HomeMy WebLinkAboutC-7433-1 - PSA for Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation Project Design Servicescn
M AMENDMENT NO. TWO TO
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PROFESSIONAL SERVICES AGREEMENT
VWITH STANTEC CONSULTING SERVICES, INC. FOR
BISON AVENUE AND SAN JOAQUIN HILLS ROAD PAVEMENT
REHABILITATION PROJECT DESIGN SERVICES
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 22nd day of June, 2020
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California INC.,
a New York corporation ("Consultant"), whose address is 38 Technology Drive, Suite 100,
Irvine, California 92618, and is made with reference to the following:
RECITALS
A. On October 23, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide professional engineering design services for
the Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation Project
("Project").
B. On February 15, 2019, City and Consultant entered into Amendment No. One to
the Agreement ("Amendment No. One") to reflect additional services not previously
included in the Agreement, extend the term of the Agreement, and to increase the
total compensation.
C. The parties desire to enter into this Amendment No. Two to extend the term of the
Agreement to February 28, 2021, and to update insurance requirements.
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 February 28, 2021, unless terminated earlier as set forth herein."
2. INSURANCE REQUIREMENTS
Exhibit C, "Insurance Requirements," Section 5(A), is amended in its entirety and
replaced with 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. All of the executed documents referenced in this
Contract must be returned to City within ten (10) regular City business days after the date
on the "Notification of Award." Insurance certificates and endorsements 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
Contract. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15)
days prior to the expiration of any such policy, evidence of insurance showing that such
insurance coverage has been renewed or extended shall be filed with the City. If such
coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of
written notice of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has been provided
through another insurance company or companies. City reserves the right to require
complete, certified copies of all required insurance policies, at any time."
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
LIM
Signed in Counterpart
Aaron C. Harp
City Attorney
ATTEST: �y 3 ,�
Date: `� ,
By: —a, � ��'I►�-
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: % -7_ -70
By:
Grac I . Leung
Ci anager
CONSULTANT: Stantec Consulting
Services, Inc., a New York corporation
Date:
Signed in Counterpart
By:
Mohammad Heiat
Principal
[END OF SIGNATURES]
Stantec Consulting Services, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: Q23. zozv
By: l,l,,.-.. A�
'For= Aaron C. Harp
City Attorney
ATTEST:
27
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
By:
Grace K. Leung
City Manager
CONSULTANT: Stantec Consulting
Services, Inc., a New York corporation
Date: 8/75/202&
By: ff&ZZ -z !/
Mohammad Heiat
Principal
[END OF SIGNATURES]
Stantec Consulting Services, Inc. Page 3
Reyes, Raymund
From:
Customer Service <customerservice@ebix.com>
Sent:
Thursday, August 13, 2020 5:37 PM
To:
Reyes, Raymund; Insurance
Cc:
sagar@ebix.com
Subject:
Compliance Alert -Vendor Number FV00000181
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of
insurance requirements. FV00000181 Stantec Consulting Services
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.
AMENDMENT NO. ONE TO
('n PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES, INC. FOR
BISON AVENUE AND SAN JOAQUIN HILLS ROAD PAVEMENT
REHABILITATION PROJECT DESIGN SERVICES
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 15th day of February, 2019
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES,
INC., a New York corporation ("Consultant"), whose address is 100 Technology Drive,
Irvine, California 92619, and is made with reference to the following:
RECITALS
A. On October 23, 2018, City and Consultant entered into a Professional Services
Agreement ("Agreement") to engage Consultant to provide professional
engineering design services for the Bison Avenue and San Joaquin Hills Road
Pavement Rehabilitation Project ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
June 30, 2020, and to increase the total compensation.
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 June 30, 2020, unless terminated earlier as set forth herein."
2. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall
collectively be known as "Exhibit A." The City may elect to delete certain Services within
the Scope of Services at its sole discretion.
3. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
("Services" or "Work"). Exhibit B to the Agreement and Exhibit B to this Amendment No.
One shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items, subconsultant fees, and contingency shall not exceed Two Hundred
Forty Seven Thousand One Hundred Thirty Seven Dollars and 00/100 ($247,137.00),
without prior written authorization from City. No billing rate changes shall be made during
the term of this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Thirty Eight Thousand Nine Hundred Eighteen Dollars and 00/100 ($38,918.00).
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR E`S OFFICE
Date: 2
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 9-11-19
By: By:
Fot': Aaron C. HarpGr c K. Leung
City Attorney C anager
ATTEST:
Date. �-/A-jf
By:
Leilani I. Brown
City Clerk
CONSULTANT: Stantec Consulting
Services, Inc., a New York corporation
Date:
Signed in Counterpart
By:
Mohammad Heiat
Principal
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOR E 'S OFFICE
Date: 2
By.
