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HomeMy WebLinkAbout09 - Irvine Avenue Pavement Rehabilitation Project�EWPR CITY OF T - z NEWPORT BEACH <,FoR�P City Council Staff Report August 8, 2017 Agenda Item No. 9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Frank Tran, Civil Engineer, ftran@newportbeachca.gov PHONE: 949-644-3340 TITLE: Irvine Avenue Pavement Rehabilitation Project — Approval of Professional Services Agreement with Stantec Consulting Services, Inc. (17R21) ABSTRACT: As part of the City's Pavement Management Program, Irvine Avenue from 16th Street to Santiago Drive is scheduled to be rehabilitated in Fiscal Year 2017-2018. Staff issued a Request for Proposal for professional engineering services to prepare construction documents for this project and is requesting City Council's approval to enter into a Professional Services Agreement with Stantec Consulting Services, Inc. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve a Professional Services Agreement with Stantec Consulting Services, Inc. of Irvine, California, for the Irvine Avenue Pavement Rehabilitation project at a not -to - exceed price of $198,188.00, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The adopted budget includes sufficient funding for this task. It will be expensed to the Gas Tax Fund account in the Capital Improvements Program budget, Account No. 12101- 980000-17R21. 9-1 Irvine Avenue Pavement Rehabilitation Project — Approval of Professional Services Agreement with Stantec Consulting Services, Inc. (17R21) August 8, 2017 Page 2 DISCUSSION: As part of the City's Pavement Management Program, Irvine Avenue from 16th Street to Santiago Drive is scheduled to be rehabilitated in Fiscal Year 2017-2018. Proposed improvements involve rehabilitating the asphalt pavement, reconstructing deteriorated concrete sidewalks, driveway approaches, curbs and gutters, and curb ramps, adjusting utility boxes to grade, installing street signs and restriping the pavement. On December 13, 2016, staff requested proposals from three consulting firms to provide professional engineering services for this project. Three proposals were received from the following firms: 1. Stantec Consulting Services, Inc. (284/300 points) 2. Civil Works Engineers, Inc. (282/300 points) 3. CNC Engineering (267/300 points) The City's proposal review team consisted of three staff members from the Public Works Department. Using the qualification -based selection process, the proposals were evaluated by the review team independently. Proposal evaluations were based on the consultant's project understanding, experience, qualifications, planning, approach, ideas and projected level of effort. While all three firms appear to meet the minimum qualifications as required in accordance with the proposal, Stantec Consulting Services, Inc. was selected by the review team as the most qualified and responsive firm for this project. Stantec Consulting Services, Inc. has also successfully completed similar pavement rehabilitation projects for other local agencies including the City of Newport Beach. The proposed Scope of Work includes research and data collection, utility coordination, topographic survey, geotechnical investigation, preparation of final construction plans, specifications and construction cost estimates, and construction support services. The southbound side of Irvine Avenue from Baycrest Drive to 16th Street is within the City of Costa Mesa. Staff has been coordinating with City of Costa Mesa staff in efforts to administer one joint project to minimize public inconvenience and to reduce project costs. The two cities will each fund their fair share for the design and construction of this project. A cooperative agreement will be prepared to identify roles and responsibilities for each city. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 9-2 Irvine Avenue Pavement Rehabilitation Project — Approval of Professional Services Agreement with Stantec Consulting Services, Inc. (17R21) August 8, 2017 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B — Professional Services Agreement 9-3 I - LIMITS OF WORK IRVINE AVENUE PAVEMENT REHABILITATION LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-8175-1 8/8/2017 ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES INC. FOR IRVINE AVENUE PAVEMENT REHABILITATION PROJECT (16TH STREET TO SANTIAGO DRIVE) THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 8th day of August, 2017 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES INC., a New York Corporation ("Consultant"), whose address is 46 Discovery, Suite 250, Irvine, California 92618, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide engineering services for the Irvine Avenue Pavement Rehabilitation Project (16th Street to Santiago Drive) ("Project"). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2019, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 9-5 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Ninety Eight Thousand One Hundred Eighty Eight Dollars and 00/100 ($198,188.