HomeMy WebLinkAboutC-8515-1 - PSA for Irvine Avenue Pavement Rehabilitation Project (16th Street to Santiago Drive)PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES INC. FOR
IRVINE AVENUE PAVEMENT REHABILITATION PROJECT
(16TH STREET TO SANTIAGO DRIVE)
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 8th day of August, 2017 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and STANTEC CONSULTING SERVICES INC., a New York Corporation ("Consultant"),
whose address is 46 Discovery, Suite 250, Irvine, California 92618, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide engineering services for the Irvine
Avenue Pavement Rehabilitation Project (16th Street to Santiago Drive)
("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Hundred Ninety Eight
Thousand One Hundred Eighty Eight Dollars and 00/100 ($198,188.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jeff Wilkerson, PE to be
its Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
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competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
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limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
10.2 Consultant agrees and acknowledges that no individual performing
Services pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least twenty (20) hours per week for one year or
longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CaIPERS
member
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
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construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
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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.
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21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
25.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
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of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jeff Wilkerson, PE
Stantec Consulting Services Inc.
46 Discovery, Suite 250
Irvine, CA 92618
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
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to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
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29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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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: �- A/ J17-
LIM
Aaro . Harp J IAmj 7 31 l7
C"torney
ATTEST:
Date:
'"lularma rms,
CITY OF NEWPORT BEACH,
a Californi nicip I corporal
Date: 1172 //-3--- "-
By: By:
evin Mul
Mayor
CONSULTANT: Stantec Consulting
Services Inc., a New York Corporation
Date: 9' / "-1 i / "7
By:
Mohammad Heiat
Principal
[END OF SIGNATURES]
Attachments: — Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
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EXHIBIT
SCOPE OF SERVICES
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Exhibit A
Scope of Services
Task A - Research, Data Collection, and
Field Review
We will research and obtain available as -built record street
drawings, utility plans, preliminary engineering reports,
and record survey drawings for the project from both Cities.
We will also perform a field review of the site to evaluate
the following:
Condition of the existing roadway improvements
Identify any noteworthy features
Determine the location of any damaged, raised, or
sunken curbs gutters, driveways, sidewalks, and other
concrete improvements within the public right of way
that need to be constructed, repaired, or brought up to
current ADA standards
Prior to the field review, we will coordinate with each City
to determine the extent of repairs and ADA improvements
they typically address on similar projects and whether
specific criteria should be used to deterinine whether a
repair is necessary. During the field walk, we will take
digital photos and document the location of all potential
repair locations and any other issues requiring special
attention.
Task B - Utility Coordination
Thorough utility coordination is essential for the success
of this important roadway improvement project. We
understand that you will distribute the first utility request
notices to utility companies in the project area and will
forward the utility contacts and any utility maps or atlases
received to us. We will organize this information in a
utility coordination matrix that will be updated throughout
the project. We will coordinate with the respective
utility companies to confirm ownership, location and
depth of facilities, and resolve any conflicts with the new
improvements. We. will lead efforts to identify ownership
of unknown utility lines or appurtenances, determine
any utility facilities that may interfere with proposed
construction, and coordinate the relocation or adjustment
of all utilities impacted by the new construction.
We anticipate distributing two notices to the utility
companies for this project. The initial notice will include
the 50% improvement plans showing the location of all
known utilities and any preliminary utility relocations or
adjustments identified.
We will ask the utility companies to confirm the location
of their existing facilities, identify any missing facilities
or improvements that are currently being planned,
and confirm that the preliminary utility relocations or
adjustments shown are acceptable.
We will incorporate any comments received into the
90% and 100% final plans and then distribute the utility
companies the final notice for their review and approval.
We will then obtain written confirmation from each utility
company that all comments have been addressed and the
plans are acceptable.
Task C - Design Surveying
We will establish horizontal and vertical survey control
and perform a field topographic survey to document the
existing site topography and planimetrics within the area
of proposed improvements. The design survey will include
cross sections at 50 -foot intervals (right of way to right
of way) along Irvine Avenue between E. 16th Street and
Santiago Drive/22nd Street (approximately 8,000 feet) to
locate visible surface improvements and surface utilities
within the project limits.