For: Aaron C. Harp ,�M�►o�i<<�
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Grace K. Leung
City Manager
CONSULTANT: Stantec Consulting
Services, Inc„ a New York corporation
Date: Z 2-0/.
By:
Mohammad Heiat
Principal
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Stantec Consulting Services, Inc. Page A-1
January 2, 2019
Mr. Ben Davis
Page 2 of 4
Reference: Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation Project
Amendment No. 1 - Additional San Nicolas Drive Improvements
EXHIBIT "A"
REQUEST FOR ADDITIONAL ENGINEERING DESIGN SERVICES
BISON AVENUE AND SAN JOAQUIN HILLS ROAD PAVEMENT REHABILITATION PROJECT
NEWPORT BEACH, CALIFORNIA
Amendment No. 1
SCOPE OF SERVICES
1. Additional Research, Data Collection, and Field Review.
We will complete research and data collection and perform an additional field review for
the additional San Nicholas segment in accordance with the scope defined in the original
contract (Task A).
2. Additional Utility Coordination.
We will provide additional utility coordination services for the additional San Nicholas
segment in accordance with the scope defined in the original contract (Task B).
3. Additional Design Survey and Base Mapping.
We will provide design surveying and prepare topographic and utility base maps for the
additional San Nicholas segment (approximately 1,150 linear feet) in accordance with the
scope defined in the original contract (Tasks C and E).
4. Additional Traffic Index Calculation.
We will prepare a single traffic index calculation for the additional San Nicholas segment in
accordance with the scope defined in the original contract (Task I.1).
5. Additional Geotechnical Engineering.
GMU will provide additional geotechnical engineering for the San Nicholas segment in
accordance with the scope defined in the original contract (Task D). The additional scope
includes two (2) corings and the recommendations will be incorporated into the project
pavement report. Deflection testing is not included.
6. Additional Construction Documents (PS&E).
We will provide additional Construction Documents (PS&E) for the additional San Nicholas
segment in accordance with the scope defined in the original contract (Task F.1, F.2, FA, F.5,
F.6 and F.7). Two (2) additional Roadway Improvement Plans and one (1) additional Signing
and Striping Plan will be prepared. The Title Sheet, Index Map Sheet, Typical Cross Sections
Design with community in mind
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January 2, 2019
Mr. Ben Davis
Page 3 of 4
Reference: Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation Project
Amendment No. 1 - Additional San Nicolas Drive Improvements
Sheet, and Details Sheet(s) will be updated to include the additional improvements.
Roadway Design Sections will be prepared for the additional improvements. However, we
assume that intersections grid details will not be required. Finally, the special provisions will
include the additional improvements and a separate cost estimate will be prepared.
7. Additional Construction Support Services and As -Built Drawings.
We will provide Construction Support Services and As -Built Plans for the additional San
Nicholas segment in accordance with the scope defined in the original contract (Task F.8,
Task H).
8. Additional Project Management and Coordination.
We will provide Project Management and Coordination for the additional San Nicholas
segment in accordance with the scope defined in the original contract (Task G).
Design with community in mind
EXHIBIT B
SCHEDULE OF BILLING RATES
Stantec Consulting Services, Inc. Page B-1
January 2, 2019
Mr. Ben Davis
Page 4 of 4
Reference: Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation Project
Amendment No. 1 - Additional San Nicolas Drive Improvements
EXHIBIT "B"
REQUEST FOR ADDITIONAL ENGINEERING DESIGN SERVICES
BISON AVENUE AND SAN JOAQUIN HILLS ROAD PAVEMENT REHABILITATION PROJECT
NEWPORT BEACH, CALIFORNIA
Amendment No. 1
FEE ESTIMATE
1. Additional Research, Data Collection, and Field Review ....................................................... $1,953
2. Additional Utility Coordination....................................................................................................$ 1,147
3. Additional Design Survey and Base Mapping.......................................................................$ 10,942
4. Additional Traffic Index Calculation.......................................................................................... $ 1,698
5. Additional Pavement Report...................................................................................................... $ 7,785
6. Additional Construction Documents(PS&E)........................................................................... $ 10,617
7. Additional Construction Support Services and As -Built Drawings ......................................... $ 1,867
8. Additional Project Management and Coordination.............................................................. $ 2,909
TOTALFEE ESTIMATE....................................................................................................................... $38,918
Design with community in mind
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PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES INC. FOR
BISON AVENUE AND SAN JOAQUIN HILLS ROAD PAVEMENT
REHABILITATION PROJECT DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 23rd day of October, 2018 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and STANTEC CONSULTING SERVICES INC., a New York corporation ("Consultant'),
whose address is 100 Technology Drive, Irvine, California 92619, 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 professional engineering design
services for the Bison Avenue and San Joaquin Hills Road Pavement
Rehabilitation Project ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
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, subconsultant fees, and contingency shall not exceed Two Hundred
Eight Thousand Two Hundred Nineteen Dollars and 00/100 ($208,219.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
Stantec Consulting Services Inc. Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated 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
Stantec Consulting Services Inc. Page 3
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
Stantec Consulting Services Inc. Page 4
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
Stantec Consulting Services Inc. Page 5
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
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
Stantec Consulting Services Inc. Page 6
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.
