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HomeMy WebLinkAboutC-7208-1 - On-Call PSA for Traffic Engineering ServicesStantec Consulting Services Inc. ® Stantec 38 Technology Drive, Irvine CA 92618-5312 November 18, 2020 File: 2042577800 Attention: Mr. Eric Loke PE, TE Senior Civil Engineer City of Newport Beach - Public Works Department 100 Civic Center Drive, Bay 2D Newport Beach, CA 92660 Dear Mr. Loke, Reference: Preparation of Signing and Striping Plans - FY 2020-21 Slurry Seal Project, Area 5 Thank you for providing Stantec Consulting Services Inc. (Stantec) the opportunity to submit this proposal for the preparation of signing and striping plans and estimates (P&E) for roadways included in the FY 2020-21 Slurry Seal, Area 5 Project within the City of Newport Beach (City). This proposal is based on your email request for proposal (RFP) with Slurry Seal Area 5 - RFP location exhibits received on September 30, 2020 and telephone discussion and email communication on November 18, 2020. Our project team which has worked together on several projects within the City is shown on the attached organization chart and resumes have been included for identified key staff. Work Plan The following work plan describes each task required to successfully complete field inventory of signing, striping, and pavement and curb markings and preparation of plans. Our scope of work will include field inventory/review of existing parking lot signing, striping, pavement and curb markings and will include the following tasks: Field Inventory and Signing/Striping Plans Task 1 - Signing, Striping, and Pavement and Curb Marking Field Inventory The City has provided ftp site access to available as -built record street and parking lot improvements, aerial photos, and CAD base mapping for the project area. To verify and augment this material, we will conduct a thorough field review of existing signing, striping, pavement and curb markings within each parking lot (16) included in the project. The field walk will include but will not be limited to the following items: Curb Markings - color, length, presence of stencil messages, assessable parking and ADA path access (considering location of existing concrete access ramps); and Signs - Photo of all signs, CA MUTCD sign code or detail (with size) for non-standard signs, installation type (1 or 2 -post, pole -mounted on street. light, etc.), condition. (to support "spic `n' span" design by City). Design with community in mind November 18, 2020 Mr. Eric Loke PE, TE Page 2 of 6 Reference: Preparation of Signing and Striping Plans — FY 2020.21 Slurry Seal Project, Area 5 Task 2 - Signing and Striping Plans Following field inventory and review, Stantec will prepare a set of signing/striping plans and details, as needed, for the parking lots included in the Area 5 slurry seal project. We anticipate that the parking lot areas will require four (4) sheets at 1 "=40' horizontal scale and two (2) sign detail sheets at various scale. The plans will be prepared in AutoCAD using the City -provided CAD base files, as -built plans, and Stantec field inventory notes and photos. If revisions to existing assessable parking is required, ADA path striping will utilize existing concrete access ramps. Striping and pavement markings will be replaced in-kind or per the latest California Manual on Uniform Traffic Control Devices (CA MUTCD). Curb markings/stencils may be refreshed, installed, or removed per direction of the City. The traffic sign work will be based on the inventory of existing signs and an assessment of application of each "critical sign" (warning or regulatory type). Where appropriate, "critical" existing signs within the project limits may be replaced, relocated, or removed to meet current CA MUTCD requirements and City preference. This scope of work includes two plan submittals: a draft 100% submittal and final 100% submittal to incorporate City review comments on the draft plans. Fees Our budget for this project is $34,800. A spreadsheet with hours and rates by staff classification assigned for each task is attached to this proposal. Tasks 17-QA/QC Mn r 15 - Pro'. Mn r.12- Pro. En r 11 -Sr. CAD 8-CAD/Des. En r. Total Totals dw s hrs hrs hrs hrs hrs hrs Field Inventory, Sign Assessment, Signing/Striping Plans 1. Signing/Striping Field Inventory and assessment 2. Signing/Striping and Detail Plans 2a. Signing/Striping, Parking Lots (1"=40') 2b. Details 4 2 3 1 4 12 1 40 32 12 40 20 20 40 16 64 127 50 $9,236 $18,302 $7,026 Totals hrs 6 4 17 841 60 76 241 Rate$/hr $242.00 1 $184.00 1 $154.00 1 $144.00 1 $117.00 Consulting Fees Reimbursables Subconsultant Estimated TOTAL FEE $968 $3,128 $12,936 $8,640 $8,892 34,564 236 0 $34,800 This scope of work/fee does not include the following: 1. In-person meetings 2. Topographic Design Survey 3. ADA upgrade design 4. Roadway Improvements design 5. Preparation of technical specifications/bid documents 6. Bid and construction support services Design with community in mind November 18, 2020 Mr. Eric Loke PE, TE Page 3 of 6 Reference: Preparation of Signing and Striping Plans — FY 2020.21 Slurry Seal Project, Area 5 We are excited to have the opportunity to provide our professional services and look forward to working with you on this project. If you have any questions or require additional information, please do not hesitate to contact us at the information below. Regards, Stantec Consulting Services Inc. ex�- 1�244�94 Keith Rutherfurd TE Senior Associate Phone: 949 923 6952 Mobile: 949 322 8196 Keith. Rutherfurd@stantec.com Attachment: organizational chart resumes Mohammad Heiat PE Principal Phone: 949 923 6962 Mobile: 949 322-8083 Mohammad. Heiat@stantec.com v:\2042\business_development\204281025_city_of_newport_beach\20201008_signing_striping_plans_2020_2021_slurry_seal_project\city requested (from email) prop\let slurry area 5_rev_032221_krr.docx Design with community in mind November 18, 2020 Mr. Eric Loke PE, TE Page 4 of 6 Reference: Preparation of Signing and Striping Plans - FY 2020.21 Slurry Seal Project, Area 5 LEGEND Ov- Key Personnel ❑ Stantec Principal -in -Charge Mohammad Heiat, PE t= Project Manager Keith Ruth erfurd, TES Traffic Signal Design and Signal Timing Sheet Josh Park, TE Kenny Pham, EIT Design with community in mind November 18, 2020 Mr. Eric Loke PE, TE Page 5 of 6 Reference: Preparation of Signing and Striping Plans — FY 2020.21 Slurry Seal Project, Area 5 Rutherfurd TE Project Manager Keith offers more than 34 years of transportation and traffic engineering experience with a comprehensive background in transportation analysis and design plan preparation. He performs technical analyses and studies, prepares various reports, and designs improvement plans for numerous public works projects. Specific transportation engineering experience includes road alignment studies; highway and street improvements design, including geometric studies, interchanges, and ramps; traffic engineering, including site impact studies, parking and bikeway studies, bus operations, signing, striping, traffic signal, and traffic control plan design. Relevant Experience • Protected -Permissive Left Turn Phasing, Irvine, California, (Project Manager) • HSIP Cycle 5 and Cycle 6 Traffic Signal Modification Design, Orange, California (Project Manager) • McGaw Avenue and Armstrong Avenue Traffic Signal Installation, Irvine, California (Project Manager) • Bison Ave, San Joaquin Hills Rd, and San Nicolas Dr, Pavement Rehabilitation, Newport Beach, California (Traffic Task Manager) • Newport Boulevard Widening Project, Newport Beach, California (Traffic Task Manager) Mohammac Heiat PE Principal -in -Charge - QA/QC Manager Mohammad is a leader in his field, with more than 38 years of civil engineering experience focused on transportation for a broad range of public works and private residential and commercial development projects. His experience includes an extensive list of capital improvement facilities design, roadway and intersection improvement plans. Mohammad has served as project principal, quality control supervisor, project manager and project engineer for roadway rehabilitation, capacity enhancement, drainage and flood control facilities design. Relevant Experience • Smoketree Lane and Jeffrey Road Intersection Improvements, Irvine, California, (Principal-om-Charge) • Lomita Boulevard Intersection Improvements, Lomita, California (Project Manager) • Lakewood Boulevard Improvements, Phases 313 and 3C, Downey, California (Project Manager) • Newport Boulevard Widening Project, Newport Beach, California (QA/QC Manager) November 18, 2020 Mr. Eric Loke PE, TE Page 6 of 6 Reference: Preparation of Signing and Striping Plans — FY 2020.21 Slurry Seal Project, Area 5 Park TE Project Engineer Josh has more than five years of traffic and transportation engineering experience. His technical experience includes traffic operations analysis, including traffic signal timing and warrants, speed studies, impact analysis and the preparation of signing and striping, traffic signal, and traffic control design plans. Josh has