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. Stantec Consulting Services Inc. Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Jeff Wilkerson, PE to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably Stantec Consulting Services Inc. Page 3 9-7 competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR 10.1 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 Stantec Consulting Services Inc. Page 4 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. 10.2 Consultant agrees and acknowledges that no individual performing Services pursuant to this Agreement shall: work full-time for more than six (6) months; work regular part-time service of at least twenty (20) hours per week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS member 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be Stantec Consulting Services Inc. Page 5 • construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 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 Stantec Consulting Services Inc. Page 6 9-10 shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 17.4 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting ("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. Stantec Consulting Services Inc. Page 7 9-11 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 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 Stantec Consulting Services Inc. Page 8 9-12 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: 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: Jeff Wilkerson, PE Stantec Consulting Services Inc. 46 Discovery, Suite 250 Irvine, CA 92618 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 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 Stantec Consulting Services Inc. Page 9 9-13 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. 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. Stantec Consulting Services Inc. Page 10 9-14 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] Stantec Consulting Services Inc. Page 11 9-15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: __-3-A /A 7- By- Aaro. ' - Harp CA orney ATTEST: Date: By: Leilani I. Brown City Clerk VkW 7.31-1 CITY OF NEWPORT BEACH, a California municipal corporation Date- By- Kevin ate: By:Kevin Muldoon Mayor CONSULTANT: Stantec Consulting Services Inc., a New York Corporation Date: By: Mohammad Heiat Principal [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B -- Schedule of Billing Rates Exhibit C — Insurance Requirements Stantec Consulting Services Inc. Page 12 9-16 EXHIBIT A SCOPE OF SERVICES Stantec Consulting Services Inc. Page A-1 9-17 Exhibit A Scope of Services We will ask the utility companies to confirm the location of their existing facilities, identify any missing facilities or improvements that are currently being planned, Task A -Research, Data Collection, and and confirm that the preliminary utility relocations or Field Review adjustments shown are acceptable. We will research and obtain available as -built record street drawings, utility plans, preliminary engineering reports, and record survey drawings for the project from both Cities. We will also perform a field review of the site to evaluate the following: Condition of the existing roadway improvements Identify any noteworthy features Determine the location of any damaged, raised, or sunken curbs gutters, driveways, sidewalks, and other concrete improvements within the public right of way that need to be constructed, repaired, or brought up to current ADA standards Prior to the field review, we will coordinate with each City to determine the extent of repairs and ADA improvements they typically address on similar projects and whether specific criteria should be used to determine whether a repair is necessary. During the field walk, we will take digital photos and document the location of all potential repair locations and any other issues requiring special attention. Task B - Utility Coordination Thorough utility coordination is essential for the success of this important roadway improvement project. We understand that you will distribute the first utility request notices to utility companies in the project area and will forward the utility contacts and any utility maps or atlases received to us. We will organize this information in a utility coordination matrix that will be updated throughout the project. We will coordinate with the respective utility companies to confirm ownership, location and depth of facilities, and resolve any conflicts with the new improvements. We will lead efforts to identify ownership of unknown utility lines or appurtenances, determine any utility facilities that may interfere with proposed construction, and coordinate the relocation or adjustment of all utilities impacted by the new construction. We anticipate distributing two notices to the utility companies for this project. The initial notice will include the 50% improvement plans showing the location of all known utilities and any preliminary utility relocations or adjustments identified. We will incorporate any comments received into the 