The design survey will also extend approximately 150' to
the north at Holiday Road to be used for the design of the
missing curb and gutter along this street. The limits of the
design survey at all other intersections will be to the BCR/
ECR of the intersecting street. This tasks also includes
additional design survey at five driveway locations, which
we are assuming are damaged and need to be reconstructed
to be ADA compliant. The additional design survey will
include all private property improvements within 15-20
feet behind each damaged driveway.
As part of the field survey, we will observe monuments
to retrace the centerlines and rights of way of Irvine
Avenue and all cross streets within the project limits. We
will incorporate the results into abase map illustrating
existing right-of-way conditions. This will not be a full and
complete boundary survey of the adjacent land parcels.
Survey monuments located and indicated on the survey
will be limited to existing centerline monuments found
along Irvine Avenue. We assume that Corner Records
will be filed by the contractor as required by the Special
Provisions.
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Task D - Pavement Report
Task D.1 - In -Place Deflection Testing and Analysis
Non-destructive pavement deflection (CA 356) data will
be gathered from each existing traveled lane at maximum
200' testing intervals, using the JILS Falling Weight
Deflectometer, imposing a series of 9,000 pound loads per
California Test Method 356.
Data obtained will include 10 sensor readings
recorded within the deflection basin at each test point.
Pavement deflection sensors are generally spaced 6" to
12" on center, defining the specific pavement deflection
basin under loading. During deflection testing
operations, notes of visual pavement conditions and/or
distress, cross streets, presence or absence of curb and
gutter, and other such observations shall be logged.
Correlating data will include pavement temperature
and GPS documentation at each test location.
Data analysis will provide a typed tabulation of all
deflection measurements and field notes locating cross
streets, pertinent landmarks, field conditions, etc shall
be included within the final report. The tabulation
shall include the reading of all sensors, as well as an
equivalent Traveling Deflectometer deflection at the
loading point.
An engineering review of test data to isolate or
separate limits of similar deflection response for
statistical summary of data (providing the 80th
percentile deflection) will be performed.
Falling Weight Deflectometer testing equipment,
operator, and recorder will be provided by LMI.
Professional Traffic Control will be provided per
WATCH standards.
Task D.2 - Pavement Coring and Soil Boring
Pavement coring of the in-situ roadway materials will be
performed to determine pavement thicknesses and obtain
samples of the asphalt concrete, aggregate base (if present),
and subgrade materials for further analysis.
A total of 14 pavement coring and subsurface sampling
locations will be performed at pre -selected locations
to determine the thickness of the existing structural
section includingbut not limited to asphalt concrete
layer(s), buried Portland cement concrete layer(s) if
any, and aggregate base layer, if any. Borings extend to
a maximum four (4') foot depth from finish surface.
Underground Service Alert (USA Dig -Alert) will
be notified and a meeting held, if requested, with
concerned utilities to relocate test sites as necessary.
Sample locations will be backfilled and patched with
asphalt concrete, per City requirements.
Professional Traffic Control will be provided per
WATCH standards.
Task D.3 - Ground Penetrating Radar (GPR)
AC Thickness Scanning
GPR will be used to provide additional asphalt concrete
thickness information for Irvine Avenue without the
need to increase the proposed pavement coring (needed
for deflection testing and laboratory testing). This is a
substantial cost saving to the City while providing greater
information to our engineering staff. The measured
pavement thickness shall be mapped per travel lane by
depth and location and provided onto aerial imagery.
Ground Penetrating Radar shall gather the in-situ
asphalt concrete pavement layer, up to 24 -inch depth in a
continuous path testing over 3-5 times per linear foot.
D.4 - Laboratory Testing
Subgrade soil samples taken in the field will be identified,
labeled, and measured during the sampling process.
Samples will be transported back to LMI's Caltrans
certified soils and asphalt laboratory.
• Subgrade soil samples taken in the field will be visually
classified and the in-situ moisture content (CA 226)
will be determined per location.