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
Stantec Consulting Services Inc. Page 7
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") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
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
Stantec Consulting Services Inc. Page 8
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 Department
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.
100 Technology Drive
Irvine, CA 92618
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
Stantec Consulting Services Inc. Page 9
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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 ATTORNEY'S OFFICE
Date: f o�� ig
By:��r
pqr; Aaron C. Harp crM ioloH�is
City Attorney
ATTEST: �
Date: /0. 2'17
By: aw,
Leilani I. Brown
City Clerk
1X
Lq(.► F0?
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
4y: �ll e
Marsha"Du4yy"DeId
Mayor
CONSULTANT: Stantec Consulting
Services Inc., a New York corporation
Date:
Signed in Counterpart
By:
Mohammad Heiat
Principal
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Stantec Consulting Services Inc. Page 13
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
Dater
By.-
po(. Aaron C. Harp
City Attorney
ATTEST:
Date:
EM
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date.-
ate:
By.--
By:
Marshall
Marshall "Duffy" Duffield
Mayor
CONSULTANT: Stantec Consulting
Services Inc., a New York corporation
Date: 161115 //"4
By:
Mohammad Heiat
Principal
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Stantec Consulting Services Inc. Page 13
EXHIBIT A
SCOPE OF SERVICES
Stantec Consulting Services Inc. Page A-1
C. Project Team's Experiences ® Stantee
Legend
"Key personnel
Ergagirg the igrt team members at the right time
is the corrers*one of a successful project. "Ne Dffer
omprehensive. rapid, and cos' -effective project
,-ieliv ry. die erre familiar with the loc,rrl ,r,:)cles
_ind regulations -i-d Ming collec`ive krowiedge,
enabling us to efficiently complete your project on
5cher'11,le=ir•:_I Nlrhir OiAget.
We have assembled a highly qualified team for
this proje, —anbers
based Dr
_wd experience ^/,icrkira , -r ;o,- _ .Ir I
r,31\/ed _igerc:-s. -i 'l.
to this contract. Efficient coordination within our
elca'Icrshlps rD.e
he�, r ab e
c.rOjew's it =i Sll,,&ar p�1Ci'y
Our team members' relevant qualifications follow
C. Project Team's Experiences
Qualified and Trusted
Teaming Partners
A,,' 'l -e i,[ 1! 1,, '.I ._aa . N7 will pfo/Ide- e, ---III
project management, civil/traffic engineering.
jtlliry research :and coordiraatior, survey -It -i
Ric sire,` Jesigr. signing .and striping ae.s;fir
PS&E preparation, quality control and construction
support --activities.
We ve enlisted the support of GMU Geotechnical,
Irc. to provide pavement engineering consulting
services to best serve your project. We have also
enlisted the support of NDS to provide traffic counts
as part of the traffic index calculation option task.
National Data & Surveying Services
National Data and Surveying
Services (NDS) —Traffic Counts
cost-effective traffic, transit and GIS/GPS data
solutions, They bring pan ouavarding'eam or
�0 or -�rnssior3ls. NGS is the larges and mos,
experienced traffic data collection firm on the
west coast. With local field crews in 10 major cities,
They will respond quickly to --1s. NGS will
level, -age theirrise o deiive,
accurate and :s� professioral
manner.
ral
Our local teaming partners
are available and qualified
to support this important
community project.
® Stantec
GEOTECHNICAL, INC.
GMU Geotechncial, Inc. (GMU) -
Pavement Report
Gtr& has ouilr :7 r r spew!
consultant for some _ -.. allergIra
and recognizable prolew�s lug -i r. Sootrc
California. GMU approaches each projec- wi`h the
objective of developing innovative geotechnical
and pavement engineering so11.:+ions. We make
it a personal goal to find cost-effective and
mplementable solutions.
