HomeMy WebLinkAboutC-8279-1 - PSA for Arches Diversion Project - Design and PermittingS
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AMENDMENT NO. SIX TO
CIO PROFESSIONAL SERVICES AGREEMENT
V WITH STANTEC CONSULTING SERVICES INC. FOR
ARCHES DIVERSION PROJECT — DESIGN AND PERMITTING
THIS AMENDMENT NO. SIX TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Six") is made and entered into as of this 31st day of December, 2020
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES
INC., a New York Corporation ("Consultant"), whose address is 38 Technology, Suite
100, Irvine, California 92618, and is made with reference to the following:
RECITALS
A. On November 22, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide a field survey, construction documents, storm
drain easement, permit applications and perform flow and water quality monitoring
services for the Arches Storm Drain Weather Diversion Project ("Project").
B On September 7, 2018, City and Consultant entered into Amendment No. One to
the Agreement to reflect additional Services not previously included in the
Agreement, extend the term of the Agreement to December 31, 2020, to increase
the total compensation, and to update the "Notices" section of the Agreement.
C. On December 12, 2018, City and Consultant entered into Amendment No. Two to
the Agreement to reflect additional Services not previously included in the
Agreement, and to increase the total compensation.
On June 20, 2019, City and Consultant entered into Amendment No. Three to the
Agreement to reflect additional Services not previously included in the Agreement,
and to increase the total compensation.
E. On January 14, 2020, City and Consultant entered into Amendment No. Four to
the Agreement to reflect additional Services not previously included in the
Agreement, and to increase the total compensation.
F. On June 15, 2020, City and Consultant entered into Amendment No. Five to the
Agreement to amend the Insurance section of the Agreement, and to increase the
total compensation.
G The parties desire to enter into this Amendment No. Six extend the term of the
Agreement to November 19, 2021.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on November 19, 2021, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Six to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTQrNEY'S _OFFICE
Date: ( � r L .31 )
4r6n C. Harp
City Attorney
ATTEST:
Date: C-215, 01I
5 JL
F&I I f j W4
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: Yw
G c . Leung
Chv-Tanager
CONSULTANT: Stantec Consulting
Services Inc., a New York Corporation
Date:
Signed in Counterpart
By:_
Dave Elwell
Vice President
Date:
By -
Signed in Counterpart
Jeffery P. Stone
Assistant Secretary
[END OF SIGNATURES]
Stantec Consulting Services Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Six to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: S' r L a ij
By: -- c
Ka-r6n C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:_
Grace K. Leung
City Manager
CONSULTANT: Stantec Consulting
Services Inc., a New York Corporation
Date: 1 /28/2021
f
OQ
By: _
Dave Elwell
Vice President
x.71
Dat:e:1 /97ong 1
' Lfa ]aCir[#r -
el s1
rey P. Stone
istant Secretary
TURES]
Stantec Consulting Services Inc. Page 3
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(JJ AMENDMENT NO. FIVE TO
PROFESSIONAL SERVICES AGREEMENT
CJ WITH STANTEC CONSULTING SERVICES, INC. FOR
ARCHES DIVERSION PROJECT — DESIGN AND PERMITTING
THIS AMENDMENT NO. FIVE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Five") is made and entered into as of this 15th day of June, 2020
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES,
INC., a New York Corporation ("Consultant'), whose address is 38 Technology, Suite
100, Irvine, California 92618, and is made with reference to the following:
RECITALS
A. On November 22, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement') to provide a field survey, construction documents, storm
drain easement, permit applications and perform flow and water quality monitoring
services for the Arches Storm Drain Weather Diversion Project ("Project').
B. On September 7, 2018, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional Services not
previously included in the Agreement, extend the term of the Agreement to
December 31, 2020, to increase the total compensation, and to update the
"Notices" section of the Agreement.
C. On December 12, 2018, City and Consultant entered into Amendment No. Two to
the Agreement ("Amendment No. Two") to reflect additional Services not
previously included in the Agreement, and to increase the total compensation.
D. On June 20, 2019, City and Consultant entered into Amendment No. Three to the
Agreement ("Amendment No. Three") to reflect additional Services not previously
included in the Agreement, and to increase the total compensation.
E. On January 14, 2020, City and Consultant entered into Amendment No. Four to
the Agreement ("Amendment No. Four") to reflect additional Services not
previously included in the Agreement, and to increase the total compensation.
F. The parties desire to enter into this Amendment No. Five to reflect additional
Services not included in the Agreement, as amended, to amend the Insurance
section of the Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to
Amendment No. Two, Exhibit A to Amendment No. Three, Exhibit A to Amendment No.
Four and Exhibit A to this Amendment No. Five, shall collectively be known as "Exhibit
A." The City may elect to delete certain Services within the Scope of Services at its sole
discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One,
Exhibit B to Amendment No. Two, Exhibit B to Amendment No. Three, Exhibit B to
Amendment No. Four and Exhibit B to this Amendment No. Five, shall collectively be
known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Eighty
Four Thousand Eight Hundred Eighty Six Dollars and 00/100 ($384,886.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Five,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Thirty Seven Thousand Five Hundred Dollars and 00/100 ($37,500.00).
3. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Section 5(A) of Exhibit C of the Agreement is amended in its entirety and replaced
with the following: "Evidence of Insurance. Contractor 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, Contractor 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
Stantec Consulting Services, Inc. Page 2
through another insurance company or companies. City reserves the right to require
complete, certified copies of all required insurance policies, at any time."
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Five to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: r 202y Date:
By: By:
Aaron C. Harp atw + ac ra a K. Leung
hof' City Attorney C Manager
ATTEST: Q /� CONSULTANT: Stantec Consulting
Date: o OL��� Services, Inc., a New York Corporation
Date:
By: By:
Signed in Counterpart
� �
Leilani I. Brown Eric Nielson
City Clerk Executive Vice President
By: Signed in Counterpart
Jeffery P. Stone
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 4
DocuSign Envelope ID: 3499F2CB-CC07-4E10-83F0-23AB6F027665
IN WITNESS WHEREOF, the parties have caused this Amendment No. Five to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATT EY'S OFFICE a California municipal corporation
Date: wzo to Date:
By: �— By:
Aaron C. Harp Wko to, y•u Grace K. Leung
0r' City Attorney City Manager
ATTEST: CONSULTANT: Stantec Consulting
Date: Service�/llsn/oA New York Corporation
Date:
DocuSlgned by:
By: By: �av< cwt l(
Leilani I. Brown Eric lb°MW b e ...
City Clerk Executive Vice President
Date: 6/17/2020
r�'Dolcuuftned by:
By: I .�IrW'f SWj'
Je e—jP'° f8ffb
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 4
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide the following Services
1. Construction Support Services
Provide construction support services as requested by the City at the Old Newport
Boulevard Diversion and the HOAG Road Diversion Projects. These services may
include, but are not limited to, participation in pre -construction meeting and on-site
meetings, responding to requests for information ("RFI"s); review of shop drawings and
material submittals; and prepare record drawings for the Old Newport Boulevard
Diversion and the HOAG Road Diversion Projects. The record drawings will reflect field
revisions and in-place improvements as noted in the Contractor as -built plans. This task
assumes 162 man-hours of Consultant's staff time for purposes of providing construction
support services and reimbursable travel expenses of $150.
