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HomeMy WebLinkAbout06 - Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (21R15) — Approval of PSAQ �EwPpRT O c — '9 TO: FROM CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY: PHONE: November 10, 2020 Agenda Item No. 6 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov 949-644-3315 TITLE: Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (21 R15) — Approval of Professional Services Agreement with Stantec Consulting Services, Inc., Contract No. 7885-1 ABSTRACT: As part of the City's Pavement Management Program, Jamboree Road from East Coast Highway to Ford Road/Eastbluff Drive is scheduled for pavement rehabilitation in Fiscal Year 2021-22. Additionally, the existing potable water irrigation system within the current turf medians is recommended for conversion to a reclaimed water irrigation system to meet State guidelines. Staff is requesting City Council's approval to enter into a Professional Services Agreement with Stantec Consulting Services, Inc. to prepare the necessary construction documents. RECOMMENDATION: a) Determine this 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 this action 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, CA, for the Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion project at a not -to -exceed price of $298,764, and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The adopted FY 2020-21 Capital Improvement Program budget includes sufficient funding for this service. It will be expensed to the Jamboree Road Pavement Rehabilitation Project Account No. 53601-980000-21R15 and Water Capital Account No. 70201932-980000-21 W05. The consultant's proposed not -to -exceed fee for this service is $298,764. 6-1 Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (21 R15) — Approval of Professional Services Agreement with Stantec Consulting Services, Inc., Contract No. 7885-1 November 10, 2020 Page 2 DISCUSSION: With approximately 53,000 vehicles per day utilizing Jamboree Road between East Coast Highway and Ford Road/Eastbluff Drive, the asphalt roadway has deteriorated since its last pavement rehabilitation in 1999 (East Coast Highway to San Joaquin Hills Road) and in 2006 (San Joaquin Hills Road to Ford Road/Eastbluff Drive). As part of the City's Pavement Management Program, Jamboree Road from East Coast Highway to Ford Road/Eastbluff Drive is scheduled for pavement rehabilitation in FY 2021-22. Also in accordance with an Executive Order issued by former Governor Brown in April 2015, the State Water Resources Control Board (SWRCB) imposed restrictions on potable water usage to address on-going drought conditions in the State of California (SWRCB Resolution No. 2015-0032). These restrictions included prohibiting irrigation of ornamental turf in public street medians with potable water. As a result, the City stopped irrigating the medians with the existing potable water system and, consequently, the turf died. This project includes extending a reclaimed water line to the median south of Santa Barbara Drive and converting the existing potable irrigation system to a reclaimed water irrigation system. The median will also be re -seeded with turf, similar to the condition prior to the Executive Order. By converting to reclaimed water, the turf can remain, avoiding the re -landscaping cost that has been done to other former turf medians. Proposed improvements involve cold milling and overlaying the existing asphalt concrete street pavement with new rubberized asphalt concrete pavement, reconstructing deteriorated concrete sidewalks, curbs, gutters, medians, and access ramps, adjusting utility boxes to grade, installing new traffic signs, restriping the pavement, converting the existing potable irrigation system in the median to a reclaimed water irrigation system, re- seeding the median with turf, and other appurtenant items of work. Earlier this year, staff requested proposals from five consulting firms to provide professional engineering services for the East Coast Highway Pavement Rehabilitation project (21 R12). The design scope of work for this project is very similar to the East Coast Highway Pavement Rehabilitation project. Four proposals were received and reviewed by a three-person technical panel. The scoring for the proposals is as follows: PROPOSER TOTAL SCORE OVERALL RANK Michael Baker International, Inc. 274 1 Stantec Consulting Services, Inc. 271 2 Psomas 262 3 Mark Thomas & Company, Inc. 245 4 6-2 Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (21 R15) — Approval of Professional Services Agreement with Stantec Consulting Services, Inc., Contract No. 7885-1 November 10, 2020 Page 3 On July 14, 2020, the City entered into a professional services agreement with Michael Baker International, Inc. (Michael Baker) to prepare the construction documents for the East Coast Highway Pavement Rehabilitation project. This design effort is currently underway. As shown in the above table, Michael Baker and Stantec Consulting Services, Inc. (Stantec) were very closely ranked as the top two firms, scoring within three points of each other. Both Michael Baker and Stantec demonstrated that