opportunity to submit this letter proposal and looks forward to working with the City. Our scope of services, schedule and fees are detailed in Exhibit A. If you have questions, please feel free to contact me at the office (949) 861-4999, cell (714) 904-0067 or ]dorado@advantec-usa.com. Sincerely, ADVANTEC Consulting Engineers, Inc. I John Dorado, Project Manager City of Newport Beach JApproved By: I Date: 1200 Roosevelt • Irvine • CA 92620 • (949) 861-4999 • www.advantec-usa.com Traffic Signal Rehabilitation Project (FY 2020-21) November 13, 2020 City of Newport Beach Page 2 of 9 EXHIBIT A SCOPE OF SERVICES CITY OF NEWPORT BEACH 2020-2021 Traffic Signal Rehabilitation Project (Project No. 21T01) The scope of services is based on the request from City staff for ADVANTEC to provide professional engineering services for the City of Newport Beach 2020-2021 Traffic Signal Rehabilitation Project (Project No. 21T01). ADVANTEC will prepare plans, specifications, and estimates (PS&E) and construction engineering assistance for the traffic signal rehabilitation work at the following signalized intersections: 1. MacArthur Boulevard/Bonita Canyon Drive a. This plan was previously prepared by ADVANTEC and will be included in this plan set 2. Placentia Avenue/15th Street a. This plan was previously prepared by ADVANTEC and will be included in this plan set 3. Newport Coast Drive/San Joaquin Hills Road a. This is a new plan that ADVANTEC will prepare, and will be included in this plan set The project plans will also include a new titlesheet, three signal modification plan sheets, and one detail sheet with the typical traffic signal controller cabinet layout and CCTV camera installation — for a total of five sheets for the plan set. Project Description The proposed project improvements will consist of replacing existing traffic signal equipment, pedestrian push buttons to be in conformance with ADA requirements, installing detection loops, custom street name panels and internally illuminated street name sign (IISNS) assemblies, as needed. The following summarizes additional details regarding the rehabilitation improvements, our assessment of existing conditions, and assumptions for each project intersection: 1. MacArthur Boulevard/Bonita Canyon Drive a. Since this plan was prepared and updated in 2019, we will review and update this plan to ensure that it is up-to-date per existing conditions, and validate the proposed improvements 2. Placentia Avenue/15th Street a. Since this plan was prepared and updated in 2019, we will review and update this plan to ensure that it is up-to-date per existing conditions, and validate the proposed improvements Traffic Signal Rehabilitation Project (FY 2020-21) November 13, 2020 City of Newport Beach Page 3 of 9 3. Newport Coast Drive/San Joaquin Hills Road a. Rehabilitation includes new traffic signal equipment, such as: i. Signal heads, pedestrian heads, pedestrian push buttons, IISNS, and updated presence detection for bicycles, as needed a. Existing traffic signal poles and conduit will be assessed for replacement b. New traffic signal cabinet and controller c. New presence and advance detection for all approaches d. New Type II service enclosure, if necessary e. New battery backup system (BBS), if necessary f. Existing luminaires (LED) will be relocated, if necessary g. CCTV camera will remain in place h. Upgrade communications as needed i. Current signal phasing and lane geometry will remain at this location We will coordinate with City staff at the onset of the project to discuss project goals, objectives, constraints, requirements, and schedule with a clear path to success. Our project understanding, project management approach, quality assurance, and quality control methods ensure on -schedule on -budget project delivery with the highest quality of work for the following scope of services. Scope of Services Task 1 Project Management, Coordination, and Meetings ADVANTEC will provide Project Management activities through all the aspects of the project including project administration, monthly progress reports, invoices, and thorough quality control. ADVANTEC will prepare a detailed project schedule and prepare monthly progress reports. The monthly progress reports will include accomplished tasks for the month, anticipated progress for the next month, pending issues and schedule completion target dates. ADVANTEC will schedule and conduct a kick-off meeting with the City to discuss the overall project, planning and design objectives, constraints, requirements, schedule, develop action items, and understanding of next steps. ADVANTEC will schedule and conduct one progress meeting to ensure all City staff members and participants are aware of the project status, critical milestones and decision points including review of project schedules, planning activities, concepts, design, and specifications. ADVANTEC will prepare and distribute meeting agendas, meeting minutes, and an