HomeMy WebLinkAboutC-6222 - PSA for Big Canyon Reservoir Flow Metering Vault and Treatment ImprovementAMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES, INC. FOR
BIG CANYON RESERVOIR FLOW METERING VAULT AND TREATMENT
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. Two") is made and entered into as of this 12th day of September, 2017
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and STANTEC CONSULTING SERVICES,
INC., a New York Corporation ("Consultant'), whose address is 38 Technology Drive,
Suite 100, Irvine, CA 92618, and is made with reference to the following:
RECITALS
A. On July 28, 2015 City and Consultant entered into a Professional Services
Agreement ("Agreement') for Consultant to provide professional engineering
services for the Big Canyon Reservoir Flow Metering Vault and Treatment
Improvement Project ("Project').
B. On December 23, 2016 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 reflect additional
Services not included in the Agreement, as amended, to extend the term of the
Agreement to December 31, 2018, and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: 'The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2018, 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, Exhibit A to this Amendment No. One and Exhibit
A to this Amendment No. Two shall collectively be known as "Exhibit A." The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
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, Exhibit B to Amendment No. One and
Exhibit B to this Amendment No. Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Thirty Five
Thousand Two Hundred Fifty Five Dollars and 00/100 ($235,255.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Forty Two Thousand Four Hundred Fifty Two Dollars and 00/100 ($42,452.00).
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. [1] to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO 6 OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal rporat
Date: Z !L •
By: By: le��
Aaron C. Harp o8.3oaT K6vin Muldoon
City Attorney `"� Mayor
ATTEST: IL CONSULTANT. Stantec Consulting
Date: R, �T. �� Services, Inc., a New York Corporation
Date:
By: &CG/VVl/
Leilani I. Brown
city CI 'EWp
Signed in Counterpart
By:
Robert Reid
Senior Associate
[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. [1] to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 34 -7
By:
coll—
Aaron C. Harp on3w
City Attorney dm (
ATTEST:
Date:
M
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: Stantec Consulting
Services, Inc. a N w York Corporation
Date: 91 l2 f [ -1
By: A��'1161'V
Robert Reid
Senior Associate
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services, Inc. Page 3
EXHIBIT
SCOPE OF SERVICES
Stantec Consulting Services, Inc. Page A-1
5 Stantec
August 18, 2017
File: 2042506800
Attention: Ben Davis, PE
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Dear Ben,
Stantec Consulting Services Inc.
38 Technology Drive Suite 100, Irvine CA 92618-5312
Reference: Request for Change Order No. 2 for Big Canyon Reservoir Flow Metering Vault and
Treatment Improvements - Services During Construction
Summary of Aareement and Amendment No. One:
In August 2015, the City of Newport Beach (City) retained Stantec Consulting Services Inc.
(Stantec) to develop improvements at the Big Canyon Reservoir control building to eliminate the
treatment issues related to the inability of meter flows on the Zone 2 pipeline and the
inadequate chemical mixing downstream of the existing chemical dosing point on the effluent
pipeline. The design documents for the Big Canyon Flow Metering Vault and Treatment
Improvements have been completed. The project bid on July 11, 2017 and was awarded to the
lowest bidder at the August 8, 2017 City Council meeting.
Stantec's Professional Services Agreement with the City included limited construction
engineering support when requested by the City. However, the budget associated with this work
was reallocated to Computational Fluid Dynamics (CFD) analysis.
For the CFD analysis, we did not know what type of mixing device should be used for this
application when we prepared our proposal. Several of the available options would not have
required CFD modeling. When first discussing the application with Tim Berschauer from Charles
Crowley, we all had believed that BETE would prove out their system at no cost to the City. It was
not until we had several workshops with Tim that we learned that BETE would charge us to prove
out their product.
Lastly, it should be noted that the RFP did not discuss CFD analysis. As such, neither the City's nor
our initial budget included CFD analysis.
With hindsight, it was critical that the CFD modeling was performed. We learned that the mixing
system will work for flows below the effective range of the Ultratab, but not for the entire range
of flows. Two systems were required to provide adequate chemical mixing over the entire
operating range.
In addition to restoring the construction engineering support budget, the scope of work is
proposed to be expanded due to other needed improvements that were added to the project.
Design with community in mind
August 18, 2017
Ben Davis, PE
Page 2 of 4
Reference: Request for Change Order No. 2 for Big Canyon Reservoir Flow Metering Vault and Treatment
Improvements
During the final design phase, the design team determined that it would be cost-effective to have
the contractor upgrade several other facilities while mobilized to the site. These additional facilities
include the following items:
• Installation of a new crane system in the first floor of the control building,
• Replacement of the removable grate frame between the first floor and the basement of
the control building,
• A new lighting system for the basement of the control building, and
• A new driveway approach to provide vehicular access to the metering vault.
The following scope of work and attached fee proposal include the construction engineering
support services that were previously removed from our contract and engineering services to
support construction of the above bulleted additional facilities.
Scope of Work for Services covered by Amendment No. Two:
TASK 5: CONSTRUCTION ENGINEERING SUPPORT
A. Prepare Conformed Contract Documents. Stantec will incorporate all changes from
Addendum No. 2 into the Contract Plans and Specifications. Deliverables will include
electronic pdf file of plans and specifications.
