HomeMy WebLinkAboutC-8925-1 - PSA for Professional Engineering Services for East Coast Highway from Jamboree Road to MacArthur Boulevard and San Miguel Drive from Newport Center Drive to Macarthur Boulevard Pavement RehabilitationI
LA
N
AMENDMENT NO. ONE TO
�j PROFESSIONAL SERVICES AGREEMENT
V WITH STANTEC CONSULTING SERVICES, INC. FOR
PROFESSIONAL ENGINEERING SERVICES FOR EAST COAST HIGHWAY
FROM JAMBOREE ROAD TO MACARTHUR BOULEVARD AND SAN MIGUEL
DRIVE FROM NEWPORT CENTER DRIVE TO MACARTHUR BOULEVARD
PAVEMENT REHABILITATION
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 16TH day of August, 2023
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES,
INC., a New York corporation ("Consultant"), whose address is 38 Technology Drive,
Irvine, California 92618, and is made with reference to the following:
RECITALS
A. On November 15, 2022, City and Consultant entered into a Professional Services
Agreement ("Agreement") for professional engineering services for various
pavement rehabilitation for East Coast Highway from Jamboree Road to Macarthur
Boulevard and San Miguel Drive from Newport Center Drive to Macarthur
Boulevard (C-8925-1) ("Project").
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Exhibit A to the Agreement 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.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Exhibit
B to the Agreement and Exhibit B to Amendment No. One shall collectively be known as
"Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred Fifty One
Thousand Three Hundred Forty Three Dollars and 00/100 ($351,343.00), 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
Forty Nine Thousand Eight Hundred and Two Dollars and 00/100 ($49,802.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. [1] to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: I ® -
By:
ron C. Harp Ak
City Attorney 1 1%3
ATTEST: Q �
Date: . 1 �
e
By:
Leilani I. Brow
City Clerk
CITY OF NEWPORT BEACH,
a California m nicipal corporation
Date: 1 �?UY'�
By:
Gr K. Leung
Manager
CONSULTANT: STANTEC
CONSULTING SERVICES, INC., a New
York corporation
Date:
Signed in Counterpart
Bv:
David Elwell
Vice President
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 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. [1] to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: —
By: �"h) 4
/ (h
a on C. Harp
CIfy Attorney/.�
3
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: STANTEC
CONSULTING SERVICES, INC., a New
York corporatio
Date: �`��
B:
Y
David Elwell
Vice President
D.
��.✓��f
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 3
EXHIBIT A
SCOPE OF SERVICES
Stantec Consulting Services, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
AMENDMENT NO. ONE
1. Project Management, Meetings and Coordination
Consultant will attend one (1) pre -design conference call with the City to confirm the scope and schedule
prior to the start of design and one (1) meeting/conference call with City to present the results of the
preliminary drainage study and recommendations. If necessary, Consultant will also attend one (1) onsite
meeting with City and property owners to review the proposed improvements prior to final design. This task
also includes budget for additional project management and coordination required for this additional work.
2. Research, Data Collection, and Field Visits
Consultant will research and obtain available as -built record drawings, utility plans, and preliminary
engineering reports. As part of this task, Consultant will also perform a field review of the site to evaluate
the existing conditions.
3. Hydraulics Study
Consultant will perform existing storm drain modeling, including existing catch basin calculations, to assess
the capacity spread and depth and to locate any isolated deficiencies for possible improvement. The
modeling and calculations will be in accordance with the OC Local Drainage Manual. Consultant will
investigate various storm drain system and catch basin improvements to provide capacity and redundancy.
Existing and proposed configurations will target a minimum of 5,000 gpm (11.2cfs), which is the estimated
pipe break flow rate provided by the City.
Improvements will consider partial existing storm drain pipe reconstruction as required, pipe extension to
new inlets, catch basin reconstruction and/or supplemental flanking inlets. Inlets might be curb face, alley
grate -type, or combination -type as required.
Consultant will also review the existing road cross slopes in the project vicinity to determine if lowering the
road or reconstructing it with flatter grades may help improve capacity of the road. Finally, Consultant will
study the driveway profiles at 207 and 211 Evening Canyon Road to determine if the high point can be
raised to further improve capacity.
Consultant assumes that storm flood protection analysis is not required, and the improvements are solely
necessitated by repeated water main breaks. Therefore, boundary delineation and hydrology calculations
are excluded. Consultant also assume that there are no structural issues with the existing 21" downstream
pipe. The completed study will be summarized in a brief memo for review and approval by the City.
