Loading...
HomeMy WebLinkAbout18 - Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation (22R14) - Approval of PSAQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report November 30, 2021 Agenda Item No. 18 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov PHONE: 949-644-3315 TITLE: Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation (22R14) —Approval of Professional Services Agreement with Stantec Consulting Services, Inc., Contract No. 8728-1 /_1 16"t I:7_T91 6 As part of the City of Newport Beach's (City's) on-going Pavement Management Program, Newport Coast Drive from East Coast Highway to Vista Ridge Road and Balboa Boulevard from Medina Way to G Street are scheduled for pavement rehabilitation in Fiscal Year 2022-23. Staff is requesting the 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, California, for the Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation project at a not -to -exceed price of $396,214, and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: Newport Coast Drive from East Coast Highway to Vista Ridge Road is a major arterial with six travel lanes. This road was originally constructed in 1990 and has not yet received any major pavement rehabilitation work, with the exception of some isolated repairs. Balboa Boulevard between Medina Way and G Street is a secondary roadway and was last rehabilitated in 1999. The pavement condition for both of these streets has deteriorated and is now in need of rehabilitation. 18-1 Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation (22R14) — Approval of Professional Services Agreement with Stantec Consulting Services, Inc., Contract No. 8728-1 November 30, 2021 Page 2 As part of the City's Pavement Management Program, Newport Coast Drive and Balboa Boulevard are scheduled to be rehabilitated in FY 2022-23. In order to meet this schedule, construction documents will need to be prepared in the current fiscal year. Proposed improvements on both arterials involve cold milling and overlaying the existing asphalt concrete pavement with new rubberized asphalt concrete pavement; reconstructing deteriorated concrete sidewalks, curbs, gutters, and access ramps; adjusting utility boxes to grade; installing new traffic signs; restriping the pavement; and other appurtenant items of work. Staff recently requested proposals from seven consulting firms to provide professional engineering services for the design of the Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation project. Six proposals were received and reviewed by a three- person technical panel. The scoring for the proposals is as follows: PROPOSER TOTAL SCORE OVERALL RANK Stantec Consulting Services, Inc. 284 1 Psomas 274 2 TAIT & Associates, Inc. 267 3 DMS Consultants, Inc. 255 4 Nichols Consulting Engineers 223 5 DMc Engineering 193 6 Stantec Consulting Services, Inc., demonstrated that they are the most qualified firm and have the expertise, experience, and project understanding needed to complete the construction documents for this project. In addition, Stantec Consulting Services, Inc., has successfully completed similar projects for other local agencies as well as for the City of Newport Beach. Therefore, staff recommends approving a Professional Services Agreement with Stantec Consulting Services, Inc., to complete the final design efforts for the Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation project. The proposed scope of work includes project management, research and data collection, utility coordination, field surveying services and base mapping, geotechnical testing and preparation of a pavement report, preparation of final construction plans, roadway design cross sections, specifications and construction cost estimates, construction support services, and preparation of as -built drawings. Construction is tentatively planned for the fall of 2022. Since the scope of work for both streets are very similar in nature, the design efforts and construction documents will be combined into one package to save processing time and possibly some cost due to the economy of scale. 18-2 Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation (22R14) — Approval of Professional Services Agreement with Stantec Consulting Services, Inc., Contract No. 8728-1 November 30, 2021 Page 3 FISCAL IMPACT: The adopted budget includes sufficient funding for this engineering design service. It will be expensed to the Newport Coast Pavement Rehabilitation project in the Adopted FY 2021-22 Capital Improvement Project budget, 12101-980000-22R14. The consultant's proposed not -to -exceed fee for this service is $396,214. 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 Newport Coast Drive Attachment B —Location Map Balboa Boulevard Attachment C — Professional Services Agreement 18-3 l ATTACHMENT A LIMITS OF WORK NEWPORT COAST DRIVE PAVEMENT REHABILITATION LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-8728-1 22 R14 11/30/202 11 18-4 Q ATTACHMENT B Iu�u "�n1oi 11I � III�� IIIg111p 11. LIMITS OF WORK BALBOA BOULEVARD PAVEMENT REHABILITATION LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-8728-1 22 R14 11/30/202 11 E a 18-5 ATTACHMENT C PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR NEWPORT COAST DRIVE AND BALBOA BOULEVARD PAVEMENT REHABILITATION THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 30th day of November, 2021 ("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 place of business 370 Interlocken Blvd, Suite 200, Broomfield, Colorado, 80021, 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 various consulting services for the Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation Project ("Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2023, 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. :. 