action item matrix to the project team for each meeting that is held. For this task, we propose to conduct the kick-off meeting and one additional meeting through video conferencing. In addition, ADVANTEC will setup bi-weekly check-in meetings to ensure project coordination and maintain schedule. Deliverables: Project management and coordination, kick-off meeting attendance, and one additional meeting including progress reports, project schedule updates, meeting agendas, meeting minutes, and action item matrices. Traffic Signal Rehabilitation Project (FY 2020-21) November 13, 2020 City of Newport Beach Page 4 of 9 Task 2 Data Collection and Field Review ADVANTEC will coordinate with City staff, collect, and review available data for use and reference at the project location. ADVANTEC will conduct a thorough field review of existing conditions at the project intersections that consists of, but not limited to the following: ✓ All roadway features including curb lines, property lines, edges of pavement, edges of paved sidewalks, curb returns, curb ramps, driveways and bus pads ✓ Signing and striping, street lighting, and power poles ✓ Traffic signal and associated equipment (e.g. controllers, controller cabinets, signal heads, pedestrian heads, pedestrian push buttons, detection, conduit sizes, poles, mast arms, luminaires, luminaire mast arms, conductors, detector lead-in cables, pull boxes, vaults, etc.) ✓ Communication type and associated equipment (e.g. Ethernet switches, fiber distribution units, splice closures, fiber optic cable, wireless radio and equipment, twist-pair/copper cable, termination blocks, etc.) ✓ Nearby underground utilities, cabinets, sub -structures, basements and vaults; and nearby aboveground structures (including bus shelters), aboveground cable and permanent street furniture ✓ Other field conditions that might affect a design decision ✓ ADA compliance and constraints including pedestrian ramps, pedestrian push button types and height from finished surface ✓ Photographs of each signalized intersection, traffic signal equipment and roadway features Our field review includes a complete review at Newport Coast Drive/San Joaquin Hills Road, and verification of existing conditions at MacArthur Boulevard/Bonita Canyon Drive and Placentia Avenue/15th Street. Upon completion of the above items, ADVANTEC will identify potential constraints that may be encountered in relation to the proposed improvements. This information will be used to prepare base mapping and proposed improvements for the project intersections. As part of this task, ADVANTEC will use this information and provide an inventory and assessment of existing conditions and recommended improvements for preparation of the traffic signal modification plans. Deliverables: Data collection inventory matrix, project survey, field review notes, photos, and an assessment of existing conditions in matrix format. Task 3 Utility Notification and Coordination Utility notification and coordination will be required to ensure quality design and help eliminate utility conflicts during construction. Utility notifications will be provided to the various utility owners within the sphere of the Project; the notifications will be prepared using the City's letterhead. ADVANTECwill request Traffic Signal Rehabilitation Project (FY 2020-21) November 13, 2020 City of Newport Beach Page 5 of 9 locations for existing and proposed underground and overhead utilities, including high risk utilities. The utility information provided by the agencies will be delineated on the plans based on their record drawings and our field review. The location of our proposed improvements will take into consideration of the existing utilities. In the event of any utility conflicts, ADVANTEC will coordinate the relocation of all utilities affected by the project; this may include any potholing by the affected utility company. Our goal is to relocate their facilities prior to the start of construction of the project improvements, if necessary. ADVANTEC will compile the information in a matrix format and include dates of notification, persons/utility notified, and responses from the utility companies. Letters will be sent to the utility companies requesting their review and verification of their facilities on the preliminary and final plans, and their concurrence with the information shown on the plan. Copies of this information will be updated periodically and provided to the City of Newport Beach at the scheduled project meetings and/or as the information has been received. ADVANTEC will conduct utility coordination throughout the design phase of the project. Deliverables: Utility Notification and coordination, and status matrix. Task 4 Traffic Signal Modification Plans ADVANTEC will prepare traffic signal modification plans for the project intersections in accordance with the 2010 Edition of the State of California Department of Transportation (Caltrans) Standard