4. Concept Plans
Based on the results of the Hydraulics Study, Consultant will develop up to three initial concepts that may
serve as the basis of the design of the proposed improvements. The alternatives may include:
• Construction of a new manhole junction structure and up to two (2) new storm drain lines with
inlets north and south of the existing catch basins;
• Reconstruction of the existing catch basins, a short segment of the existing 18" pipe under
Evening Canyon and/or a short segment of the existing 21" pipe West of Evening Canyon; and,
• Driveway and/or street improvements to maximize containment and surface flow capacity.
5. Improvement Plans
This task includes preparation of the final plans after selection of the preferred alternative for the drainage
and street improvements. The plans will be submitted at 90-percent and 100-percent final levels and will
be included as part of the East Coast Highway and San Miguel Drive Pavement Rehabilitation improvement
plan set.
5.1. Storm Drain Plan
The plans will include one (1) storm drain plan and profile sheet and one (1) detail sheet which will
be prepared using a 1" = 20' horizontal scale and a 1" = 2' vertical scale. The plans will include
construction of the new storm drain, inlets and/or modifications to the existing facilities.
5.2. Street Improvement Plans
Consultant will prepare one (1) street improvement plan using a 1" = 20' horizontal scale for
potential reconstructing/lowering of a short segment of the road from the east side of the cul de sac
to 215 Evening Canyon Road. An additional plan for details may also be required.
5.3 Offsite Improvement Plans (Driveways Only)
Consultant will prepare one (1) precise grading plan only sheet at 1" = 5' or 10' scale for
modifications to up to four (4) existing private driveways and approaches. Improvement Plans for
other existing private property improvements that may be impacted by the new drainage and street
improvements (decorative hardscape, planters, stairways, landscaping, irrigation, etc.) are
excluded from the scope of services since Consultant assumes that the property owner would
prefer their own designer to provide these services.
6. Specifications
Consultant will prepare the special provisions for the proposed improvements to be included as part of the
East Coast Highway and San Miguel Drive Pavement Rehabilitation project specifications. The special
provisions will be submitted at 90-percent and 100%-percent final levels.
7. Engineer's Estimate
Consultant will compute quantities of construction materials and provide an engineer's opinion of probable
construction costs for the proposed improvements to be included as part of the East Coast Highway and
San Miguel Drive Pavement Rehabilitation project estimates as separate bid items. The quantity/cost
estimate will be based on the 90% level plan submittal. Unit prices will be based upon current cost
information for recent, similar projects.
ASSUMPTIONS
Consultant assume the following:
• Field Survey, Existing Base Mapping, Utility Coordination and Potholing will be provided by the City
or their Subconsultant.
• The original task budgets for East Coast Highway and San Miguel Driveway Pavement
Rehabilitation contract will be utilized to provide Construction Support, As -Built Plans preparation,
and any reimbursables, if necessary.
EXCLUSIONS
The following services are not included in this Scope, but may be provided under a separate
contract:
• Environmental Document;
• Geotechnical Report;
• Traffic Control and Construction Phasing Plans;
• Landscape Plans;
• Structural Engineering;
• Utility Relocation Design;
• Right of Way Engineering;
• Water Quality Management Plan (WQMP); and,
• Storm Water Pollution Prevention Program (SWPPP);
EXHIBIT B
SCHEDULE OF BILLING RATES
Stantec Consulting Services, Inc. Page B-1
EXHIBIT B
BILLING RATES
AMENDMENT NO. ONE
Total Not -to -Exceed Fee: $49,802.00
Services shall be on a time -and -materials, not -to -exceed basis.
N
PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES INC. FOR
PROFESSIONAL ENGINEERING SERVICES FOR EAST COAST HIGHWAY
FROM JAMBOREE ROAD TO MACARTHUR BOULEVARD AND SAN MIGUEL
DRIVE FROM NEWPORT CENTER DRIVE TO MACARTHUR BOULEVARD
PAVEMENT REHABILITATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 15th day of November, 2022 ("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 on file with the Secretary of State is 370 Interlocken Blvd, Suite 200,
Broomfield, Colorado 80021, with a local address of 38 Technology Drive, Irvine,
California 92618, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional engineering services for
various pavement rehabilitation for East Coast Highway from Jamboree Road to
Macarthur Boulevard and San Miguel Drive from Newport Center Drive to
Macarthur Boulevard (C-8925-1) ("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 November 30, 2024, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Three Hundred One
Thousand Five Hundred Forty One Dollars and 00/100 ($301,541.00), 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 to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
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 Computer Aided Design and Drafting ("CADD") data delivered to City shall
include the professional stamp of the engineer or architect in charge of or responsible for
the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses
arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
Stantec Consulting Services Inc. Page 6
shall be submitted to City in the version of AutoCAD used by the City in .dwg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital `As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
Stantec Consulting Services Inc. Page 7
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 seg., 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
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Director of Public Works
Public Works
Stantec Consulting Services Inc. Page 8
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
Stantec Consulting Services, Inc.