B. Attend Meetings during Construction:
Stantec will be available to attend one (1) pre -construction meeting and bi-weekly
construction coordination meetings with the Contractor when they are performing field
work, as directed by the City. Stantec will budget to attend a total of seven (7) construction
related meetings.
Our electrical engineer, Unkture, will attend two (2) meetings. One (1) meeting will be during
construction and one (1) meeting will at start-up to provide their punch list.
C. Stantec will review shop drawings submittals to include the following budgeted number of
submittals:
Design with community in mind
`1
August 18, 2017
Ben Davis, PE
Page 3 of 4
Reference: Request for Change Order No. 2 for Big Canyon Reservoir Flow Metering Vault and Treatment
Improvements
1. Thirty (30) Civil/Mechanical submittals and six (6) resubmittals.
2. Six (6) Structural submittals
3. Ten (10) Electrical submittals
D. Stantec will review and respond to Requests for Information (RFI's) to include the following:
1. Twenty (20) Civil/Mechanical
2. Four (4) Structural
3. Six (6) Electrical
E. We will be available to coordinate and prepare final record drawings ("as-builts") and verify
accuracy of as -built plans comments.
ASSUMED CITY OF NEWPORT BEACH PROVIDED SERVICES
1. City staff will provide overall construction management to include scheduling and
coordinate of services.
2. The work will be conducted during normal weekly workdays; overtime and weekend
work are not anticipated.
Summary
For this additional work, Stantec requests $42,452 of additional budget as summarized in the
attached fee schedule.
Design with community in mind
August 18, 2017
Ben Davis, PE
Page 4 of 4
Reference: Request for Change Order No. 2 for Big Canyon Reservoir Flow Metering Vault and Treatment
Improvements
The total contract amount would be increased from $192,803. To $235,255. Please call or email if
you have any questions or need any other information.
Best regards,
STANTEC CONSULTINGGSSERVVIICES INC
�`^�
Robert Reid, PE, CPA
Senior Associate
Phone: (949) 923-6037
Fax: (949) 923-6121
Robert.Reid@stantec.com
Attachments: Table 1 - Breakdown of Fee
W v:\projects\20C250680D\manogemenl\contmcl\cros\newpott beach_ mnyon CODZ-10170816.tlo«
Design with community in mind
EXHIBIT B
SCHEDULE OF BILLING RATES
Stantec Consulting Services, Inc. Page B-1
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9 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
I WITH STANTEC CONSULTING SERVICES INC. FOR
V BIG CANYON RESERVOIR FLOW METERING VAULT AND TREATMENT
IMPROVEMENT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 23rd day of December,
2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City'), and STANTEC CONSULTING
SERVICES INC., a New York Corporation ("Consultant'), whose address is 38
Technology Drive, Suite 100, Irvine, California 92618, and is made with reference to the
following:
RECITALS
A. On July 28, 2015, City and Consultant entered into a Professional Services
Agreement ("Agreement') for the Big Canyon Reservoir Flow Metering Vault
and Treatment Improvement Project ("Project').
B. The parties desire to enter into this Amendment No. One to reflect additional
Services not included in the Agreement, to extend the term of the Agreement to
December 31, 2017 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 December 31, 2017, 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 and subconsultant fees, shall not exceed One Hundred
Ninety Two Thousand Eight Hundred Three Dollars and 00/100 ($192,803.00),
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 Four Thousand Four Hundred Dollars and 00/100 ($34,400.00).
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. Choose
an item. to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S FFICE
Date:
By:
Aaron C. Harp Aw
City Attorney
ATTEST:
Date:
LIM
Leilani I. Brown
City Cler 177
F
i
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: --Q!5-11)::4
By: �.-
Dave
City Manager
CONSULTANT: Stantec Consulting
Services Inc., a New York Corporation
Date:
Signed in Counterpart
By:
Robert Reid
Senior Associate
[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. Choose
an item. to be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT `RaN/gFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Aaron C. Harp Acv Dave Kiff
City Attorney City Manager
ATTEST: CONSULTANT: Stantec Consulting
Date: Services Inc, a New York Corporation
Date: 12%2.2-%/
B B ZZ6��:
Y• Y•
Leilani I. Brown Robert Reid
City Clerk Senior Associate
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Stantec Consulting Services Inc. Page 3
EXHIBIT A
SCOPE OF SERVICES
Stantec Consulting Services Inc. Page A-1
Stantec
December 1, 2016
File: 2042506800
Attention: Ben Davis, PE
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Dear Ben,
Stantec consulting Servlces Inc.
38 Technology Drive Suite 100, Irvine CA 92618-5312
Reference: Request to Change Order No. 1 for Big Canyon Reservoir Flow Metering Vault and
Treatment Improvements
Stantec submitted the 90% complete Contract Documents for the Big Canyon Reservoir Flow
Metering Vault and Treatment Improvement project. Several items were included with the
submittal that were not included in our contracted scope of work. In addition, City of Newport
Beach (City) staff has requested that we prepare a value engineering analysis. To compensate
Stantec for this additional work, we respectfully request a change order to our agreement. The
proposed additional work is described below.