90% and 100% final plans and then distribute the utility companies the final notice for their review and approval. We will then obtain written confirmation from each utility company that all comments have been addressed and the plans are acceptable. Task C - Design Surveying We will establish horizontal and vertical survey control and perform a field topographic survey to document the existing site topography and planimetrics within the area of proposed improvements. The design survey will include cross sections at 50 -foot intervals (right of way to right of way) along Irvine Avenue between E. 18th Street and Santiago Drive/22nd Street (approximately 8,000 feet) to locate visible surface improvements and surface utilities within the project limits. The design survey will also extend approximately 150' to the north at Holiday Road to be used for the design of the missing curb and gutter along this street. The limits of the design survey at all other intersections will be to the BCR/ ECR of the intersecting street. This tasks also includes additional design survey at five driveway locations, which we are assuming are damaged and need to be reconstructed to be ADA compliant. The additional design survey will include all private property improvements within 15-20 feet behind each damaged driveway. As part of the field survey, we will observe monuments to retrace the centerlines and rights of way of Irvine Avenue and all cross streets within the project limits. We will incorporate the results into a base map illustrating existing right-of-way conditions. This will not be afull and complete boundary survey of the adjacent land parcels. Survey monuments located and indicated on the survey will be limited to existing centerline monuments found along Irvine Avenue. We assume that Corner Records will be filed by the contractor as required by the Special Provisions. R :M Task D - Pavement Report Task D.l - In -Place Deflection Testing and Analysis Non-destructive pavement deflection (CA 356) data will be gathered from each existing traveled lane at maximum 200' testing intervals, using the JILS Falling Weight Deflectometer, imposing a series of 9,000 pound loads per California Test Method 356. Data obtained will include 10 sensor readings recorded within the deflection basin at each test point. Pavement deflection sensors are generally spaced 6" to 12" on center, defining the specific pavement deflection basin under loading. During deflection testing operations, notes of visual pavement conditions and/or distress, cross streets, presence or absence of curb and gutter, and other such observations shall be logged. Correlating data will include pavement temperature and GPS documentation at each test location. Data analysis will provide a typed tabulation of all deflection measurements and field notes locating cross streets, pertinent landmarks, field conditions, etc shall be included within the final report. The tabulation shall include the reading of all sensors, as well as an equivalent Traveling Deflectometer deflection at the loading point. An engineering review of test data to isolate or separate limits of similar deflection response for statistical summary of data (providing the 80th percentile deflection) will be performed. Falling Weight Deflectometer testing equipment. operator, and recorder will be provided by LMI. Professional Traffic Control will be provided per WATCH standards. Task D.2 - Pavement Coring and Soil Boring Pavement coring of the in-situ roadway materials will be performed to determine pavement thicknesses and obtain samples of the asphalt concrete, aggregate base (if present), and subgrade materials for further analysis. A total of 14 pavement coring and subsurface sampling locations will be performed at pre -selected locations to determine the thickness of the existing structural section including but not limited to asphalt concrete layer(s), buried Portland cement concrete layer(s) if any, and aggregate base layer, if any. Borings extend to a maximum four (4') foot depth from finish surface. Underground Service Alert (USA Dig -Alert) will be notified and a meeting held, if requested, with concerned utilities to relocate test sites as necessary. Sample locations will be backfilled and patched with asphalt concrete, per City requirements. Professional Traffic Control will be provided per WATCH standards. >' [ 1�I'"" I � - , -ia ln_: Task D.3 - Ground Penetrating Radar (GPR) AC Thickness Scanning GPR will be used to provide additional asphalt concrete thickness information for Irvine Avenue without the need to increase the proposed pavement coring (needed for deflection testing and laboratory testing). This is a substantial cost saving to the City while providing greater information to our engineering staff. Thee measured pavement thickness shall be mapped per travel lane by depth and location and provided onto aerial imagery. Ground Penetrating Radar shall gather the in-situ asphalt concrete pavement layer, up to 24 -inch depth in a continuous path testing over 3-5 times per linear