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 Three Hundred Ninety Six Thousand Two Hundred Fourteen Dollars and 00/100 ($396,214.00), 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 18-7 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 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 18.8 competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable, or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Stantec Consulting Services, Inc. Page 4 18-9 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any Stantec Consulting Services, Inc. Page 5 18-10 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 Computer Aided Design and Drafting ("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 Stantec Consulting Services, Inc. Page 6 18-11 arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data, or (b) 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, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. 17.4 All improvement and/or construction plans shall be plotted on standard twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City digital `As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30) days after finalization of the Project. 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 inspection of all Work, data, Documents, proceedings and activities related to the Stantec Consulting Services, Inc. Page 7 18-12 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 seq., 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. Stantec Consulting Services, Inc. Page 8 18-13 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: Director of Public Works 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 Stantec Consulting Services, Inc. 38 Technology Drive Irvine, CA 92618 27. CLAIMS 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, Stantec Consulting Services, Inc. Page 9 18-14 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.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES 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 Stantec Consulting Services, Inc. Page 10 18-15 subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 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. Stantec Consulting Services, Inc. Page 11 18-16 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 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 18-17 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: La 1.2 By:je� ) d (rr A ron C. Harp City Attorney ATTEST: Date: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: i Brad Avery Mayor CONSULTANT: Stantec Consulting Services, Inc., a New York corporation Date: b /A, /0":,( B avid Elwell Vice President Date: t}/ j L / Z o L i 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 13 EXHIBIT A SCOPE OF SERVICES I. Task A — Research and Data Collection Consultant will research and obtain available as -built record drawings, utility plans, preliminary engineering reports, and record survey drawings for both project sites. This includes researching available documents on the City's GIS system and reviewing information obtained from the utility company coordination, such as from the Irvine Ranch Water District, who appears to have facilities along Newport Coast Drive. As part of this task, Consultant will also perform field reviews of the sites 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, sidewalks, and other concrete improvements within the public right-of-way that needs to be constructed, repaired, or brought up to current ADA standards • Determine locations of local pavement repairs and drainage deficiencies Prior to the field review, Consultant will coordinate with the City to determine the extent of repairs and ADA improvements the City are 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. II. Task B — Utility Coordination Thorough utility coordination is essential for the success of these important roadway improvements. The City 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. Consultant will organize this information in a utility coordination matrix that will be updated throughout the project. Consultant will coordinate with the respective utility companies to confirm ownership, location and depth of facilities, and resolve any conflicts with the new improvements. Consultant 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. Consultant anticipates distributing two notices to the utility companies for this project. The initial notice will include the 50 -percent improvement plans, which will show the location of all known utilities and any preliminary utility relocations or adjustments. Consultant will ask the utility companies to confirm the Stantec Consulting Services, Inc. Page A-1 18-19 location of their existing facilities and identify any missing facilities or improvements that are currently being planned. Consultant will confirm the number of utility adjustments with each utility company, their specific design details, and whether they will have the City's contractor perform this work. Consultant will also coordinate any required utility relocations along with any required work windows. Consultant will 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 will then obtain written confirmation from each utility company that all comments have been addressed and the plans are acceptable. Consultant will identify utilities to be protected in-place, adjusted to grade