Additional Design Elements
During the final design phase, the design team determined that it would be cost-effective to have
a contractor upgrade a few other facilities while mobilized to the site. These additional facilities
include the following items:
• Installation of a new crane system in the first floor of the control building
• Replacement of the removable grate frame between the first floor and the basement of
the control building
• A new lighting system for the basement of the control building
• A new driveway approach to provide vehicular access to the metering vault
Stantec has included these additional facilities to the Construction Plans, Bid Documents,
Technical Specifications and engineer's estimate of probable construction costs.
Stantec's design budget assumed that one mixing system would be able to achieve acceptable
chemical mixing for all flow rates. With the proposed solution of two mixing systems (hydraulic
mixers and Ultra -tab static mixer), Stantec has prepared design drawings and technical
specifications for two systems. In addition, the hydraulic mixing system required more details than
Design with community in mind
December 1, 2016
Ben Davis, PE
Page 2 of 3
Reference: Request to Change Order No. 1 for Big Canyon Reservoir Flow Metering Vault and Treatment
Improvements
was anticipated including the additional design to allow the 42 -inch Zone II pipeline to drain back
to the 484nch reservoir inlet pipeline.
To add these facilities, and provide details and specifications for the two mixing systems, Stantec
requests an increase to our Task 1: Preparation of Construction Plans, Specifications and Estimates
budget of $11,900.
Additional CFD Analysis
Through reallocations of budgets from Task 5: Construction Engineering Support to Task 8: CFD
Modeling, a budget of $14,673 was established for limited Computational Fluid Dynamics (CFD)
analysis for the proposed chemical mixing system. With the unusually wide range of flow rates in
the 42 -inch pipeline of 2 cis to 40 cfs and a desire to limit scaling as much as possible, several CFD
modeling analyses were performed. Besides delaying the final design stage for months, Stantec
participated in many workshops with representatives from BETE Fog Nozzle and Charles P. Crowley
Company, and some with City staff.
The actual costs to complete the analysis to the satisfaction of the design team was
approximately $25,000. Therefore, Stantec requests an additional $10,000. for CFD modeling and
analysis.
Prepare a Value Engineering Analysis and Report
Since the capital cost for the proposed facilities will be significant to the City of Newport Beach,
City staff has requested a value engineering analysis and report be prepared for the project. This
analysis and report will include the following topics:
• Direct bury meter vs. vault installation
• Minimum size of metering vault
• Location of the metering vault
• Structural design of the metering vault
• Options for chemical mixing systems
A summary of the analysis will be summarized in a technical memorandum. A draft of the tech
memo will be provided for review by the design team. After the team has reviewed the tech
memo, a workshop will be held to review comments and discuss any other items that should be
included or evaluated. With the comments and input from the workshop, Stantec will prepare the
final tech memo. We anticipate that up to four (4) 11 " x 17" figures will be included in the report.
Design with community In mind
�J
December 1, 2016
Ben Davis, PE
Page 3 of 3
Reference: Request to Change Order No. 1 for Big Canyon Reservoir Flow Metering Vault and Treatment
Improvements
To perform the analysis, prepare the report, participate in a workshop and response to comments,
Stantec requests a budget for new Task 9: Value Engineering Analysis and Report of $12,500.
Summary
For this additional work, Stantec requests $34,400 of additional budget. This includes the following
components:
Task 1: Preparation of Construction Plans, Specifications, and Estimates $ 11,900.
Task 8: CFD Modeling $ 10,000.
Task 9: Value Engineering Analysis and Report 12,500.
Total $ 34,400.
The total contract amount would be increased from $158,403. To $192,803.
If this change order is acceptable to the City of Newport Beach, please provide approval in a
response to this letter.
Please call or email if you have any questions or need any other information
Best regards,
STANTEC CONSULTING SERVICES INC.
Robert Reid, PE, CPA
Senior Associate
Phone: (949) 923-6037
Fax: (949)923-6121
Robert.Reid@stantec.com
nv:\projects\2062506800\management\contract\new rl_beach_Ug_canyonco01 20161MI.docx
DesPgn with community in mind
EXHIBIT B
SCHEDULE OF BILLING RATES
Stantec Consulting Services Inc. Page B-1
Stantec
December 1, 2016
File: 2042506800
Attention: Ben Davis, PE
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Dear Ben,
Stantec Consulting Services Inc.
38 Technology Drive Suite 100, Irvine CA 92618-5312
Reference: Request to Change Order No. 1 for Big Canyon Reservoir Flow Metering Vault and
Treatment Improvements
Stantec submitted the 90% complete Contract Documents for the Big Canyon Reservoir Flow
Metering Vault and Treatment Improvement project. Several items were included with the
submittal that were not included in our contracted scope of work. In addition, City of Newport
Beach (City) staff has requested that we prepare a value engineering analysis. To compensate
Stantec for this additional work, we respectfully request a change order to our agreement. The
proposed additional work is described below.