foot. D.4 - Laboratory Testing Subgrade soil samples taken in the field will be identified, labeled, and measured during the sampling process. Samples will be transported back to LMI's Caltrans certified soils and asphalt laboratory. • Subgrade soil samples taken in the field will be visually classified and the in-situ moisture content (CA 226) will be determined per location. • Representative sample(s) will be selected and tested for R -Value (soil strength) determinations (CA 301) on the subgrade. • Representative samples obtained shall tested for Water Soluble (SO4)' and soil fertility testing within the planned widening. Test results shall be provided within the final report for design purposes. This task has been proposed as an optional add item. • Data developed during R -value testing will be utilized to project probable field support conditions during construction and highlight where appropriate special care may be required during roadway preparation. • Evaluation of the present pavement thicknesses utilizing component analysis with Rvalue strength data will be combined with future traffic estimates (Traffic Index provided by Client) for design and development of suitable, alterative replacement sections. Task D.5 - Visual Site Evaluations Our registered Civil Engineer will perform a site evaluation of all asphalt concrete segments. Pavement conditions will be recorded for the purposes of compiling the recommendation plan(s) and report. Compare field conditions with measured pavement strengths determined during deflection testing. Compare field conditions with thickness data obtained during core sampling. Compare field conditions with component analysis based on laboratory subgrade strength testing. 9-19 Task D.6 - Structural Design Alternatives Our registered Civil Engineer will supervise all operations and incorporate results of deflection and materials testing with observed pavement conditions. Engineered recommendations for alternate methods of pavement rehabilitation for the lane(s) studied based upon deflection analysis in conjunction with the proposed materials investigation shall be provided. Where sustainable/ innovative pavement solutions are considered, Full Depth Reclamation (FDR) or Cold In Place Recycling (CIR) will be explored within the final report. Task D.7 - Final Report Our registered Civil Engineer will prepare the final pavement structural investigation report. The deliverables will include all data developed during the investigation with design rehabilitation alternatives; structural replacement sections for areas of reconstruction, inplace strength testing data, and field and laboratory test data. All services will be supervised by the Civil Engineer specializing in evaluating and designing pavement systems and registered in California. The report will also include all recommended pavement "dig -out" locations identified as part of our field inventory. Task E - Base Mapping We will download and compile the field survey data to create a topographic map of the project limits, including: • Surface features (curb and gutter, pavement, sidewalk, curb ramps, driveways, striping, trees) • Visible surface utilities (manholes, water valves, fire hydrants, catch basins, utility boxes, utility poles, overhead utilities, guy wires, vaults) • Mapping information (centerlines and right-of-way lines) • Contours generated at 1 -foot intervals We will use available agency research, prior surveys, and assessor parcel maps in conjunction with the monuments found during the field survey to prepare the mapping information shown on the base map. The base map will also include any known underground utility lines within the project limits, which will be plotted based on the record drawings and atlases received from the utility companies and any utility information found in record drawings during our research. The deliverable will include a digital CAD drawing containing the resulting data. • r .Or I.,,Ihn. I iS. _ _ P Task F - Construction Documents After completing background research, base mapping, and field review, we will prepare the following plans and supporting documents to you. We will submit the plans, cost estimate, and design sections at every design stage; and the special provisions with the 90% and 100% final design submittals. Task F.1 - Title Sheet, Construction Notes, Typical Cross Sections, and Details The PS&E will include a single plan set incorporating a title sheet, using your standard format and including general notes, a vicinity map, and additional project specific information. The second sheet will show all construction and disposition notes used and the sheet index for the plans. The plan set will also include sheets for typical roadway sections, standard details, and larger scale design details for improvements such as curb ramps, cross gutters, and driveways. We will include these design details in the plan set, as necessary, to provide additional information to the contractor. They will supplement the standard details and standard plans and will likely not be