2. Biological Services
Perform pre -construction biological survey within three (3) days prior to ground -disturbing
activity and subsequent monitoring during construction as required in accordance with
bird protection regulations (e.g. Federal Migratory Bird Treaty Act and bird protections
under the California Fish and Game Code) and Caltrans Encroachment Permit
requirements. Consultant's team includes qualified biologists to identify nesting birds and
determine the level of work that can occur without impact or establish a no -work buffer as
required depending on the species of bird.
3. Post Construction Monitoring
Perform post project effectiveness assessment monitoring to verify the anticipated
bacteria reductions are achieved by the two diversion sites. In accordance with the
Monitoring Plan, install monitoring equipment, measure flow, and collect samples over a
1 week period. Perform laboratory testing and analyses to establish data for comparison
of post project flows and FIB concentrations to baseline data determined in the pre -project
monitoring.
Consultant's team will include subconsultant Dr. Donna Ferguson, who led the Bacteria
Source Studies for the Arches Drainage to review and analyze the data. The results of
the post project monitoring, sampling, and testing will be evaluated and summarized in
the Draft BMP Effectiveness Assessment Report ("BMP Report") under a separate
existing task.
Stantec Consulting Services, Inc. Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
Construction Support Services
$25,000.00
Biological Services
$2,500.00
Post Project Monitoring
$10,000.00
Total Not to Exceed Amount of Amendment No. Five
$37,500.00
Stantec Consulting Services, Inc. Page B-1
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Thursday, August 13, 2020 5:37 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number FV00000181
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000181 Stantec Consulting Services
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
4iJ AMENDMENT NO. FOUR TO
V PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES, INC. FOR
ARCHES DIVERSION PROJECT — DESIGN AND PERMITTING
THIS AMENDMENT NO. FOUR TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Four") is made and entered into as of this 14th day of January, 2020
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES,
INC., a New Yolk Corporation ("Consultant"), whose address is 38 Technology, Suite
100, Irvine, California 92618, and is made with reference to the following:
RECITALS
A. On November 22, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide a field survey, construction documents, storm
drain easement, permit applications and perform flow and water quality monitoring
services for the Arches Storm Drain Weather Diversion Project ("Project").
B. On September 7, 2018, City and Consultant entered into Amendment No. One
("Amendment No. One") to the Agreement to reflect additional Services not
previously included in the Agreement, extend the term of the Agreement to
December 31, 2020, to increase the total compensation, and to update the
"Notices" section of the Agreement.
C. On December 12, 2018, City and Consultant entered into Amendment No. Two
("Amendment No. Two") to the Agreement to reflect additional Services not
previously included in the Agreement, and to increase the total compensation.
D. On June 20, 2019, City and Consultant entered into Amendment No. Three
("Amendment No. Three") to the Agreement to reflect additional Services not
previously included in the Agreement, and to increase the total compensation.
E. The parties desire to enter into this Amendment No. Four to reflect additional
Services not included in the Agreement, as amended, and to increase the total
compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows. -
1 .
ollows:1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to
Amendment No. Two, Exhibit A to Amendment No. Three and Exhibit A to this
Amendment No. Four, shall collectively be known as "Exhibit A." The City may elect to
delete certain Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One,
Exhibit B to Amendment No. Two, Exhibit B to Amendment No. Three and Exhibit B to
this Amendment No. Four, shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Forty
Seven Thousand Three Hundred Eighty Six Dollars and 00/100 ($347,386.00),
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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Four,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Thirty Five Thousand Two Hundred Dollars and 00/100 ($35,200.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Z of q
By: I& 4,Q.;
,F,,,.Aaron C. Harp AW 17..1t-Iq
City Attorney
ATTEST:
Date: A. I. AD
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: %zo
By: :� C i
Will O'Neill
Mayor
CONSULTANT: Stantec Consulting
Services, Inc., a New York Corporation
Date:
By: Signed in Counterpart
Eric Nielson
Executive Vice President
Date:
Signed in Counterpart
Jeffery P. Stone
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Four to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 1 z / I Z/ 2 0l CA
By: l �
,,(.Aaron C. Harp AW �z
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT: Stantec Consulting
Services Inc., a New York Porporation
Date / 1,f) /
Eric
Executive Vice President
Date: l 1-3,1 111ou
By: P4�� 1
Jeffery P. -Store
Assistant Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
1. Additional Plan Revisions and Supporting Documents
Consultant shall provide additional engineering services, including additional coordination
and research to add a larger site plan showing Caltrans Right -of -Way ("R/W") and
alternate power source at Old Newport Boulevard ("ONB"), add two (2) new manhole
bases with sump details, incorporate applicable precast products by Jensen and Eisel,
prepare three (3) new trash rack details, make revisions to the cleanout and control box
detail for the test meter installation and flow meter calibration process, add provisions for
future Supervisory Control and Data Acquisition ("SCADA") expansion, specify Myers
Cabinets for enhanced security, and revise the electrical plans to reflect an alternate
power source at ONB site, the new cabinets, and revised site layouts.
Consultant shall assist in the coordination efforts for and preparation of the Caltrans
Encroachment Permit ("EP") application, the supporting documents transfer, and EP
cover letter. Prepare a Hydrology and Hydraulics Memo with supporting calculations and
exhibits for inclusion with the EP application. Prepare supporting pothole information with
a summary exhibit for inclusion with the EP package. Consultant shall update the Water
Pollution Control Program ("WPCP") and Water Pollution Control Drawings ("WPCD") to
match revisions to the ONB site layout.
2. SCADA Meeting, Coordination, Specifications
Consultant shall attend coordination meetings with City staff to review remote sensing
and control system options, including but not limited to, SCADA Systems. Review SCADA
System specifications and coordinate with the City and the City's SCADA consultant, to
review and incorporate the necessary specifications, product data, and control narrative
by XiO into the respective Project Technical Appendices for each diversion site.
3. Civil, Electrical, & Traffic Plan Revisions
Consultant shall prepare final civil and electrical plans and specifications for the proposed
ONB and Hoag sites with SCADA system integration. Update civil and electrical base
files to incorporate SCADA components and references. Implement City markups
received on the 99% submittal package including but not limited to ONB cabinet relocation
with access paving, revise elbows to sweeps, show additional conduit runs and spare
conduits, verify cabinet size and specification for expanded SCADA equipment, provide
additional coordination with Grating Pacific to revise diversion grate detail for drop in
configuration, modify grate connection details, and obtain new quotes, and coordinate
and revise Hoag plans to reflect power supply and maintenance conditions of the pending
Agreement
As requested by Caltrans EP review, Consultant shall revise the Traffic Control Plan for
ONB to expand the closure to include the northbound shoulder of Newport Blvd.
Consultant shall also define the necessary Temporary Pedestrian Access Route ("TPAR")
with references to the appropriate Caltrans Standard Plan. As requested by Hoag
Hospital for planning and public safety, Consultant shall prepare a Traffic Control Plan to
define appropriate flagging and signage on Hoag Road.
Stantec Consulting Services, Inc. Page A-1
This task includes two (2) submittals of the final ONB and Hoag sites with SCADA system
integration with one (1) round of review, coordination, and incorporation of minor
comments from the City, and one (1) resubmittal as required to complete the Project
design phase.
