HomeMy WebLinkAbout06 - PSA for the Superior Avenue and Hospital Road Pavement Rehabilitation Project (Project No. 23R14) (Contract No. 8894-1)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
February 28, 2023
Agenda Item No. 6
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: Approval of Professional Services Agreement with Ardurra Group,
Inc. for the Superior Avenue and Hospital Road Pavement
Rehabilitation Project (Project No. 23R14) (Contract No. 8894-1)
ABSTRACT:
As part of the City of Newport Beach's (City's) Pavement Management Plan, Superior
Avenue from West Coast Highway to Placentia Avenue, and Hospital Road from
Placentia Avenue to Newport Boulevard, are scheduled for pavement rehabilitation in
Fiscal Year 2024-25. Staff requests City Council approval to enter into a Professional
Services Agreement with Ardurra Group, Inc. (Ardurra) to prepare the necessary
construction documents for a not -to -exceed fee of $130,000.
RECOMMENDATIONS:
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 Ardurra of Newport Beach for the
Superior Avenue and Hospital Road Pavement Rehabilitation project for a
not -to -exceed amount of $130,000, and authorize the Mayor and City Clerk to execute
the Agreement.
DISCUSSION:
Superior Avenue from West Coast Highway to Placentia Avenue is a primary road with
four travel lanes. Hospital Road from Placentia Avenue to Newport Boulevard is a
secondary road with four travel lanes. Both roads were previously rehabilitated
approximately 17 years ago.
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Approval of Professional Services Agreement with Ardurra Group, Inc. for
the Superior Avenue and Hospital Road Pavement Rehabilitation Project
February 28, 2023
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As part of the City's Pavement Management Plan, Superior Avenue and Hospital Road
are both scheduled for pavement rehabilitation in Fiscal Year 2024-25. To meet this
schedule, construction documents will need to be prepared in the current fiscal year.
Proposed improvements on both roads 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 minor appurtenant items of work.
Staff recently issued a Request for Proposals (RFP) for professional engineering services
and received four proposals for the East Coast Highway and San Miguel Drive Pavement
Rehabilitation project (Project No. 23R11). The design scope of work for the Superior
Avenue and Hospital Road Pavement Rehabilitation project is very similar to Project
No. 23R11. Four proposals were received and reviewed by a three -person technical
panel. The scoring for the proposals is as follows:
PROPOSER
TOTAL SCORE
(Out of 300)
OVERALL
RANK
Stantec Consulting Service, Inc.
290
1
Ardurra Group, Inc.
266
2
Psomas
261
3
DMS Consultants Civil Engineers, Inc.
245
4
On November 15, 2022, the City entered into a Professional Services Agreement with
Stantec Consulting Services, Inc. to prepare the construction documents for the East
Coast Highway and San Miguel Drive Pavement Rehabilitation project. This design effort
is currently underway.
Due to the high quality of proposals received and the similarity of project scope, staff
recommends approving a Professional Services Agreement with Ardurra who was the 211
highest ranked proposer. Ardurra demonstrated that it has the expertise and experience
needed to complete construction documents for pavement rehabilitation projects. In
addition, Ardurra has successfully completed similar projects for other local agencies.
Therefore, staff recommends approving a Professional Services Agreement with Ardurra
to complete the construction documents for the Superior Avenue and Hospital Road
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;
preparation of final construction plans; roadway design cross sections; specifications and
construction cost estimates; construction support services; and preparation of as -built
drawings.
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Approval of Professional Services Agreement with Ardurra Group, Inc. for
the Superior Avenue and Hospital Road Pavement Rehabilitation Project
February 28, 2023
Page 3
FISCAL IMPACT:
The adopted budget includes sufficient funding for this service. It will be expensed to the
Capital Improvement Program (CIP) Neighborhood Enhancement Fund (536) account in
the Public Works Department, 53601-980000-23R14. The Neighborhood Enhancement
Fund is surplus general funds as allocated by City Council policy and is typically used for
projects that enhance neighborhood aesthetics, functionality and improved quality of life.
The consultant's proposed not -to -exceed fee for this service is $130,000.
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.