or relocated and ensure that all utility improvements follow the specific utility company's standards. Task C — Design Surveyin Newport Coast Drive Consultant's surveyors will establish local control for each intersection and perform a topographic survey to document existing site topography and planimetrics for existing curb returns with non -ADA compliant curb ramps only (approximately 11 total). Curb returns with curb ramps which have already been retrofitted to be ADA compliant will not be surveyed. Balboa Boulevard Consultant's surveyors will establish horizontal and vertical survey control and perform a topographic survey to document the existing site topography and planimetrics within the area of proposed improvements. The design survey will include cross sections at 25 -foot intervals (right-of-way to right -of- way, with 1 -foot contours) to locate visible surface improvements and surface utilities within the survey limits. The survey limits will include Balboa Boulevard from Medina Way to G Street (+/- 4,600 LF) and extend approximately 50 -feet in all directions beyond the limits of all intersections. As part of the field survey, Consultant will observe monuments to retrace the centerlines and rights-of-way of Balboa Boulevard from Medina Way to G Street. The results will be incorporated into the 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; based on a combination of found survey monuments, record survey drawings, as -built plans, and City GIS data. Survey monuments located and indicated on the survey will be limited to primary controlling centerline monuments found along Balboa Boulevard. Consultant assumes that Corner Records will be filed by the Contractor's surveyor as required by the Special Provisions. Stantec Consulting Services, Inc. Page A-2 18-20 IV. Task D — Signing and Striping Inventory Consultant will conduct a field inventory of the existing signing and striping for both sites. This inventory will include documenting (with photos, field measurements and "GoPro" video) the existing striping, pavement markings, and signs. The size and condition of the existing signs will also be documented. This information will be combined with the existing topography and utility bases to create a 30 -Percent Base Map plan as part of Task F - Base Mapping. V. Task E — Pavement Report - Balboa Blvd. Pavement Engineering Document Review and Dia Alert Coordination City's subconsultant will perform a document review of existing as -built drawings and past geotechnical/pavement reports provided by the City. The information gathered from this review will be considered in the analysis (i.e., existing pavement section thicknesses, date of last pavement improvement work, etc.). Pavement coring locations will be marked and Dig Alert (Underground Service Alert) will be notified to assess potential conflicts with known underground utilities prior to performing pavement corings. Deflection Testina and Analvsis Non-destructive pavement deflection testing will be performed by City's subconsultant in accordance with California Test 356. Deflection testing involves applying an impact load (simulating truck traffic) and measuring the corresponding deflection response. Generally, lower deflection readings indicate a stronger pavement section whereas higher deflection measurements indicate weaker pavement section. Benefits of deflection testing include: • Allowing the in-place structural capacity to be determined and analyzed. • Identification of potential weak areas that visual surface inspection cannot. Compared to pavement repair recommendations derived primarily from coring data and subgrade R -value tests, performing deflection testing and analysis of deflection data often allows more cost- effective pavement repair recommendations to be developed. Deflection testing will be performed at 100 -foot intervals. Each deflection test point will be geo-referenced using a sub -meter accuracy GPS system. The tests will be staggered between the lanes in both directions of travel to increase the coverage of each section. The approximate total number of test points is 127. One (1) day of pavement deflection testing will be performed. Stantec Consulting Services, Inc. Page A-3 18-21 Moving closure traffic control (traffic control truck with arrow boards) following behind the deflection testing equipment will be utilized. Consultant assumes that traffic control plans will not be required. Subsurface Exploration Consultant will obtain an encroachment permit from the City of Newport Beach for the proposed subsurface exploration. Consultant has assumed permits from other agencies are not required. City's subconsultant will perform a total of 8 pavement corings. They assume one (1) day of pavement coring will be performed. Subsurface exploration will be performed between the hours of 8 am and 5 pm to a maximum depth of four feet (4) below the top of the existing asphalt surface using an electric -powered core drill. Sampling and digging below the AC section will be performed using hand tools. The thickness of the existing asphalt concrete (AC) and aggregate base (AB), if present, will be recorded. Paving fabric will be documented, if encountered. Underlying PCC, if encountered, will be recorded. Bulk samples of the subgrade soil will be collected. Upon completion of the sampling, the core hole will be backfilled with soil cuttings or other suitable backfill materials and capped with asphalt concrete cold patch. Traffic control will consist of single lane closures, performed in accordance with the WATCH