they have the expertise and experience needed to complete construction documents for pavement rehabilitation projects. In addition, both firms have successfully completed similar projects for other local agencies as well as for the City of Newport Beach. Since Michael Baker was recently awarded the East Coast Highway Pavement Rehabilitation project design contract, staff recommends approving a Professional Services Agreement with Stantec to complete the final design efforts for the Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion project. The proposed scope of work includes project management, research and data collection, reclaimed water pipeline conversion concept design study, utility coordination, field surveying services and base mapping, geotechnical testing and preparation of pavement report, preparation of final construction plans, roadway design cross sections, specifications and construction cost estimates, coordination with the Regional Water Quality Control Board to procure recycled water use permit, construction support services, and preparation of as -built drawings. Construction is tentatively planned for Spring 2022. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Location Map Attachment B — Professional Services Agreement 6-3 ATTACHMENT A o �O UPPER NEWPORT BAY .� Go L� O� r� �o LIMITS OF WORK JAMBOREE ROAD PAVEMENT REHABILITATION CITY OF NEWPORT BEACH AND RECLAIMED WATER CONVERSION PUBLIC WORKS DEPARTMENT LOCATION MAP C-7885-1-711/10/2020 ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES INC. FOR JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER CONVERSION PROJECT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 10th day of November, 2020 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES INC., a New York Corporation ("Consultant"), whose principal business address on file with the California Secretary of State is 370 Interlocken Blvd., Suite 300, Broomfield, Colorado 80021, and with a local address of 38 Technology Drive, 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 project management and construction documents for pavement rehabilitation of Jamboree Road from East Coast Highway to Ford Road / Eastbluff Drive; and to provide improvement plans, utility coordination, field surveying, and design study for the conversion of the existing potable water irrigation system within the medians to a reclaimed water irrigation system to permit new median turf enhancements ("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, 2022, 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. 6-5 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 Two Hundred Ninety Eight Thousand Seven Hundred Sixty Four Dollars and 00/100 ($298,764.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. Stantec Consulting Services Inc. Page 2 6-6 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. S. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Jeff Wilkerson to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably Stantec Consulting Services Inc. Page 3 6-7 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 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 6-8 limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. Stantec Consulting Services Inc. Page 5 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 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 Stantec Consulting Services Inc. Page 6 6-10 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. 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 Stantec Consulting Services Inc. Page 7 6-11 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") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 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 Stantec Consulting Services Inc. Page 8 6-12 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: Director of Public Works Public Works 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 Stantec Consulting Services Inc. 38 Technology Dr. Irvine, CA 92618 hr�y W -3I J, 6-1 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). Stantec Consulting Services Inc. Page 9 6-13 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 parry may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES 29.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. Stantec Consulting Services Inc. Page 10 6-14 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, Stantec Consulting Services Inc. Page 11 6-15 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Stantec Consulting Services Inc. Page 12 6-16 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date_ By: -/"- Fo( Aaron C. Harp $w 10 • Ll .1 City Attorney ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Will O'Neill Mayor CONSULTANT: Services Inc., a Date: Stantec Consulting New York Corporation By: Mohammad Heiat Principal In Charge [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Stantec Consulting Services Inc. Page 13 6-17 EXHIBIT A SCOPE OF SERVICES 1. Project Management, Progress Meetings and Coordination Consultant shall communicate all progress, design assumptions, and design challenges with City. Project communication will include meetings, conference calls, and emails. Documenting