• Representative sample(s) will be selected and tested
for R -Value (soil strength) determinations (CA 301) on
the subgrade.
• Representative samples obtained shall tested for
Water Soluble (SO4)- and soil fertility testing within
the planned widening. Test results shall be provided
within the final report for design purposes. This task
has been proposed as an optional add item.
• Data developed during R -value testing will be utilized
to project probable field support conditions during
construction and highlight where appropriate special
care may be required during roadway preparation.
• Evaluation of the present pavement thicknesses
utilizing component analysis with Rvalue strength
data will be combined with future traffic estimates
(Traffic Index provided by Client) for design and
development of suitable, alterative replacement
sections.
Task D.5 - Visual Site Evaluations
Our registered Civil Engineer will perform a site
evaluation of all asphalt concrete segments. Pavement
conditions will be recorded for the purposes of compiling
the recommendation plan(s) and report. Compare field
conditions with measured pavement strengths determined
during deflection testing. Compare field conditions with
thickness data obtained during core sampling. Compare
field conditions with component analysis based on
laboratory subgrade strength testing.
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Task D.6 - Structural Design Alternatives
Our registered Civil Engineer will supervise all operations
and incorporate results of deflection and materials
testing with observed pavement conditions. Engineered
recommendations for alternate methods of pavement
rehabilitation for the lane(s) studied based upon deflection
analysis in conjunction with the proposed materials
investigation shall be provided. Where sustainable/
innovative pavement solutions are considered, Full Depth
Reclamation (FDR) or Cold In Place Recycling (CIR) will
be explored within the final report.
Task D.7 - Final Report
Our registered Civil Engineer will prepare the final
pavement structural investigation report.
The deliverables will include all data developed
during the investigation with design rehabilitation
alternatives; structural replacement sections for areas of
reconstruction, inpla.ce strength testing data, and field and
laboratory test data. All services will be supervised by the
Civil Engineer specializing in evaluating and designing
pavement systems and registered in California. The report
will also include all recommended pavement "dig -out"
locations identified as part of our field inventory.
Task E - Base Mapping
We will download and compile the field survey data to
create a topographic map of the project limits, including:
• Surface features (curb and gutter, pavement, sidewalk,
curb ramps, driveways, striping, trees)
• Visible surface utilities (manholes, water valves, fire
hydrants, catch basins, utility boxes, utility poles,
overhead utilities, guy wires, vaults)
• Mapping information (centerlines and right-of-way
lines)
• Contours generated at 1 -foot intervals
We will use available agency research, prior surveys, and
assessor parcel maps in conjunction with the monuments
found during the field survey to prepare the mapping
information shown on the base map.
The base map will also include any known underground
utility lines within the project limits, which will be plotted
based on the record drawings and atlases received from
the utility companies and any utility information found in
record drawings during our research. The deliverable will
include a digital CAD drawing containing the resulting
data.
Task F - Construction Documents
After completing background research, base mapping,
and field review, we will prepare the following plans and
supporting documents to you. We will submit the plans,
cost estimate, and design sections at every design stage;
and the special provisions with the 90% and 100% final
design submittals.
Task F.1 - Title Sheet, Construction Notes, Typical
Cross Sections, and Details
The PS&E will include a single plan set incorporating a title
sheet, using your standard format and including general
notes, a vicinity map, and additional project specific
information. The second sheet will show all construction
and disposition notes used and the sheet index for the
plans. The plan set will also include sheets for typical
roadway sections, standard details, and larger scale design
details for improvements such as curb ramps, cross gutters,
and driveways. We will include these design details in the
plan set, as necessary, to provide additional information to
the contractor. They will supplement the standard details
and standard plans and will likely not be required for most
new improvements.
