HomeMy WebLinkAbout06 - Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (21R15) — Approval of PSAQ �EwPpRT
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FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
PREPARED BY:
PHONE:
November 10, 2020
Agenda Item No. 6
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
Andy Tran, Senior Civil Engineer, atran@newportbeachca.gov
949-644-3315
TITLE: Jamboree Road Pavement Rehabilitation and Reclaimed Water
Conversion (21 R15) — Approval of Professional Services Agreement
with Stantec Consulting Services, Inc., Contract No. 7885-1
ABSTRACT:
As part of the City's Pavement Management Program, Jamboree Road from East Coast
Highway to Ford Road/Eastbluff Drive is scheduled for pavement rehabilitation in Fiscal
Year 2021-22. Additionally, the existing potable water irrigation system within the current
turf medians is recommended for conversion to a reclaimed water irrigation system to
meet State guidelines. Staff is requesting City Council's approval to enter into a
Professional Services Agreement with Stantec Consulting Services, Inc. to prepare the
necessary construction documents.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a Professional Services Agreement with Stantec Consulting Services, Inc. of
Irvine, CA, for the Jamboree Road Pavement Rehabilitation and Reclaimed Water
Conversion project at a not -to -exceed price of $298,764, and authorize the Mayor and
City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The adopted FY 2020-21 Capital Improvement Program budget includes sufficient
funding for this service. It will be expensed to the Jamboree Road Pavement
Rehabilitation Project Account No. 53601-980000-21R15 and Water Capital Account
No. 70201932-980000-21 W05. The consultant's proposed not -to -exceed fee for this
service is $298,764.
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Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (21 R15) —
Approval of Professional Services Agreement with
Stantec Consulting Services, Inc., Contract No. 7885-1
November 10, 2020
Page 2
DISCUSSION:
With approximately 53,000 vehicles per day utilizing Jamboree Road between East Coast
Highway and Ford Road/Eastbluff Drive, the asphalt roadway has deteriorated since its
last pavement rehabilitation in 1999 (East Coast Highway to San Joaquin Hills Road) and
in 2006 (San Joaquin Hills Road to Ford Road/Eastbluff Drive). As part of the City's
Pavement Management Program, Jamboree Road from East Coast Highway to Ford
Road/Eastbluff Drive is scheduled for pavement rehabilitation in FY 2021-22.
Also in accordance with an Executive Order issued by former Governor Brown in April
2015, the State Water Resources Control Board (SWRCB) imposed restrictions on
potable water usage to address on-going drought conditions in the State of California
(SWRCB Resolution No. 2015-0032). These restrictions included prohibiting irrigation of
ornamental turf in public street medians with potable water. As a result, the City stopped
irrigating the medians with the existing potable water system and, consequently, the turf
died. This project includes extending a reclaimed water line to the median south of Santa
Barbara Drive and converting the existing potable irrigation system to a reclaimed water
irrigation system. The median will also be re -seeded with turf, similar to the condition
prior to the Executive Order. By converting to reclaimed water, the turf can remain,
avoiding the re -landscaping cost that has been done to other former turf medians.
Proposed improvements involve cold milling and overlaying the existing asphalt concrete
street pavement with new rubberized asphalt concrete pavement, reconstructing
deteriorated concrete sidewalks, curbs, gutters, medians, and access ramps, adjusting
utility boxes to grade, installing new traffic signs, restriping the pavement, converting the
existing potable irrigation system in the median to a reclaimed water irrigation system, re-
seeding the median with turf, and other appurtenant items of work.
Earlier this year, staff requested proposals from five consulting firms to provide
professional engineering services for the East Coast Highway Pavement Rehabilitation
project (21 R12). The design scope of work for this project is very similar to the East Coast
Highway Pavement Rehabilitation project. Four proposals were received and reviewed
by a three-person technical panel. The scoring for the proposals is as follows:
PROPOSER
TOTAL SCORE
OVERALL RANK
Michael Baker International, Inc.
274
1
Stantec Consulting Services, Inc.
271
2
Psomas
262
3
Mark Thomas & Company, Inc.
245
4
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Jamboree Road Pavement Rehabilitation and Reclaimed Water Conversion (21 R15) —
Approval of Professional Services Agreement with
Stantec Consulting Services, Inc., Contract No. 7885-1
November 10, 2020
Page 3
On July 14, 2020, the City entered into a professional services agreement with Michael
Baker International, Inc. (Michael Baker) to prepare the construction documents for the
East Coast Highway Pavement Rehabilitation project. This design effort is currently
underway.
As shown in the above table, Michael Baker and Stantec Consulting Services, Inc.
(Stantec) were very closely ranked as the top two firms, scoring within three points of
each other. Both Michael Baker and Stantec demonstrated that they have the expertise
and experience needed to complete construction documents for pavement rehabilitation
projects. In addition, both firms have successfully completed similar projects for other
local agencies as well as for the City of Newport Beach. Since Michael Baker was recently
awarded the East Coast Highway Pavement Rehabilitation project design contract, staff
recommends approving a Professional Services Agreement with Stantec to complete the
final design efforts for the Jamboree Road Pavement Rehabilitation and Reclaimed Water
Conversion project.