assumptions made, and direction given during the design process is important to confirm that everyone agrees on what was discussed. Consultant shall diligently prepare and distribute meeting minutes or records of discussion and allow City and other attendees to review and comment on these before proceeding further on the design or other project tasks. Consultant shall schedule a kick-off meeting to: • Obtain background information, • Review and refine the project scope and schedule; • Establish the lines of communication; and • Discuss the critical design issues such as pavement strategies and the new reclaimed water improvements. Meetings will also be held to review the conceptual reclaimed water plan, pavement report, and the 50 -percent, 90 -percent, and 100 -percent submittal packages as required. Consultant shall develop a comprehensive and specific project work plan and quality control plan, and the project schedule will be updated monthly. 2. Research, Data Collection, and Field Visits Consultant shall research and obtain available as -built record drawings, utility plans, preliminary engineering reports, and record survey drawings for the project. Consultant assumes that City will provide the historical meter data for the median, and water system pressure data. As part of this task, Consultant shall also perform a field review of the site to evaluate the following: • Condition of the existing pavement and locations of local pavement repairs; • The locations of any damaged, raised, or sunken curbs gutters, sidewalks, and other concrete improvements within the public right-of-way that needs to be constructed, repaired, or brought up to current ADA standards; and • Identify any other noteworthy features. Stantec Consulting Services, Inc. Page A-1 6-18 Prior to the field review, Consultant shall coordinate with City to determine the extent of repairs and ADA improvements the City is planning for this project. During the field walk, Consultant will take digital photos and document the location of all potential repair locations and any other issues requiring special attention. 3. Reclaimed Water Pipeline Conversion Concept Design Study 3.1 Hydraulic Analysis and Pipeline Sizing Consultant shall review and analyze the historical irrigation water use data for the median and calculate an estimated peak flow for the median. Based on the estimated flow, Consultant shall analyze the proposed pipeline and system pressures. The analysis will be conducted using the GAP computer model utilized for the OCWD's GAP System Analysis project. The pipeline will be sized based on both City and industry standards for velocity. The proposed anticipated pressures will be compared with the existing pressures to determine if any pressure reduction will be needed to approximately match existing potable pressure. Consultant assumes one coordination meeting with the City engineering and operations staff. 3.2 Regulatory Agency Coordination Consultant shall coordinate with the Regional Water Quality Control Board (RWQCB) and Division of Drinking Water (DDW) to establish and describe the permitting process for this project and incorporate recent application regulations and requirements to the conceptual design of the project. 3.3 Conceptual Project Design Consultant shall utilize the GIS data and as -built plan information obtained from the City to create a conceptual water plan for the project. The conceptfield surveying ual water plan will be a 11 x 17 exhibit, using the existing street improvement plan pdf file as the base, that schematically shows a preliminary alignment and limits of the proposed recycled water pipeline in Jamboree Road, from the point of connection to the OCWD GAP pipeline to the connection points to the median irrigation system. Consultant shall coordinate with the City for potential need of an emergency connection with the potable water system. If such an emergency connection is needed requirements for cross connection prevention will be described and coordinated with DDW requirements. 3.4 Prepare Technical Memorandum Consultant shall prepare a technical memorandum that describes the proposed project, assumptions, hydraulic analysis, and preliminary concept plan. Consultant anticipates that a draft of the technical memorandum will be submitted to the City for review and comment. Based on the review comments, Consultant shall prepare a final technical memorandum. Stantec Consulting Services, Inc. Page A-2 6-19 4. Utility Coordination Thorough utility coordination is essential for the success of this important improvement project. Consultant assumes that the City will distribute the first utility request notices to the utility companies in the project area and will forward the utility contacts and any utility maps or atlases received. Consultant shall organize this information in a utility coordination matrix that will be updated throughout the project. Consultant shall coordinate with the respective utility companies to confirm ownership, location, and depth of facilities, and to resolve any conflicts with the new improvements. Consultant shall lead efforts to identify ownership of unknown utility