extensive knowledge in AutoCAD and various traffic forecasting and planning software such as Synchro and PTV Vistro. Relevant Experience • HSIP Cycle 5 and Cycle 6 Traffic Signal Modification Design, Orange, California (Traffic Engineer) • McGaw Avenue and Armstrong Avenue Traffic Signal Installation, Irvine, California (Traffic Engineer) • Traffic Signal Installation Design at 2 Locations, Lake Elsinore, California (Design Engineer) • Lakewood Boulevard Improvements, Phases 3B and 3C, Downey, California (Traffic Engineer) • Newport Boulevard Widening Project, Newport Beach, California (Design Engineer) Pham EIT Project Designer Kenny's technical expertise includes traffic signal timing and warrants, speed studies, impact analysis and the preparation of signing and striping, traffic signal, and traffic control design plans. He is proficient with AutoCAD and various traffic forecasting and planning software, including Highway Capacity Software (HCS), PTV Vistro, and Synchro. Relevant Experience • Prairie Avenue, Los Angeles County, California (Project Designer) • EI Segundo Boulevard Transit Safety and Security Program (TSSP), Los Angeles, California (Project Designer) • Truck Haul Route 1-5 Freeway to Curtis Park, Mission Viejo, California (Project Designer) • Traffic Control and Detour Plan for Bison Avenue, Newport Beach, California (Project Designer) 1 AMENDMENT NO. ONE TO f; ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR TRAFFIC ENGINEERING SERVICES THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 19th day of September, 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 October 10, 2017, City and Consultant entered into a Professional Services Agreement ("Agreement") for on call traffic and transportation engineering services ("Project"). B. The parties desire to enter into this Amendment No. One to extend the term of the Agreement to September 19, 2021, to amend the Notices section of the Agreement, and to amend the Insurance section of the Agreement (Exhibit C). NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. 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 September 19, 2021, unless terminated earlier as set forth herein." 2. NOTICES Section 26.3 of the Agreement is amended in its entirety and replaced with the following: "All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Keith Rutherfurd, T.E. Stantec Consulting Services, Inc. 38 Technology, Suite 100 Irvine, CA 92618" 3. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES Exhibit C of the Agreement is amended in its entirety and replaced with the Exhibit C attached hereto and incorporated herein. 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. One 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: 1 Z. / j 7 / 2 D Z d Date:_T�-)-I By: �- C_ Y By: Aaron C. Harp Grace K. Leung City Attorney City Manager ATTEST: / Date: I By: Leilani I. Brown City Clerk CONSULTANT: Stantec Consulting Services Inc., a New York corporation Date: By: Signed in Counterpart Mohammad Heiat Principal O� ��W PORT [END OF SIGNATURES] a CqG/ FO R�` Attachments: Exhibit C — Insurance Requirements 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 ATTORNEY'S OFFICE Date:( 2.. /—/ 7 / ?.62, c By: Aaron C. Harp City Attorney ATTEST: Date: C Leilani I. Brown City Clerk Attachments 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: 12/21/2020 B/ -- Z-- �'c� Y� Mohammad Heiat Principal [END OF SIGNATURES] Exhibit C — Insurance Requirements Stantec Consulting Services Inc. Page 3 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. Stantec Consulting Services Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and two million dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Stantec Consulting Services Inc. Page C-2 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. Stantec Consulting Services Inc. Page C-3 G. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Stantec Consulting Services Inc. Page C-4 Reyes, Raymund From: Customer Service <.customerservice@ebix.com> Sent: Friday, December 11, 2020 5:56 PM To: Reyes, Raymund; Insurance Cc: sagar@ebix.com Subject: Compliance Alert --Vendor Number FV00000.369 [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. FV00000369 Stantec Consulting Services Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach. ® Stantec February 24, 2020 File: 204281025 Stantec Consulting Services Inc. 38 Technology Drive, Irvine CA 92618-5312 Attention: Mr. Eric Loke PE, TE Senior Civil Engineer City of Newport Beach - Public Works Department 100 Civic Center Drive, Bay 