4. Caltrans Encroachment Permit Comment Incorporation & Processing
Consultant shall review and incorporation of significant comments from Caltrans EP
review at the ONB site. Prepare a formal response comments letter. Assemble
referenced supporting informational attachments including structural calculations, product
information, technical specifications, geotechnical report, standard plans, etc. Among
other plan revisions, Consultant shall provide additional general notes for contaminated
soils and test water disposal, dewatering and shoring requirements, references to
Occupational Safety and Health Administration ("OSHA") and Caltrans specifications for
trenching, paving, and site repairs, improved RIVV definition, perform structural
calculations for wetwell vertical stability, evaluation of cast -in-place ("CIP") wetwell invert
slab, and assessment of CIP Reinforced Concrete Box ("RCB") access shaft support
collar.
This task includes two (2) submittals of the final ONB site with SCADA system integration
with one (1) round of review, coordination, and incorporation of minor comments from
Caltrans, and one (1) resubmittal as required to complete the Project design phase.
5. Additional Project Management, Coordination, and Meetings
This task covers project management and coordination time to complete the Project. This
task provides twenty (20) hours of Consultant manager time to recover attendance at
Project presentation meetings and additional meetings - three (3) meetings total - with
City staff and maintenance personnel.
Assumptions & Exclusions
The following assumptions are made with regard to this scope of work.
• Project specific Landscaping and Irrigation plans are not required to obtain a
Caltrans EP or to complete the work at the ONB Diversion Site. The current plans
incorporate and direct the Contractor to modify, maintain, and reestablish
landscaping and irrigation as defined in the recent OCSD, Project No. 06-17,
District 6 Trunk Sewer Relief Project.
• Project specific Landscaping and Irrigation plans are not required for the relocated
Hoag Diversion Site. The previous landscaping and irrigation plans will be
removed and replaced with landscaping and irrigation notes directing the
Contractor to modify, maintain, and reestablish existing landscaping and irrigation
to equal or better condition.
Stantec Consulting Services, Inca Page A-2
EXHIBIT B
SCHEDULE OF BILLING RATES
Additional Plan Revisions and Supporting Documents
$91700.00
SCADA Meeting, Coordination, Specifications
$3,400.00
Civil, Electrical, & Traffic Plan Revisions
$121200.00
Caltrans Encroachment Permit Comment Incorporation &
Processing
$6,300.00
Additional Project Management, Coordination, and
Meetings
$3,600.00
Total Not to Exceed Amount of Amendment No. Four
$35,200.00
Stantec Consulting Services, Inc. Page B-1
N
00
AMENDMENT NO. THREE TO
PROFESSIONAL SERVICES AGREEMENT
V WITH STANTEC CONSULTING SERVICES, INC. FOR
ARCHES DIVERSION PROJECT — DESIGN AND PERMITTING
THIS AMENDMENT NO. THREE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Three") is made and entered into as of this 20th day of June, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City'), and STANTEC CONSULTING SERVICES,
INC., a New York Corporation ("Consultant'), whose address is 38 Technology, Irvine,
California 92618, and is made with reference to the following:
RECITALS
A. On November 22, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement') to provide a field survey, construction documents, storm
drain easements, permit applications and perform flow and water quality
monitoring services for the Arches Storm Drain Dry Weather Diversion Project
("Project').
B. On September 7, 2018, City and Consultant entered into Amendment No. One
("Amendment No. One") to reflect additional Services not included in the
Agreement, to extend the term of the Agreement to December 31, 2020, to
increase the total compensation and to update the "Notices" section of the
Agreement.
C. On December 12, 2018, City and Consultant entered into Amendment No. Two
("Amendment No Two") to reflect additional Services not included in the
Agreement and to increase the total compensation to Consultant.
D. The parties desire to enter into this Amendment No. Three to reflect additional
Services not included in the Agreement, and to increase the total compensation to
Consultant.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, Exhibit A to
Amendment Two and Exhibit A to this Amendment No. Three, shall collectively be known
as "Exhibit A." The City may elect to delete certain Services within the Scope of Services
at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One,
Exhibit B to Amendment No. Two and Exhibit B to this Amendment No. Three, shall
collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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 Twelve
Thousand One Hundred Eighty Six Dollars and 00/100 ($312,186.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Three,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Fourteen Thousand Nine Hundred Dollars and 00/100 ($14,900.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR/NEY'S OFFICE
Date: (p( tag Otq
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: q -to -/ -,)
By: 1 (w i w By:
FVC: Aaron C. Harp MW (P -m -i9 G/a96 K.Leung
City Attorney Manager
ATTEST: �,�
Date:
By: dft�
bWi16'-
Leilani I. Brown
City Clerk
CONSULTANT: Stantec Consulting
Services, Inc., a New York Corporation
Date:
Signed in Counterpart
Bv:
Eric Nielson
Executive Vice President
Date:
M
Signed in Counterpart
Jeffery P. Stone
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: !01/ma 2o1H
By:�riw
fbr: Aaron C. Harp ' e-1-1•19
City Attorney
ATTEST:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Grace R. Leung
City Manager
CONSULTANT: Stantec Consulting
Services Inc., a New York Corporation
D
V
Eric�lTetsron�ri%/c �m.
Executive Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
1. Alternative Diversion Structure Evaluation, Coordination, & Meetings
Consultant has provided additional engineering services to evaluate alternatives and
present modifications to the current diversion structure concept to minimize the footprint, facilitate
installation and maintenance, and reduce construction cost. This task covers Consultant
attendance at field meetings with City staff and maintenance personnel, reviewing vactor access
constraints, providing preliminary layout, detailing, and cost estimates for alternative diversion
configurations, including meeting with Caltrans.
2. Final Diversion Structure Layout, Detailing, & Coordination
Based on the information received from Caltrans and subsequent discussions with City
staff, Consultant will research and coordinate with Jensen for precast product availability to further
define the alternatives. The task includes coordination with the City to review and define the final
customized solutions for each site including removal limits and connection detailing, application
of precast products and cast -in-place construction, provisions for diversion curbs, manual shutoff
valves, storm detection and bypass, access covers, shafting, gratings, shelfs, sump areas, and
monitoring sampling ports.
3. HOAG Site Relocation and Maintenance Access Revisions
Develop final civil and electrical layout for the proposed relocated HOAG Diversion Site.
Review existing conditions, survey data, and available sewer and storm drain as -built information
as required to reorient the diversion structure, diversion line, miscellaneous appurtenances, and
establish a new discharge connection to the existing City sewer manhole. Delineate new project
footprint, construction impact limits, and construction zone. Identify and detail curb and gutter
replacements, PCC paved access area, and AC trench repairs.
Consultant will develop revised plans, profiles, construction notes, details for the relocated
HOAG Diversion Site. The revised plans will include a new site plan, plan detail, profiles,
reconfigured diversion structure, electrical plan, and miscellaneous new construction details to
define removals, new PCC paving, replacement curb & gutter, and AC trench resurfacing.
Consultant anticipates significant changes to six (6) sheets and revisions to the specification
package as required. This task includes two submittals with one round of review, coordination,
and incorporation of minor comments from the City and one resubmittal as required.