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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
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ATTACHMENT A
LIMITS OF WORK
SUPERIOR AVENUE AND HOSPITAL ROAD
PAVEMENT REHABILITATION
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-8894-1 23R14 02/28/23
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH ARDURRA GROUP, INC. FOR
SUPERIOR AVENUE AND HOSPITAL ROAD PAVEMENT REHABILITATION
PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 28th day of February, 2023 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and ARDURRA GROUP, INC., a Florida corporation ("Consultant"), whose address on
file with the Secretary of State is 4921 Memorial Highway, Suite 300, Tampa, Florida
33634, with a local address of 3737 Birch Street, Suite 250, Newport Beach, California
92660, 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 consulting services for the Superior
Avenue and Hospital Road Pavement Rehabilitation ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 1, 2025, 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.
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3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Thirty
Thousand Dollars and 001100 ($130,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
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.
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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 Lisette Bice 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. 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
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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
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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.
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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
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
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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
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
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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., Consultani
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
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
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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: Lisette Bice
Ardurra Group, Inc.
3737 Birch Street, Suite 250
Newport Beach, CA 92660
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
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29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 SeverabilitV. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
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ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Ardurra Group, Inc. Page 11
6-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 111
By: , Z/
Aa n C. ar aj4 a3v,.
C y Att rney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date.-
By -
Noah Blom
Mayor
CONSULTANT: Ardurra Group, Inc_, a
Florida corporation
Date-
By -
Lisa Penna
Vice President
Date:
By:
Catherine Cahill
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Ardurra Group, Inc. Page 12
6-16
EXHIBIT
SCOPE OF SERVICES
Ardurra Group, Inc. Page A-1 6-17
EXHIBIT A
SCOPE OF SERVICES
I. Project Understanding
Consultant understands that the City of Newport Beach desires to rehabilitate the roadway segments on
Superior Avenue from East Coast Highway to Placentia Avenue and on Hospital Road from Placentia
Avenue to Newport Boulevard. The scope of work includes rehabilitating the existing asphalt roadway,
reconstructing deteriorated concrete flatwork, driveway reconstruction, curb ramp reconstruction, adjusting
utilities to grade, and pavement striping. Based on a field walk, this project will include the reconstruction
of one (1) ramp at Placentia Avenue and Hospital Road.
Consultant assumes the curb ramps located at the intersection of Superior Avenue and East Coast Highway
are within the Caltrans jurisdiction, however, based on City direction, will be excluded from the
encroachment permit. Consultant has included the ramp design as an optional task in the event Caltrans
requires curb ramp design as part of the encroachment permit. The City has communicated that two
driveways (1433 Barnacle Drive and 1421 Superior Avenue) will require reconstruction. Based on the
existing driveway slope and parkway width, installing an ADA compliant driveway within the City right-of-
way may not be feasible. Additional offsite grading and reconstruction of private property would be required
in order to maintain maximum slopes. Consultant will verify the extent of all offsite improvements and work
with the City for a design that works for both the City and private improvements. All other driveways
improvements are excluded.
The Consultant Team's responsibilities will consist of the following:
• Ground survey necessary for design.
• Concrete flatwork repair, including ADA curb ramp, and sidewalk reconstruction.
• Addressing utility impacts.
• Signing and restriping.
• Plans identifying rehabilitation areas based on visual inspection.
• Review of existing drainage conditions.
• Preparation of quantities and construction cost estimates.
• Obtain encroachment permit for work at East Coast Highway.
Research and Data Collection
Consultant will review the project in the field and take photographs and 360-degree video of constraints
that will impact the proposed design. The photos and videos serve as a reference during design and are
invaluable when discussing issues at meetings.
In addition to the photographs, field reviews will be conducted by the engineering staff to supplement the
information provided by the surveyors. A field review with the City is recommended during the preliminary
design phase to discuss specific design issues, including parkway improvements, the pavement and edge
of roadway conditions, and pavement rehabilitation recommendations.
III. Utility Coordination
Utility coordination will be ongoing throughout the duration of this project and will consist of the following
tasks:
Obtain plans showing location and size of all utility lines and appurtenances, including any
available depth and material information relating to shallow utilities.
Plot utility lines on plans.
Cross check plotted locations above with the topographic survey, and field review
information to ensure that existing lines are shown in the proper location.
As early in the design process as possible, determine where potential utility conflicts exist
and where design or utility modifications are warranted.
Coordinate with affected utility companies regarding conflicts, relocations, and
improvements.
Prepare and maintain a Utility Matrix documenting coordination and correspondence with
each agency.