Task F.2 - Roadway Improvement Plans
We will prepare roadway plans in CADD, under both
City's logos, and in accordance with each City's design
standards. Each sheet will contain a north arrow, scale,
match lines, and construction and disposition notes for all
improvements shown on the sheet. The profile views will
show the existing and proposed profiles for the crown lines
and tops of curb or edges of pavement. The plan sheets will
be prepared using AutoCAD at a 1" = 40' horizontal scale for
the plan views. Profile sheets will be prepared, if needed, at
1" = 40' horizontal scale and 1" = 4' vertical scale.
The roadway plans will include:
• Removals
• Pavement rehabilitation improvements, including
lowering the center of the roadway to reduce the steep
cross -fall if feasible
• Locations for new and reconstructed curbs, gutters,
sidewalks, driveways, alley intersections, cross gutters
and curb ramps
• Utility adjustments or relocations
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We have assumed that five damaged driveways will be
reconstructed to be ADA compliant. New construction
for these driveways will extend into private property.
All other non-compliant driveway approaches will only
be reconstructed if the parkway width is wide enough
to accommodate the new driveway entirely within the
public right of way without impacting private property
improvements. At Holiday Road, new sidewalk will be
constructed where it is currently missing at the northeast
The signing and striping plans will show removal of any
existing striping and pavement markings not obliterated by
pavement rehabilitation and conflicting with re -installing
new striping and pavement markings. Traffic signs will be
replaced or upgraded, if necessary. The traffic sign work
will be based on an inventory of existing signs and an
assessment of new project signage requirements, if any.
Where appropriate, existing signs within the project limits
maybe upgraded to meet current California Manual on
corner and the bulb out will be removed and curb and gutter Uniform Traffic Control (CA MUTCD) requirements. The
extended at the southeast corner. Curb and gutter at other plans will include repainting of existing red curb markings.
locations will be reconstructed to correct local ponding
areas and the plans will provide utility relocations and
sidewalk pop -outs, if necessary, to provide a clear path of
travel along the sidewalk.
The plans will clearly show both Cities' boundaries and
the construction notes will reference the appropriate
City standard plans, depending on which City the new
improvement is located in. The Standard Plans for Public
Work Construction (SPPWC) and the Caltrans Standard
Plans will be used to supplement both City standard plans.
The roadway plans will also include all horizontal control
required to stake and construction the new improvements.
Task F.3 - Intersection Grid Details
Intersection grid details may be needed, depending on
the selected pavement rehabilitation. These plans are
primarily used for control during paving operations if
proper control cannot be shown on the plan and profile
sheets. Grid details will show the proposed improvements,
including elevations, surface culture and underground
utilities, at a scale of 1" = 20'. They are anticipated at the
four-way intersections only (eight total). We assume that
proper control can be established on the plan and profile
sheets at the three-way (T) intersections.
Task F.4 - Signing and Striping Plans
We will include signing, striping, and loop replacement
for Irvine Avenue and intersecting side streets in the
improvement plan set. These plans will reinstall existing
roadway striping and pavement markings along Irvine
Avenue from 16th Street to 22nd Street/Santiago Drive.
We will prepare signing and striping plans to implement
the project improvements using AutoCAD, at 1" = 40' scale,
"double stacked" with two horizontal layout strips placed
on each plan, in accordance with each City's standards.
During field review, it was noted that existing curb
markings were not adhering well to existing curb faces.
The plans and/or project specifications will include
information/instructions to the contractor to improve
adhesion of repainted red curb markings.
The signing and striping plans will also include
the restoration of traffic signal loops destroyed by
implementation of street rehabilitation improvements.
Existing traffic signal loops will be replaced at the
following signalized locations along Irvine Avenue within
the project limits:
22nd Street/Santiago Drive
• Highland Drive
• 19th Street/Dover Drive
• Mariners Elementary School pedestrian crossing
+ 17th Street/Westcliff Drive
New replacement loops will be connected to existing
detector lead-in cable (DLC) in existing adjacent pull boxes.
Task F.5 - Roadway Design Sections
We will build a three-dimensional model of the existing
and new roadway improvements in Civil 3D and plot design
sections from this model. They will show the existing
surface, proposed surface, proposed pavement section
materials and thickness, the existing and proposed top
of curb and pavement elevations, and the existing and
proposed cross slopes.