lines or appurtenances, determine any utility facilities that may interfere with proposed construction, and coordinate the relocation or adjustment of all utilities impacted by the new construction. Consultant anticipates distributing two notices to the utility companies for this project. The initial notice shall include the 50 -percent improvement plans, which will show the location of all known utilities and any preliminary utility relocations or adjustments. Consultant shall ask the utility companies to confirm the location of their existing facilities and identify any missing facilities or improvements that are currently being planned. Consultant shall confirm the number of utilities adjustments with each utility company and whether they will have the City's contractor perform this work. Consultant shall also coordinate any required utility relocations along with any required work windows. Consultant shall incorporate any comments received into the 90 -percent and 100 -percent final plans and then distribute the final notice to each utility company for their review and approval. Consultant shall then obtain written confirmation from each utility company that all comments have been addressed and the plans are acceptable. 5. Field Surveying Services and Base Mapping 5.1 Field Survey Our surveyors shall 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) to locate visible surface improvements and surface utilities within the survey limits. The survey limits will include Jamboree Road from Pacific Coast Highway (Consultantstbound #4 lane) to Ford Road (+/- 8,500 LF) and extend approximately 100 -feet beyond the limits in all directions of all signalized intersections. As part of the field survey, Consultant shall observe monuments to retrace the centerlines of Jamboree Road. Consultant shall incorporate the results into a base map illustrating existing right-of-way conditions. This will not be a full and complete boundary survey of the adjacent land parcels and the right-of-way lines will be approximate. Survey monuments located and indicated on the survey will be limited to existing, centerline monuments found along Jamboree Road. Consultant assumes that all Corner Records will be filed by the Contractor's surveyor as required by the Special Provisions. Stantec Consulting Services, Inc. Page A-3 6-20 5.2 Topographic and Base Map Consultant shall 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); and • Contours generated at 1 -foot intervals. Consultant shall 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. 5.3 Utility Base Map Consultant shall prepare an existing utility base drawing which shall include all known underground utility lines within the project limits. Existing utilities will be plotted based on the record drawings and atlases received from the City and the utility companies. Their locations will be cross checked against the surface utilities found during our topographic survey to confirm they are shown in the most accurate location possible 6. Pavement Report 6.1 Geotechnical Testing and Pavement Report Consultant has teamed up with Group Delta as the subconsultant to provide geotechnical testing and the pavement report for the project. The Subconsultant proposes the following work: • Review existing data, • Perform site reconnaissance; • Obtain no fee encroachment permits; • Clear utilities through DigAlert, review of available plans, and geophysical screening; • Perform subsurface exploration program consisting of drilling ten (10) borings to 5 feet below ground surface; • Perform laboratory testing for subsurface explorations to classify the soils and characterize engineering properties of soils for pavement design, Stantec Consulting Services, Inc. Page A-4 6-21 • Performing a deflection study and ground penetration radar to be included in the pavement evaluations; Perform engineering analysis to develop several pavement design and repair options; and • Prepare final pavement report. Borings will be drilled by a truck -mounted rig using hollow -stem auger techniques or asphalt will be cored and hand augured. The borings will be performed in the outside lane and, if allowed by the City, four borings can be advanced on the inside lane near the buried median to confirm the pavement section thickness. One of the borings will be near the intersection of Jamboree Road and Santa Barbara Drive to provide trenching and bedding recommendations for the proposed pipeline. Group Delta will observe and measure the depth of existing asphalt concrete (AC) pavement, aggregate base (if present), and collect samples to evaluate the pavement engineering properties of the site subgrade soils. It is estimated this will require one (1) extended day of exploratory borings using proper traffic control measures following the MUTCD, in coordination with City staff, to minimize impacts to daytime traffic flows. Bulk samples of the subgrade will be obtained below pavement sections. In-situ drive samples will be then collected at depths of five (5) feet below ground surface. Groundwater is not anticipated in the shallow borings based on our experience in this area but will be measured and recorded