Additional Design Elements
During the final design phase, the design team determined that it would be cost-effective to have
a contractor upgrade a few other facilities while mobilized to the site. These additional facilities
include the following items:
• Installation of a new crane system in the first floor of the control building
• Replacement of the removable grate frame between the first floor and the basement of
the control building
• A new lighting system for the basement of the control building
•
Anew driveway approach to provide vehicular access to the metering vault
Stantec has included these additional facilities to the Construction Plans, Bid Documents,
Technical Specifications and engineer's estimate of probable construction costs.
Stantec's design budget assumed that one mixing system would be able to achieve acceptable
chemical mixing for all flow rates. With the proposed solution of two mixing systems (hydraulic
mixers and Ultra -tab static mixer), Stantec has prepared design drawings and technical
specifications for two systems. In addition, the hydraulic mixing system required more details than
Df Sign win community in mine
December 1, 2016
Ben Davis, PE
Page 2 of 3
Reference: Request to Change Order No. 1 for Big Canyon Reservoir Flow Metering Vault and Treatment
Improvements
was anticipated including the additional design to allow the 42 -inch Zone II pipeline to drain back
to the 48 -inch reservoir inlet pipeline.
To add these facilities, and provide details and specifications for the two mixing systems, Stantec
requests on increase to our Task 1: Preparation of Construction Plans, Specifications and Estimates
budget of $11,900.
Additional CFD Analysis
Through reallocations of budgets from Task 5: Construction Engineering Support to Task 8: CFD
Modeling, a budget of $14,673 was established for limited Computational Fluid Dynamics (CFD)
analysis for the proposed chemical mixing system. With the unusually wide range of flow rates in
the 42 -inch pipeline of 2 cfs to 40 cfs and a desire to limit scaling as much as possible, several CFD
modeling analyses were performed. Besides delaying the final design stage for months, Stantec
participated in many workshops with representatives from BETE Fog Nozzle and Charles P. Crowley
Company, and some with City staff.
The actual costs to complete the analysis to the satisfaction of the design team was
approximately $25,000. Therefore, Stantec requests an additional $10,000. for CFD modeling and
analysis.
Prepare a Value Engineering Analysis and Report
Since the capital cost for the proposed facilities will be significant to the City of Newport Beach,
City staff has requested a value engineering analysis and report be prepared for the project. This
analysis and report will include the following topics:
• Direct bury meter vs. vault installation
• Minimum size of metering vault
• Location of the metering vault
• Structural design of the metering vault
• Options for chemical mixing systems
A summary of the analysis will be summarized in a technical memorandum. A draft of the tech
memo will be provided for review by the design team. After the team has reviewed the tech
memo, a workshop will be held to review comments and discuss any other items that should be
included or evaluated. With the comments and input from the workshop, Stantec will prepare the
final tech memo. We anticipate that up to four (4) 11" x 17" figures will be included in the report.
Design with community in mind
Ll
December 1, 2016
Ben Davis, PE
Page 3 of 3
Reference: Request to Change Order No. 1 for Big Canyon Reservoir Flow Metering Vault and Treatment
Improvements
To perform the analysis, prepare the report, participate in a workshop and response to comments,
Stantec requests a budget for new Task 9: Value Engineering Analysis and Report of $12,500.
Summary
For this additional work, Stantec requests $34,400 of additional budget. This includes the following
components:
Task 1: Preparation of Construction Plans, Specifications, and Estimates $ 11,900.
Task 8: CFD Modeling $ 10,000.
Task 9: Value Engineering Analysis and Report1� 2.500.
Total $ 34,400.
The total contract amount would be increased from $158,403. To $192,803.
If this change order is acceptable to the City of Newport Beach, please provide approval in a
response to this letter.
Please call or email if you have any questions or need any other information.
Best regards,
4 LVtt*WQ1* KII%1CICSi4NVA11014.11J1 6A
Robert Reid, PE, CPA
Senior Associate
Phone: (949) 923-6037
Fax: (949) 923-6121
Robert.Reid@stantec.com
Rv:\projects\2042f MW\manogement\contract\newport-beach_big canyon ao01 20161201 docx
[7esign with commualty in mind
PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES, INC. FOR
BIG CANYON RESERVOIR FLOW METERING VAULT AND TREATMENT
IMPROVEMENT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and
entered into as of this 28th day of July, 2015 ("Effective Date"), by and between the
C� 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, Suite 100, 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 the Big Canyon Reservoir Flow Metering Vault and Treatment Improvement
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 June 30, 2017, 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.
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3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed One Hundred
Fifty Eight Thousand Four Hundred Three Dollars and 00/100 ($158,403.00),
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 Robert Reid 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.
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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 the highest professional
Stantec Consulting Services, Inc. Page 3
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first-
class firms performing similar work under similar circumstances.
8.2 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 the highest professional standard.
8.3 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.
8.4 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'), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
Stantec Consulting Services, Inc. Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
Stantec Consulting Services, Inc. Page 5
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (hereinafter "Documents"), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Additionally, all material posted in
cyberspace by Consultant, its officers, employees, agents and subcontractors, in the
course of implementing this Agreement, shall become the exclusive property of City,
and City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
Stantec Consulting Services, Inc. Page 6
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that
Consultant shall not be liable for claims, liabilities or losses arising out of, or connected
with (a) the modification or misuse by City, or anyone authorized by City, of CADD data;
(b) the decline of accuracy or readability of CADD data due to inappropriate storage
conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD
data for additions to this Project, for the completion of this Project by others, or for any
other Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and/or viewable with Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by consultant represents the
consultant's judgment as a design professional and is supplied for the general guidance
of City. Since consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, consultant does not guarantee the accuracy of
such opinions as compared to consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
Stantec Consulting Services, Inc. Page 7
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and/or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
Stantec Consulting Services, Inc. Page 8
25.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Robert Reid
Stantec Consulting Services, Inc.