;Tient his?ory and retention attest tc GrvMI,
commitnert 'o service excellence. Their 50 years Dr
service exceller•ce has been recognized by n'0 -re
than 50 ,Awards and special ecogritior. while
also providing on 'ime/on-budge' ^��`.�m-arc
A.cknowledgmert of our achieves .
from national organizations such_ -
regional Dies sr,ch as C--alGeo ar.- -. _ _,i
of ASCE. yhe are continually
Jur,t�/ �'-'r_U-��e --Is one _r -1-e
consulting firms in Orange County.
Loca,ed it Ranch^ Saar':; M,_ii;gar r._1.
office houses a 42 -person team of highly qualified
professloral erglreers. geologists, ird �rair= "
technicians with experience it all pl
pavemert ergireering ge(-_recrric
engineering geology, and materials
staff includes:
• Eigh' processional and ,deo _ -ri _al ergir�ee
icensed it 7__aliforr,ia
• Five certified engineering geologists licensed in
• Er,ire�-� a - -( is :ars (r-1
Engineering technicians hold certifications from
r
A�`r'i V-1 also' �r —_.a� ����k�_71
12
C. Project Team's Experiences
Team Member
Relevant Qualifications
fur experienced team has 'I -e 'ighr balarce of
skillsets o deliver youa high-,_lucrlity paven)ent
rehabilitation pioject. The following table highlights
each 'eam members relevant educa?ion.
credenfials, and registrations fhat will be leveraged
to Complete your project on schedule and within
budget.
® Stantec
13
YEARS OF
PROJECT•
•[REGISTRATION
Jeff Wilkerson, PE
Project Manager
19
MS and BS, Civil
and Street Design
Engineering
CA PE =53400
Mohammad Heiat,
Principal -in-
37
MS and BS. Civil
Pc
Charge/ QA/QC
Engineering
CA °C -45776
John ;_3,
Street Design,
30
MS and BS, Civil
C P= =49325
Engineering
C-�rros ' eda. ?E,Sheet
Ds;g
37
MS and BS, Civil
-- DSP/QSD
-ngineering
�,-
CA :.38039
>>vic
Street Des.r
3S, Civil Engineering
CA 88�_
=
Traffic Design
33
MS, Civil/
Transportation
-A T 647
ngineering BS,
Administrative Studies
1cs _ �. T=
Traffic Design
BS, Civil Engineer�rg
Ca
Traffic Design
33
Certified Work Zone
Temporary Traffic
Contro; Tecrricia-
coordination
BS, Cavil Engineering
_
e S e o o,.,,-._
vey and
9
AA, Survey and
CA P!-3 8395
- c,ing
Mapping
A 3astr7r ,
-wort
20
PhD and MS, Civil
and Environmental
CA CE =2458
Engineering
CA PE =53924
BS, Civ i Engineering
13
D. Scope of Services ® Stantec
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.
We will also perform a field review of the site to
evaluate the following:
• Cordition of the existing roadway improvements
• identify anv rotewor'hy _eatures
• Determine he location of ary damaged. wised
or sunken curbs gutters. sidewalks, and .`i
concrete improvements within rhe ot;bir rt -
of -way that needs to be construe— -I =r = a
or brought up to current ADA standards
Prior to the field review, we will coordinate with
You to determine the extent of repairs and ADA.
improvements you are planning for this project.
During the field walk, we will take digital photos
and document the iocation of all potential repair
_ations and any other tss��� squiring special
=r`inr
Task B - Utility Coordination
_r will distrib,. 'he
first utility request notices to utility companies in the
project ._uea _ira will forward us the :_'iii;
clrcl ary ,,tlliry naps Or at aSBS reCeiV,�:_I. 'AiH /vill
,Drgan17e 'hlS Ir"Dr!or, Ir` .-i .1ity :�OorJrcI1!1"
Matnx that will be _iDclated througrout rhe
pr_�ject. /Ve will __�Jordinate 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
iocation of all known *hies and Cary preliminary
utility relocations or adjustments identified. We will
ask the utility companies to confirm the location of
'heir existing facilities. identify any missing facilities
or improvements that are currently being planned
and confirm that the preliminary utility relocations,
protection in-place. 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 approv 71. We will then obtain wnt'er
confirmation from each utility company that all
comments have been addressed and the plans
are acceptable.
14
D. Scope of Services
Task C — Design Surveying
�-veyors will a.- --iblish horizonfal and ves ical
survey control and perform a field topographic
surrey to document the existing site topography
and plarimetrics 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 Bison. Avenue between Jamboree
Road to north of Bayswater, approximately 50 past
the edge of pavement (+/- 3:500 LFI and along
San Joaquin Hills Road from Jamboree Road to
Macarthur Boulevard (+/- 5,500 LFI to locate visible
surface improvements and surface utilities within
the project limits.