if encountered. Borings will be backfilled with tamped soil cuttings and will be patched with rapid set concrete. The rapid set concrete will be dyed black to match the existing pavement. Our laboratory -testing program will be aimed at evaluating the index and pavement design properties of the site soils. The exact scope of the laboratory program will depend on the soil conditions encountered during our field exploration. However, for planning purposes, Consultant has considered the following types of tests: • Moisture/Density (ASTM D2937); • Grain Size (Sieve Analysis) (ASTM D422); • Atterberg Limits (ASTM D4318); • R -Value (CT -301); and • Corrosion (sulfate, chloride, resistivity, and pH). A Falling Weight Deflectometer (FWD) and Ground Penetrator Radar (GPR) testing shall be performed to evaluate existing pavement conditions using Caltrans methods. The FWD testing is proposed to be conducted at 250 -ft intervals on the main travel lanes (turning lanes are not included). Each FWD test point will be geo- referenced and they will be staggered between lanes to increase coverage of each section. The work is assumed to be completed in one (1) day and consist of approximately 202 test points. GPR testing and analysis will be performed to Stantec Consulting Services, Inc. Page A-5 6.22 collect pavement thicknesses and types while emitting a series of radar waves to the pavement structure while the vehicle is traveling at traffic speed. Structural overlay for mill and overlay will be performed using Caltrans CTM 256 and Highway Design Manual. The results of the field, laboratory, engineering evaluations and review of the design and construction documents shall be presented in an appropriately illustrated report. The report shall contain a project description, site conditions, description of the soils and a summary of the engineering properties of the soils. The report shall include a summary of the pavement condition and Consultant shall opine, if possible, on the cause of distress. Potential for milling near the existing buried median will be evaluated and findings will be reported. Geotechnical recommendations will be provided for alternative pavement structural sections considering mill and overlay and removal and replacement including ARHM and fiber reinforced asphalt concrete. The report shall also include recommendations for pipe trench and backfill. Consultant shall respond to one (1) round of review comments on the draft report and submit a final report. 6.2 Traffic Index (TI) Calculation Consultant shall prepare separate traffic index (TI) calculations for up to three (3) segments of Jamboree Road within the project limits. Weekday 24-hour, two-way traffic counts, including truck and bus volumes by number of axles, will be conducted for each segment. Consultant shall use this data for each subject roadway segment to determine an appropriate design life TI based on Caltrans equivalent single axle load (ESAL) factors for each large vehicle type. The pavement design life will be confirmed with the City and/or Consultant can provide multiple TI calculations for City consideration based on alternative pavement design life. 6.3 Pavement Rehabilitation Strategy and ROM Estimate Consultant shall prepare rough order of magnitude (ROM) estimates for the various pavement repair and rehabilitation recommendations outlined in the Pavement Report. These ROM estimates will be compared to the City's available budget to help select the Preferred Pavement Rehabilitation Strategy. If necessary, Consultant can engineer the proposed pavement improvements to best fit the City's available budget and objectives. 7. Improvement Plans Consultant shall prepare a single improvement plan set in CADD and in accordance with City design standards. The plans shall be submitted at 50 -percent, 90 -percent, and 100 - percent final levels. 7.1 Title Sheet, Notes, Index Map, Typical Sections, and Details The plan set shall include a title sheet, using City standard format, and will include general notes, a vicinity map, and additional project specific information. The Stantec Consulting Services, Inc. Page A-6 6-23 second sheet will show all construction and disposition notes used and the sheet index for the plans. The plan set shall also include sheets for typical roadway sections, standard details, and smaller scale design details for improvements such as curb ramps and driveways. Consultant shall include these design details in the plan set, if required, to provide additional information to the Contractor. 