4. Old Newport Blvd Site Reconfiguration & Maintenance Access Revision
Reconfigure, redesign, and revise the final civil and electrical drawings, details, and
construction notes to reduce impacts to existing Caltrans facilities, introduce a new separate wet
well within pump equipment, and provide improved maintenance access for the City's vactor truck.
Review existing site constraints including trees and slope grades to minimize impacts to existing
grading, landscaping, and irrigation. Detail removal and replacement of PCC paving and curb and
gutter around new wet well. Modify project footprint, construction impact limits, and construction
zone as required. Consultant anticipates significant changes to six (6) sheets and revisions to the
specification package as required. This task includes two submittals with one round of review,
coordination, and incorporation of minor comments from the City and one resubmittal as required.
Stantec Consulting Services, Inc. Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
Alternative Diversion Structure Evaluation & Coordination .............................. $ 2,800
2. Final Diversion Structure Layout, Detailing, & Coordination ............................ $ 2,800
3. HOAG Site Relocation & Maintenance Access Revisions .............................. $ 4,800
4. Old Newport Blvd Site Reconfiguration & Maintenance Access Revisions .......... $ 4,500
Total $ 14,900
Stantec Consulting Services, Inc. Page B-1
AMENDMENT N0. TWO TO
PROFESSIONAL SERVICES AGREEMENT
J WITH STANTEC CONSULTING SERVICES, INC. FOR
ARCHES DIVERSION PROJECT — DESIGN AND PERMITTING
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 12th day of December, 2018
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES,
INC., a New York Corporation ("Consultant'), whose address is 38 Technology, Irvine,
California 92618, and is made with reference to the following:
RECITALS
A. On November 22, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement') to provide a field survey, construction documents, storm
drain easements, permit applications and perform flow and water quality
monitoring services for the Arches Storm Drain Dry Weather Diversion Project
("Project').
B. On September 7, 2018, City and Consultant entered into Amendment No. One
("Amendment No. One") to reflect additional Services not included in the
Agreement, to extend the term of the Agreement to December 31, 2020, to
increase the total compensation and to update the "Notices" section of the
Agreement.
C. The parties desire to enter into this Amendment No. Two to reflect additional
Services not included in the Agreement, and to increase the total compensation to
Consultant.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A
to this Amendment No. Two, shall collectively be known as "Exhibit A." The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement, Exhibit B to Amendment No. One,
and Exhibit B to this Amendment No. Two, shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Ninety
Seven Thousand Two Hundred Eighty Six Dollars and 00/100 ($297,286.00), 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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Nineteen Thousand Five Hundred Dollars and 00/100 ($19,500.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: 124/16
By: Q -d& yc t
Aaron C. Harp
City Attorney
ATTEST: //7
Date: p��•I
��:Iillll� ••� %11L�City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: /L/6 -S
By:
Gr K Leung
C y Manager
CONSULTANT: Stantec Consulting
Services, Inc., a New York Corporation
Date:
Signed in Counterpart
By:
Eric Nielson
Executive Vice President
Signed in Counterpart
By:
Jeffery P. Stone
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 12-16112,618
By:
Fo0aron C. Harp ^"^' %1-6-ke
City Attorney
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace R. Leung
City Manager
CONSULTANT: Stantec Consulting
Services, Inc., a New.York Corporation
D
Eric-Nie6e4W/e-he .,
Executive Vice President
Assistant Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc.
Page 3
EXHIBIT A
SCOPE OF SERVICES
Shoring Design Plans and Specifications
This task provides for the preparation of structural analyses of shoring required for
the excavation around the existing sewer manhole and storm drain structures. The
analyses will be prepared in accordance with Caltrans criteria and will use the
recommendations stated in the available geotechnical report prepared for the
recent construction of the existing sewer manhole. The results of the analyses will
be used to prepare plans, details and specifications for the shoring for inclusion in
the project plans. This task also includes submittal of the plans to Caltrans for
review and approval.
2. Traffic Control Plan ('TCP")
A portion of the project may affect traffic within Newport Blvd. As such, Caltrans
has requested that a traffic control plan be prepared for the management of traffic
flow around the construction site. This task provides for the preparation of a TCP.
It is anticipated that the TCP will require the addition of up to two sheets of plans
to our Project plan set. The traffic control plan will be prepared in accordance with
City and Caltrans criteria. This task also includes submittal of the TCP to Caltrans
for review and approval.
3. Water Pollution Control Program ("WPCP")
This task provides for the preparation of a water pollution control plan as defined
by Caltrans. The WPCP will be prepared in accordance with Caltrans
requirements and format and will include the necessary Erosion Control Plan. The
WPCP requirements will be incorporated into the Project specifications. This task
also includes submittal of the WPCP to Caltrans for review and approval.
Stantec Consulting Services, Inc.
Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
Shoring Design Plans and Specifications
2. Traffic Control Plan ('TCP")
3. Water Pollution Control Program ("WPCP")
TOTAL ADDITIONAL FEES:
TOTAL NOT TO EXCEED AMOUNT:
Stantec Consulting Services, Inc.
$7,500.00
$5,500.00
$6,500.00
$19,500.00
$297,286.00
Page B-1
Cs -
N
00 AMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
V WITH STANTEC CONSULTING SERVICES, INC. FOR
ARCHES DIVERSION PROJECT — DESIGN AND PERMITTING
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 7th day of September, 2018
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES,
INC., a New York Corporation ("Consultant'), whose address is 38 Technology, Irvine,
CA 92618, and is made with reference to the following:
RECITALS
A. On November 22, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement') to provide a field survey, construction documents, storm
drain easements, permit applications and perform flow and water quality
monitoring services for the Arches Storm Drain Dry Weather Diversion Project
('Project').
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
December 31, 2020, to increase the total compensation and to update the
"Notices" section of the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2020, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to Amendment No. One
shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Seventy
Seven Thousand Seven Hundred Eighty Six Dollars and 00/100 ($277,786.00),
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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Twenty Eight Thousand Dollars and 00/100 ($28,000.00).
4. NOTICES
Section 26.3 of the Agreement is amended in its entirety and replaced with the
following: "26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Dan Villines
Stantec Consulting Services, Inc.
38 Technology
Irvine, CA 92618"
5. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT�OIRNffS OFFICE
Date: Zom
By:
Foe:Aaron C. Harp µ a•4 •{9
City Attorney
ATTEST:
Date: Ift 93
By: 06mr
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Gr c . Leung
Ci anager
CONSULTANT: Stantec Consulting
Services, Inc., a New York Corporation
Date:
Signed in Counterpart
By
Eric Nielson
Executive Vice President
Date:
By: Signed in Counterpart
Jeffery P. Stone
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO N Y'S OFFICE
Date: 9 1,5.1 zo I `3
By: a.L '
Fae:Aaron C. Harp
City Attorney
ATTEST:
Date:
2-1
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace R. Leung
City Manager
CONSULTANT: Stantec Consulting
Services, Inc,, a. New York Corporation
Executive Vice President
Date: I I 111 (g/
Je P. St ne
Assistant Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
1. Plan Revisions, Two Diversion Sites
Consultant shall revise the plans for the two proposed diversion structures to
accommodate pumped diversions. It is assumed that the existing profiles outside
of the diversion structures will not change and will remain as presently designed.