2D Newport Beach, CA 92660 Dear Mr. Loke, �PPrwtJ� Stwior Ctv; l VIA: 0,145/mo y1t,1t ac,f ' *1 Zt pl cG fo f roctd. Reference: Preparation of Signing and Striping Plans - FY 2019-20 Slurry Seal Project, Area 4 Thank you for providing Stantec Consulting Services Inc. (Stantec) the opportunity to submit this revised proposal for the preparation of signing and striping plans and estimates (P&E) for roadways included in the FY 2019-20 Slurry Seal, Area 4 Project within the City of Newport Beach (City). This revised proposal is based on your email request for proposal (RFP) with addendum and Slurry Seal Area 4 - RFP location exhibits received on February 10, 2020 and email comments received February 24, 2014 on our proposal dated February 14, 2020. Our project team which has worked together on several projects within the City is shown on the attached organization chart and resumes have been included for identified key staff. Work Plan The following work plan describes each task required to successfully complete field inventory of signing, striping, and pavement and curb markings and preparation of plans and estimates per the latest City RFP transmitted via email on February 10, 2020. We have recently provided similar services to the City for pavement rehabilitation projects along Bison Avenue, San Joaquin Hills Road, and San Nicolas Drive. We have carefully reviewed the RFP and project areas and identified a scope for each task that is anticipated to provide the City of Newport Beach with a cost-effective and timely completed project. Part 1 - Field Inventory, Signing/Striping Plans, and Cost Estimates Task 1 - Signing, Striping, and Pavement and Curb Marking Field Inventory The City has provided ftp site access to available as -built record street improvements, aerial photos, and CAD base mapping for the project area. To verify and augment this material, we will conduct a thorough field review of existing signing, striping, pavement and curb markings. The field walk will include but will not be limited to the following items: Striping/pavement markings - lane configurations, lane widths, turn pocket lengths, crosswalks/limit lines, pavement marking type/location, presence of raised pavement markers; Design with community in mind February 24, 2020 Mr. Eric Loke PE, TE Page 2 of 7 Reference: Preparation of Signing and Striping Plans — FY 2019.20 Slurry Seal Project, Area 4 Curb Markings — color, length, presence of stencil messages; and Signs — CA MUTCD sign code or detail for non-standard signs, installation type (1 or 2 -post, pole -mounted on street. light, etc.), condition. Task 2 - Signing and Striping Plans Following field inventory and review, we will prepare signing and striping plans for the roadways and parking lots included in the Area 4 slurry seal project. We anticipate that the plan set will include eight (8) 1"=100' scale signing and striping plans, one (1) V=40' parking lot(s) plan, and one (1) detail sheet at various scale. The 100 -scale plans will include insets at V=40' where needed to provide additional detail. The plans will be prepared in AutoCAD using the City -provided CAD base files, aerial photos, and Stantec field inventory notes and include street light locations. Striping and pavement markings will be replaced in-kind or per the latest California Manual on Uniform Traffic Control Devices (CA MUTCD). Curb markings/stencils may be refreshed, installed, or removed per direction of the City. The traffic sign work will be based on the inventory of existing signs and an assessment of application of each "critical sign" (warning or regulatory type). Where appropriate, "critical" existing signs within the project limits may be replaced, relocated, or removed to meet current CA MUTCD requirements and City preference. Task 3 - Quantities and Engineer's Opinion of Probable Construction Costs An estimate of probable construction cost will be prepared for the signing and striping improvements shown on the plans. We will complete quantities of materials for the proposed work and will provide all information needed to prepare the Engineer's Opinion of Probable Costs. Computations with supporting back-up materials showing estimated quantities, costs, and sum totals, will be submitted to the City for review. Technical specifications for this project will be provided by the City and are not included in this scope of work. We will submit the 30, 90, and 100 -percent plans and cost estimate (with final plans only) according to the requirements of the City. We will submit