38 Technology Drive, Suite 100
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 seg.).
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
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 Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
Stantec Consulting Services, Inc. Page 10
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,
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.
Stantec Consulting Services, Inc. Page 11
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 ATTO EY'S OFFICE
Date:
By:
Aaron C. Harp c.+M eiiwcr
City Attorney
ATTEST: C7 J-346
Date: 3
By.
Leilani I. Brown`
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: -lam
By:
Edward D. Selich
Mayor
CONSULTANT: Stantec Consulting
Services, Inc., aew York Corporation
Date: Z/ PiS
By: Zx�z4A_ 2�01_/
Robert Reid
Senior Associate
[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
SCOPE OF SERVICES
Stantec Consulting Services, Inc. Page A-1
Scope of Work
The overall project scope of work will accomplish the
followingtasks:
• Preparation of construction plans, specifications, and
estimates
• Geotechnical engineering services
• Design surveying services
• Bid period support (when requested by the City)
• Construction engineering support (when requested by
the City)
Task 1: Preparation of Construction Plans,
Specifications and Estimates
A. Project Kick-off, Data Gathering and Review
We will meet with City staff to discuss the design
parameters, project goals, lines of communication, planned
scope of work, project schedule, site-specific conditions,
and latest developments. We will obtain record drawings,
planning documents, chemical treatment parameters, and
other miscellaneous and applicable reports necessary to
prepare the project documents.
B. Site Walk
Stantec staff will perform a site walk to identify existing
conditions that may affect the design and construction of
the project. Stantec prefers that during the site walk, the
City's engineering and operations staff she uld be present.
C. Evaluate Existing Chemical Injection and Mixing System
Stantec will evaluate the existing chemical injection and
mixing system. At a minimum, this evaluation will include
reviewing any existing reports analyzing the current
conditions, the performance of the existing equipment,
and history of maintenance issues, Vendors and company
experts will be contacted to develop various mixing device
options and operating scenarios. The best available options
will be evaluated and a recommended solution will be
presented to the City for consideration.
D. Locating New 30 -inch Mag Meter Vault
Stantec will evaluate several locations along the existing
30 -inch effluent pipeline for the new vault. Each loca-
tion will be evaluated in regards to location, size of vault,
impacts to the existing site, and maintenance constraints.
We will present the recommended location to the City for
approval.
E. Technical Design Memorandum
We will prepare a Technical Design Memorandum (TDM)
that will summarize the information developed above in
creating the design criteria for the project. The TDM will
be used as the basis for the preparation of the construction
drawings and the technical specifications for proposed
improvements. We will prepare a preliminary estimate
of probable construction costs and an updated project
schedule. Stantec will present recommendations as
required to accommodate the new metering vault and
mixing device.
F TDM Workshop
We will meet with City staff to present and discuss the
TDM. This is intended to be aworkshop setting to provide
immediate feedback, input, and any decision making
required to proceed towards the 50% Design submittal. We
will address all comments, provide responses, and make
the appropriate revisions to the TDM. A final TDM will
be prepared and copies will be submitted to the City along
with the 50176 Design submittal.
G. Construction Plans, Specificat. )ns, oral Estimates
Stantec will prepare a complete set of construction plans,
specifications, and estimate for the purpose of receiving
competitive public bidding based on the approved
solutions.
Included in the set of plans will be the following:
• Preparation of civil site plans based on the approved
solutions
• Preparation of the mechanical plans based on the
approved solutions
• Preparation of any required structural plans based on
the approved solutions
• Preparation of any required electrical plans based on
the approved solutions
Stantec will prepare detailed construction drawings in
accordance with the City's AutoCAD drafting standards.
Each plan sheet shall be on City standard 24 -inch x 36 -inch
bond sheet. Design services shall include preparation
of construction drawings showing plans, sections, and
details of the project and all appurtenances and site
improvements.
See Table 1 on the following page for our list of anticipated
preliminary drawings.
We will prepare the special provisions based on the 2009
Greenbook and Construction Specifications Institute (CSI)
format. Our effort for preparation of specifications includes
the necessary g coification sections for the City's pre-
purchase of equipment. We assume the City will prepare
the required "front end" portions of the pre -purchase
documents.
See Table 2 on the following page for our list of anticipated
preliminary technical specifications.
An opinion of probable construction costs will be prepared,
which shall be the basis of the engineer's estimate stated in
the bid documents. An estimate will be at the 90 percent
level and updated for the final submittal.