38 Technology Drive
Irvine, CA 92618
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
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.
Stantec Consulting Services Inc. Page 9
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
Stantec Consulting Services Inc. Page 10
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORt4EY'$ OFFICE
Date: /n/U/Z"Z
By: `
Aaro C. arp tokac.\,a
Attorne
ATTEST:
Date. --
CITY OF NEWPORT BEACH,
a California municipal corporation
D�
JOS
CONSULTANT: Stantec Consulting
Services Inc., a New York corporation
Date:
Signed in Counterpart
By. -
Dave Elwell
Vice President
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 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: to 2 4G
714,' By:
.%Aar n 2rp Iv ��I� tiP6
\Oi v At
ATTEST:
Date:
13
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: Stantec Consulting
Services Inc., a New York corporation
Date: 0171z z
B
( 4P
Zpt�
Dave Elwell
Vice President
Date.-
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 12
EXHIBIT A
SCOPE OF SERVICES
Task A — Research and Data Collection
Consultant will research and obtain available preliminary engineering reports, record drawings,
assessor's parcel maps, right-of-way maps, street centerline ties, and utility maps for both project
sites. This includes researching available documents on the City's GIS system and reviewing
information obtained from our utility company coordination. As part of this task, Consultant will
also perform field reviews of the sites to evaluate the following:
• Condition of the existing roadway improvements
• Location of any damaged, raised, or sunken curbs, gutters, sidewalks, and other
concrete improvements within the public right-of-way that need to be constructed,
repaired, or brought up to current ADA standards
• Locations of local pavement repairs and drainage deficiencies
• Type and condition of existing signage
• Any additional noteworthy features
Prior to the field review, Consultant will coordinate with you to determine the extent of repairs and
ADA improvements you are planning for this project. During the field walk, Consultant will take
digital photos and document the location of all potential repair locations and any other issues
requiring special attention.
Task B — Utilitv Coordination
City will distribute the first utility request notices to utility companies in the project area and will
forward Consultant the utility contacts and any utility maps or atlases received. Consultant can
also send these out, if necessary.
The information received will be organized in a utility coordination matrix that will be updated
throughout the project. Consultant will coordinate with the respective utility companies to confirm
ownership, location and depth of facilities, and resolve any conflicts with the new improvements.
Finally, Consultant will determine any utility facilities that may interfere with proposed construction
and coordinate the relocation or adjustment of all utilities impacted by the new construction.
Consultant anticipates distributing three additional notices to the utility companies for this project.
The initial notice will include the 50-percent improvement plans, which will show the location of all
known utilities and any required utility relocations or adjustments. Consultant will ask the utility
companies to confirm the location of their existing facilities and identify any missing facilities or
improvements that are currently being planned. Consultant will confirm the number of utility
adjustments with each utility company, their specific design details, and whether they will have
the City's Contractor perform this work. Consultant will also coordinate any required utility
relocations along with any required work windows.
Comments received will be incorporated into the 90-percent and 100-percent final plans and
Consultant will distribute utility notices for each submittal for review. Consultant will then obtain
written confirmation from each utility company that all comments have been addressed and the
plans are acceptable.
Stantec Consulting Services, Inc. Page A-1
Consultant will identify utilities to be protected in -place, adjusted to grade or relocated and ensure
that all utility improvements follow the specific utility company's standards.
Task C — Design Surveying
Consultant's surveyors will establish horizontal and vertical survey control and perform a design
survey to document the existing site topography and planimetrics within the area of proposed
improvements The design survey will include cross sections at 25-foot intervals (right-of-way to
right -of- way, with 1-foot contours) to locate visible surface improvements and surface utilities
within the survey limits. Consultant assumes the existing right-of-way is the back of sidewalk
based on available records. The survey limits will include both East Coast Highway from
Jamboree Road to MacArthur Boulevard (+/- 6,500 LF) and San Miguel Drive from Newport
Center Drive to MacArthur Boulevard (+/- 1,600 LF), and they will extend approximately 50-feet
in all directions beyond the limits of work at all intersections.