Manual. Traffic control will consist of cones and arrow boards that will redirect vehicles around our work zone. Consultant has assumed that traffic control plans will not be required and costs to have traffic control plans prepared or stamped are not included in the proposal. Consultant has assumed backfilling the boreholes with the soil cuttings and surfacing them with AC cold patch is acceptable. Sand blasting to remove Dig Alert markings, pavement grinding, and hot asphalt patch are not included in the proposal. Laboratory Testing City's subconsultant will perform laboratory testing of the samples collected from the pavement corings in their in-house Caltrans certified pavement materials laboratory. The exact type and quantity of tests will be dependent on the conditions encountered. Testing may include the following: • Maximum density and optimum moisture content • Laboratory soil classification (Atterberg Limits and Percent Passing No. 200 Sieve) • R -value testing • In-place moisture content Stantec Consulting Services, Inc. Page A-4 18-22 Laboratory tests to develop mix design recommendations (i.e., cold or hot in-place recycled AC, full -depth reclamation with cement treatment, etc.) are not included in the proposed laboratory testing program. Mix design laboratory testing services can be provided under a separate proposal if those types of pavement repair strategies are later recommended. Pavement Enaineerina Analvsis Pavement engineering analysis will be performed in accordance with the Caltrans Highway Design Manual. Caltrans AC design methodology consists of two primary design procedures. For complete reconstruction strategies (or patches), Caltrans methodology considers the relationship between the traffic index (TI), subgrade soil strength (through R -value testing), and the gravel factors of the various pavement layers, to allow us to calculate the required replacement pavement thicknesses. For rehabilitation strategies (i.e., mill -and- overlay, cold/hot in-place recycling, etc.), Caltrans methodology considers the deflection testing's readings and compares it to "tolerable" deflections to assess structural adequacy. Variables such as the in-place AC pavement thickness and design traffic index are factored into the analysis to determine the required mill -and- overlay thickness to achieve structural adequacy. Identification of Isolated AC Repair Locations A Pavement Engineer of City's subconsultant will identify isolated AC repair locations, based on a combination of factors such as: • Type and severity of the pavement surface distress type (i.e., medium- or high - severity load- related distresses such as alligator cracking or depressions). • Deflection testing data (i.e., areas with exceedingly high deflection measurements). • Coring data (i.e., areas with inadequately thick in- place pavement) • Laboratory data (i.e., areas with high subgrade moisture content). The locations will be marked on a plan and provided to the City. Areas highly recommended for isolated AC repairs (i.e., "must do" areas) will be illustrated in red. Areas that are recommended for isolated AC repairs (i.e., "on -the -fence") will be illustrated in orange. Ideally, all red and orange areas should be addressed with an isolated AC repair; however, Consultant understands that often times, amount of isolated AC repairs will need to be prioritized and this approach allows flexibility for the design team to do so. Pavement Evaluation Report One draft report and one final report will be prepared by City's subconsultant to summarize their findings and conclusions. The final report will include: • Summary of information gathered from the document review; • Project location map; • Subsurface exploration location map; Stantec Consulting Services, Inc. Page A-5 18-23 • Pavement coring information • Select photographs of the pavement surface condition; • Deflection measurement results; • Laboratory testing results; • Isolated AC repair locations; and • Pavement rehabilitation strategy recommendations. City's subconsultant will provide two (2) pavement repair recommendation options for the City. City's subconsultant shall possess extensive experience in developing cost-effective pavement repair alternatives, including the following: • Localized AC repairs (patches) followed by mill -and- overlay repair using conventional AC or rubberized AC pavement; • Cold in-place (CIR) or cold central plant recycled (CCPR) asphalt concrete (AC) pavement, • Cement stabilized pulverized base (CSPB) as part of the pavement structural section; • Cement- or lime -stabilized soils (CSS or LSB) for subgrade stabilization and/or as part of the pavement structural section; • Fiber -reinforced asphalt concrete (FRAC) to improve reflective cracking resistance and/or reduce required AC thickness; and • Rubberized hot -mix asphalt (RHMA or ARHM overlays). The final report will be signed and stamped by a California registered civil engineer Calculation of Traffic Index (Th Consultant will prepare separate traffic index (TI) calculations for up to three (3) segments of Balboa Boulevard 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 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 the City and/ or Consultant can provide multiple TI calculations for the Cities consideration based on alternative pavement design life. Pavement Rehabilitation Strategy and Rough Order of Magnitude (ROM) Estimate Consultant will prepare 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 value engineer the proposed pavement improvements to best fit the City's