Specifications and Standard Plans, latest City -approved Standard Specifications for Public Works Construction and the latest City of Newport Beach Design Criteria, Standard Special Provisions and Standard Drawings, including supplements, and the latest California Manual on Uniform Traffic Control Devices (CAMUTCD). The traffic signal modification plans will include all improvements regarding the traffic signal rehabilitation as indicated in the project description including but not limited to, new Econolite Cobalt controllers, cabinets, vehicle detection, communications, and integration with the City's existing Centracs traffic signal management software, CCTV camera system, and ADA compliant pedestrian ramps, as necessary. It is assumed the traffic signal timing plans will remain unchanged. The traffic signal modification plans will include the specified border, title block, signature block, pole schedule, conductor schedule, general and construction notes, and any construction details necessary to facilitate recommended improvements for the traffic signal. The traffic signal modification plan will be prepared at 1"=20' scale in AutoCAD in accordance with the latest State, County, and City Standards. All plans will be prepared by a registered Civil Engineer in the State of California. All drawings will be transmitted electronically to the City in AutoCAD 2015 or later in 'Awg" file and ".pdf' file formats, and original signed and stamped plans upon completion of the project. The Traffic Signal Modification Plan Set will consist of the following five sheets: Traffic Signal Rehabilitation Project (FY 2020-21) November 13, 2020 City of Newport Beach Page 6 of 9 1. Titlesheet 2. MacArthur Boulevard/Bonita Canyon Drive a. This plan was previously prepared by ADVANTEC, and will be included in this plan set b. Although this plan was completed previously, we anticipate additional work, such as updates based on any changes from our field review, City review comments, and revisions 3. Placentia Avenue/15th Street a. This plan was previously prepared by ADVANTEC, and will be included in this plan set b. Although this plan was completed previously, we anticipate additional work, such as updates based on any changes from our field review, City review comments, and revisions 4. Newport Coast Drive/San Joaquin Hills Road 5. Detail Sheet: Traffic Signal Controller Cabinet Layout, and CCTV Camera installation Deliverables: Traffic Signal Modification Plan Set (Five Sheets) Submittals will be provided at 90%, 100% and Final Task 5 Technical Specifications (OPTIONAL) ADVANTEC will assist with the preparation of the project Technical Specifications and Bid Documents for the 2020-2021 Traffic Signal Modification Project. It is assumed that the City of Newport will prepare the Technical Specifications and Bid Documents (similar to previous projects) and ADVANTEC will provide an overview and comment or update as needed to meet the project needs. All documentation and associated improvements will be based on the 2010 edition of the State of California Department of Transportation (Caltrans) Standard Specifications and Standard Plans, latest City - approved Standard Specifications for Public Works Construction and the latest City of Newport Beach Design Criteria, Standard Special Provisions and Standard Drawings, and the California Manual on Uniform Traffic Control Devices (CAMUTCD). Deliverables: Technical specifications. Submittals will be provided at 90%, 100% and Final. Task 6 Engineers Estimates (OPTIONAL) ADVANTEC will prepare construction quantity take -offs and construction cost estimates for the 2020-2021 Traffic Signal Modification Project improvements. The unit costs will be based on current cost data. Preliminary and final quantities and construction cost estimates will be provided to the City. All written documents will be transmitted to the City, in the City's latest adopted version of Microsoft Word and Excel. Traffic Signal Rehabilitation Project (FY 2020-21) November 13, 2020 City of Newport Beach Page 7 of 9 Deliverables: Construction Quantity Take -offs and Construction Cost Estimates. Submittals will be provided at 90%, 100% and Final. Task 7 Construction Engineering Assistance (OPTIONAL) ADVANTEC will provide construction engineering assistance for the construction plans and specification interpretation and consultation during the bidding and construction phases of the project, including the following: ✓ Review and respond to shop drawing submittal for conformity with the plans and specifications. ✓ Provide assistance when requested, with general monitoring construction progress, advising as to the contractor's general conformance to drawings and specifications. ✓ Review and respond to request for information (RFI) or and contract change orders (CCO's) from the City or Contractor ✓ Review design change request and prepare new design plans as needed. Maintain a documentation of all changes (either clouded