required for most new improvements. Task F.2 - Roadway Improvement Plans We will prepare roadway plans in CADD, under both City's logos, and in accordance with each City's design standards. Each sheet will contain a north arrow, scale, match lines, and construction and disposition notes for all improvements shown on the sheet. The profile views will show the existing and proposed profiles for the crown lines and tops of curb or edges of pavement. The plan sheets will be prepared using AutoCAD at a 1" = 40' horizontal scale for the plan views. Profile sheets will be prepared, if needed, at 1" = 40' horizontal scale and 1" = 4' vertical scale. The roadway plans will include: • Removals • Pavement rehabilitation improvements, including lowering the center of the roadway to reduce the steep cross -fall if feasible • Locations for new and reconstructed curbs, gutters, sidewalks, driveways, alley intersections, cross gutters and curb ramps • Utility adjustments or relocations 9-20 We have assumed that five damaged driveways will be reconstructed to be ADA compliant. New construction for these driveways will extend into private property. All other non-compliant driveway approaches will only be reconstructed if the parkway width is wide enough to accommodate the new driveway entirely within the public right of way without impacting private property improvements. At Holiday Road, new sidewalk will be constructed where it is currently missing at the northeast corner and the bulb out will be removed and curb and gutter extended at the southeast corner. Curb and gutter at other locations will be reconstructed to correct local ponding areas and the plans will provide utility relocations and sidewalk pop -outs, if necessary, to provide a clear path of travel along the sidewalk. The plans will clearly show both Cities' boundaries and the construction notes will reference the appropriate City standard plans, depending on which City the new improvement is located in. The Standard Plans for Public Work Construction (SPPWC) and the Caltrans Standard Plans will be used to supplement both City standard plans. The roadway plans will also include all horizontal control required to stake and construction the new improvements. Task F,3 - Intersection Grid Details Intersection grid details may be needed, depending on the selected pavement rehabilitation. These plans are primarily used for control during paving operations if proper control cannot be shown on the plan and profile sheets. Grid details will show the proposed improvements, including elevations, surface culture and underground utilities, at a scale of 1" = 20'. They are anticipated at the four-way intersections only (eight total). We assume that proper control can be established on the plan and profile sheets at the three-way (T) intersections. Task F,4 - Signing and Striping Plans We will include signing, striping, and loop replacement for Irvine Avenue and intersecting side streets in the improvement plan set. These plans will reinstall existing roadway striping and pavement markings along Irvine Avenue from 16th Street to 22nd Street/Santiago Drive. We will prepare signing and striping plans to implement the project improvements using AutoCAD, at 1" = 40' scale, "double stacked" with two horizontal layout strips placed on each plan, in accordance with each City's standards. The signing and striping plans will show removal of any existing striping and pavement markings not obliterated by pavement rehabilitation and conflicting with re -installing new striping and pavement markings. Traffic signs will be replaced or upgraded, if necessary. The traffic sign work will be based on an inventory of existing signs and an assessment of new project signage requirements, if any. Where appropriate, existing signs within the project limits may be upgraded to meet current California Manual on Uniform Traffic Control (CA MUTCD) requirements. The plans will include repainting of existing red curb markings. During field review, it was noted that existing curb markings were not adhering well to existing curb faces. The plans and/or project specifications will include information/instructions to the contractor to improve adhesion of repainted red curb markings. The signing and striping plans will also include the restoration of traffic signal loops destroyed by implementation of street rehabilitation improvements. Existing traffic signal loops will be replaced at the following signalized locations along Irvine Avenue within the project limits: • 22nd Street/Santiago Drive • Highland Drive • 19th Street/Dover Drive • Mariners Elementary School pedestrian crossing • 17th Street/Westcliff Drive New replacement loops will be connected to existing detector lead-in cable (DLC) in existing adjacent pull boxes. Task F.5 - Roadway Design Sections We will build a three-dimensional model of the existing and new roadway improvements in Civil 3D and plot design sections from this model. They will show the existing surface, proposed surface, proposed pavement section materials and thickness, the