available budget and objectives. Stantec Consulting Services, Inc. Page A-6 18-24 VI. Task F — Base MaWin Consultant will prepare base maps for each site as described below and submit them as part of the 30 -Percent Base Map submittal. In addition, a redlined set of the 30 -Percent Base Map plan will be provided to the City with recommendations for proposed signage improvements necessary to meet current CA MUTCD requirements and locations of existing signs in poor condition which should be replaced. Consultant will incorporate any plan check comments received from the City into the improvement plans. Newport Coast Drive The City will provide aerial photos, right-of-way lines, and centerlines to use for the base map. Consultant will supplement this information with available as -built drawings to create a 30 -Percent Base Map plan. Consultant will prepare this plan at 1"=40' scale, "double stacked" with two horizontal lathe layout strips placed per sheet. The plan will include approximate linework for curbs, gutters, sidewalk, curb ramps, driveways, trees, and visible surface utilities. Trees will be added based on the aerial photo (not field measured) and irrigation control valves will not be shown. Mapping information will include the approximate centerlines, right-of-way lines, property lines, and addresses. In addition, the base map will include an existing utility base drawing which will show all known underground utility lines within the project limits. Existing utilities 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. Their locations will be cross checked against the surface utilities found during our field review to confirm they are shown in the most accurate location possible. Finally, the 30 -Percent Base Map plan will show the existing striping configuration and correlating Caltrans striping detail numbers, existing pavement marking locations, existing lane widths, and existing sign location (type and orientation). The plan will be verified during our field walk. Balboa Boulevard Consultant will download and compile the field survey data to create a 30 -Percent Base Map plan of the project limits, including: • Surface features (curb, gutter, pavement, sidewalk, curb ramps, driveways, trees) • Visible surface utilities (manholes, water valves, fire hydrants, catch basins, utility boxes, utility poles, overhead utilities, guy wires, vaults) • Mapping information (centerlines, right-of-way lines, and property lines) • Contours generated at 1 -foot intervals Consultant 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 plan. Stantec Consulting Services, Inc. Page A-7 18-25 The 30 -Percent Base Map plan will also include existing striping, signage, and underground utilities as previously described for Newport Coast Drive and the plan will be verified during the field walk. VII. Task G — Construction Documents After completing the preliminary engineering efforts, selecting the Preferred Pavement Rehabilitation Strategy for Balboa Boulevard, and receiving plan check comments on the 30 -Percent Base Map, Consultant will prepare the following plans and supporting documents. Consultant will submit the plans, engineer's estimate, and design sections with each submittal, and the special provisions with the 90 -percent and 100 -percent final design submittals. Plans Consultant will prepare a single plan set containing both sites. They will be in AutoCAD Civil 3D and in accordance with the City's design standards. Title Sheet, Notes, Typical Sections, and Details The plan set will include a title sheet, using the City standard format, with 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 smaller scale design details for improvements such as non-standard curb ramps or cross gutters. Consultant will include these design details in the plan set, as necessary, to provide additional information to the contractor. Roadway Plan and Profile Sheets (1" = 20') - Balboa Boulevard Roadway plan and profile sheets will be prepared using a 1" = 20' horizontal scale and 1" = 2' 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, cross gutters, and curb ramps; and existing utilities and utility adjustments/relocations. Consultant assumes that non- compliant commercial 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. Residential driveways will not be reconstructed. The plans will clearly show the City right-of-way lines and the construction notes will reference the appropriate City standard plan. The Standard Plans for Public Work Construction (SPPWC) and the Caltrans Standard Plans will be used to supplement the Stantec Consulting Services, Inc. Page A-8 18-26 City standard plans. The roadway plans will also include all horizontal and vertical control required to stake and const the new improvements. Roadway Plan Only Sheets (1" = 40') - Newport Coast Drive Roadway plans along Newport Coast Driveway will be plan view only prepared at 1" = 40' scale, "double stacked" with two horizontal lathe layout strips placed on each plan. The plan views will be in a similar format as the Balboa Boulevard plans described above. Roadway Design Sections (Separate Plan Set) - Balboa Boulevard Consultant will 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. Signing and Striping Sheets The signing and striping plans will include signing, striping, pavement markings, painted curb, and traffic signal loop detector replacements for Newport Coast Drive, Balboa Boulevard, and intersecting side streets as required, within the project limits. The plans for Balboa Boulevard will be prepared at 1" = 20' scale and the