It is anticipated that the diversion structures will need to be deeper to
accommodate a larger volume of inflow. The increase in volume will serve to
minimize pumping cycles and reduce operational stresses on the pumps. This
task includes selecting pumps and operational controls that will be compatible with
the diversions; revisions to the plan and detail sheets; and the incorporation of
electrical sheets showing the location for electrical connections for pump operation
for each diversion. It is anticipated that one set of comments from the City and
OCSD will be incorporated into the plans prior to plan approval. In all, two
additional sheets shall be added, and six existing sheets will be revised as a part
of this task.
2. Specification Revisions, Two Diversion Sites
Consultant shall revise the Project specifications to include installation and
construction requirements for the pump and pump controls. This task includes
revisions to the bid package for each diversion site. Revisions shall also be made
to the bid items to reflect the pump, pump controls, and electrical connection work
by the contractor.
3. Updates to Construction Cost Opinions
Consultant shall revise the quantity estimates for each diversion site to reflect the
changes to the diversion structures, the addition of the pumps and pump controls,
and the establishment of an electrical connection for each pump. Once the
quantity estimates are updated, Consultant shall update the opinion of probable
construction cost for each diversion site consistent with the bid items included in
the bid package.
4. Coordination and Meetings
This task provides a budget for additional meetings and coordination activities
between Consultant, City, and OCSD. These activities shall include reviewing
comments, discussing alternatives, and obtaining plan approvals. This task
provides for approximately 24 hours for participation in meeting and coordination
activities.
Stantec Consulting Services, Inc. Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
1. Plan Revisions, Two Diversion Sites
2. Specification Revisions, Two Diversion Sites
3. Updates to Construction Cost Opinions
4. Coordination and Meetings
TOTAL ADDITIONAL FEES
$15,500.00
$4,500.00
$3,000.00
$5,000.00
C. :111 11
Stantec Consulting Services, Inc. Page B-1
PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES, INC. FOR
ARCHES DIVERSION PROJECT — DESIGN AND PERMITTING
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 22nd day of November, 2016 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and STANTEC CONSULTING SERVICES, INC., a New York Corporation
("Consultant"), whose address is 46 Discovery, Suite 250, Irvine, CA 92618, and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide a field survey, construction
documents, storm drain easements, permit applications and perform flow and
water quality monitoring services for the Arches Storm Drain Dry Weather
Diversion 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:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services'
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Two Hundred
Forty Nine Thousand Seven Hundred Eighty Six Dollars and 00/100 ($249,786.00),
without prior written authorization from City. No billing rate changes shall be made
during the term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
Stantec Consulting Services, Inc. Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Dan Villines to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
Stantec Consulting Services, Inc. Page 3
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this (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
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
Stantec Consulting Services, Inc. Page 5
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
orjoint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. 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.
Stantec Consulting Services, Inc. Page 6
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CADD data;
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
Stantec Consulting Services, Inc. Page 7
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
Stantec Consulting Services, Inc. Page 8
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Dan Villines
Stantec Consulting Services, Inc.
46 Discovery, Suite 250
Irvine, CA 92618
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
Stantec Consulting Services, Inc. Page 9
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
If any of the Work contemplated under the Agreement is considered a "public
work", pursuant to the applicable provisions of the Labor Code of the State of California,
including but not limited to Section 1720 et seq., not less than the general prevailing
rate of per diem wages including legal holidays and overtime Work for each craft or type
of workman shall be paid to all workmen employed on such. 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 Contractor 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 Contractor 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.
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.
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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 Controllinq Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
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.
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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
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: 11 101 I V
By: !C/'V \ V�/
Aaron C. Harp a
City Attorney
ATTEST:
Date:
e� h &- jBy:
Leilani . Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
D' ne B. Dixon
Mayor
CONSULTANT: Stantec Consulting
Services, Inc., a New York Corporation
Date:
Signed in Counterpart
By:
Eric Nielson
Executive Vice President
Date:
Signed in Counterpart
By:
Jeffery P. Stone
Assistant Secretary
[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
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: I I I J�110
CITY OF NEWPORT BEACH,
a California municipal corporation
By:/' IA By:
Aaron C. Harp r a Diane B. Dixon
City Attorney Mayor
ATTEST:
Date:
la
CONSULTANT: Stantec Consulting
Se;v<557,es, c., a New York Corporation
Leilani I. Brown Eric Nielsefr
City Clerk Executive Vice President
Date: �Q
B 'J
Y�
Jeffery . Sto e
Assistant Secretary
[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
Stantec Consulting Services, Inc. Page A-1
Scope -of -Work
1. Field Survey
Stantec will research, compile and review existing survey control and mapping data from the City and County
sources. Stantec field crews will establish control and gather field data required for the preparation of topographic
maps of the two diversion sites. Mapped survey data will then be compiled by Stantec staff to create a project site
topography map at a scale of 1"= 40' with 1 -foot contours. Field crews will also be used to survey the location of
key features visible within the project limits including dipping storm drain and sewer manholes. These features will
be depicted on the final topography map of the project site.
Right-of-way limits will be included the map based on the subdivision and; or title information obtained by Stantec.
Visible features along the alignment that could possibly be affected by construction activities will be recorded. A
field review by Stantec's project manager will follow the preparation of the topographic mapping to clarify any
ambiguous information in the mapping or to record physical features that were not captured by the survey.
This task anticipates that one meeting will be conducted with the City. This meeting will serve as the kickoff
meeting and will also be used to review the survey limits with City staff.
2. Construction Documents
Construction documents will be incrementally completed for submittal at 30%, 60%, 90%, and Final stages of
completion. The scope for each level of completion is as follows:
2.1 300/,Level Plans
Based on the survey and mapping information and Stantec's site review and review of applicable project data,
including relevant record drawings, Stantec will prepare 30% -level plans for the proposed diversion facilities. The
plans will be prepared on standard City title block and will depict the facilities in plan and profile view. The plans
will depict the major components of the project including points of connection, sediment control features, shutoff
valves, and check valves. Existing pre -project features that will be affected by the project will be identified and their
disposition noted. The intent of the 30% -Level plans is to define the project for review and preliminary approval by
the City. The 304 O-level plans will be submitted to the City for review and comment. This task anticipates that two
meetings will be conducted with the City during the preparation of the 30% -level plans.
2.2 60% -Level Plans, Specifications, and Estimates
Upon final acceptance of the 3046 -level plans by the City, Stantec will proceed with the preparation of the 60% -
Level PS&E documents. This task will begin with the transmittal of the final 30% -level plans to the utility
providers. Utility notifications will include a notification letter, project description, and a set of the 30% -level plans.
Utility information received in reply will be incorporated into the 600 -level plans.
The 604% -level drawings will define the horizontal and v--rtical footprint of the proposed diversion facilities with
additional details regarding alignment and construction details. The 60% -level plans will be prepared on City title
block and will include a title sheet and plan and profile sheets. The 60% -level plans will be reviewed with City staff
in order to explain engineering and construction related impacts associated with the project. City comments will be
incorporated into the plans during the preparation of the 90% -level plans for the Project.
The 60% -level submittal package will include a draft set of specifications prepared in accordance with the standard
city format. The package will also include a quantity estimate and an opinion of probable construction cost for the
project based on the content of the 60% -level plans.
This task anticipates that two meetings will be conducted with the City during the preparation of the 60% -level
plans.