IV. Design Survey
Consultant's subconsultant, CL Surveying and Mapping (CL), will establish a site -wide network of
horizontal/vertical control to serve as the basis for any subsequent boundary, topographic, or construction
staking surveys that may be required throughout the course of the project. CL will reference the California
Coordinate System of 1983(CCS83) horizontally, and the North American Vertical Datum 1988, vertically.
Consultant will conduct the field measurements necessary to re -trace the centerlines and rights -of -ways
within the project limits. This effort does not constitute a full and complete boundary survey of the adjacent
land parcels. Survey monuments located and indicated on the survey shall be limited to existing, centerline
monuments found to be present along the streets and all associated ties as indicated.
Consultant will perform a field topographic survey to document existing site topography and planimetrics.
Substantial visible improvements will be located within the street right-of-way, including, but not limited to,
surface utilities, streetlights, signs, trees, walls, asphalt berms, concrete curbs, concrete curb and gutters,
curb drains, walkways, mailboxes, flatwork, planters, walls, fencing, striping, fire hydrants, flowlines along
the edge and center of the pavement, under sidewalk drains, sprinklers, utility poles and drain outlets to the
street. Visible indications of surface utilities lying within the project limits will be located, as will accurate
lid/rim elevations for drainage structures present. Street cross sections will be taken at 25-foot intervals
from right-of-way to right-of-way.
V. Signing and Striping Inventory
Consultant will provide field notes of existing signage, including sign type, size, orientation, and condition
of sign. It is assumed that striping will be replaced in kind, and no additional travel lanes or bike lanes will
be included.
VI. Pavement Evaluation
Consultant proposes to use a 2" coldmill and overlay for the proposed pavement rehabilitation method. Full
depth reconstruction will be included in the design based on a visual inspection. The full depth pavement
section will be based on record drawings or projects of a similar nature.
VII. Base Mapping (Preliminary Design, 30% Submittal)
Consultant will prepare a preliminary plan for the pavement rehabilitation and proposed ADA improvements
(sidewalk and ramp reconstruction). The preliminary design will include base mapping items such as
centerline, right-of-way lines, topographic features, existing utility lines, and existing signing and striping. In
addition, Consultant will provide a rough order magnitude engineer's estimate for the proposed
improvements. Consultant will meet with City staff to review the preliminary design, obtain City input, and
modify the preliminary design based on the meeting. Consultant will adjust the scope and limits of the
proposed improvements to match the available construction budget.
Consultant will review the existing drainage condition to ensure that runoff is being captured at existing
catch basins. Review of storm drain infrastructure, sizing and hydraulics will not be included in the
evaluation. A Drainage Memo will be prepared and submitted to the City summarizing our findings.
6-19
Deliverables
• Preliminary Design at 40-scale
• Drainage Memo
Vill. Construction Documents
Based on the outcome of the preliminary design evaluation and feedback, Consultant will prepare the Plans,
Specifications, and Engineer's Estimate (PS&E) of Construction Costs.
Title Sheet, General Notes and Detail Sheet
Consultant will prepare the sheets in conformance with City standards, Standard Plans for Public Works
Construction (SPPWC) standards, and Caltrans standards, as required. Vicinity map, general notes, names
and contact number of utility companies, and typical cross sections, will be included on the sheets. Where
the design cannot be clearly conveyed on the plan sheets, 5-scale construction details will be added.
Plan Sheets
The topographic survey data will be used to create base sheets for the project limits. 40-scale plan sheets
will be prepared showing existing right-of-way, curbs, utilities, hatch patterns for the different types of
construction methods pavement rehabilitation (coldmill and overlay, full depth reconstruction), curb ramps,
curb and gutter reconstruction, and sidewalk reconstruction. Elevations will be denoted in the plan view for
reconstructed curb and gutter where there is uplift or deteriorated concrete. Curb ramp will be called out
per standard plan and no additional design details will be included.
Striping Sheets
Striping plans will be prepared at 40-scale (double stacked) and include proposed striping, curb markings,
traffic loops, and existing striping to remain or to be removed. The plans will also include any new signage
the City would like to include, as well as sign replacement for deficient or damaged signs.
Consultant will complete construction plans consisting of the following plan set:
Title Sheet
1
General Notes
1
Details
1
NOT USED
Street Plans (40-scale)
2
Striping General Notes
1
Striping Plan (40-scale, double stacked)
3
TOTAL
12
Specifications — Special Provisions
Special Provisions will be prepared in conformance with the City of Newport Beach's format and the 2015
SSPWC. Items requiring special attention are anticipated to include parameters needed for the contractor
prepared traffic control plans, protecting existing utilities, identifying the various specific street pavement
criteria, addressing the potential for encountering pavement fabric, and handling hazardous materials, and
guidelines for construction phasing and access to properties during construction.