Newport Coast Drive plans will be prepared at 1" = 40' scale. Both plans will be "double stacked" with two horizontal lathe layout strips placed on each plan. The plans will reinstall or modify existing roadway striping and pavement markings based on markups of the 30 -percent Base Map by City staff. The plans will also include the removal of any conflicting existing striping and pavement markings not obliterated by pavement rehabilitation. The traffic sign work will be based on information gathered during the Signing and Striping Inventory. Where appropriate, existing signs within the project limits may be upgraded and new signs may be proposed to meet current California Manual on Uniform Traffic Control Devices (CA MUTCD) requirements. Sign details will be prepared for all new custom or modified signs. The signing and striping plans will also include repainting of existing painted curb markings, as required, and replacement of impacted traffic signal loop detectors. Special Provisions Consultant will prepare the project provisions based on the 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. Stantec Consulting Services, Inc. Page A-9 18-27 Consultant's experienced staff will thoroughly review and modify the City boilerplate and all relevant sections of the SSPWC to help ensure that the special provisions don't conflict with the improvement plans and convey the design intent of our engineers. The special provisions will be coordinated with our Pavement Report and 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 coordination efforts the contractor is responsible for during construction. This includes all Caltrans encroachment permit requirements and 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. Cost 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 the City to understand overall project costs, and to determine if the available budget requires value engineering. 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 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 the City with accurate project costs throughout the design. As -Built Drawings Consultant will prepare as -built drawings for the project using the City preferred format. They will be based on redlines provided by the City inspector and/ or Contractor and will be supplemented with our own revisions noted during construction. Consultant will provide the City a PDF of the as -built drawings upon completion of construction. Caltrans Encroachment Permit Process Caltrans Encroachment Permit for Traffic Control Implementation (Parent Permit Consultant will process an encroachment permit through Caltrans District 12 for placement of temporary construction traffic control devices within state right -of- way along East Coast Highway, east of Newport Coast Drive. Consultant will prepare and submit, on behalf of the City, a standard encroachment permit application with applicable plans and supporting documents. Consultant assumes that that no physical construction will occur within Caltrans right-of-way, so a Water Pollution Control Program (WPCP) or Design Standard Decision Document (DSDD) are not required. The project encroachment permit application will be submitted to Caltrans as soon as project development allows, Stantec Consulting Services, Inc. Page A-10 18-28 and Consultant anticipates responding to one round of plan check comments. Consultant assumes that the City will be exempt from any permit application fees. Traffic Control Plans for Encroachment Permit Consultant will prepare traffic control plans extending into Caltrans right-of-way along westbound East Coast Highway for the construction of improvements at the Newport Coast Drive intersection. It is anticipated that no more than two phases of traffic control will be required. The traffic control plans will be prepared at 1" = 40' scale, "double - stacked" with two horizontal lathe layout strips placed on each plan. They will be prepared on City title block in accordance with Caltrans standards. The traffic control plans will follow the latest edition of the CA MUTCD and City of Newport Beach guidelines and will show all temporary signs, barricades, channelizers, and any other traffic control devices as necessary to safely accommodate vehicular, pedestrian, and bicycle traffic, and efficient construction. VIII. Task H — Project Management, Progress Meetings, and Coordination Throughout the project, Consultant will communicate our progress, design assumptions, and design challenges with the City. Consultant will also coordinate with other agencies, as required and involve the City in all 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. Consultant will diligently prepare and distribute meeting minutes or records of discussion and allow the City and other attendees to review and comment on these before proceeding further on the design or other project tasks. Upon Notice to Proceed, Consultant 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 30 -percent, 50 -percent, 90 -percent, and 100 - percent submittal packages and up to six (6) additional meetings throughout the design phase. Consultant will develop a comprehensive and specific project work plan and quality control plan, and the project schedule will be updated monthly. Stantec Consulting Services, Inc. Page A-11 18-29 IX. Task I — Construction Support Services Consultant will support the 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 will 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 RFls and shop drawing / submittal reviews. All clarifications will be subject to the construction