As part of the field survey, we will observe
monuments to 'race the centerlines and rights of
ways of Bisor , enue and San Joaquin Hills Road
and all cross _eTs within the project limits. We will
incorpc! _: � -"e results into a base map illustrating
existing rigs-, - -way conditions. This will not be a full
and comple— boundary survey of the adjacent
land parcels.
Survey monuments located and indicated on
the survey will be limited to existing centerline
monuments found along Bison Avenue and San
Joaquin Hills Road. We assume that Corner Records
will be filed by the contractor as required by the
Special Provisions.
Task D - Pavement Report
TASK DA — DOCUMENT REVIEW,
PAVEMENT SURFACE CONDITION ASSESSMENT,
AND DIG ALERT COORDINATION
As part of their effort to develop a pavement
report for `his project, GMU will do the following:
•
Perforn-i a document review of existing as -built
drawings. The informan cr ,gathered from `his
review will be consicler� i i e existing pavemer'
section thickresses. _ _ _i,derii
tilities. date rf last -
work
i limi�ecl pa°;er er 1171:�r
_identify the`yp.`-r' yard
pis ,t the pavemer _listres i
gene -, '_a if- _e with ASTIV D 6433.
•
-.r _ _ _i=r.gror�nd Servic_ A:er*? will
be notified to assess potential conflict with
lies prior : per ormir_a
® Stantec
TASK D.2 — SUBSURFACE EXPLORATION
• GMU will obtain _ii erc' _,_ichment permit from
the City of Newport Bea, for the proposed
subsurface exploration. Aie have assumed
permits from other agencies are not required.
We will also situate olir coring locations in such
way that we will avoid Caltrans Right-of-way in
order to avoid obtaining, --i permit from Caltrans,
however, still be able to capture epresertative
samples in its vicinity.
• Pavement corings will be pe --rmed to a
maximum depth of four fee- .�-elow the top
of the existing asphalt c --r _ - s,.rface using
an electric -powered core :.frill. Sampling and
digging below the AC section will be performed
using hard tools. The thickness of the existing
asphalt concrete (AC) and aggregate base
(AB), if present, will be recorded. A bulk sample
of the subgrade soil will be collected. At select
locations, drive sample will be collected at the
top approximate foot or so of the subgrade
to gather in-place density and moisture
information. Upon completion of the sampling,
the core hole will be back-filled with soil cuttings
or other suitable backfill materials and capped
with asphalt concrete cold patch.
• GMU will perform a tots al :DI: I0 pavement corings.
Six 16i cores will be performed within San Joaquin
Hills Road ,and far 41 cores will be performed
within Bison Avenue. -Dur budget assumes 1 day
of pavement coring.
• Traffic control will consist of single lane closures,
performed in accordance wifh rhe WATCH
Manual. Traffic control will consist of cones and
arrow boards that will redirect vehicles around
our work zone. We have assumed that traffic
control plans will not be required and costs to
have traffic control plans prepared or stamped
is rot :considered in .our fee: hrDwever, we have
included separate lire items in our cost into`o
piovirle 'hese services. dt needed.
D. Scope of Services
TASK D.3 — LABORATORY TESTING
Labora, `_-sting will be conducte,:;
samples collected from the field investigation
program. Laboratory tests will include:
• R -value
• Sieve No. 200 wash for soil classification
• Atterberg Limits for soil classification
• Corrosion. series (sulfate, chlorides, resistivity
and pH)
• Maximum density and optimum moisture
content
• In-place moisture/density
TASK DA — PAVEMENT ANALYSIS
• Pavement engineering analysis will be
performed in accordance with the Caltrans
Highway Design Manual. This methodology
considers the relationship between the traffic
it �: x (TI), subgrade soil strength (through R -value
I the gravel factors of the various
pa, -n layers, allowing us to identify dig -out
areas. habilitation options: and estimate the
required pavement thicknesses. We will utilize
the TI provided by the project Civil Engineer for a
design. of a 10 and 20 -year life expectancies.
TASK D.5 — PAVEMENT EVALUATION REPORT
One final report will be prepared to summarize our
findings, conclusions, and recommendations. The
final report will include:
•Sur,mary of information gathered from the
document review
• Project location map
•Subsurface exploration location map
• Pavement coring infonration (asphalt concrete
Thickness: aggregate base thickness, subgrade
soil type. etc.)