7.2 Roadway Plan and Profile Sheets (1" = 40') Roadway plan and profile sheets shall be prepared using a 1" = 40' horizontal scale and a 1" = 4' vertical scale. Each sheet will contain a north arrow, scale, match lines, and construction and disposition notes for all improvements shown on the sheet. The profile views will show the existing and proposed profiles for any crown lines and the tops of curb or edges of pavement. The roadway improvements will include: • Removals; • Pavement rehabilitation improvements; • Locations for new and reconstructed curbs, gutters, sidewalks, driveways, and curb ramps; • Existing utilities and utility adjustments/relocations; and • New turf in the existing medians. If determined by City, Consultant shall reconstruct the existing median curbs between Back Bay Drive and San Joaquin Hills Road to raise the curb heights. This will require filling existing median with engineering fill / topsoil, reconstructing the safety strips, replanting the turf, and modifying the irrigation system to accommodate the raised finished surface. For the landscape and irrigation improvements in these medians, Consultant assumes the following: • Existing stamped concrete areas will be maintained; The existing irrigation systems in these medians are currently designed for turf. Other than the irrigation piping that may need to be upsized as part of Task 7.4, the only other modifications that may be required to the existing irrigation system will be to adjust the sprinkler heads and reconstruct "in kind" any portion of the irrigation system impacted by the construction of the new curb and safety strip improvements; • The new turf will be shown on roadway improvement plans; Other than the irrigation piping that may need to be upsized as part of Task 7.4, modifications to the existing irrigation system will be addressed with notes on the roadway plans; and • Separate landscape and irrigation plans are not included. Stantec Consulting Services, Inc. Page A-7 6-24 Consultant assumes that non-compliant driveway approaches will only be reconstructed if the parkway width is wide enough to accommodate the new driveway without major impacts to private property improvements. Finally, the roadway plans will also include all horizontal and vertical control required to stake and construct the new improvements. 7.3 Signing and Striping Sheets (1" = 40') The signing and striping plans will include signing, striping, pavement markings, red curb, and signal loop detector replacements for Jamboree Road and intersecting side streets, as required, within the project limits. The plans will be prepared at 1" = 40' scale, "double stacked" with two horizontal layout strips placed on each plan. The plans will reinstall existing roadway striping and pavement markings and will include the removal of any conflicting existing striping and pavement markings not obliterated by pavement rehabilitation. 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. Where appropriate, existing signs within the project limits may be upgraded to meet current California Manual on Uniform Traffic Control (CA MUTCD) requirements. The signing and striping plans will also include repainting of existing red curb markings, as required, and replacement of impacted traffic signal loops. 7.4 Pipeline Improvement Plans After approval of the Technical Memorandum (Task 3.4) and prior to final design, Consultant shall meet with the City to discuss final design requirements, assumptions, and standards. Consultant shall use the base map prepared for the road improvements to add the new recycled water supply line to the point of connection to the irrigation system. Because the GAP line crossing Jamboree Road is an encased pipe, the connection point will be approximately at the 90 - degree bend at the westerly intersection of Santa Barbara and Jamboree Road. A new recycled water irrigation meter will be located at the median connection point. Pipeline specific general notes will be added to the road improvement notes sheet. One plan and profile drawing will be prepared at 1" = 40' horizontal and 1" = 4' vertical scale along the recycled water supply line alignment. The supply line length is estimated to be approximately 500'. The design also includes approximately 1,200' of irrigation piping that may need to be upsized due to the change in the irrigation supply source. This will be confirmed during the conceptual design and if required, will be shown in plan view. Design will include City standard trench details, connection details at the GAP pipeline and the irrigation system point of connection, and irrigation standard details. Consultant has also assumed an above ground emergency potable water Stantec Consulting Services, Inc. Page A-8 6-25 connection will be included at the existing irrigation supply connection with appropriate details meeting DDW requirements. This scope assumes that potholing and irrigation pumping will not be required. 8. Roadway Design Sections Consultant shall build a three-dimensional model of the existing and new roadway improvements in Civil 3D and plot design sections from this model. The design sections will show the existing surface, proposed surface, proposed pavement section thicknesses, the existing and proposed top of curb and/or pavement elevations, and the existing and proposed cross slopes. The design sections will help us identify and correct typical roadway design issues, such as flat or excessively steep cross slopes, proper pavement transitions, and areas where Consultant may be significantly reducing the cover over existing utilities. Since the design sections will be linked to the design model, they will consistently be up to date. 9. Special Provisions Well-written special provisions reduce the potential for change orders during