The proposed scope of work includes project management, research and data collection,
reclaimed water pipeline conversion concept design study, utility coordination, field
surveying services and base mapping, geotechnical testing and preparation of pavement
report, preparation of final construction plans, roadway design cross sections,
specifications and construction cost estimates, coordination with the Regional Water
Quality Control Board to procure recycled water use permit, construction support
services, and preparation of as -built drawings. Construction is tentatively planned for
Spring 2022.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
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ATTACHMENT A
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LIMITS OF WORK
JAMBOREE ROAD PAVEMENT REHABILITATION CITY OF NEWPORT BEACH
AND RECLAIMED WATER CONVERSION PUBLIC WORKS DEPARTMENT
LOCATION MAP C-7885-1-711/10/2020
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES INC. FOR
JAMBOREE ROAD PAVEMENT REHABILITATION AND RECLAIMED WATER
CONVERSION PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 10th day of November, 2020 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and STANTEC CONSULTING SERVICES INC., a New York Corporation ("Consultant"),
whose principal business address on file with the California Secretary of State is 370
Interlocken Blvd., Suite 300, Broomfield, Colorado 80021, and 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 project management and construction
documents for pavement rehabilitation of Jamboree Road from East Coast
Highway to Ford Road / Eastbluff Drive; and to provide improvement plans, utility
coordination, field surveying, and design study for the conversion of the existing
potable water irrigation system within the medians to a reclaimed water irrigation
system to permit new median turf enhancements ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2022, 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. 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 Two Hundred Ninety Eight
Thousand Seven Hundred Sixty Four Dollars and 00/100 ($298,764.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
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4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
S. 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 Department. 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
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competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
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limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
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.
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16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
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resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
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inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et 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
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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
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 Dr.
Irvine, CA 92618
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27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
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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 parry may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
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30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
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6-15
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date_
By: -/"- Fo(
Aaron C. Harp $w 10 • Ll .1
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Will O'Neill
Mayor
CONSULTANT:
Services Inc., a
Date:
Stantec Consulting
New York Corporation
By:
Mohammad Heiat
Principal In Charge
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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6-17
EXHIBIT A
SCOPE OF SERVICES
1. Project Management, Progress Meetings and Coordination
Consultant shall communicate all progress, design assumptions, and design challenges
with City. 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 shall
diligently prepare and distribute meeting minutes or records of discussion and allow City
and other attendees to review and comment on these before proceeding further on the
design or other project tasks.
Consultant shall schedule a kick-off meeting to:
• Obtain background information,
• Review and refine the project scope and schedule;
• Establish the lines of communication; and
• Discuss the critical design issues such as pavement strategies and the new
reclaimed water improvements.
Meetings will also be held to review the conceptual reclaimed water plan, pavement
report, and the 50 -percent, 90 -percent, and 100 -percent submittal packages as required.
Consultant shall develop a comprehensive and specific project work plan and quality
control plan, and the project schedule will be updated monthly.
2. Research, Data Collection, and Field Visits
Consultant shall research and obtain available as -built record drawings, utility plans,
preliminary engineering reports, and record survey drawings for the project. Consultant
assumes that City will provide the historical meter data for the median, and water system
pressure data.
As part of this task, Consultant shall also perform a field review of the site to evaluate the
following:
• Condition of the existing pavement and locations of local pavement repairs;
• The locations of any damaged, raised, or sunken curbs gutters, sidewalks,
and other concrete improvements within the public right-of-way that needs to
be constructed, repaired, or brought up to current ADA standards; and
• Identify any other noteworthy features.
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Prior to the field review, Consultant shall coordinate with City to determine the extent of
repairs and ADA improvements the City is 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.
3. Reclaimed Water Pipeline Conversion Concept Design Study
3.1 Hydraulic Analysis and Pipeline Sizing
Consultant shall review and analyze the historical irrigation water use data for the
median and calculate an estimated peak flow for the median. Based on the
estimated flow, Consultant shall analyze the proposed pipeline and system
pressures. The analysis will be conducted using the GAP computer model utilized
for the OCWD's GAP System Analysis project. The pipeline will be sized based on
both City and industry standards for velocity. The proposed anticipated pressures
will be compared with the existing pressures to determine if any pressure reduction
will be needed to approximately match existing potable pressure. Consultant
assumes one coordination meeting with the City engineering and operations staff.
3.2 Regulatory Agency Coordination
Consultant shall coordinate with the Regional Water Quality Control Board
(RWQCB) and Division of Drinking Water (DDW) to establish and describe the
permitting process for this project and incorporate recent application regulations
and requirements to the conceptual design of the project.