• Selecl photographs of the pavement surface
ordilion
• Laborator, ' estirg results
• Pavemert repair and rehabilitation
,ecommerdations (ircludirg thickness
recommendations)
The final report will be signed and stamped by a
-alifornia regis'ered civil englreer.
® Stantec
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 I -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 deli\,- .rble will include a
digital CAD drawing contairir ., 'he s..lting data.
Task F - Construction Documents
a;'_r completing backgrourcJ search, base
mapping, and field review, we will prepare the
following plans and supporting documents to yau.
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.
16
D. Scope of Services
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
City's logo, and in accordance with 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 I" = 40� horizontal
scale for the plan views. Profile sheets will be
prepared, if needed, at 1 = 40' horizontal scale
and I " = 4' vertical scale.
The roadway plans will include:
• Removals
• Pavement rehabilitation improvements
• Locations for new and reconstructed curbs,
gutters, sidewalks, driveways, cross gutters and
curb ramps
• Utility adjustments or relocations
We assun-,e hat non-compliant driveway
approaches will Orly be ecorStrucfed if 'he
parkway width s wide enough to accrmm.�d:�ate
the new Iriveway withou' major impac's `10 private
prooer'y improvements. Curb and .gutter will oe
ecors r_ ,ed 'o ro rec''ocal pondirg meas
and the plars will provide `ility teloca1ic ns :_and
sidewalk pop -Ju?s.;r ..cessar/ pr,,ide -I --le -I!
path _ -r:--ivel along the sidewalk.
(3 Stantec
The plans will clearly scow the City and Caltrans
right-of-way lines and the :onstruction notes will
reference the appropriate -ity standard plan.
The Standard Plans for Public Work Construction
SPPWC) and the Caltrans Standard Plans will be
used to supplement the City standard plans. The
roadway plans will also include all horizontal and
vertical control required to .*ake 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 .
Our proposal assumes up to five total
intersection grid detail.
TASK FA - SIGNING AND STRIPING PLANS
We will include .signing, striping, pavemer
markings, and loop replacen ,o
— for Bison Avenue.
San Joaquin Hills Road and r-._sectirg side streets.
if necessary. in the improver _-r ' clan se,. These
plans will reinstall existirg roadwav .;tripirg and
pavement markings along Bison a.,enue 'rom
Jamboree Road - Route 73 Toll Road and
San Joaquin Hills Rcad -nom Jamboree Road to
MacArthur Boulevard. We will prepare signing
;and striping plans to implement the project
improvements using Auto ^ -a' a :: = 40 scale,
"double stacked" with tw:_ _rtal layout
strips placed on each plar. accordance
with City standards.
The signing and srripir-g Q14 -it- will show removal
of :.any existing striping and pavement markirgs
not obliterated by pavement rehabilitation crrd
conflicting with re -installing new striping and
pavement markings. Traffic signs will be replaced
or upgraded, if necessary. The traffic sign work
/will be base:: :r, -ar =r _ signs
yard ar _isse,Ss _.
equlren-erg -:r
CII . vi,hir, ' - . _ 1r -r:le,l 'o
meet current California maru.al r- uniform Traffic
- - mill
very limir_�,n,-
Irl
D. Scope of Services
The Drug and striping plans will also include the
restoration of traffic signal loops destroyed by street
rehabilitation improvements. Existing traffic signal
loops will be replaced at the following signalized
locatiors within the project limits:
Bison Avenue
•.amboree Road
• Country Club Drive/Liberty Baptist
• Belcourt Drive/ Cam elback
• MacArthur Boulevard
• Bayswater
San Joaquin Hills Road
• .,amboree 1\oad
-Santa Cruz Drive/Big C..r yon Drive
-Santa Rosa Drive/Big Canyon Drive
• MacArthur Boulevard (video detection - adv
Loops only)
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 olot design sections from 'his model. They
will show 'he 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 7s
allow us to correct, typical roadway design issues,
such as flat or excessively steep cross slopes, proper
Pavement arsiriers. and areas where --iv
be significantly reducing the cover over existing
�;tili+les. Sire -Ie design se. *ions will be iir'K_ci
desigr model, .r -y will -ansistently be up ro
TASK F.6 - SPECIAL PROVISIONS
�J
Using three-dimensional modeling
will allow us to efficiently design the
roadway improvements to provide a
smooth ride and improve driveability.
® Stantec
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 referenced for the striping
and signing improvements.
Our experienced 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
Finally, the bid items will be
rk involved in each item will be
18
D. Scope of Services
TASK F.7 — COST ESTIMATE
We understand the importance of a complete and
accut i ost estimate. Since the cost estimate
will be -d as a basis for the bid schedule. it's
impor*cn to include all required work items the
contractor needs to complete as part of the
project and that the quantities for these work iten)s
are correct. Accurate quantities and unit costs :.are
also important for you to understand overall project
costs, and to determine if the available budget
requires value engineering.