As part of the design survey, Consultant will observe monuments to retrace the centerlines and
rights -of -way of East Coast Highway and San Miguel Drive within the project limits. The results
will be incorporated into the base map illustrating existing right-of-way conditions. This will not be
a full and complete boundary survey of the adjacent land parcels and the right-of-way lines will
be approximate; based on a combination of found survey monuments, record survey drawings,
as -built plans, and City GIS data. Survey monuments located and indicated on the survey will be
limited to primary controlling centerline monuments found along East Coast Highway and San
Miguel Drive. Existing monumentation will be shown the improvement plans, where found.
However, Consultant assumes that Corner Records will be filed by the Contractor's surveyor as
required by the Special Provisions.
Task D — Signing and Striping Inventory
Consultant will conduct a field inventory of the existing signing and striping for both sites. This
inventory will include documenting (with photos, field measurements and "GoPro" video) the
existing striping, pavement markings, and signs. The size and condition of the existing signs will
also be documented, and any missing signs will be noted. This information will be combined with
the existing topography and utility bases to create a 30-Percent Base Map plan as part of Task F
- Base Mapping.
Task E — Pavement Report
The Subconsultant will perform the field work, laboratory testing, and pavement engineering
analysis required to prepare a Pavement Report for East Coast Highway and San Miguel Drive.
Testing and recommendations for the existing AC bike trail on East Coast Highway are not
included. We have included the Traffic Index (TI) Calculation and Ground Penetrating Radar
Testing and Analysis as Optional Tasks. ROM estimates will also be provided for the various
pavement repair and rehabilitation recommendations outlined in the Pavement Report
Pavement Engineering
Document Review and Dig Alert Coordination
The Subconsultant will perform a document review of existing as -built drawings and past
geotechnical/pavement reports obtained during our research and data collection. The information
gathered from this review will be considered in the analysis (i.e., existing pavement section
thicknesses, date of last pavement improvement work, etc.). Pavement coring locations will be
Stantec Consulting Services, Inc. Page A-2
marked and Dig Alert (Underground Service Alert) will be notified to assess potential conflicts with
known underground utilities prior to performing pavement corings.
Deflection Testing and Analysis
Non-destructive pavement deflection testing will be performed by the Subconsultant in
accordance with California Test 356. Deflection testing involves applying an impact load
(simulating truck traffic) and measuring the corresponding deflection response. Generally, lower
deflection readings indicate a stronger pavement section whereas higher deflection
measurements indicate weaker pavement section.
Benefits of deflection testing include
• Allowing the in -place structural capacity to be determined and analyzed.
• Identification of potential weak areas that visual surface inspection cannot.
• Compared to pavement repair recommendations derived primarily from coring data and
subgrade R-value tests, performing deflection testing and analysis of deflection data
often allows more cost-effective pavement repair recommendations to be developed.
Deflection testing will be performed at 200-foot intervals. Each deflection test point will be geo-
referenced using a sub -meter accuracy GPS system. The tests will be staggered between the
lanes in both directions of travel to increase the coverage of each section. The approximate total
number of test points is 240. Two (2) day of pavement deflection testing will be performed. Work
on both East Coast Highway and San Miguel will be performed during the day. Moving closure
traffic control (traffic control truck with arrow boards) following behind the deflection testing
equipment will be utilized. Consultant assumes that traffic control plans or a Caltrans
Encroachment Permit will not be required.
Subsurface Exploration
The Subconsultant will obtain an encroachment permit from the City for the proposed subsurface
exploration. Consultant has assumed permits from other agencies are not required.
The Subconsultant will perform a total of 12 to 14 pavement corings, and assume two (2) days of
work. Subsurface exploration will be performed to a maximum depth of four feet (4) below the top
of the existing asphalt surface using an electric -powered core drill. Sampling and digging below
the AC section will be performed using hand tools. The thickness of the existing asphalt concrete
(AC) and aggregate base (AB), if present, will be recorded. Paving fabric and underlying PCC will
be documented, if encountered. Bulk samples of the subgrade soil will be collected. Upon
completion of the sampling, the core hole will be backfilled with soil cuttings or other suitable
backfill materials and capped with asphalt concrete cold patch, which we assume is acceptable.
Work on both East Coast Highway and San Miguel will be performed during the day. Traffic control
will consist of single lane closures, performed in accordance with the WATCH Manual, and will
consist of cones and arrow boards that will redirect vehicles around our work zone. We have
assumed that stand-alone traffic control plans or a Caltrans Encroachment Permit will not be
required.