6-20
Cost Estimate and Quantity Takeoff
Consultant will prepare and submit to the City a detailed engineer's construction cost estimate, in MS Excel
format, including quantities and costs based on the final design. A rough order of magnitude estimate will
be provided during preliminary design and finalized during final design.
Consultant's opinions of probable Construction Costs are to be made based on Consultant's experience
and qualifications and represent our estimate as an experienced and qualified professional generally
familiar with the construction industry. However, based on the volatile pricing environment, and because
Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or
over contractors' methods of determining prices, or over competitive bidding or market conditions,
Consultant cannot and do not guarantee that proposals, bids, or actual Construction Cost will not vary from
opinions of probable Construction Cost prepared. If the City requires greater assurance as to probable
Construction Cost, then it is recommended that the City obtain an independent cost estimate.
Submittals
Consultant will submit PDF copies of PS&E at 60% (no specs), 90%, and 100% design levels to the City
for review and approval.
Caltrans Encroachment Permit
Consultant will prepare and process a Caltrans Encroachment Permit for the proposed improvements for
items such as paving, loops, striping, and ADA-compliant curb ramps adjacent to or within Caltrans right-
of-way along East Coast Highway. As part of the submittal, Consultant will prepare a traffic handling plan
for the left turn pocket located on East Coast Highway. The traffic handling plan will be in support of the
encroachment permit and will not include any traffic handling beyond the Caltrans right-of-way. Consultant
assumes the existing and proposed improvements meet Caltrans minimum standards, and a Design
Standard Decision Document (DSDD) will not be required.
IX. Progress Meetings
Consultant will attend the design kickoff meeting with City staff and three (3) additional meetings through
the design process. Meetings will be attended in person at City Hall.
X. Construction Support and Bid Support Bid Support
Consultant will assist the City with the following bid support services:
• Provide clarification of contract documents, as necessary, during the bidding phase.
• Attend the pre -bid meeting.
Consultant will assist the City with responding to all written requests for clarification and will prepare
addenda if necessary. Fifty-five (55) hours have been allocated for all three construction support tasks.
Consultant will assist the City with the following services:
Provide clarification of contract documents, as necessary, during the construction phase.
Respond to RFIs.
Review submittals, shop drawing, and material certifications, as requested.
Provide engineering assistance related to change order work initiated by the City, as
requested.
After construction, provide as-builts (record drawings) based on the contractor's redline
plans.
XI. Protect Team
6-21
Consultant has assembled a well -qualified, dedicated team that understands the City's needs and that has
teamed on many similar projects. See organization chart below.
Lisa M. Penna, PE, F.ASCE, QSD
ORGANIZATION CHART
I «o++a Ri,a Dr n4m rhiv C n
Optional Tasks for Additional Fee
Curb Ramp Details in Caltrans Right of Way
In the event curb ramp details are required as part of the Caltrans Encroachment Permit, three (3) curb
ramp details will be prepared and will consist of 5-scale details showing elevations, limits of removal and a
transition pad.
Pavement Design and Report
A pavement report will be prepared and will consist of pavement recommendations.
Exclusions
The following items are specifically excluded from Consultant's scope of proposed work based on our
understanding of the project:
• Landscape and Irrigation Plans
• Lighting Plans
• Traffic Control Plans for work outside of Caltrans Right -of -Way
• Traffic Signal Modification Plans
• Utility Relocation Plans
• DSDD Report
• Environmental Permitting
• Community Outreach
• Right of Entry and/or Construction Easement Services
• Drainage Improvements
6-22
Professional Design Services for the Superior Avenue and
Hospital Road Rehabilitation Project
Schedule
City of Newport Beach
City of Newport Beach
i East Coast 1-lighway and Superior Avenu Rehabilitation Project
October 28, 2022
ARDURRA
ID
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DwiWii I
Start I
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1
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414 days?
Tue 2l2W23
Fri 1220124
2
I CITY COUNCIL AWARD
0 days
Tun ,Z12&23
Tue 2128,73
2126
3
NOTICE TO PROCEED (NTP)
1 day
Wed W1.23
fled 1123
NOTICE TO PROCEED (NIP)L
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1 day
Zhu Sr2YG3
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2. RESEARCH AND DATA COLLECTION
5 days
Fn 3f3+23
Thu &W23!