The design sections will help us identify, as well as allow
us to correct, typical roadway design issues, such as flat or
excessively steep cross slopes, proper pavement transitions,
and areas where we may be significantly reducing the cover
over existing utilities. Since the design sections will be
linked to the design model, they will consistently be up to
date.
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Task F.6 - Special Provisions
Well written special provisions reduce the potential for
change orders during construction. We will prepare the
project provisions based on your supplied boilerplate and
the 2015 edition of the Standard Specifications for Public
Works Construction (SSPWC). The Caltrans Standard
Specifications will also be reference for the striping and
signing improvements.
Our senior staff will thoroughly review and modify your
boilerplate and all relevant sections of the SSPWC to help
ensure that the special provisions do not conflict with the
improvement plans and convey the design intent of our
engineers. The special provisions will be well coordinated
with our Pavement Report and they will identify all
general phasing and traffic control measures required
to be implemented by the contractor to reduce impacts
to adjacent properties during construction. The special
provisions will also identify all permits and additional
plans or coordination efforts the contractor is responsible
for during construction. This includes identifying all
specific utility coordination, including any specific work
windows needing to be provided by the contractor. Finally,
the bid items will be listed and the work involved in each
item will be clearly described.
Task F.7 - Cost Estimate
We understand the importance of a complete and accurate
cost estimate. Since the cost estimate will be used as a
basis for the bid schedule, it's important to include all
required work items the contractor needs to complete as
part of the project and that the quantities for these work
items are correct. Accurate unit costs are also important
for you to understand the overall cost of the project and to
determine if the project needs to be value engineered to get
the project within the budget available.
First, we determine the project bid items required based
on a thorough review of the plans and special provisions.
Quantities will be separated by City jurisdiction and
calculated using our proprietary software. We will
establish unit costs using recently bid projects. The
quantities will be continuously updated with each plan
revision and an updated cost estimate will be provided with
all submittals to provide you with accurate project costs
throughout the design.
Task F.8 - As -Built Drawings
Preparing accurate as -built drawings are important for
your future generations. We will prepare as -built drawings
for the project using your preferred format. They will
be based on redlines provided by your inspector and/or
Contractor and supplemented with our revisions noted
during construction. We will provide you a PDF of the as -
built drawings with the final submittal.
Task G - Project Management,
Progress Meetings, and Coordination
Throughout the project, we will communicate our progress,
design assumptions, and design challenges with you. We
will also coordinate with both Cities and other agencies,
as required, and involve you in all of these discussions and
reviews. Project communication will include meetings,
conference calls, and emails. Documenting assumptions
made and direction given during the design process is
important to confirm that everyone agrees on what was
discussed. We will diligently prepare and distribute
meeting minutes or records of discussion, and allow you
and other attendees to review and comment on these before
proceeding further on the design or other project tasks.
Upon NTP, we will schedule a kick-off meeting to:
• Obtain background information
• Review and refine the project scope and schedule
• Establish the lines of communication
• Discuss the critical design issues, including, pavement
strategies and criteria for concrete improvement
repairs and ADA upgrades
Meetings will also be held to review the 50%,90%,
and 100% submittal packages and up to six additional
meetings throughout the design phase. We will develop a
comprehensive and specific project work plan and quality
control plan; the project schedule will be updated monthly.
Task H - Construction Support Services
We will support you during the project bid period, including
respond to questions from perspective bidders and
prepare bid addenda to the plans and special provisions, as
necessary.
During the project construction phase, we will attend
the pre -construction meeting, job walk, and periodic
job site meetings. We can clarify design -related issues
during construction, including responding to RFIs and
submittal reviews. All clarifications will be subject to your
construction manager's approval.
For the purpose of this proposal, we assumed up to 80 hours
for this task.