Laboratory Testing
The Subconsultant will perform laboratory testing of the samples collected from the pavement
corings in their in-house Caltrans certified pavement materials laboratory. The exact type and
Stantec Consulting Services, Inc. Page A-3
quantity of tests will be dependent on the conditions encountered. Testing may include the
following (The exact type and quantity of tests will be dependent on the conditions encountered):
• R-value testing
• Maximum density and optimum moisture content
• Laboratory soil classification (Atterberg Limits and Percent Passing No. 200 Sieve)
• Sulfate content
• In -place moisture content
Laboratory tests to develop mix design recommendations (i.e., cold or hot in -place recycled AC,
full -depth reclamation with cement treatment, etc.) are not included in the proposed laboratory
testing program.
Pavement Engineering Analysis
Pavement engineering analysis will be performed in accordance with the Caltrans Highway
Design Manual. Caltrans AC design methodology consists of two primary design procedures. For
complete reconstruction strategies (or patches), Caltrans methodology considers the relationship
between the traffic index (TI), subgrade soil strength (through R-value testing), and the gravel
factors of the various pavement layers, to allow us to calculate the required replacement
pavement thicknesses. For rehabilitation strategies (i.e., mill -and overlay, cold/hot in -place
recycling, etc.), Caltrans methodology considers the deflection testing's readings and compares
it to "tolerable" deflections to assess structural adequacy. Variables such as the in -place AC
pavement thickness and design traffic index are factored into the analysis to determine the
required mill -and overlay thickness to achieve structural adequacy. Consultant has included an
optional item to calculate the TI or one can be provided by the City.
Identification of Isolated AC Repair Locations
A Pavement Engineer will identify isolated AC repair locations, based on a combination of factors
such as:
• Type and severity of the pavement surface distress type (i.e., medium- or high -severity
load related distresses such as alligator cracking or depressions).
• Deflection testing data (i.e., areas with exceedingly high deflection measurements).
• Coring data (i.e., areas with inadequately thick in place pavement)
• Laboratory data (i.e., areas with high subgrade moisture content).
The locations will be marked on a plan and provided in the pavement report. Areas highly
recommended for isolated AC repairs (i.e., "must do" areas) will be illustrated in red. Areas that
are recommended for isolated AC repairs (i.e., "on -the -fence") will be illustrated in orange. Ideally,
all red and orange areas should be addressed with an isolated AC repair; however, we understand
that often times, amount of isolated AC repairs will need to be prioritized and this approach allows
flexibility for the design team to do so.
Pavement Evaluation Report
One draft report and one final report will be prepared by the Subconsultant to summarize their
findings and conclusions. The final report will include:
• Summary of information gathered from the document review;
Stantec Consulting Services, Inc. Page A-4
• Project location map;
• Subsurface exploration location map;
• Pavement coring information
• Select photographs of the pavement surface condition;
• Deflection measurement results;
• Ground penetrating radar results (optional task);
• Laboratory testing results;
• Isolated AC repair locations; and,
• Pavement rehabilitation strategy recommendations;
The Subconsultant will provide two (2) pavement repair recommendation options for the City.
Pavement repair alternatives, including the following, shall be proposed:
• Localized AC repairs (patches) followed by mill -and overlay repair using conventional
AC or rubberized AC pavement;
• Cold in -place (CIR) or cold central plant recycled (CCPR) asphalt concrete (AC)
pavement;
• Cement stabilized pulverized base (CSPB) as part of the pavement structural section;
• Cement- or lime -stabilized soils (CSS or LSB) for subgrade stabilization and/or as part of
the pavement structural section;
• Fiber -reinforced asphalt concrete (FRAC) to improve reflective cracking resistance
and/or reduce required AC thickness;
• Rubberized hot -mix asphalt (RHMA or ARHM overlays);
• Geogrid/geotextiles to reduce required aggregate base thickness or to stabilize
subgrade conditions; and more.
The final report will be signed and stamped by a California registered civil engineer.
Pavement Rehabilitation Strategy and Rough Order of Magnitude (ROM) Estimate
Consultant will prepare ROM estimates for the various pavement repair and rehabilitation
recommendations outlined in the Pavement Report. These ROM estimates will be compared to
the City's available budget to help select the Preferred Pavement Rehabilitation Strategy for each
road. If necessary, Consultant can value engineer the proposed pavement improvements to best
fit the City's available budget and objectives.