or clearly described) to approved plan set (e.g. delta revisions) Our fees under this task are $400, and will be based in a time and materials. Additional work and fees will be based on the review and approval of City. Deliverables: Construction engineering assistance, respond to RFI's and CCO's, provide construction assistance (as requested), and document design changes (as necessary). Proposed Personnel The following summarizes the position and names of the individuals assigned to perform these services: • Project Manager: John Dorado, PE • Project Director, QA/QC: Carlos Ortiz, PE, TE, PTOE • Support Staff o Madeleine Ortiz o Nicholas Park Schedule Based on our notice to proceed, ADVANTEC will coordinate with City staff to determine our project kick- off date and ADVANTEC will provide a preliminary schedule for review at the project kick-off meeting. We anticipate our final PS&E to be complete by February 2021. Traffic Signal Rehabilitation Project (FY 2020-21) City of Newport Beach Page 8 of 9 November 13, 2020 Fee Proposal ADVANTEC is providing the following fee proposal to perform the services outlined in the scope of work. We will not exceed the budgeted amount without your written authorization. OPTIONAL TASKS Task Project Project Project Assistant Total Cost 5 Technical Specifications Director/ Manager Engineer Engineer Other $400 6 Engineer's Estimates CW/AC 2 2 6 Direct Total $1,320 7 Construction Engineering lAssistance 2 Costs Hours Total Cost Task/ Carlos John Madeleine Nicholas 6 14 Subtask Description Ortiz Dorado Ortiz Park Project Management and 1 Meetings 6 6 $1,200 2 Data Collection and Field Review 6 8 $60 14 $1,720 Utility Notification and 3 Coordination 2 4 6 $700 Traffic Signal Modification Plans (5 Sheets Total - 1 Titlesheet, 1 New Signal Mod Plan, Add 2 MacArthur at Bonita Canyon and Placentia at 15th Signal Mod 4 Plans, and 1 Detail Sheet) 8 24 56 1 $250 1 88 $11,130 Total Hours 20 34 74 1 1 128 Total Cost $ - $ 4,000 $ 4,420 1 $ 8,140 $310 1 $14,750 Note: Other Direct Costs includes mileage and printing fees per task, as shown. TOTAL FEE (Not -To -Exceed) $14,750 OPTIONAL TASKS Task Description Hours Other Direct Costs Total Hours Total Cost 5 Technical Specifications 2 - - $ 2 $400 6 Engineer's Estimates 2 2 6 $ 10 $1,320 7 Construction Engineering lAssistance 2 $ 2 $400 Total Hoursi 6 2 6 14 TOTAL FEE (Not -To -Exceed) $2,120 Exclusions Consulting services relating to any of the following tasks may be completed by ADVANTEC if negotiated under a separate contract for an additional fee; but are presently excluded from this Agreement: Providing as -built plans Fees from utility companies to review requests Traffic Signal Rehabilitation Project (FY 2020-21) City of Newport Beach Page 9 of 9 ■ Topographic survey ■ Utility potholing ■ Traffic signal communication design ■ Signal timing analysis ■ Signal coordination analysis November 13, 2020 l s AMENDMENT NO. ONE TO v ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH ADVANTEC CONSULTING ENGINEERS, INC. FOR TRAFFIC/TRANSPORTATION ENGINEERING SERVICES THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 30th day of June, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and ADVANTEC CONSULTING ENGINEERS, INC., a California corporation ("Consultant"), whose address is 1200 Roosevelt, Irvine, CA 92620, and is made with reference to the following: RECITALS A. On July 1, 2016, City and Consultant engaged into a Professional Services Agreement ("Agreement") to provide comprehensive professional traffic and/or transportation engineering services on an on-call/as needed basis ("Project"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to June 30, 2021. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2021, unless terminated earlier as set forth herein." 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Advantec Consulting Engineers, Inc. Page 1 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: t.(.•� Aaron C. Harp M M t City Attorney ATTEST: Date: �S / By: 4, Lei ni I. own 4__ Citi Cler CITY OF NEWPORT BEACH, a California municipal corporation Date: 7-z&--Iq By: Grac . Leung City nager CONSULTANT: Advantec Consulting Engineers, Inc., a California corporation Date: By: Signed in Counterpart Leo Lee Chief Executive Officer Date: Officer/Chief Financial Signed in Counterpart Carlos Ortiz Secretary [END OF SIGNATURES] Advantec Consulting Engineers, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT0117/2,00 NEY'S OFFICE Date: If By: 1. Aaron C. Harp M M l City Attorney ATTEST: Date: LIM Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONSULTANT: Engineers, Inca Date: /-)., 7 �/ 0 Dz :E Advantec Consulting yalifornia corporation LEjo Lee Chief Executive' Officer/Chief Financial Officer / Secretary [END OF SIGNATURES] Advantec Consulting Engineers, Inc. Page 2 Zr_ U ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH ADVANTEC CONSULTING ENGINEERS, INC. FOR TRAFFIC/TRANSPORTATION ENGINEERING SERVICES THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 1st day of July, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City'), and ADVANTEC CONSULTING ENGINEERS, INC., a California corporation ("Consultant'), whose address is 1200 Roosevelt, Irvine, CA 92620, 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 comprehensive professional traffic and/or transportation engineering services on an on-call/as-needed basis (`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, 2019, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: 2. 