'. ,p. ��•��._. ._.a'. Er :., .;e.'-".'.aCs,., - a,,.-.., - ,.-.y,.,r e. ,, ca.ro,
List of Preliminary Drawings and Technical Specifications
Table I
No. List of Preliminary Drawings
G-1 Title Sheet
G-2 j Sheet Index, List of Drawings, Legend
i
G-3 General Notes
C-1 i Site Plan
C-2 i Vault Plan and Sections
C-3 Details
M-1 ! Demolition Plan and New PipingLayout
M-2 , Chemic-1NlixingPlan and Sections
M-3 Chlorine Analyzer Plan and Details
M-4 Vault Mechanical Piping Plan and Sections
M-5 Vault Stairway Plan and Sections
M-6 Details
S-1 Structural Notes
S-2 I Structural Notes
I
S-3 Structural Notes
S-4 I Structural Typical Details
s -s Structural Typical Details
S-6 Vault Plan and Sections
I
S-7 'Details
S-8 ( Details
iStandard Electrical Symbols and
E-1 Abbreviations
E-2 i Electrical Site Plan
E-3 'Electrical Details
Table 2
Sect. List of Preliminary Technical Specifications
02050 Demolition
02220 I Structural Earthwork
03300 Concrete
05125 Miscellaneous Metalwork
05310 ( Access Doors and Frames
07145 Water Proofing for Underground Structures
I
07990 Sealants and Caulking
09900 Painting and Coatings
11010 1 Mechanical Equipment
i
15070 Miscellaneous Piping and Appurtenances
I
15074 Hangers and Supports
15120 Miscellaneous Valves and Appurtenances
15150 Meters
15800 i Ventilation
16050 ' Electrical General Provisions
A strong start is key to a
�successful project. have
already met with several ral
key agency staff, initiated
the research effort, and
developed an initial work
plan in an effort to generate
positive momentum moving
into this project.
6
H. Progress Submittals and Workshops
During the design phase, we will submit interim progress
submittals to the City for review and comment. Progress
submittals shall include drawings and specifications
and shall be submitted at the 50 percent and 90 percent
completion levels. Six (6) full-size hard copies and
electronic files willbe provided for each submittal. At
each progress submittal, we will conduct a workshop
to present and discuss the contents of the submittal to
expedite the review process.
The 50 percent progress submittal will include drawings
and specifications. Drawings will include, as a minimum,
all major plans and sections and any pertinent details.
Specifications will include a table of contents and major
specification sections, substantially completed.
The 90 percent progress submittal will include drawings,
specifications, and an engineer's opinion of probable
costs. All City comments from the 50 percent progress
submittal will be addressed or resolved. Drawings shall
have all plans and section completed and all details
substantially completed. Specifications will be completed
with only minor coordination issues outstanding. The
90 percent progress submittal will include an engineer's
opinion of probable construction costs presented on
the contractor's bid proposal form with detailed backup
documentation.
The City anticipates a two-week review duration for each
submittal. Stantec will meet to discuss City review com-
ments for each submittal.
I. Final Submittal
We will submit the final plans, specifications, and
engineer's opinion of probable costs to the City for
approval. Plans and specifications shall be stamped and
signed by a professional engineer of the appropriate
engineering discipline registered in the State of
California. The final submittal v ill address or resolve all
City comments from the 90 percent progress submittal.
We will attend a meeting to gain the City's approval to
explain or answer any remaining questions.
Upon r: solution of all City review comments, the final
signed construction documents will be submitted to the
City for approval. Final plans will consist of a Mylar Title
Sheet and bond plots for the remaining sheets.
Stantec will submit the final electronic files to the City on
a compact disc containing all drawings in both AutoCAD
and PDF file formats.
J. Project Management
We will be responsible for all project management
activities, including coordination with City staff and
design coordination with other engineering disciplines and
subconsultants.
K. City Meetings
We will schedule and lead meetings with the City to ensure
that any design, operation, and maintenance issues are
addressed. Stantee will prepare meeting agendas and
minutes with action items. Per the City's request, a total of
eight (8) meetings have been budgeted under this task.
Task 2: Geotechnical Engineering Services
A. Subconsultont
Our geotechnical subconsultant, Ninyo & Moore, will
provide a geotechnical investigation report for the proposed
magmeter vault, including all necessary geotechnical
engineering services as required for the design to construct
all proposed improvements. This task does not include
material testing during construction.
Task 3: Design Surveying Services
A. Design
We will provide design surveying services, as required, to
facilitate the design for the construction of all proposed
improvements. We estimate that one day of our survey crew
will be necessary to verify existing conditions around the
existing Control Building where the location of construction
is proposed. It is assumed that the City will provide all
available survey control and topographic data and other
necessary information in the vicinity of the project site.
Task 4: Bid Period Support (Optional - When
Requested by the City)
A. Bid Support
We will be available to support the City during the contract
bidding.
B. Pre -Bid Meeting
We will be available to attend one (1) contractor's pre-bid
meeting and generate meeting notes for said meeting.
C, Addenda
We will be available to answer questions from prospective
bidders and provide information and clarifications of bid
documents to prospective bidders. Stantec will budget for
the preparation of two (2) addenda, if so requested by the
City.
Task 5: Construction Engineering Support
(Optional - When Requested by the City)
A. Pre -Construction Meetino
We willbe available to attend one (1) pre -construction
meeting and bi-weekly construction coordination
meetings with the Contractor as directed by the
City. Stantec will budget to attend a total of seven (7)
construction related meetings.