existing and proposed top of curb and pavement elevations, and the existing and proposed cross slopes. The design sections will help us identify, as well as allow LIS to correct, typical roadway design issues, such as flat or excessively steep cross slopes, proper pavement transitions, and areas where we may be significantly reducing the cover over existing utilities. Since the design sections will be linked to the design model, they will consistently be up to date. 9-21 Task F.6 - Special Provisions Well written special provisions reduce the potential for change orders during construction. We will prepare the project provisions based on your supplied boilerplate and the 2015 edition of the Standard Specifications for Public Works Construction (SSPWC). The Caltrans Standard Specifications will also be reference for the striping and signing improvements. Our senior staff will thoroughly review and modify your boilerplate and all relevant sections of the SSPWC to help ensure that the special provisions do not conflict with the improvement plans and convey the design intent of our engineers. The special provisions will be well coordinated with our Pavement Report and they will identify all general phasing and traffic control measures required to be implemented by the contractor to reduce impacts to adjacent properties during construction. The special provisions will also identify all permits and additional plans or coordination efforts the contractor is responsible for during construction. This includes identifying all specific utility coordination, including any specific work windows needing to be provided by the contractor. Finally, the bid items will be listed and the work involved in each item will be clearly described. Task F.7 - Cost Estimate We understand the importance of a complete and accurate cost estimate. Since the cost estimate will be used as a basis for the bid schedule, it's important to include all required work items the contractor needs to complete as part of the project and that the quantities for these work items are correct. Accurate unit costs are also important for you to understand the overall cost of the project and to determine if the project needs to be value engineered to get the project within the budget available. First, we determine the project bid items required based on a thorough review of the plans and special provisions. Quantities will be separated by City jurisdiction and calculated using our proprietary software. We will establish unit costs using recently bid projects. The quantities will be continuously updated with each plan revision and an updated cost estimate will be provided with all submittals to provide you with accurate project costs throughout the design. Task F.8 - As -Built Drawings Preparing accurate as -built drawings are important for your future generations. We will prepare as -built drawings for the project using your preferred format. They will be based on redlines provided by your inspector and/or Contractor and supplemented with our revisions noted during construction. We will provide you a PDF of the as - built drawings with the final submittal. Task G - Project Management, Progress Meetings, and Coordination Throughout the project, we will communicate our progress, design assumptions, and design challenges with you. We will also coordinate with both Cities and other agencies, as required, and involve you in all of these discussions and reviews. Project communication will include meetings, conference calls, and emails. Documenting assumptions made and direction given during the design process is important to confirm that everyone agrees on what was discussed. We will diligently prepare and distribute meeting minutes or records of discussion, and allow you and other attendees to review and comment on these before proceeding further on the design or other project tasks. Upon NTP, we will schedule a kick-off meeting to: • Obtain background information • Review and refine the project scope and schedule • Establish the lines of communication • Discuss the critical design issues, including, pavement strategies and criteria for concrete improvement repairs and ADA upgrades Meetings will also be held to review the 50%.90%, and 100% submittal packages and up to six additional meetings throughout the design phase. We will develop a comprehensive and specific project work plan and quality control plan; the project schedule will be updated monthly. Task H - Construction Support Services We will support you during the project bid period, including respond to questions from perspective bidders and prepare bid addenda to the plans and special provisions, as necessary. During the project construction phase, we will attend the pre -construction meeting, job walk, and periodic job site meetings. We can clarify design -related issues during construction, including responding to RFIs and submittal reviews. All clarifications will be subject to your construction manager's approval. For the purpose of this proposal, we assumed up to 80 hours for this task. 