First, we determine the project bid items required
based on a thorough review of the plans
and special provisions. Quantities will then be
calculated using our proprietary software and
checked using a second calculation method. 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 importan'
for your future generations. We will prepare as -
built ,Drawings for the project using your preferred
forma'. They will be based on redlines provided
by your insc----r and/or Contractor and
supplemented with our revisions noted during
construction.. 'Ne will provide you a PDF of the as -
built drawings with the final submittal.
TASK F.9 — ENCROACHMENT PERMIT
We will prepare and submit, on behalf of the City.
a standard Encroachment permit application
with applicable plans to Caltrans District 12 for
placement of temporary construction traffic control
devices within state right-of-way along west bound
Bison, Avenue in vicinity of the State Route 73 Toll
Road. It is our understanding that no physical
constructian will occur within Caltrans righr-o�--way.
The project encroachment permit applicarior
will be submitted to Caltrans as soon as proje.c`
development allows. We assume that the City
should be exempt from a permit applicatior `ee
Preparation of traffic control plans will be provided
as ar OptlOr a item;task
® Stantec
Deliverables:
•
Caltrans coordination r r: r
responses to Caltrans comments: and Caltrans
Encroachment
• Permit application with supporting documents
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 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 or
rhe 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 communic:aior
• Discuss the critical design issues, ircluding:
pavement strategies and .j`_ in ' Jr _-_rcre`e
improvem-r' epairs ar, J A.GA _pqrades
Meetings will also be held to review the 50%,
90%, and 100% submittal packages and up to six
additional meetings the Jesign phase.
We will develop a comprehensive and specific
project work plan and cor�roi piar;
the project schedule will be �.pdate,.l n,,Orthly.
19
D. Scope of Services
Task H - Construction Support Services
We will support you during the project bid period:
including respond to questions from prospective
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
managers approval.
For the purpose of this proposal, we assumed up to
50 hours for this task.
Task I - Optional Items
TASK 1.1 - CALCULATION OF TRAFFIC INDEX (TI)
If desired by the City, we will prepare separate
traffic index calculations for up to four segments of
Bison Avenue and three segments of San Joaquin
Hills Road within the project limits.
We have assumed for this proposal, that a TI will be
calculated for the four segments of Bison Avenue
between the five signalized intersections within
the project limits and for three segments of San
Joaquin Hills Road between the four signals withir
fhe 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 IESA L) factors for each large vehicle
type. The pavement design life will be confirmed
with each City and/or we can provide multiple
TI calculations `or your consideration based or
different pavement design life.
Traffic data will be collected by teaming partner,
National D%ria and Surveying Services ;NDS,, who
has provided traffic data to our team for many
similar prDlec,.S.
® Stantec
TASK 1.2 TRAFFIC CONTROL PLAN
(CALTRANS RIGHT-OF-WAY)
At the option of the -ity and equired by
Caltrans encroachment permit ;[ask F.9), we will
prepare traffic control plans (2) for the west bound
approach of Bison Avenue at the easterly project
limits which will extend into Caltrans right-of-way
at the State Route 73 Toil Road. Based on the
improvements, it is anticipated that two phases
of traffic control will be required. Traffic control
plans will be prepared using AutoCAD, at 1" =
40' scale, `double -stacked" with two horizontal
layout strips placed on each plan, in accordance
with City standards. Traffic control plans will follow
the latest edition of the CA iMUTCD and City
of Newport Beach guidelines and will show all
temporary signs, barricades, channelizers, and any
other traffic control devices as necessary to safely
accommodate vehicular, pedestrian, and bicycle
traffic, and efficient construction.
TASK 1.3 — DEFLECTION TESTING AND ANALYSIS
If needed, non-destructive pavement deflection
testing can be performed in accordance with
California Test 356 at a 250 -foot interval. Travel
and turn lanes in both directions will be tested.
Deflection data will be reviewed to isolate or
separate the limits of similar deflection response for
statistical summary of .data ii e-1, rhe 30th percentile
deflection is provided). The data is used in design
of a rehab of the existing pavemer? section.
We propose to perform deflection testing at
approximately 180 locations. This is based on testing
at 250 -foot intervals for approximately 44-730 lane -
feet. Deflection testing will be performed in one
eight-hour regular business day. In order to collect
this data within this time constraint, one day of
deflection testing will be performed.