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Task I (Optional Item) -
Task 1.1 - Calculation of Traffic Index (TI)
If desired by either City, we will prepare separate traffic
index calculations for up to three segments of Irvine
Avenue within the project limits. We have assumed for
the purpose of this proposal, that a TI will be calculated
for the three segments of Irvine Avenue between the four
signalized intersections within the project limits. Weekday
24-hour, two-way traffic counts, including truck and bus
volumes by number of axles, will be conducted for each
segment. We will use this data for each subject roadway
segment to determine an appropriate design life TI based
on Caltrans equivalent single axle load (ESAL)factors for
each large vehicle type. The pavement design life will be
confirmed with each City and/or we can provide multiple
TI calculations for your consideration based on different
pavement design life.
Traffic data will be collected by teaming partner, National
Data and Surveying Services (NDS), who has provided
traffic data to our team for many similar projects.
Task 1.2 - New Sidewalk
(Baycrest Street to Holiday Road)
This task includes the additional design survey and
engineering required to provide a continuous sidewalk
along the westbound parkway between Baycrest Street
Holiday Road. Additional design survey will be required
in private property to locate visible surface improvements
and surface utilities within 15-20 feet beyond the existing
public right of way. The improvement plans will include
construction notes and details for the new sidewalk,
driveways, and private property repairs. Any repairs to
walls will be provided with standard plans (no structural
calculations) and the plans and specifications will
only indicate to "match existing in-kind" for repairs to
decorative elements such as colored pavers, planter walls,
fences, and landscaping and irrigation.
Task 1.3 - Additional Driveway Reconstruction
This task includes the additional design survey and
engineering required to reconstruct non-compliant
driveways in the City of Newport Beach throughout the
project limits. This task includes 16 non-compliant
driveways to be reconstructed. Additional driveways will
required additional fees.
This task does not include the reconstruction of the 5
driveways assumed in Task C "Design Survey" and Task
F.2 "Roadway Improvement Plans" or the 10 driveways
required to be reconstructed as part of Task 1.2 "New
Sidewalk (Baycrest Street to Holiday Road)." Each
noncompliant driveway location will require additional
design survey in private property to locate visible surface
improvements and surface utilities within 15-20 feet
beyond the existing public right of way. The improvement
plans will include construction notes and details for the
new driveways, including all private property repairs
required. Any repairs to walls will be provided with
standard plans (no structural calculations) and the plans
and specifications will only indicate to "match existing
in-kind" for repairs to decorative elements such as
colored pavers, planter walls, fences, and landscaping
and irrigation.
Exclusions
The following services are not included in this proposal
scope of work, but may be provided under separate
contract:
- Payment of Permit Fees
- Environmental Services and Water Quality Documents
- Drainage Study and Hydrology / Hydraulics Calculations
- Traffic Study
- Landscaping and Irrigation Plans
- Structural Engineering Calculations and Plans
- Erosion Control Plans
- Phasing and Traffic Control Plans
- Right of Way Engineering
- Private Property Owner / Right of Entry Coordination
- Construction Inspection and Staking
- Monument Ties and Corner Records
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EXHIBIT B
SCHEDULE OF BILLING RATES
Stantec Consulting Services Inc. Page B-1
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(3 Stantec
SCHEDULE OF BILLING RATES — 2017
Billing
Hourly
Description
Level
Rate
Junior level position
3
$75
o Independently carries out assignments of limited scopeusing standard procedures, methodsand
4
$83
techniques
❑ Assists senior staff in carrying out more advanced procedures
5
$93
❑ Completed workisreviewed for feasibility and soundness of judgment
❑ Graduatefromanappropriatepost-secondary program orequivalent
❑ Generally, one to three years' experience
Fully Qualified Professional Position
6
$101
o Carries out assignments requiring general familiarity within a broadfield of the respective profession
7
$109
❑ Makes decisions by using a combination of standard methods and techniques
❑ Actively participates in planning to ensure the achievement of objectives
8
$117
❑ Works independently to interpret information and resolve difficulties
❑ Graduatefroman appropriate post -secondary program, with credentials orequivalent
❑ Generally, three to six years' experience