9-22 Task I (Optional Item) - Task 1.1 - Calculation of Traffic Index (TI) If desired by either City, we will prepare separate traffic index calculations for up to three segments of Irvine Avenue within the project limits. We have assumed for the purpose of this proposal, that a TI will be calculated for the three segments of Irvine Avenue between the four signalized intersections within the project limits. Weekday 24-hour, two-way traffic counts, including truck and bus volumes by number of axles, will be conducted for each segment. We will use this data for each subject roadway segment to determine an appropriate design life TI based on Caltrans equivalent single axle load (ESAL)factors for each large vehicle type. The pavement design life will be confirmed with each City and/or we can provide multiple TI calculations for your consideration based on different pavement design life. Traffic data will be collected by teaming partner. National Data and Surveying Services (NDS), who has provided traffic data to our team for many similar projects. Task 1.2 - New Sidewalk (Baycrest Street to Holiday Road) This task includes the additional design survey and engineering required to provide a continuous sidewalk along the westbound parkway between Baycrest Street Holiday Road. Additional design survey will be required in private property to locate visible surface improvements and surface utilities within 15-20 feet beyond the existing public right of way. The improvement plans will include construction notes and details for the new sidewalk, driveways, and private property repairs. Any repairs to walls will be provided with standard plans (no structural calculations) and the plans and specifications will only indicate to "match existing in-kind" for repairs to decorative elements such as colored pavers, planter walls, fences, and landscaping and irrigation. Task 1.3 - Additional Driveway Reconstruction This task includes the additional design survey and engineering required to reconstruct non-compliant driveways in the City of Newport Beach throughout the project limits. This task includes 16 non-compliant driveways to be reconstructed. Additional driveways will required additional fees. This task does not include the reconstruction of the S driveways assumed in Task C "Design Survey" and Task F.2 "Roadway Improvement Plans" or the 10 driveways required to be reconstructed as part of Task 1.2 "New Sidewalk (Baycrest Street to Holiday Road)." Each noncompliant driveway location will require additional design survey in private property to locate visible surface improvements and surface utilities within 15-20 feet beyond the existing public right of way. The improvement plans will include construction notes and details for the new driveways, including all private property repairs required. Any repairs to walls will be provided with standard plans (no structural calculations) and the plans and specifications will only indicate to "match existing in-kind" for repairs to decorative elements such as colored pavers, planter walls, fences, and landscaping and irrigation. Exclusions The following services are not included in this proposal scope of work, but may be provided under separate contract: - Payment of Permit Fees - Environmental Services and Water Quality Documents - Drainage Study and Hydrology / Hydraulics Calculations - Traffic Study - Landscaping and Irrigation Plans - Structural Engineering Calculations and Plans - Erosion Control Plans - Phasing and Traffic Control Plans - Right of Way Engineering - Private Property Owner / Right of Entry Coordination - Construction Inspection and Staking - Monument Ties and Corner Records 9-23 EXHIBIT B SCHEDULE OF BILLING RATES Stantec Consulting Services Inc. Page B-1 9-24 Exhibit B CITY OF NEWPORT BEACH IRVINE AVENUE PAVEMENT REHABILATION PROJECT C-8175-1 ESTIMATED FEES & EXPENSES 4,CVrTa++rs+� tl....bp..�tYh_d rrvpp,l_bY,�,� Yr+nr_�nruvrrbVmnY Cwt Erl�nr2alf ].19+h11) 9-25 Manager Survey Tasks Description No. of PIC Project Manager Prolect Engineer Sr. Design Engineer Doslgn Engineer survey! Mapping Project Surveyor Survey Analyst 2 -Person Crew STANTB.0 Expenses Subconsultants Total hrs hrs hrs I hrs hrs hrs Fees hT7 Fees hrs Fess 1w99 A. Research, Data Collection, and Field Review 2 8 18 16 44 $6,280 $94 56,374 44 B. Utility Coordination 2 4 12 12 30 $4,256 $64 _ _ 30 $4,320 C. Design Survey 2 4 12 12 96 126 $29,064 $436 126 $29,500 D. Pavement Report 12 12 $2,208 $33 73 S21,955 85 $24,196 E. Base Mapping 2 4 1a 20 44 $6,574 $99 44 56,673 F. Construction Documents F.1 Title Sheet, Construction Notes, Typical Cross Sections, and Details 4 6 17 23 35 81 $11,596 $174 81 $11,770 F.2 Roadway Plans 9 a 16 42 66 70 202 $30,064 5451 202 $30,515 F.3 intersection Grid Details 4 4 10 18 32 64 $8,978 $135 64 $9.113 F.4 Signing and Striping Pians 4 2 16 64 82 $11,428 $171 82 $11,599 F.5 Roadway Design Sections 2 6 10 16 34 $4,798 $72 34 $4,870 F.6 Special Provisions 2 8 20 4 4 38 $6,332 $95 38 $6.427 F.7 Cost Estimate 2 6 14 14 36 55,124 $77 36 $5,201 F.8 As -Built