Task F — Base Mapping
Consultant will download and compile the field survey data to create a 30-Percent Base Map plan
which will be verified during our field walk. The plan will include:
• Surface features (curb, gutter, pavement, sidewalk, curb ramps, driveways, trees)
• Visible surface utilities (manholes, water valves, fire hydrants, catch basins, utility boxes,
utility poles, overhead utilities, guy wires, vaults)
• Mapping information (centerlines, right-of-way lines, and property lines)
• Contours generated at 1-foot intervals
In addition, the base map will include an existing utility base drawing which will show all known
underground utility lines within the project limits. Existing utilities will be plotted based on the
record drawings and atlases received from the utility companies and any utility information found
Stantec Consulting Services, Inc. Page A-5
in record drawings during our research. Their locations will be cross checked against the surface
utilities found during our field review to confirm they are shown in the most accurate location
possible.
Finally, the 30-Percent Base Map plan will show the following traffic related items:
• Existing striping configuration, existing pavement marking locations, existing lane widths,
and existing sign locations (type and orientation).
• Recommended signage improvements necessary to meet current CA MUTCD
requirements and locations of existing signs in poor condition which should be replaced.
• Existing traffic signal loop detectors and whether any advanced loop detectors need to
be relocated to meet the current posted speed limit.
Consultant will incorporate any plan check comments received from the City into the improvement
plans.
Task G — Construction Documents
After completing the preliminary engineering efforts, selecting the Preferred Pavement
Rehabilitation Strategy on both streets, and receiving plan check comments on the 30-Percent
Base Map, Consultant will prepare the following plans and supporting documents. Consultant will
submit the plans, engineer's estimate, and design sections with each submittal, and the special
provisions with the 90-percent and 100-percent final design submittals.
Plans
Consultant will prepare a single plan set containing both sites. The plans will be in AutoCAD Civil
3D and in accordance with your design standards.
Title Sheet, Notes, Typical Sections, and Details
The plan set will include a title sheet, using your standard format, with 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 smaller scale design details for improvements
such as non-standard curb ramps and commercial driveways. Consultant will include these design
details in the plan set, as necessary, to provide additional information to the contractor.
Roadway Plan and Profile Sheets (I" = 40)
Roadway plan and profile sheets will be prepared using a 1" = 40' horizontal scale and 1" = 4'
vertical scale. 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 any crown lines and the tops of curb or edges of pavement.
The roadway improvements will include removals; pavement rehabilitation improvements;
locations for new and reconstructed curbs, gutters, sidewalks, driveways, and curb ramps; and
existing utilities and utility adjustments/relocations. Consultant assumes that non -compliant
commercial driveway approaches will only be reconstructed if the parkway width is wide enough
to accommodate the new driveway without major impacts to private property improvements.
The plans will clearly show the City right-of-way lines and the construction notes will reference
the appropriate City 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
Stantec Consulting Services, Inc. Page A-6
plans will also include all horizontal and vertical control required to stake and construction the
new improvements.
Roadway Design Sections (Separate Plan Set)
Consultant will build a three-dimensional model of the existing and new roadway improvements
in Civil 3D and plot design sections from this model. The design sections will show the existing
surface, proposed surface, proposed pavement section thicknesses, the existing and proposed
top of curb and/or pavement elevations, and the existing and proposed cross slopes.
The design sections will help us identify and correct typical roadway design issues, such as flat
or excessively steep cross slopes, proper pavement transitions, and areas where we may be
significantly reducing the cover over existing utilities. Since the design sections will be linked to
the design model, they will consistently be up to date.
Using three-dimensional modeling will allow us to efficiently design the roadway improvements
and visually confirm they are designed accurately.
Signing and Striping Sheets (1 " = 40)
The signing and striping plans will include signing, striping, pavement markings, painted curb, and
traffic signal loop detector replacements for East Coast Highway and San Miguel Drive and
intersecting side streets, as required, within the project limits. The plans will be prepared at 1" _
40' scale, "double stacked" with two horizontal layout strips placed on each plan.
The plans will reinstall or modify existing roadway striping and pavement markings based on
markups of the 30-percent Base Map by City staff. The plans will also include the removal of any
conflicting existing striping and pavement markings not obliterated by pavement rehabilitation.
The traffic sign work will be based on information gathered during the Signing and Striping
Inventory. Where appropriate, existing signs within the project limits may be upgraded and new
signs may be proposed to meet current California Manual on Uniform Traffic Control Devices (CA
MUTCD) requirements. Sign details will be prepared for all new custom or modified signs. The
signing and striping plans will also include repainting of existing painted curb markings, as
required, and replacement of impacted traffic signal loop detectors.
Special Provisions
Well -written special provisions reduce the potential for change orders during construction.
Consultant 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 signing and striping improvements.