1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 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 and the Letter Proposal. 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 and the Letter Proposal, 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 Letter Proposal 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 Twenty Thousand Dollars and 001100 ($120,000.00), 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. ADVANTEC Consulting Engineers, Inc. Page 2 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 and the Letter Proposal or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not 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 and the Letter Proposal. 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 John Dorado 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. ADVANTEC Consulting Engineers, Inc. Page 3 r�ar116�*l06UN&IW14r111*' To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the 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, ADVANTEC Consulting Engineers, Inc. Page 4 anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any 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. ADVANTEC Consulting Engineers, Inc. Page 5 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership orjoint-venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. 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 ADVANTEC Consulting Engineers, Inc. Page 6 compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability 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 ADVANTEC Consulting Engineers, Inc. Page 7 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 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 ADVANTEC Consulting Engineers, Inc. Page 8 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"), 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. 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: John Dorado ADVANTEC Consulting Engineers, Inc. 1200 Roosevelt Irvine, CA 92620 ADVANTEC Consulting Engineers, Inc. Page 9 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.). 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. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 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. ADVANTEC Consulting Engineers, Inc. Page 10 29.3 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. 29.4 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. 29.5 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. 29.6 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. 29.7 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. 29.8 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. 29.9 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. 29.10 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. 29.11 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. 29.12 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] ADVANTEC Consulting Engineers, Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RNEY'S OFFICE Date: I I By: a%'�v Aaron C. Harp K�j6 City Attorney ATTEST: Date: / By: 4 4��"V Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By:�� >, Dave Xiff City Manager CONSULTANT: ADVANTEC Consulting Engineers, Inc., a California corporation Date: Bv: Signed in Counterpart Leo Lee President Date: Signed in Counterpart By: Edward Miller, Jr. Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements ADVANTEC Consulting Engineers, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTOgNEY'S OFFICE a California municipal corporation Date: 711 I10 Date: �_/ 1 l V�' V�-----vi / By: Aaron C. Harp r, 1� Dave Kiff City Attorney City Manager ATTEST: CONSULTANT: ADVANTEC Consulting Date: Engineers, Inc., a California corporation Date: —,7 By: By: Leilani I. Brown Leo Lee City Clerk President Date: Edward Miller, Secretary �e [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements ADVANTEC Consulting Engineers, Inc. Page 12 EXHIBIT A SCOPE OF SERVICES ON-CALL PROFESSIONAL TRAFFIC ENGINEERING SERVICES The following is a list of professional traffic engineering services that may be required: • Provide full plans, specifications, and estimates for Traffic/Transportation engineering projects; • Prepare traffic review and calming studies; • Review traffic signal timing/prepare traffic signal timing/signal coordination plans; • Prepare conceptual design plans/exhibits; • Provide cost estimating and value engineering services; • Provide