A moving closure like traffic control truck with arrow
boards following behind the deflection testing
equipment will be utilized. We assume that traffic
control plars mill rot be -equired. If required. we will
revise our estimate accordingly 'o irclude the cost
`o prepare ;.incl stamp 'he pian..
20
EXHIBIT B
SCHEDULE OF BILLING RATES
Bison Avenue and San Joaquin Hills Road Pavement Rehabilitation Project
Design C-7433-1
Total Fee Amount, including all optional Tasks: $189,219.00
Contingency: $19,000.00
Total Not -To -Exceed Fee: $208,219.00
Services shall be on a time -and -materials, not -to -exceed basis in accordance with
the attached Fee Schedule.
Stantec Consulting Services Inc. Page B-1
(3 Stantec
SCHEDULE OF BILLING RATES - 2018
Billing
Hourly
Level
Rate
Description
Junior Level position
3
$83
3 Independently carries out assignments of limited scope using standard procedures. methods and
4techniques
$9
❑ Assists senior staff in carrying out more advanced procedures
5
$101
❑ Completed work is reviewed for feasibility and soundness of judgment
a Graduate from an aoprooriate oost-secondary program or equivalent
o Generally. one to three ears' experience
Fully Qualified Professional Position
6
$109
3 Carries out assignments requiring general familiarity within a broad field of the respective profession
7
$117
a Makes decisions by using a combination of standard methods and techniques
O Actively participates in planning to ensure the achievement of objectives
8
$125
3 Works independently to interpret information and resolve difficulties
ZI 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
9
$129
0 Provides applied professional knowledge and initiative in planning and coordinating work
programs
10
$139
a Adapts established guidelines as necessary to address unusual issues
1
$148
D Decisions accepted as technically accurate. however may on occasion be reviewed for
soundness of judgment
O Graduate from an appropriate post -secondary program, with credentials or equivalent
;) Generally. five to nine ears' ex erience
Highly Specialized Technical Professional or Supervisor of groups of professionals
12
$158
Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise
O Participates in short and long range planning to ensure the achievement of objectives
13
$169
❑ Makes responsible decisions on all matters, including policy recommendations, work methods, and
financial controls associated with large expenditures
14
$179
Reviews and evaluates technical work
❑ Graduate from an appropriate post -secondary program, with credentials or equivalent
;) Generally, ten to fifteen years' experience with extensive, brood experience
Senior Level Consultant or Management
❑ Recognized as an authority in a specific field with qualifications of significant value
15
$188
❑ Provides multi -discipline knowledge to deliver innovative solutions in related field of expertise
7 Independently conceives programs and problems for investigation
16
$216
p Participates in discussions to ensure the achievement of program and/or'project objectives
17
$234
O Makes responsible decisions on expenditures, including large sums or implementation of major
programs and/or projects
Z) 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
a Recognized as an authority in a specific field with qualifications of significant value
18
$275
3 Responsible for long range planning within a specific area of practice or region
19
$311
❑ Makes decisions which are far reaching and limited only by objectives and policies of the
organization
20
$346
O Plans/approves projects requiring significant human resources or capital investment
2
$382
O Graduate from an appropriate post -secondary program. with credentials or equivalent
❑ Generally. fifteen years' experience with extensive professional and management experience
Survey Crew Size Regular Rate Overtime Rafe
Crews 1 -Person $180 $215
2 -Person $260 $360
3 -Person $360 $490
Stantec Consulting Services Inc. Page B-2
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 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 Subroqation. 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. 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
Stantec Consulting Services Inc. Page C-3
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: 10/16/18 Dept./Contact Received From: Raymund
Date Completed: 10/17/18 Sent to: Raymund By: Jan
Company/Person required to have certificate: Stantec Consulting Services, Inc.
Type of contract: Other
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/18 — 5/1/19
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
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
❑ Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
❑ Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/18 — 5/1/19
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.
ADDITIONAL INSURED WORDING:
❑ N/A ® Yes ❑ No
G.
PRIMARY & NON-CONTRIBUTORY WORDING:
❑ N/A ® Yes ❑ No
H.
HIRED AND NON -OWNED AUTO ONLY:
® N/A ❑ Yes ❑ No
I.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 5/1/18-5/1/19
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):
® Yes
❑ No
D. WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
$1,000,000
F. WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H. NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY 5/1/18 — 5/1/19 LLOYDS OF LONDON
Rated: A/XV, Non -Admitted Limits: $3M ® N/A ❑ Yes ❑ No
V POLLUTION LIABILITY
VI BUILDERS RISK
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
Date
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 is needed due to the Professional Liability carrier being non -admitted. 10/17/18 Risk
Management approved use of carrier.
Approved:
Risk Management Date
* Subject to the terms of the contract.