the final plans and cost estimate electronically and/or in hard copy format to the City for review and processing. Meetings and bid and construction support services (other than Part 2 services) are not included in this scope of work. Part 2 - CAD Drafting Services for City Work Orders (as -needed) Following completion of the slurry seal projects, the City will issue work orders for City crews to remove unnecessary signs, posts, mounting hardware from poles, consolidate signs, etc. as part of a city-wide clean- up effort. Work order exhibits will be redlined by the City using the Part 1 final plans linework with callouts removed as provided by Stantec. Stantec will provide CAD drafting services only based on the City provided redline designs. The "work order exhibits" do not need to be signed and stamped. For this task, we have allocated a total of 30 hours of CAD drafting to be used as -needed and directed. Design with community in mind February 24, 2020 Mr. Eric Loke PE, TE Page 3 of 7 Reference: Preparation of Signing and Striping Plans — FY 2019.20 Slurry Seal Project, Area 4 Schedule Following notice to proceed (NTP) Stantec has identified the following ten (10) week schedule to complete Part 1 of the project. After award and NTP, we will prepare a project specific schedule identifying submittal and milestone dates for concurrence by the City. Part 1 Week 1: field signing, striping, and curb marking inventories Week 2-3: Prepare and submit 30% plans Week 4: City review of 30% submittal Week 5-6: Prepare and submit 90% plans Week 7: City review of 90% submittal Week 8: Prepare and submit 100% plans and estimate Week 9: City review of 100% plans and estimate Week 10: Submit final approved plans and estimate Part 2 During Part 2 of the Project, CAD drafting on individual work order exhibits will be completed within one week following receipt of redline designs from the City. The draft work order exhibits will be submitted to the City for review and approval and additional revisions will be made if necessary. It is anticipated that City review and any subsequent revisions to work order exhibits will be made within one week of draft submittals. Fees Our time and materials not -to -exceed budget for completing Parts 1 and 2 for this project is $36,390. A spreadsheet with hours and rates by staff classification assigned for each task is attached to this proposal. Tasks 17-QA/QC Mngr. 15 -Prof. Mngr. 12 -Prof. Engr 8-CAD/Des. Engr. Total Totals dwgs hrs hrs hrs hrs hrs $ Part 1 - Field Inventory, Signing/Striping Plans, Cost Estimates 1. Signing/Striping Field Inventory (including curb markings) 2 24 34 60 $8,042 2.Signing/Striping and Detail Plans ( 1 "-100', 1 "-40') 10 4 18 50 80 152 $21,340 3. Quantities and Engr. Opinion of Prob. Constr. Cost 4 6 8 18 $2,596 Part2 - CAD Drafting Servicesfor City Work Orders (as- needed) CAD Drafting for Work Order Exhibits 6 24 30 $3,912 Totals (hrs) 4 30 80 146 260 Rate ($/hr) $242.00 $184.00 $154.00 $117.00 Consulting Fees $968 $5,520 $12,320 $17,082 $35,890 $500 Reimbursables $0 Subconsultant $36,390 Estimated TOTAL FEE Design with community in mind February 24, 2020 Mr. Eric Loke PE, TE Page 4 of 7 Reference: Preparation of Signing and Striping Plans — FY 2019.20 Slurry Seal Project, Area 4 This scope of work/fee does not include the following: 1. In-person meetings 2. Topographic Design Survey 3. ADA upgrade design 4. Roadway Improvements design 5. Preparation of technical specifications/bid documents 6. Bid and construction support services We are excited to have the opportunity to provide our professional services and look forward to working with you on this project. If you have any questions or require additional information, please do not hesitate to contact us at the information below. Regards, Stantec Consulting Services Inc. / I �d Al--, �4/- u/-? 4 Keith Rutherfurd TE Senior Associate Phone: 949 923 6952 Fax: 949 923 6121 Keith. Rutherfurd@stantec.com Attachment: organizational chart resumes Mohammad Heiat PE Principal Phone: 949 923 6962 Fax: 949 923 6121 Mohammad. Heiat@stantec.com 020421usiness_development\204281025_city_of_newport_beach\20200214_signing_striping_plans_2019_2020_slurry_seal_project\let_slurry area 4_021420_krr.docx Design with community in mind February 24, 2020 Mr. Eric Loke PE, TE Page 5 of 7 Reference: Preparation of Signing and Striping Plans — FY 2019.20 Slurry Seal Project, Area 4 LEGEND Ov- Key Personnel ❑ Stantec Principal -in -Charge Mohammad Heiat, PE t= Project Manager Keith Ruth erfurd, TES Traffic