2.3 90% -Level Plans, Specifications, and Estimates
Upon City concurrence with the content with the 60° o -level plans and depicted layout of the diversion facility
improvements, the 60% -level plans will be advanced to a 900'0 -level of completion. The 90% -level plans will
comprise a complete plan set for the project including all construction -level details for the proposed improvements.
The 90% -level plan set will be accompanied by a final draft version of the technical specifications, and engineer's
estimate for the project. The technical specifications will contain information pertaining to the materials and
workmanship for the various project elements. The engineer's estimate will include a breakout of construction items
for the project, their corresponding estimated unit costs, and the total estimated construction cost for each item. A
total estimated construction cost for the project will be included at the bottom of the estimate.
This task anticipates that two meetings will be conducted with the City during the preparation of the 90% -level
plans.
2.4 Final Plans, Specifications, and Estimates
Stantec will actively participate in a document review session with the City to present the 90% -level plans, technical
specifications, and the engineer's estimate. Comments issued by the City will be incorporated into these documents
for the production of final plans and final technical specifications. The engineer's estimate will also undergo final
revisions as needed to maintain consistency with the final plans. A bid proposal will also be prepared consisting of a
list of work items, their respective quantities, and blank lines for completion by bidders consisting of the work item
unit price and work item total bid price.
This task anticipates that two meetings will be conducted with the City during the preparation of the final PS&E
documents.
3. Storm Drain Easements
Stantec will obtain title reports and prepare legal descriptions with exhibits of the proposed easement areas for the
two diversion facilities, and manage the execution of said documents. It is understood that the easement areas will
encompass the proposed improvements. This task includes the acquisition of a preliminary title report for the
affected properties, which will serve as a basis for the preparation of the legal descriptions. The preliminary title
reports will also indicate any existing and/or conflicting easements in the area of the proposed improvements.
Upon receipt of the City's preferred easement language. Stantec will submit the easements to Caltrans and the
OC'SD for review and approval. Stantec will meet with these agencies to discuss their comments and concerns and
coordinate with the City to address these concerns. Upon resolution of all comments, final easement documents will
be submitted to both agencies. It is assumed that the City will record the easements with the County of Orange.
This task anticipates that a total of five meetings will be conducted with the City, Caltrans; and OCSD during the
preparation and processing of the. easements.
4. Geotechnical Assessments
Our Geotechnical sub -consultant, Ninyo & Moore, will perform project coordination and review of readily available
geologic maps, fault and seismic hazard maps, topographic maps, stereoscopic aerial photographs, and other reports
and, or plans provided by the client and then perform a site reconnaissance to mark proposed boring locations and
coordinate with Underground Service Alert for underground utility clearance. This will include the acquisition of
permits, including encroachment permits from Caltrans and the City of Newport Beach, which are needed to
proceed with our subsurface exploration. This work would also include the preparation of traffic control plans and
the preparation of a health and safety plan for our subsurface exploration, if required by Caltrans.
Ninyo & Moore will then perform subsurface explorations consisting of the drilling, logging and sampling of two
hollow -stem auger borings. The borings will be drilled to depths of up to approximately 30 feet. The borings will be
logged by a representative from our firm, and bulk and relatively undisturbed soil samples will be collected at
selected depth intervals for laboratory testing. The borings will be backfilled with grout where groundwater is
encountered and with on-site soil where groundwater is not encountered. This work includes providing traffic
control, including lane closures, in accordance with Caltrans standards and/ or the California Manual of Uniform
Traffic Control Devices (MUTCD) manual and specifications by the City of Newport Beach.
Ninyo & Moore will then perform laboratory testing on selected, representative soil samples. Laboratory testing may
include in-place moisture and density, sieve analysis, direct shear, consolidation, and soil corrosivity. At the
conclusion of the testing and evaluations, Ninyo & Moore will prepare a geotechnical report presenting their
findings, conclusions, and recommendations for design and construction of the proposed project.
5. Flow and Water Quality Monitoring Plan
5.1 Monitoring and Reporting Plan
Stantec's sub consultant. ESA, will prepare a monitoring and reporting plan (MRP) for State Water Quality Control
Board (SWQCB) approval. The MRP includes the Project Assessment and Evaluation (PAEP), Monitoring Plan
(MP), and Quality Assurance and Project Plan (QAPP). The monitoring plan will include the flow and water quality
monitoring to the address the goals of the PAEP and the requirements to obtain a discharge permit to sanitary sewer
operated by the Orange County Sanitation District (OSCD). Water quality monitoring shall include bacteria
measurements, i.e. fecal coliform and enterococcus concentrations. ESA will use the PAEP prepared for the Clean
Beaches Initiative (CBI) grant application as the basis for the MRP. Tables 1 and 2 present the Project Performance
Measures for BMP Effectiveness and Bacteria Load Reductions that are the basis for the PREP. These tables have
been modified from the grant application to better represent the final approved and funded scope which focused on
the implementation of the two dry weather diversions. ESA will prepare the MRP in accordance with the State
Board requirements and guidelines for CBI funded projects.
The anticipated non -storm flows, bacteria concentrations and estimated annual bacteria load reduced by the two
diversions are presented in Table 3 below. ESA will include these estimated flow.; and concentrations in the bIRP as
a basis for comparing actual flows and FIB concentrations before and after the diversions construction. Estimated
flows and concentrations are based field measurements made in 2004 for the Strom Drain Diversion Study (Everest,
2004) and during bacterial source studies completed at the Arches Drainage from 2012 to 2014. It is expected that
each diversion would be designed to divert a maximum of 170,000 GPD (based on peak flow measurements).
The proposed implementation of two low flow diversions at the base of the drainage area will be the most effective
solution to address human sources of FIB exceedances from the drainage area. Proposed project effectiveness
assessment monitoring will verify the anticipated bacteria reductions achieved by the two diversions. The
monitoring program includes effectiveness assessment of the two diversions through conducting baseline and post -
construction monitoring of flows and FIB concentrations in the storm drains at the proposed diversions and at the
Arches Drainage outfalls. Because the Arches Drainage outfalls are subject to tidal flows, the diversions have been
placed above the tidal influence within the storm drains. As the segment of the storm drain between the diversion
and the outfall will be subject to tidal inundation, an additional two sampling points will be monitored to assess the
contribution of regrowth within this segment on FIB concentrations at the outfalls if concentrations exceed FIB
benchmarks at the AB411 monitoring site after the di-, ersions are in place.