Consultant's staff will thoroughly review and modify your boilerplate and all relevant sections of
the SSPWC to convey the design intent of our engineers and confirm that the special provisions
do not conflict with the improvement plans. The special provisions will be well coordinated, with
the 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 coordination efforts the
contractor is responsible for during construction. This includes all Caltrans encroachment permit
requirements and specific utility coordination efforts required; including any specific work periods
needing to be provided by the Contractor. Finally, the bid items will be listed, and the work involved
in each item will be clearly described.
Stantec Consulting Services, Inc. Page A-7
Cost Estimate
Consultant understands the importance of a complete and accurate cost estimate. Since the cost
estimate will be used as a basis for the bid schedule, it is important to include all required work
items the Contractor needs to complete as part of the project and that the quantities for these
work items are correct. Accurate quantities and unit costs are also important for you to understand
overall project costs, and to determine if the improvements require value engineering due to the
available budget.
First, Consultant determines 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. Consultant will establish unit costs using recently
bid projects and estimated inflation rates. 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.
As -Built Drawings
Preparing accurate as -built drawings is important for your City's future generations. Consultant
will prepare as -built drawings for the project using your preferred format. They will be based on
redlines provided by your inspector and/ or Contractor and will be supplemented with our own
revisions noted during construction. Consultant will provide you a PDF of the as -built drawings
upon completion of construction.
Caltrans Encroachment Permit
Process Caltrans Encroachment Permit for Traffic Control Implementation (Parent Permit)
Consultant will process an encroachment permit through Caltrans District 12 for placement of
temporary construction traffic control devices within state right -of way along East Coast Highway,
west of Jamboree Road. Consultant will prepare and submit, on behalf of the City, a standard
encroachment permit application with applicable plans and supporting documents. Consultant
assumes that that no physical construction will occur within Caltrans right-of-way, so a Water
Pollution Control Program (WPCP) or Design Standard Decision Document (DSDD) are not
required. The project encroachment permit application will be submitted to Caltrans as soon as
project development allows, and Consultant anticipates responding to up to two (2) rounds of plan
check comments. Consultant assumes that the City will be exempt from any permit application
fees.
Traffic Control Plans for Encroachment Permit
Consultant will prepare traffic control plans extending into Caltrans right-of-way along eastbound
East Coast Highway for the construction of improvements at the Jamboree Road intersection. It
is anticipated that no more than four (4) sheets of traffic control plans will be required. The traffic
control plans will be prepared at 1" = 40' scale, "double -stacked" with two horizontal layout strips
placed on each plan. They will be prepared on City title block in accordance with Caltrans
standards. The traffic control plans will follow the latest edition of the CA MUTCD 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.
Stantec Consulting Services, Inc. Page A-8
Task H — Project Management, Progress
Meetings, and Coordination Throughout the project, Consultant will communicate our progress,
assumptions, and design challenges with you. Consultant will also coordinate with other agencies,
as required and involve you in all 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. Consultant will diligently prepare and distribute meeting minutes or records of
discussion and allow you and other attendees to review and comment on these before proceeding
further on the design or other project tasks.
Upon NTP, Consultant will schedule a kick-off meeting to:
• Obtain background information
• Review and refine the project scope and schedule
• Establish the lines of communication
• Discuss the critical design issues, including, pavement strategies and criteria for
concrete improvement repairs and ADA upgrades
Meetings will also be held to review the 30-percent, 50-percent, 90-percent, and 100-percent
submittal packages and up to six (6) additional meetings throughout the design phase. Consultant
will develop a comprehensive and specific project work plan and quality control plan, and the
project schedule will be updated monthly.
Task I — Construction Support Services
Consultant will support you during the project bid period, including responding to questions from
prospective bidders and preparing 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, as required. Consultant can clarify design -related issues during
construction, including responding to RFIs and shop drawing / submittal reviews. All clarifications
will be subject to your construction manager's approval.
For the purpose of this proposal, Consultant assumed up to 40 hours for this task.
Task J - Additional Tasks
Calculation of Traffic Index (TI)
Consultant will prepare separate traffic index (TI) calculations for up to three (3) segments of East
Coast Highway and one (1) segment of San Miguel Drive. Weekday 24-hour, two-way traffic
counts, including truck and bus volumes by number of axles, will be conducted for each segment.
We will use this data for each subject roadway segment to determine an appropriate design life
TI based on Caltrans equivalent single axle load (ESAL) factors for each large vehicle type. The
pavement design life will be confirmed with the City and/or we can provide multiple TI calculations
for your consideration based on alternative pavement design life .