Signal Design and Signal Timing Sheet Josh Park, TE Kenny Pham, EIT Design with community in mind February 24, 2020 Mr. Eric Loke PE, TE Page 6 of 7 Reference: Preparation of Signing and Striping Plans — FY 2019.20 Slurry Seal Project, Area 4 Rutherfurd TE Project Manager Keith offers more than 34 years of transportation and traffic engineering experience with a comprehensive background in transportation analysis and design plan preparation. He performs technical analyses and studies, prepares various reports, and designs improvement plans for numerous public works projects. Specific transportation engineering experience includes road alignment studies; highway and street improvements design, including geometric studies, interchanges, and ramps; traffic engineering, including site impact studies, parking and bikeway studies, bus operations, signing, striping, traffic signal, and traffic control plan design. Relevant Experience • Protected -Permissive Left Turn Phasing, Irvine, California, (Project Manager) • HSIP Cycle 5 and Cycle 6 Traffic Signal Modification Design, Orange, California (Project Manager) • McGaw Avenue and Armstrong Avenue Traffic Signal Installation, Irvine, California (Project Manager) • Bison Ave, San Joaquin Hills Rd, and San Nicolas Dr, Pavement Rehabilitation, Newport Beach, California (Traffic Task Manager) • Newport Boulevard Widening Project, Newport Beach, California (Traffic Task Manager) Mohammac Heiat PE Principal -in -Charge - QA/QC Manager Mohammad is a leader in his field, with more than 38 years of civil engineering experience focused on transportation for a broad range of public works and private residential and commercial development projects. His experience includes an extensive list of capital improvement facilities design, roadway and intersection improvement plans. Mohammad has served as project principal, quality control supervisor, project manager and project engineer for roadway rehabilitation, capacity enhancement, drainage and flood control facilities design. Relevant Experience • Smoketree Lane and Jeffrey Road Intersection Improvements, Irvine, California, (Principal-om-Charge) • Lomita Boulevard Intersection Improvements, Lomita, California (Project Manager) • Lakewood Boulevard Improvements, Phases 313 and 3C, Downey, California (Project Manager) • Newport Boulevard Widening Project, Newport Beach, California (QA/QC Manager) February 24, 2020 Mr. Eric Loke PE, TE Page 7 of 7 Reference: Preparation of Signing and Striping Plans — FY 2019.20 Slurry Seal Project, Area 4 Park TE Project Engineer Josh has more than five years of traffic and transportation engineering experience. His technical experience includes traffic operations analysis, including traffic signal timing and warrants, speed studies, impact analysis and the preparation of signing and striping, traffic signal, and traffic control design plans. Josh has extensive knowledge in AutoCAD and various traffic forecasting and planning software such as Synchro and PTV Vistro. Relevant Experience • HSIP Cycle 5 and Cycle 6 Traffic Signal Modification Design, Orange, California (Traffic Engineer) • McGaw Avenue and Armstrong Avenue Traffic Signal Installation, Irvine, California (Traffic Engineer) • Traffic Signal Installation Design at 2 Locations, Lake Elsinore, California (Design Engineer) • Lakewood Boulevard Improvements, Phases 3B and 3C, Downey, California (Traffic Engineer) • Newport Boulevard Widening Project, Newport Beach, California (Design Engineer) Pham EIT Project Designer Kenny's technical expertise includes traffic signal timing and warrants, speed studies, impact analysis and the preparation of signing and striping, traffic signal, and traffic control design plans. He is proficient with AutoCAD and various traffic forecasting and planning software, including Highway Capacity Software (HCS), PTV Vistro, and Synchro. Relevant Experience • Prairie Avenue, Los Angeles County, California (Project Designer) • EI Segundo Boulevard Transit Safety and Security Program (TSSP), Los Angeles, California (Project Designer) • Truck Haul Route 1-5 Freeway to Curtis Park, Mission Viejo, California (Project Designer) • Traffic Control and Detour Plan for Bison Avenue, Newport Beach, California (Project Designer) ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC. FOR TRAFFIC ENGINEERING SERVICES THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and entered into as of this 10th day of October, 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 on call traffic and transportation engineering services ("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 September 19, 2020, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Consultant shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. 