First Level Supervisor or first complete Level of Specialization
9
$125
o Provides applied professional knowledge and initiativein planning and coordinating work
programs
10
$135
❑ Adapts established guidelines as necessary to address unusual issues
11
$144
❑ Decisions accepted as technically accurate, however may on occasion be reviewed for
soundness of judgment
❑ Graduatefrom an appropriate post -secondary program, with credentials orequivalent
❑ Generally, fiv e to nine years'experience
Highly Specialized Technical Professional or Supervisor of groups of professionals
12
$154
❑ Prov ides multi -discipline knowledge to deliver innovative solutions in related field of expertise
❑ Participates in short and long range planning to ensure theachievement of objectives
13
$165
o Makes responsible decisionson all matters, including policy recommendations, work methods, and
financial controls associated with large expenditures
14
$175
❑ Rev iews and evaluates technical work
❑ Graduatefroman appropriate post -secondary program, with credentialsorequivalent
o Generally, ten to fifteen years' experience with extensive, broad experience
Senior Level Consultant or Management
❑ Recognized asan authority in a specific field with qualifications of significant v alue
15
$184
o Prov ides multi -discipline knowledge to deliverinnovative solutions in related field of expertise
a Independently conceives programs and problems for investigation
16
$212
❑ Participatesin discussions to ensure the achievement of program and/or project objectives
17
$242
o Makes responsible decisions on expenditures, including large sums or implementation of major
programs and /or projects
❑ Graduatefromanappropriate post -secondary program, with credentialsorequivalent
❑ Generally, more than twelveyears'experiencewith extensive experience
Senior Level Management under review by Vice President or higher
18
$283
o Recognized as an authority in a specific field with qualifications of significant value
19
$319
❑ Responsible for long range planning within a specificarea of practice or region
❑ Makes decisions which arefarreachingand limited only by objectives and policies of the
20
$354
organization
❑ Plans/approves projects requiring significant human resources orcapital investment
21
$390
❑ Graduatefroman appropriate post -secondary program, with credentialsorequivalent
❑ Generally, fifteen years' experiien ce with extensive professional and managementexperiience
Crew Size Regular Rate Overtime Rate
Survey Crews
1 -Person $180 $210
2 -Person $255 $355
3 -Person $325 $450
T-2 2017
W.\1895\active\901050Amaster\doc\RATE TABLES\2017 Rate Tables\Table 2 2017 Rate w Crew Rates.doc
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liabilitv 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 Liabilitv Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Stantec Consulting Services Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date, or
retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Stantec Consulting Services Inc. Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Stantec Consulting Services Inc. Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 10/10/17 Dept./Contact Received From: Raymund
Date Completed: 10/11/17 Sent to: Raymund By: Jan
Company/Person required to have certificate: Stantec Consulting Services
Type of contract: Irvine Avenue Pavement Rehabilitation
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/17 - 5/1/18
A. INSURANCE COMPANY: Zurich American Insurance
B.
C.
D.
E.
F.
G.
11
J
K.
AM BEST RATING (A-: VII or greater): A+ / XV
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
LIMITS (Must be $1 M or greater): What is limit provided?
ADDITIONAL INSURED ENDORSEMENT — please attach
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
N Yes ❑ No
$2M/$4M
N Yes
❑ No
N Yes
❑ No
N Yes
❑ No
N Yes
❑ No
N Yes
❑ No
❑ Yes
N No
N N/A ❑ Yes
❑ No
❑ N/A N Yes
❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/17 - 5/1/18
A.
INSURANCE COMPANY: Travelers Property Casualty Company of America
B.
AM BEST RATING (A-: VII or greater) A++ / XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
N Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M 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 N/A
❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
❑ Yes N No
H.
NOTICE OF CANCELLATION: 0 N/A
N Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 5/1/17 - 5/1/18
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 $1 M 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 10/1/17-10/1/18, LLOYDS OF LONDON
Rated: A/XV, Non -Admitted Limits: $3M/$3M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
10/11/17
Date
® 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:
Risk Management approval required for non -admitted Professional Liability carrier. 10/10/17 Risk Manager
approved use of non -admitted carrier.
Approved:
Risk Management
* Subject to the terms of the contract.
Date