manager's approval. For the purpose of this proposal, Consultant assumed up to 112 hours for this task. X. Task J - Ground Penetrating Radar Testing and Analysis - Balboa Blvd. If requested by the City, Consultant's team can perform ground penetrating radar (GPR) testing services. Ground penetrating radar testing involves sending radar signals into the pavement and analyzing the generated images to identify AC, AB, and PCC layers and their thicknesses on a continuous basis. The approximate location of underlying concrete can be determined with this type of testing and can be compared to information derived from the as -built plans. GPR testing will be performed in each travel lane (parking and left turn lanes not included). Deliverables will include tabular results and color -coded cross- sectional plots of each lane. Stantec Consulting Services, Inc. Page A-12 18-30 EXHIBIT B SCHEDULE OF BILLING RATES Newport Coast Drive and Balboa Boulevard Pavement Rehabilitation (22R14) C-8728-1 Total Not -To -Exceed Fee: $396,214.00 Consultant's Services shall be provided on a time -and -materials, not -to -exceed basis in accordance with the following Fee Schedule. These billing rates shall apply for the term of the Agreement. Stantec Consulting Services, Inc. Page B-1 18-31 Billing Hourly Description Level Rate Junior Level position 3 $101 J Independently carries out assignments of limited scope using standard procedures, methods and 4 $112 techniques ❑ Assists senior staff in carrying out more advanced procedures 5 $127 ❑ Completed work is reviewed for feasibility and soundness of judgment ❑ Graduate from an appropriate post -secondary program or equivalent ❑ Generally, one to three ears' experience Fully Qualified Professional Position 6 $131 ❑ Carries out assignments requiring general familiarity within a broad field of the respective profession 7 $138 L) Makes decisions by using a combination of standard methods and techniques ❑ Actively participates in planning to ensure the achievement of objectives 8 $14$ U works independently to interpret information and resolve difficulties U Groduote from an appropriate post -secondary program, with credentials or equivalent ❑ Generally, three to six years' experience First Level Supervisor or first complete Level of Specialization 9 $153 ❑ Provides applied professional knowledge and initiative in planning and coordinating work programs 10 $158 ❑ Adapts established guidelines as necessary to address unusual issues ❑ Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of 11 $172 judgment ❑ Graduate from an appropriate post -secondary program, with credentials or equivalent -Z) Generally, five to nine years' experience Highly Specialized Technical Professional or Supervisor of groups of professionals U Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise 12 $181 U Participates in short and long range planning to ensure the achievement of objectives 13 $190 ❑ Makes responsible decisions on all matters, including policy recommendations. work methods, and financial controls associated with large expenditures 14 $200 ❑ Reviews and evaluates technical work ❑ Graduate from an appropriate post-secondory program, with credentials or equivalent ❑ Generally, ten to fifteen ears' ex erience with extensive, broad experience Senior Level Consultant or Management U Recognized as an authority in a specific field with qualifications of significant value 15 $212 ❑ Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise ❑ Independently conceives programs and problems for investigation 16 $234 ❑ Portcipates in discussions to ensure the achievement of program and/or project objectives 17 $241 ❑ Makes responsible decisions on expenditures. including large sums or implementation of major programs and/or projects ❑ Graduate from an appropriate post-secondcry program, with credentials or equivalent ❑ Generally, more than twelve years' experience with extensive experience Senior Level Management under review by Vice President or higher 18 $246 ❑ Recognized as an authority in a specific field with qualifications of significant value ❑ Responsible for long range planning within a specific area of practice or region 19 $256 ❑ Makes decisions which are for reaching and limited only by objectives and policies of the organization 20 $265 ZI Plans/approves projects requiring significant human resources or capital investment ❑ Graduate from an appropriate post -secondary program, with credentials or equivalent 21 $282 ❑ Generally, fifteen years' experience with extensive professional and management experience Crew Size Regular Rate Overtime Rate Survey Crews 1 -Person $185 $225 2 -Person $280 $390 3 -Person $380 $510 Stantec Consulting Services, Inc. Page B-2 18-32 *:,:114 1Ire7 INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Stantec Consulting Services, Inc. Page C-1 18-33 Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: Stantec Consulting Services, Inc. Page C-2 18-34 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 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. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20380413. D. 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. E. 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 Stantec Consulting Services, Inc. Page C-3 18-35 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. F. 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. G. 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. H. 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. 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 18-36