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 and the Letter Proposal. 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 and the Letter Proposal, 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 Letter Proposal 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 Twenty Thousand Dollars and 00/100 ($120,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person Stantec Consulting Services, Inc. Page 2 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 and the Letter Proposal or specifically approved in writing in advance by City. 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 and the Letter Proposal. 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 Keith Rutherfurd, T.E. 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 Stantec Consulting Services, Inc. Page 3 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 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 Stantec Consulting Services, Inc. Page 4 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 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 or Work pursuant to this Agreement shall: work full-time for more than six (6) months; work regular part-time service of at least an average of twenty (20) hours per week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS 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. Stantec Consulting Services, Inc. Page 5 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 orfor other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner orjoint 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 and the Letter Proposal. 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. Stantec Consulting Services, Inc. Page 6 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability 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 ("CADY) 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. Stantec Consulting Services, Inc. Page 7 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. 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. Stantec Consulting Services, Inc. Page 8 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 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 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: Keith Rutherfurd, T.E. 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 Stantec Consulting Services, Inc. Page 9 acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 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. Stantec Consulting Services, Inc. Page 10 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, Stantec Consulting Services, Inc. Page 11 ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Stantec Consulting Services, Inc. Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORN Y'S OFFICE Date:g/I7 By: Aaron C. Harp wN 0011LFi11- City Attorney ATTEST: Date: Leilani I. Brown City Clark Attachments: CITY OF NEWPORT BEACH, a California municipal corporation Date: lo�\t\y-,4, By:_�� David RW City Manager CONSULTANT: Stantec Consulting Services, Inc., a New York Corporation Mohammad Heiat Principal [END OF SIGNATURES] 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 Consultant shall provide City with the following on-call Services that include, but are not limited to: • Preparation of plans, specifications and estimates for traffic transportation engineering projects; • Prepare traffic studies, reviews, and calming studies; • Traffic signal timing; • Conceptual design plans and exhibits; • Cost estimating and value engineering; • Transportation planning /traffic impact studies; • Bid support; • Preparation of record drawings; and • Develop work plans and execute tasks per mutually agreed upon schedules. Stantec Consulting Services, Inc. Page A-1 EXHIBIT B SCHEDULE OF BILLING RATES Stantec Consulting Services, Inc. Page B-1 Billing Level Hourly Rate Description _. S:Itmcl Serest=c -,- Junior Level Position 3 I $75 Independently carries out assignments of limited scope using standard procedures, methods and techniques 4 $83 • Assists senior staff In carrying out more advanced procedures 5 $93 • Completed work is reviewed for feasibility and soundness of judgment • Graduate from an appropriate post -secondary program or equivalent • Generally, one to three years' experlence Fully qualified Professional Position • Carries out assignments requiring general