313
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3. TOPOGRAPHIC AND BOUNDARY SURVEY
15 diys
Fn 3tM3
Thu 32323'POGRAPIIIC
AND BOUNDARY SURVEY
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4. UTILITY COORDINATION
90 cyy,
Thu WM3
Wed 76123`
4 UIILITY COORDINATION715
d
5. GEOTECHNfCAL INVESTIGATION & REPORT
45 days
Ihu 3rA.23
Wed 5,W23
ECHNICAL INVESTIGATION & REPORT
9
_ 6. BASE MAPPING (30'fi DESIGN)
62 days
Thu 372123
Fri SR&23
6. BASE MAPPING 130y: DESIGN]526
iD
3's':. PRELIMINARY DESIGN
50 gays
Thu 31'2YG3
Wed 51tW2
SOY. PREUMINARY DESIGN0
I I
-. PRELIVINARY DESIGN SUBMITTAL
1 day
71'u 5111F23
Thu 51t V23
51111
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CI i Y HLVIEW PERIOD
10 cats
Fn 51IZ23
Ihu 5125g3
$112 5125
13
30'., PRELIMINARY DESIGN fAEEI ING
1 day
Fn 5126t23
Fn 512(V2
50% PRELIMINARY DESIGN MEETING 5r26
14 �
7. CONSTRUCTION DOCUMENTS
127 day67
Man 5129123
Tuo I Ir21123
7. CONSTRUCTION DOCUMENTS 11121
15
50'.', SUBMITTAL (PLANS AND ESTIIVAIEI
45 days
Alen 52923
Fri 72B2
S03'. SUBMITTAL (PLANS AND ESTIMATE) 7128
16
SD'.. INTERNAL QC
5 dayi
Aldn 1 3123
Fo 8'42
SO% INTERNAL OC 1&4
17
� Af- SI I411.11I I: I
1 day
Mom &7123
Moo 9'7!2
50% PSBE SUBMITTAL (1 6R
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CITY REVIEW PERIOD
10 dayi
Tuc&W3
Man 821R3
CITY REVIEW PERIOD 6121
It�,
5"' PRELIVANARY MEETING
�8122
DESIGN
1 day?
Tun S722123
Tue &22123
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20
P88E PREPARATION - 90%
20 days
Wdd 812323
Tud 91IT23
PS&E PREPARATION • 905. 9119
21
9,11: INTERNAL QC
5 day*
Wed 9,70LQ3
Tud 91263
90% INTERNAL OC '9r26
PSsF SI1R1.1;TT1.I
1 day
Wed 9r't, 723
Wad 42Y23
90% PSA£ SUBMITTAL 4)�9127
23
CITY REVIEW PERIOD
10 days
Thu 412823
Wed IQr1123
CITY REVIEW PERIOD .1&11
I
24 I
CALTRANS PERMITTING
60 days
Tuu 82223
Mon 1111323
CALIRANS PERA11T7ING 11113
25
PSSE PREPARATION. 1C0%
25 ddys
Thu f0112123
Wetl 1111&73
PSSF PREPARATION- 1001/. 11115
26
100',, INTERNAL OC
3 days
Tra1 1 t116f23
Mon I I2OQ
100% INTERNAL QC 20
27
t_,-- I NAL SUUVI I IAA
1 day
Tun 11OW23
Tue 11Q,,7
100%FINAL SUUh11TTAL 1 in
2tl
a. CITY COUNCIL AWARD OF CONTRACT
20 day6
Tud 1112IQ3
Mai IWI&23
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9. CONSTRUCTION
4 rnong
Mon 92124
Fn I MG124
101page
ARDURRA 6-23
EXHIBIT B
SCHEDULE OF BILLING RATES
Title
Hourly Rate
Quality Assurance (QA)/
Quality Control QC
$205.00
Project Management
$220.00
Project Engineer
$140.00
Designer
$120.00
CADD Technician
$105.00
Total Contract Not -To -Exceed: $130,000.00
Ardurra Group, Inc. Page B-1 6-24
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.
Ardurra Group, Inc. Page C-1 6-25
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
Ardurra Group, Inc. Page C-2 6-26
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
20 38 04 13.
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
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-
Ardurra Group, Inc. Page C-3 6-27
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.
Ardurra Group, Inc. Page C-4 6-28