Drawings 2 4 _ 12 12 30 $4,256 $64 30 $4,320 G. Project Management, Progress Meetings and Coordination ll 36 44 $8,560 $128 44 $8,689 H. Construction Support Services 4 24 12 20 20 so $12,744 5191 80 $12,935 TOTAL HOURS 21 24 136 129 197 295 8 30 321 96 947 731 1020 TOTAL FEES $6,608 $25,024 $21,285 $28,368 $36,875 $1,472 $4,950 54,000 324,480 $152,262 $2,284 $73 $21,955 $176,501 Rate (S/hr) S242 5184 $165 5144 $125 $184 $165 3125 $255 l OPTIONAL TASKS 1.1 Ca$culation of Traffic Index (TI) 4 14 18 $2,486 $37 4 $350 22 $2,673 1.2 New Sidewalk (Baycrest Street to Holiday Road) 0 2 a 15 15 1 1 2 6 52 $6,362 $125 52 $8,487 1.3 Additional Driveway Reconstruction (16 Total) 0 2 10 le 18 1 2 2 10 63 $10,174 5153 63 $10.,327 Subtotal Optional Tasks 0 8 18 33 47 2 3 4 181 133 $21,022 $315 4 $350 137 $21,687 GRAND TOTAL HOURS (including optional tasks) 24 144 1471 230 342 10 33 36 114 1080 1 77 1,157 GRAND TOTAL FEES (including optional tasks) $3,600 1 $24,912 f$23,961 1 $35,800 $41,040 $1,050 $2,475 $2,160 { $21,660 $173,284 1 $2,599 $22,305 $198,188 4,CVrTa++rs+� tl....bp..�tYh_d rrvpp,l_bY,�,� Yr+nr_�nruvrrbVmnY Cwt Erl�nr2alf ].19+h11) 9-25 (3 Stantec SCHEDULE OF BILLING RATES — 2017 Billing Hourly Description Level Rate Junior Level position 3 $75 ❑ Independently carries out assignmentsof limited scope using standard procedures, methodsand 4 $83 techniques ❑ Assists senior staff in carrying out more advanced procedures 5 $93 ❑ Completed workisreviewed for feasibility and soundness of judgment ❑ Graduatefromanappropriatepost-secondary program orequivalent ❑ Generally, one to three years' experience Fully Qualified Professional Position 6 $101 o Carries out assignments requiring general familiarity within a broad field of the respectiv e profession 7 $109 o Makes decisions by using a combination of standard methods and techniques ❑ Actively participates in planning to ensure the achievement of objectives 8 $117 o Works independently to interpret information and resolv e difficulties ❑ Graduatefromanappropriate post -secondary program, with credentialsorequivalent ❑ Generally, three to six years' experience First Level Supervisor or first complete Level of Specialization 9 $125 o Prov idesapplied professional knowledge and initiativein planning and coordinating work programs 10 $135 o Adapts established guidelines as necessary to address unusual issues 11 $144 ❑ Decisions accepted as technically accurate, however may on occasion be reviewed for soundness ofjudgment ❑ Graduatefroman appropriate post -secondary program, with credentialsorequivalent ❑ Generally, fiv a to nine years' experience Highly Specialized Technical Professional or Supervisor of groups of professionals C3 Prov ides multi -discipline knowledge todeliverinnovative solutions in related field of expertise 12 $154 ❑ Participates in short and long range planning toensure the achievement of objectives 13 $165 ❑ Makesresponsbledecisionsonallmatters,includingpoGcyrecommendations,workmethods,and financial controls associated with large expenditures 14 $175 o Reviewsand evaluates technicalwork o Graduatefromanappropriate post -secondary program, with credentialsorequivalent o Generally, ten to fifteen years' experience with extensive, broad experience Senior Level Consultant or Management ❑ Recognized as an authority in a specific field with qualifications of significant v clue 15 $184 o Prov ides mu Iti-discip line know fed ge to deliver innovative solutions in related field of expertise ❑ Independently conceives programs and problems forinvestigation 16 $212 ❑ Participates in discussions to ensure the achievement of program and/orprojectobjectives 17 $242 ❑ Makes responsible clecisionson expenditures, including large sums or implementation of major programs and/or projects ❑ Graduatefroman appropriate post -secondary program, with credentialsorequivalent ❑ Generally, more than twelveyears'experiencewithextensiveexperience Senior Level Management under review by Vice President or higher 18 $283 ❑ Recognized as an authority in a specific field with qualifications of significant v clue ❑ Responsible for long range planning within a specific area of practice orregion 19 $319 ❑ Makes decisionswhich are farreaching and limited only by objectives and policies of the 20 $354 organization ❑ Plans/approves projects requiring significant human resources orcapital investment 21 $390 ❑ Graduatefrom an appropriate post -secondary program, with credentialsorequivalent ❑ Generally, fifteen years' experience with extensive professional and management experience Crew Size Regular Rate Overtime Rate Survey Crews 1 -Person $180 $210 2 -Person $255 $355 3 -Person $325 $450 T-2 2017 W11895{acb%e190105UmasterWoclRATE TABLES12017 Rate TableslTahle 2 2017 Rate w Crew Rates.doc 9-26 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Stantec Consulting Services Inc. Page C-1 9-27 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Stantec Consulting Services Inc. Page C-2 B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Stantec Consulting Services Inc. Page C-3 9-29