familiarity within a broad field of the 6 $101 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 U $117 • Works Independently to Interpret Information and resolve difficulties • Graduate from an appropriate post -secondary program, with credentials or equivalent • Generally, three to six years' experience First Level Supervisor or first complete Level of Specialization I • Provides applied professional knowledge and initiative In planning and $125 coordlnoting work programs 10 $135 • Adapts established guidelines as necessary to address unusual Issues II $144 • Decisions accepted as technically accurate, however may on occasion be reviewed for soundness ofjudgment • Graduate from an appropriate post -secondary program, with credentials or equivalent • Generally, five to nine years' experience Highly Specialized Technical Professional or Supervisor of groups of professionals • Provides multi -discipline knowledge to deliver Innovative solutions In related field 12$154 of expertise • Participates in short and long range planning to ensure the achievement of 13 $165 objectives 14 5175 • Makes responsible decisions on all matters, Including policy recommendations, work methods, and financial controls associated with large expenditures • Reviews and evaluates technical work • Graduate from an appropriate post -secondary program, with credentials or equivalent • Generally, ten to fifteen years' experience with extensive, broad experience _. S:Itmcl Serest=c -,- filling Level 15 16 17 18 19 20 21 Hourly Rate $184 $212 $242 $283 $319 $354 $390 Description Senior Level Consultant or Management Recognized as an authority in a specific field with qualifications of significant j value Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise • Independently conceives programs and problems for Investigation • Participates in discussions to ensure the achievement of program and/or project objectives • Makes responsible decisions on expenditures. Including large sums or Implementation of major programs and/or projects • Graduate from an appropriate post -secondary program, with credentials or equivalent • Generally. more than twelve years' experience with extensive experience Senior Level Management under review by Vice President or higher • Recognized as an authority In a specific field with qualifications of significant value • Responsible for long range planning within a specific area of practice or region • Makes decisions which ore for reaching and limited only by objectives and policies of the organization • Plans/approves projects requiring significant human resources or capital Investment • Graduate from an appropriate post -secondary program. with credentials or equivalent • Generally, fifteen years' experience with extensive professional and management experience — c- -: ' — - - r,-- _ 21 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. Reguirements 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. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this 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: 10/12/17 Date Completed: 10/12/17 Dept./Contact Received From: Lucie Sent to: Lucie By: Jan Company/Person required to have certificate: Stantec Consulting Services (Traffic) Type of contract: Other GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/17 - 5/1/18 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? $2M/$4M E. ADDITIONAL INSURED ENDORSEMENT—please attach F. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) G. ADDITIONAL INSURED FOR PRODUCTS AND COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? 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? K. ELECTED SCMAF COVERAGE (RECREATION ONLY): L. NOTICE OF CANCELLATION: II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 5/1/17 - 5/1/18 ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ® Yes ❑ No ❑ Yes ®No ® N/A ❑ Yes ❑ No ❑ N/A ® Yes ❑ No 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? ® 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/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 5/1/17 - 5/1/18 A. INSURANCE COMPANY: Sentry Insurance aMutual 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 ofAlliant Insurance Services Date Broker of record for the City of Newport Beach I [all Pil Fri ® 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 aooroval required for non -admitted Professional Liability carrier. 10/10/17 Risk Management approved use of non -admitted carrier for Professional Liability. Approved: Risk Management Date * Subject to the terms of the contract.