Ground Penetrating Radar Testing and Analysis
Consultant's team will perform ground penetrating radar (GPR) testing services on East Coast
Highway only. No GRP will be performed on San Miguel. Ground penetrating radar testing
involves sending radar signals into the pavement and analyzing the generated images to identify
Stantec Consulting Services, Inc. Page A-9
AC, AB, and PCC layers and their thicknesses on a continuous basis. The approximate location
of underlying concrete can be determined with this type of testing and can be compared to
information derived from the as -built plans. GPR testing will be performed in each travel lane (turn
lanes not included).
Stantec Consulting Services, Inc. Page A-10
EXHIBIT B
SCHEDULE OF BILLING RATES
East Coast Highway from Jamboree Road to MacArthur Boulevard and San
Miguel Drive from Newport Center Drive to MacArthur Boulevard Pavement
Rehabilitation (23R11) C-8925-1
Total Not -To -Exceed Fee: $301,541
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
SCHEDULE OF BILLING RATES
tantec
Billing
Ffvurty
Level
Rate
Description
Junior Level position
_
$105
❑ Indepercienty caries out assignments of limted scope using stardard procedures, mernods anc
4
$116
techniques
13 Assists ser or staff in carrvirg out more advanced procedures
_
$132
❑ Completed wore[ U renewed for feasibility and soundness of judgment
❑ Graduate from an appropriate postsecondary program or equivalent
Generally, ore to three ears' experience
Fully Qualified Professional Position
i 3o
❑ Coates out assigr ments requiring gerem farm arty urihir d broad field of the respecrive profession
$1=-'
❑ Makes dec siors by using a comb`naton of standard methods and teohniques
❑ A-C ve.y parroipa6es it planr ng to ensure the achievement of oce',ectives
$154
❑ Worts independently to interpret irformaton and reso.;ve dffficu res
❑ Graduate from an appropriate post -secondary program, with credertals or equivarent
❑ Generally, three to six years' experience
First Levet Supervisor or first complete Level of Specialization
$159
❑ Provides applied professioral kromedge and ir�iative in p)annirg and coordirchrg work programs
e
$164
❑ Adapts established gu�defnes as recessary to address unusual issues
❑ DecWons accepted as technically accurate: however may on occas;on be reviewed For soundness of
$179
judgment
❑ Graduate from an appropriate post -secondary program, with credertals or equivarent
❑ Generally, Frve to me year' experence
Highly Specialized Technical Professional or Supervisor of groups of professionals
12
$168
❑ Provides multi-discifafne Kr-cemedge to deliver inrovative solutons -n related field of expertise
❑ Participates in, short and 'ong rarge panning to ersure tre achievement of objectives
13
$190
❑ Makes responsible decisions on (vi matters,'noludeng policy recommendations, wort methods, and
Financial controls associated lath 'urge experditures
1 i
Sma
❑ Reviews and evaluates tecnr cal work
❑ Graduate from an appropriate post -secondary program, with oredertals or equF, alent
❑ Generally, ten to Fifteen Fears' ex erence extensive, broad experience
Senior Level Consultant or Management
❑ Recognized as an autl,,oritr in a spe-cTic field with qualiFcations of cgnificant'value
is
$220
❑ Provides multi-disdp-me kro'Nledge to deliver inrsrvarive soluftns 'n related field of expert"
❑ Irdependertly conceives programs and problems for investigation
16
$243
O Partoipates it discussions to ersure tt•.e achievement of program anwor project objectives
17
$251
❑ Makes resporsidle decistns on experdirures, irc udirg karge sums or "rnplementation of major
programs andlor projects
❑ Graduate from an appropriate post -secondary program, with crecderfah or equivarent
❑ Generally, more than twelve years' experience wire* extensive expererce
Senior level Management under review by Vice President or higher
7s
$436
❑ Re-oognized as an authority in a spec -Tic feld V+7h quaifto ions of significant value
❑ Responsbe for long range planning vithir a specific area of practice orregeon
19
$266
❑ Makes dec=siors wnior are for reaching and fmired or y by objectives and policies of the orgarzation
20
$276
❑ Plameapproves projects requ=rirg sigr"fcant rumar: resources or capital'nvestmenr
❑ Graduate from an appropriate post -secondary program, with creaerfals or equivarent
21
$293
❑ venerolly, Fifteen years' experience with extersive professionaand maragement experience
Cretin Size Regular hate overtime Rate
5urvc-y i_re os
1-Person :$225
2-P erson $2f'0 $400
3-Person $390 $520
Note: These billing rates will apply for the term of the Contract.
Stantec Consulting Services, Inc. Page B-1
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 Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory_. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Stantec Consulting Services, Inc. Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
Stantec Consulting Services, Inc. Page C-3
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Stantec Consulting Services, Inc. Page C-4
IN