In accordance with the CBI grant scope of work, the Monitoring Plan will be prepared in conjunction with the
QAPP. ESA will prepare the QAPP in accordance with the State Board requirements and will include the following
sections:
1. Organization of the Project
2. Prob'._m Statement
3. Project/Task Description
4. Data Quality Objectives
5. Training Requirements and Certification
6. Documentation and Records
7. Sampling Approach: Criteria for Selection of Sampling Sites
8. Sampling Method Requirements
9. Sample Handling and Custody Procedures
10. Analytical Methods Requirements
11. Quality Control Requirements
12. InstrumentiEquipment Testing, Inspection and Maintenance Requirements
13. Instrument Calibration and Frequency (Chemical and Physical Parameters)
14, Inspection Acceptance Requirements
15. Data Acquisition Requirements
16. Data Management
17. Assessment and Response Actions
18. Reports
19. Data Review, Validation And Verification
20. Validation And Verification Methods
21. Reconciliation With DQOs
The Monitoring Plan will include the following sections:
1. Project Description
2. Project Goals and Objective based on PAEP
3. Sampling Locations and Site Conditions
4. Safety Protocols and Planning
5. Baseline Monitoring
a. Sampling Locations
b. Dry Weather Sampling Events
c. Sampling and Field Measurements Protocols (reference QAPP)
d. Sample Analysis (reference QAPP)
6. Post BMP Implementation Monitoring
a. Sampling Locations
b. Dry Weather Sampling Events
c. Sampling and Field Measurements Protocols (reference QAPP)
d. Sample Analysis (reference QAPP)
7. Laboratory Data Reporting and Data Deliverables (reference QAPP)
8. Reporting — How will results be used to meet PAEP Projects Goals and Targets
The Draft MRP that includes the Monitoring Plan and QAPP will be reviewed by Donna Ferguson who led the
Bacteria Source Studies for the Arches Drainage. ESA/ Stantec will submit the Draft MRP for review by the City
prior to submittal to the State Board grant Project Manager. The Draft Final MRP will be submitted to the State
Board Grant Project Manager for review. ESA will provide responses to the comments on the Draft Final and after
receiving acceptance of the revisions from the City and State Board Grant Project Manager will finalize the MRP
through the incorporation of the accepted responses to the comments.
5.2 Equipment Installations and Low Flow Diversion Monitoring
In order to address the Performance Measures and Goals of the grant project, dry weather flows and FIB
concentrations will be measured prior to and after implementation of the two diversions. The BMP effectiveness and
bacteria loading goals will be measured by taking samples at or above the proposed diversions, above the outfalls
upstream of the tidally influence segment of the storm drains and at the outfalls and AB411 monitoring site. For
Diversion 1, Stantec's sub consultant, ESA, will conduct monitoring at three sampling locations: I ) point upstream
in the biosvvale south of 15th Street; 2) a monitoring point downstream of the diversion; and 3) at the outlet to
Newport Bay. For Diversion 2, ESA will conduct monitoring at three sampling locations: 1) at or above the
proposed diversion 2) a monitoring point downstream of the diversion: and 3) at the outlet to Newport Bay as shown
on Attachment 4. In addition, another monitoring point at the AB41 1 site is also proposed. The purposeof the
additional monitoring point is to compare with historical AB411 data that is posted on the Orange County web -site.
Therefore. ESA proposes to collect 7 samples for FIB analysis before and after the installation of the diversions.
In order to obtain the required flow measurements of the two low flow diversions proposed for installation in two of
the storm drains that collect dry and wet weather flows form the Arches Drain, ESA will install low flow- monitoring
equipment within the storm drain at or upstream of the proposed two diversions. The dry weather flow monitoring
will consist of measuring non storm flows over a week in order to capture diurnal changes in flow due to irrigation.
The flow measurements will be used for the design and permitting of the two diversions. This will require
determining an average, maximum and minimum daily flow in terms of gallons -per day. Existing flows are likely to
fluctuate over 24 hours and will therefore need to be continuously monitored over several days to capture these
changes.
ESA will conduct a site visit to assess the existing storm drain for flow monitoring equipment installation. ESA will
then install the flow monitoring equipment and monitoring flows over a week period. ESA's proposed flow
equipment includes HOBO level loggers (or equivalent) and custom built v -notch weirs. During the low flow
monitoring installation, the storm drain dimensions and slope will be measured and the flow equipment will be
programed to continuously log flow measurements at 5 -minute intervals for the duration of the deployment period at
each location. Flow rates will be measured in accordance with the NPDES Storm Water Sampling Guidance
Document (EPA -833-B-92-001). ESA will partner with Alta Environmental for the low flow monitoring. Alta
Environmental will provide a confined space trained field scientist and specialized low flow monitoring equipment.
Calibration of all monitoring equipment will be conducted immediately prior to deployment. All calibrations will be
conducted in accordance with the manufacturer's specifications and equipment will be calibrated on-site and field
verified for accuracy with a level measurement tape. A maintenance log form will be kept on file to detail the dates
of instrument inspection, battery replacement, and any problems noted with instruments. Upon completion of the
pre -construction flow monitoring period, the ESA team will remove all flow equipment.
In order to assess the effectiveness of the two diversions, dry weather flows that are being diverted to the sanitary
sewer will be verified to confirm pre -construction measurements and provide data required by the Orange County
Sanitation District for the diversion permit. Verification of low -flow measurements will be incorporated into the
design to address permit conditions. The ESA Team will conduct post -construction flow monitoring for a week
period. ESA will collect water quality samples at the time of low -flow monitoring both at the pre -construction and
following completion of the two diversions.
Samples for FIB concentrations will be collected using "clean hands" bacteria sampling protocols as subscribed in
SWAMP protocols for ambient water FIB sample collection and analysis. ESA will keep samples cool and transport
the water quality samples to an analytical laboratory that is certified for FIB analysis. ESA proposed to use Week
Laboratory for the FIB analysis. Samples will be kept cool (below 4'C) and transported to the analytical laboratory
within the required 6 hours holding time. The analytical laboratory will provide both a PDF file of the laboratory
report and analytical results and an electronic data deliverable that conforms to the format under the Comply with
California Environmental Data Exchange Network (CEDEN) requirements.
5.3 Flow Data Calculations and BMP Effectiveness Assessment Report
Stantec's sub consultant, ESA, will review and finalize all flow data and prepare flow volume calculations. The flow
calculations will include a summary of the flow data as daily average, minimum and maximum flows. ESA will
provide to Stantec the raw flow data and flow calculations in Excel format for the design. Flow calculations will also
be provided to OCSD for the sanitary sewer diversion discharge permit.
Following the implementation of the two low flow diversions and completion of the BMP effectiveness assessment
monitoring. ESA will prepare the Final Project Report. The objectives and goals as stated in the PAEP will be
evaluated with regard to the actual outcomes from the implemented BMPs to reduce bacteria loading and likely
sources of human fecal bacteria. ESA will summarize the results of the pre- and post -construction flow and water
quality monitoring at the seven sites outlined. ESA will estimate the bacteria load reductions achieved by the
diversions based on the flow and water quality monitoring results at and below the diversions. The reduction of
likely human sources of bacteria will be estimated based on the amount of flow diverted and concentrations of FIB
at and below the diversions. A discussion of remaining sources of FIB will be presented based on the FIB results at
the outfall and AB411 site pre- and post -construction, and assumptions that the diversions have addressed the likely
human sources coming from 90% of the drainage area above the diversions. References to the previous bacteria
source studies will be made as appropriate.
The Draft BMP Effectiveness Assessment Report (BMP Report) will be reviewed by Donna Ferguson who led the Bacteria
Source Studies for the Arches Drainage. ES.V Stantec will submit the Draft BMP Report for review by the Cit} prior to submittal
to the State Board grant Project Manager. The Draft Final BMP Report will be submitted to the State Board Grant Project
Manager for review. ESA will provide responses to the comments on the Draft Final and atter receiving acceptance of the
revisions from the City and State Board Grant Project Manager will finalize the BMP Report through the incorporation of the
accepted responses to the comments. Final analytical data will be provided to th.: State Board for upload to the California
Environmental Data Exchange Network (CEDES).
