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
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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.