B. Review Drawings
We will be available to review shop drawings and
submittals. Stantec will budget for twenty (20)
shop drawing reviews and six (6) resubmittals. This
includes the pre -purchased equipment submittals as
recommended.
C. Construction Observation
Stantec will be available to monitor construction
progress, advise the City with respect to the contractor's
general conformance to the construction documents, visit
the project site, and make field recommendations.
D. Construction Documants Revi-ions
We will be available to make revisions to the construction
documents and prepare delta revisions to be presented to
the contractor. Stantec will budget for the preparation of
two (2) delta revisions.
E. Final Record Drawings
We will be available to coordinate and prepare final record
drawings ("as-builts") and verify accuracy of as -built
plans.
Task 6: Zone III Pump 1 and 4 VFD
Replacement (Optional - When
Requested by the City)
We will engineer and design a variable frequency drive
(VFD) replacements for Water Supply Zone III Pumps 1
and 4. The pumps utilize 300hp motors. The existing 18
pulse VFDs are manufactured by ABB. The existing ABB
VFDs will be removed in their entirety, including their
enclosures. The desired replacement VFDs are Toshiba
Ines model W7. The W7will be an 1S pulse VFD to meet
the requirements of IEEE standard 519, Recommended
Practice and Requirements for Harmonic Control in
Electric Power Systems. The drives will be pre -purchased
by the City.
The design approach will assume that the existing feeder
conductors from the switchboard to the VFD and from the
VFD to the pump motor are sufficiently long and do not
need to be replaced. A note will be placed on the drawing
requiring the Contractor to splice additional cable to the
existing cable if they are not sufficiently long.
The design approach will re -implement the control
strategy for the existing VFDs. This control strategy is
depicted on original construction drawing E-9.
The design approach will assume that the existing pump
control panel (PCP) will be replaced prior to the VFD
replacement, as indicated by the City during the meeting
on June 22, 2015 at the pump station. The reprogramming
of the programmable logic controller (PLC) and human
machine interface (HMI) software will not be in the scope
of the subject project. Only the input/output (I/O) wiring
between the VFD and PCP will be in the scope of the
subject project.
In completion of this work, Stantec will perform the
following services:
A. Review Existing Documentation and Photos
We will obtain record drawings, planning documents,
photos, and other miscellaneous and applicable reports
necessary to prepare the project documents.
B. Electrical Construction Plans, Specifications and
Estimate
We will prepare a complete set of electrical construction
plans, specifications, and estimate for the purpose
of receiving competitive public biddingbased on the
approved solutions.
Included in the set of plans will be the following:
• Cover Sheet
• Legend, Abbreviations and Notes
• Site Plan
• Building Plan
• Single -Line Diagram- Demolition
• Single -Line Diagram - New
• Motor Control Schematic
We will prepare detailed construction drawings in
accordance with the City's AutoCAD drafting standards.
Each plan sheet shall be on City standard 24 -inch x 36 -inch
bond sheet.
D., _ - „n,,.' _ ]v. r:. tip, . r o' ma•me^i i, o,>.e^,-v;
We will prepare the special provisions based on the 2009
Greenbook and Construction Specifications Institute
(CSI) format. Our effort for preparation of specifications
includes the necessary specification sections for the
City's pre -purchase of equipment. We assume the City
will prepare the required "front end" portions of the pre-
purchase documents.
An opinion of probable construction costs will be
prepared, which shall be the basis of the engineer's
estimate stated in the bid documents. An estimate
will be at the 80 percent level and updated for the final
submittal.
C. Progress Submittal and Workshop
During the design phase, we will submit interim progress
submittals to the City for review and comment. Progress
submittals shall include drawings and specifications and
shall be submitted at the 80 percent completion level.
The 80 percent progress submittal will include drawings,
specifications, and an engineer's opinion of probable
costs.
Six (6) full-size hard copies and electronic files will be
provided for the submittal. In addition, we will conduct
aworkshop to present and discuss the contents of the
submittal to expedite the review process.
D. Final Submittal
We will submit the final plans, specifications, and
engineer's opinion of probable costs to the City for
approval. Plans and specifications shall be stamped and
signed by a professional electrical engineer registered
in the State of California. The final submittal will
address or resolve all City comments from the 80 percent
progress submittal.
Upon resolution of all City review comments, the final
signed construction documents will be submitted to the
City for approval. Final plans will consist of a Mylar Title
Sheet and bond plots for the remaining sheets.
Stantec will submit the final electronic files to the City on
a compact disc containing all drawings in both AutoCAD
and PDF file formats.
E. Bid Period Support
• We will be avail able to support the City during the
contract. bidding.
• We will be available to attend one (1) contractor's
pre-bid meeting and generate meeting notes for said
meeting.
• We will be available to answer questions from
prospective bidders and provide information and
clarifications of bid documents to prospective bidders.
Stantec will budget for the preparation of one (1)
addendum, if so requested by the City.
F Construction Engineering Support
We will be available to attend one (1) pre -construction
meeting with the Contractor as directed by the City.