6. Permit Preparation and Processing
Stantec will prepare and submit the permit applications required for this project. It is assumed that the City will pay
all permit fees. It is expected that the project will require permits or approvals from the following agencies:
I. California Department of Transportation: Permit to operate and maintain diversion on Caltrans right of way
2. Orange County Sanitation District: Low -Flow Non-Stormwater Discharge Permit
3. City of Newport Beach
Stantec will prepare the permit applications and provide a draft for review by the City. Stantec will then incorporate
comments from the City and submit the applications at the direction of the City. Stantec will prepare responses to
comments from Caltrans and OCSD.
Four meetings are assumed between the City, Stantec and these two agencies
7. Construction and Bid Support Services
7.1 Bid Support Services
Stantec will address questions raised by prospective contractors regarding the technical specification and the design
drawings during the bidding process. Stantec will also assist the City in preparing addenda to the Bid Package, if
required. This task may also include Stantec's participation in a pre-bid meeting. This task assumes 24 man-hours of
Stantec staff time for purposes of providing bid support services.
7.2 Construction Support Services
This task provides for Stantec's participation in construction support services as requested by the City. These
services may include, but are not limited to, participation in on-site meetings, review of shop drawings, and review
material submittals. This task also provides for Stantec's review and preparation of written responses to requests for
information (RFI's) that may be made by the contractor during the construction process. This task assumes 80 man-
hours of Stantec staff time for purposes of providing construction support sen -ices.
7.3 Record Drawing Preparation
Based on revisions to the plans that are made and recorded by the contractor during the course of construction of the
Project, Stantec will prepare as -built record drawings of the in-place improvements. This task assumes 24 man-hours
of Stantec staff time for purposes of preparing as -built record drawings for the Project.
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EXHIBIT B
SCHEDULE OF BILLING RATES
Stantec Consulting Services, Inc. Page B-1
SEW PORE
o�� a City of Newport Beach
n Arches Diversion Project
9G/FOAN A
ESTIMATED FEES & EXPENSES
Stam., r''1+i 1 FSA with Alta Fnvirnnmantal and nr Farnimnn
Ninvn R Mnnre
RATES($/Hr): $278 $179 $135 $70 $250 $237 $215
$182
No. of
P
PM
PE
CADD
2MCDII
MAIII
MAI
SAII
TFS
SS
DF
PG
SPG
SSG
SG
CAG
DPG
Expenses
Total
Tasks
Description
dwgs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
hrs
Fess
1. Field Survey
I
I
1 321
1 161
32
1
I
I
I
I
1
1
801
$14,848
2. Construction Documents
1 6
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
$2,000
01
$2,000
2.1 30% -Level Plans
1
1 41
16100
601
1
1
1
1
1
1
1
1
1
1
1801
$21,676
2.2 60% -Level Plans, Specifications, and Estimates
1 21
16
100
601
1
1
1
1
1
1
1
1
1781
$21,120
2.3 90% -Level Plans, Specifications, and Estimates
1
1 21
81
401
401
1
1
1
1
1
1
1
1
901
$10,188
2.4 Final Plans, Specifications, and Estimates
I
1 41
161
8
1
1
1
1
1
1
11
!
281
$3,436
3. Storm Drain Easements
I
1 401
161
8
1
1
1
1
1
1
1
I
1
1
$2,000
641
$11,880
4. Geotechnical Assessments
1
1
1
1
1
61
221
361
101
61
4
$11,290
841
$24,112
5. Flow and Water Quality Monitoring
1
1
1
1
1
1
1
1
1
1
(
1
1
1
1
$14,120
01
$14,120
5.1 Monitoring and Reporting Plan
1
( 81
1
1
241
1 481
64
1 141
8
1
1
1
1
1661
$29,964
5.2 Equipment Installations and Low Flow Diversion Monitoring
1 81
1
1
81
1 361
54
481
121
1
1
1
1
1661
$28,787
5.3 Flow Data Calcs. and BMP Effectiveness Assessment Rpt.
1
1 8
1241
541
601
1 32
8
1
1
1
1
186
$34,095
6. Permit Preparation and Processing
1
1 78
81
1
1
1
1
1
1
I
1
1
86
$15,042
7. Construction and Bid Support Services
1
1
1 72
321
8
1
1
1
1
1
1
1
1
1
1
$750
1121
$18,518
GRAND TOTAL HOURS
8
290
312
200
32
561
0
138
178
48
58
16
6
22
36
10
6
4
1 1,420
GRAND TOTAL FEES
$2,224
1 $51,910
1 $42,120
1 $14,000
1 $8,000
1 $13,244
$0
1 $25,047
1 $29,370
1 $7,550
1 $11,931
1 $1,4081
$1,109
1 $3,872
$5,584
$1,408
$568
1 $282
1 $30,160
1
1 $249,786
RATES($/Hr): $278 $179 $135 $70 $250 $237 $215
$182
$165
$157
$206 $88 $185 $176 $155 $141 $95 $70
A. Optional 2 Additional Post -Construction Monitoring $1,290
$2,912
$3,960
$3,768
$1,648 $13,578
Classification Descriptions
Stantec Staff Classifications:
P = Principal
PM = Project Manager
PE = Project Engineer
CADD = CADD Operator (Environmental Technician for CEQA)
21VIC = 2 -Man Survey Crew
ESA Staff Classifications
DII = Director II
MAIII = Managing Associate III
MAI = Managing Associate I
SAII = Senior Associate II
Alta Environmental Staff Classifications
TFS = Trained Field Scientist
SS = Senior Scientist
Dr. Donna Ferguson Staff Classification
DF = Microbiologist
Nino & Moore Staff Classification
PG = Principal
SPG = Senior Project Engineer
SSG = Senior Staff Engineer
SG = Staff Engineer
CAG = CADD
DPG = Data Processor
V:\2065\pmmofiar\P_ 2016\Publicwewport BeachlArches Dives-Tee_Esfimale_071116.%Is 11/7/2016
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees and any
person or entity owning or otherwise in legal control of the property upon
which Consultant performs the Project and/or Services contemplated by
this Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Stantec Consulting Services, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement or shall specifically allow
Consultant or others providing insurance evidence in compliance with
these requirements to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall
require similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in
legal control of the property upon which Consultant performs the Project
and/or Services contemplated by this Agreement shall be included as
insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Stantec Consulting Services, Inc. Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
Stantec Consulting Services, Inc. Page C-3
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Stantec Consulting Services, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 11/23/16 Dept./Contact Received From: Raymund
Date Completed: 11/23/16 Sent to: Raymund By: Alicia/Chris
Company/Person required to have certificate: Stantec Consulting Services
Type of contract: Arches Diversion Project
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/16-5/1/17
A.
INSURANCE COMPANY: Zurich American Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
2,000,000/4,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/16-5/1/17
A.
INSURANCE COMPANY: Sentry Insurance a Mutual Company
B.
AM BEST RATING (A-: VII or greater) A+:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 5/1/16-5/1/17
A.
INSURANCE COMPANY: Sentry Insurance a Mutual Company
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY (EFF 10/1/16-10/1/17)
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO WHICH ITEMS NEED TO BE COMPLETED?
Approved:
11/23/16
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
❑ N/A ® Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date