construction. Consultant shall prepare the project provisions based on City supplied boilerplate and the 2015 edition of the Standard Specifications for Public Works Construction (SSPWC). The Caltrans Standard Specifications will also be referenced for the striping and signing improvements. Consultant's staff shall thoroughly review and modify City 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 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. Pipeline and irrigation specifications will also be included. The special provisions will identify all permits and coordination efforts the contractor is responsible for during construction. This includes specific utility coordination efforts required; including any specific work periods needing to be provided by the Contractor. Finally, the bid items will be listed, and the work involved in each item will be clearly described. The special provisions will be submitted at 90 -percent and 100% -percent final levels. 10. Engineer's Estimate Consultant understands the importance of a complete and accurate cost estimate. Since the cost estimate will be used as a basis for the bid schedule, it's important to include all required work items the contractor needs to complete as part of the project and that the quantities for these work items are correct. Accurate quantities and unit costs are also important for City to understand overall project costs, and to determine if the available budget requires value engineering. Stantec Consulting Services, Inc. Page A-9 6-26 First, Consultant determines the project bid items required based on a thorough review of the plans and special provisions. Quantities will then be calculated using our proprietary software and checked using a second calculation method. Consultant shall 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 City with accurate project costs throughout the design. The engineer's estimate will be submitted at 50 -percent, 90 -percent, and 100 -percent final levels. 11. Agency Permitting During final design, Consultant shall coordinate with the RWQCB and DDW to permit recycled water use along the median. Caltrans coordination or permits are not included. Consultant assumes up to 32 hours for permit coordination. 12. Construction Support Services Consultant shall support City during the project bid period, including responding to questions from prospective bidders and preparing bid addenda to the plans and special provisions, as necessary. During the project construction phase, Consultant shall attend the pre -construction meeting, job walk, and periodic job site meetings, as required. Consultant can clarify design -related issues during construction, including responding to RFIs and submittal reviews. All clarifications shall be subject to the City's construction manager's approval. Consultant assumes up to 60 hours for this task. 13. As -Built Drawings Preparing accurate as -built drawings is important for City's future generations. Consultant shall prepare as -built drawings for the project using City preferred format. They will be based on redlines provided by City inspector and/or Contractor and will be supplemented with our own revisions noted during construction. Consultant shall provide City a PDF of the as -built drawings with the final submittal. Exclusions The following services are not included in this Scope: • Separate Landscape and Irrigation Plans; • Traffic Control and Construction Phasing Plans; • Structural Engineering; • Traffic Signal Modifications (Loop Replacements Included); • Utility Locating (Potholing); Stantec Consulting Services, Inc. Page A-10 6-27 Caltrans Coordination or Permits; • Drainage, Water Quality, and Environment Reports or Permits; and Engineering Report for the Use of Recycled Water. Stantec Consulting Services, Inc. Page A-11 6-28 EXHIBIT B SCHEDULE OF BILLING RATES .. Classification Billing Level 3 Hourly Rate $98.00 Junior Level Position 4 $108.00 5 $123.00 Fully Qualified Professional Position 6 $127.00 7 $132.00 8 $143.00 First Level Supervisor of first complete Level of Specialization 9 $149.00 10 $154.00 11 $165.00 Highly Specialized Technical Professional of Supervisor of groups of professionals 12 $174.00 13 $183.00 14 $192.00 Senior Level Consultant or Management 15 $204.00 16 $225.00 17 $232.00 Senior Level Management under review by Vice President or higher 18 $239.00 19 $248.00 20 $258.00 21 $274.00 Total Not -To -Exceed: $298,764.00 Stantec Consulting Services, Inc. Page B-1 6.29 RegularCrew Size Survey 1 -Person $185.00 $225.00 Crews 2 -Person $275.00 $380.00 3 -Person $375.00 $510.00 Total Not -To -Exceed: $298,764.00 Stantec Consulting Services, Inc. Page B-1 6.29 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 6-30 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. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Stantec Consulting Services, Inc. Page C-2 6-31 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. 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. Stantec Consulting Services, Inc. Page C-3 6-32 G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 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-4 6-33