We will be available to review shop drawings and
submittals. Stantec will budget for four (4) shop
drawing reviews and two (2) resubmittals. This
includes the pre -purchased equipment submittals as
recommended.
Stantec will be available to monitor construction
progress, advise the City with respect to the
contractor's general conformance to the construction
documents, visit the project site, and make field
recommendations.
We will be available to make revisions to the
construction documents and prepare delta revisions to
be presented to the contractor. Stantec will budget for
the preparation of one (1) delta revision.
We will be available to coordinate and prepare final
record drawings ("as-builts") and verify accuracy of
as -built plans.
Assumed City of Newport Beach Provided Services
• City staff will be available toans�Lcerproject-related
questions and will facilitate coordination with the
City's Operations staff.
• City will provide supervised access to the site for
verification of existing conditions.
• City will make all City record drawings, reports and
related materials available to Stantec.
• City will provide a copy of the City's title block in
AutoCAD format.
• The City will reproduce bid sets and addenda for the
bidders, and be responsible for advertisement and
sellingof the plans and specification,. In addition, the
Citywill conduct the pre-bid meeting and bid opening.
EXHIBIT B
SCHEDULE OF BILLING RATES
Task 1: Preparation of Construction Plans, Specifications, and Estimates
A. Project Kick-off, Data Gathering and Review
B. Site Walk
C. Evaluate Existing Chemical Injection and Mixing System
D. Locating New 30" MagMeter Vault
E. Technical Design Memorandum
F. Meeting to Discuss/Review City's Comments on TDM
G. Prepare Final Technical Design Memorandum
a. Prepare Construction Plans
b. Prepare Specification Package
c. Prepare Cost Estimates
H. Progress Submittals
a. 50 Percent Completion Level
b. 90 Percent Completion Level
I. Final Submittal
J. Project Management
K. Project Meetings (6)
Subtotal Task 1: $98,194.00
Task 2: Geotechnical Engineering Services
A. Provide Geotechnical Investigation Services and Report
Subtotal Task 2: $12,682.00
Task 3: Design Survey Services
A. Provide Site Design Survey
Subtotal Task 3: $3,055.00
Stantec Consulting Services, Inc. Page B-1
OPTIONAL SERVICES (WHEN REQUESTED BY THE CITr
Task 4: Bid Period Support
A. Support City during Bid Period
B. Attend Pre -Bid Meeting and Prepare Minutes
C. Answer Bidder's Questions and Prepare Addenda
Subtotal Task 4: $5,113.00
Task 5: Construction Engineering Support
A. Attend Pre -Construction Meeting and 6 Construction Meetings
B. Review Shop Drawing Submittals
C. Monitor Construction Progress, Advise City, Visit Site, Recommendations
D. Make Revisions to Construction Documents
E. Prepare Final Record Drawings
Subtotal Task 5: $19,423.00
Task 6: Zone III Pump 1 and 4 VFD Replacement
A. Review Existing Documentation and Photos
B. Existing Documentation and Photos
C. Prepare Specification Package
D. Prepare Cost Estimates
E. Project Meeting (1)
F. Bid Support
G. Construction Engineering Support
Subtotal Task 6: $19,936.00
GRAND TOTAL: $158,403.00
Stantec Consulting Services, Inc. Page B-2
RATE SHEET
STANTEC DESIGN
Title and/or Name
Hourly Rate
Engineering Support/CADD Technician
$110.00
Senior Electrical Designer
$157.00
Electrical Engineer: Marty Armenta, PE,
RCDD, LEED AP
$174.00
Mixing & Chlorination: Ray Kruth
$166.00
Design Engineer: Nancy Baker, PE
$166.00
Project Engineer: Bob Seeman, PE
$174.00
Project Manager: Robert Reid, PE
$202.00
STANTEC SURVEYING
Title and/or Name
Hourly Rate
Field Survey, Two Person Crew
$245.00
Engineering / Survey Coordinator
$157.00
Jim Steines, PLSSurvey Manager
$174.00
Stantec Consulting Services, Inc. Page B-3
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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 officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Stantec Consulting Services, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers 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 and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
Stantec Consulting Services, Inc. Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
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: 7/22/15 Dept./Contact Received From: Raymund
Date Completed: 8/12/15 Sent to: Raymund By: Chris
Company/Person required to have certificate: Stantec Consulting Services
Type of contract: Big Canyon Reservoir Flow Metering
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/15-5/1/16
A.
INSURANCE COMPANY: Zurich American lnsuranceCompany
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 $1M or greater): What is limit provided?
2,000,000/4,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
Its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 5/1/15-5/1/16
A.
INSURANCE COMPANY: Sentry Insurance a Mutual Company
B.
AM BEST RATING (A-: VII or greater) A+:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
0 N/A ® Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 5/1/15-5/1/16
A.
INSURANCE COMPANY: Sentry Insurance a Mutual Company
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
X Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
X Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
X Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
X N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A X Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY (EFF 8/1/15-8/1/16)
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF N0, WHICH ITEMS NEED TO BE COMPLETED?
8/12/15
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
❑ N/A X Yes ❑ No
X N/A ❑ Yes ❑ No
X N/A ❑ Yes ❑ No
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RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.