bid support and preparation of record drawings; and • Other engineering -related tasks, as necessary ADVANTEC Consulting Engineers, Inc. Page A-1 EXHIBIT B SCHEDULE OF BILLING RATES Advantec Consulting Engineers OFFICE PERSONNEL _$ / hr. Project Director III.......................................................................................260.00 Project Director II........................................................................................220.00 Project Manager VI.....................................................................................200.00 ProjectManager V..................................................................................... 180.00 Engineer / Planner VIII................................................................................165.00 Engineer/ Planner VII.................................................................................150.00 Engineer/ Planner VI................................................................................. 135.00 Engineer/ Planner V...................................................................................120.00 Engineer/ Planner IV..................................................................................110.00 Engineer/ Planner III...................................................................................100.00 Engineer/ Planner II..................................................................................... 95.00 Assistant Engineer I..................................................................................... 75.00 TechnicianIII................................................................................................ 95.00 TechnicianII................................................................................................. 80.00 TechnicianI.................................................................................................. 65.00 AdministrativeII............................................................................................90.00 AdministrativeI............................................................................................. 75.00 Direct Costs Mileage IRS Current Rate In House Plotting (Mylar) $20.00 per D -size sheet In House Plotting (Bond) $10.00 per D -size sheet Other Direct Costs At Cost + 10% admin ADVANTEC Consulting Engineers, Inc. Page B-1 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 ADVANTEC Consulting Engineers, 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 ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, 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: ADVANTEC Consulting Engineers, 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. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. 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. ADVANTEC Consulting Engineers, Inc. Page C-3 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 judgment may be necessary for its proper protection and prosecution of the Work. ADVANTEC Consulting Engineers, Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 7/25/16 Dept./Contact Received From: Raymund Date Completed: 7/28/16 Sent to: Raymund By: Carol/Alicia Company/Person required to have certificate: Advantec Consulting Engineering Inc Type of contract: I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11/12/15 to 11/12/16 A. INSURANCE COMPANY: Travelers Indemnity of Conn B. AM BEST RATING (A-: VII or greater): A++; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000,000/$4,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) N/A include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) E Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: ❑ N/A Operations status does not apply to Waste Haulers) E Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? E Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? E Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes E No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): E N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A E Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 11/12/15 to 11/12/16Co A. INSURANCE COMPANY: Travelers Property Casualty Co of America B. AM BEST RATING (A-: VII or greater) A++; XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? E Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): E N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes E No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 11/12/15 to 11/12/16 A. INSURANCE COMPANY: Mid Century Insurance Company B. AM BEST RATING (A-: VII or greater): A; XV C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) $1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY 11011111111111 go] I1IIIIIIIl111L9P►14F-1AIN 111 rd V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach 7/28/16 Date ❑ N/A ® Yes ❑ No ® N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No �4 0 RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management Date * Subject to the terms of the contract.