3.3 Conceptual Project Design
Consultant shall utilize the GIS data and as -built plan information obtained from
the City to create a conceptual water plan for the project. The conceptfield
surveying ual water plan will be a 11 x 17 exhibit, using the existing street
improvement plan pdf file as the base, that schematically shows a preliminary
alignment and limits of the proposed recycled water pipeline in Jamboree Road,
from the point of connection to the OCWD GAP pipeline to the connection points
to the median irrigation system. Consultant shall coordinate with the City for
potential need of an emergency connection with the potable water system. If such
an emergency connection is needed requirements for cross connection prevention
will be described and coordinated with DDW requirements.
3.4 Prepare Technical Memorandum
Consultant shall prepare a technical memorandum that describes the proposed
project, assumptions, hydraulic analysis, and preliminary concept plan. Consultant
anticipates that a draft of the technical memorandum will be submitted to the City
for review and comment. Based on the review comments, Consultant shall prepare
a final technical memorandum.
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4. Utility Coordination
Thorough utility coordination is essential for the success of this important improvement
project. Consultant assumes that the City will distribute the first utility request notices to
the utility companies in the project area and will forward the utility contacts and any utility
maps or atlases received. Consultant shall organize this information in a utility
coordination matrix that will be updated throughout the project. Consultant shall
coordinate with the respective utility companies to confirm ownership, location, and depth
of facilities, and to resolve any conflicts with the new improvements. Consultant shall lead
efforts to identify ownership of unknown utility lines or appurtenances, determine any
utility facilities that may interfere with proposed construction, and coordinate the
relocation or adjustment of all utilities impacted by the new construction.
Consultant anticipates distributing two notices to the utility companies for this project. The
initial notice shall include the 50 -percent improvement plans, which will show the location
of all known utilities and any preliminary utility relocations or adjustments. Consultant shall
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 shall
confirm the number of utilities adjustments with each utility company and whether they
will have the City's contractor perform this work. Consultant shall also coordinate any
required utility relocations along with any required work windows.
Consultant shall incorporate any comments received into the 90 -percent and 100 -percent
final plans and then distribute the final notice to each utility company for their review and
approval. Consultant shall then obtain written confirmation from each utility company that
all comments have been addressed and the plans are acceptable.
5. Field Surveying Services and Base Mapping
5.1 Field Survey
Our surveyors shall establish horizontal and vertical survey control and perform a
field topographic survey to document the existing site topography and planimetrics
within the area of proposed improvements. The design survey will include cross
sections at 50 -foot intervals (right-of-way to right-of-way) to locate visible surface
improvements and surface utilities within the survey limits. The survey limits will
include Jamboree Road from Pacific Coast Highway (Consultantstbound #4 lane)
to Ford Road (+/- 8,500 LF) and extend approximately 100 -feet beyond the limits
in all directions of all signalized intersections.
As part of the field survey, Consultant shall observe monuments to retrace the
centerlines of Jamboree Road. Consultant shall incorporate the results into a 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. Survey monuments located and indicated on the survey will be
limited to existing, centerline monuments found along Jamboree Road. Consultant
assumes that all Corner Records will be filed by the Contractor's surveyor as
required by the Special Provisions.
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5.2 Topographic and Base Map
Consultant shall download and compile the field survey data to create a
topographic map of the project limits, including:
• Surface features (curb and gutter, pavement, sidewalk, curb ramps,
driveways, striping, trees);
• Visible surface utilities (manholes, water valves, fire hydrants, catch
basins, utility boxes, utility poles, overhead utilities, guy wires, vaults);
• Mapping information (centerlines and right-of-way lines); and
• Contours generated at 1 -foot intervals.
Consultant shall use available agency research, prior surveys, and assessor parcel
maps in conjunction with the monuments found during the field survey to prepare
the mapping information shown on the base map.
5.3 Utility Base Map
Consultant shall prepare an existing utility base drawing which shall include all
known underground utility lines within the project limits. Existing utilities will be
plotted based on the record drawings and atlases received from the City and the
utility companies. Their locations will be cross checked against the surface utilities
found during our topographic survey to confirm they are shown in the most
accurate location possible
6. Pavement Report
6.1 Geotechnical Testing and Pavement Report
Consultant has teamed up with Group Delta as the subconsultant to provide
geotechnical testing and the pavement report for the project. The Subconsultant
proposes the following work:
• Review existing data,
• Perform site reconnaissance;
• Obtain no fee encroachment permits;
• Clear utilities through DigAlert, review of available plans, and
geophysical screening;
• Perform subsurface exploration program consisting of drilling ten (10)
borings to 5 feet below ground surface;
• Perform laboratory testing for subsurface explorations to classify the
soils and characterize engineering properties of soils for pavement
design,
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• Performing a deflection study and ground penetration radar to be
included in the pavement evaluations;
Perform engineering analysis to develop several pavement design and
repair options; and
• Prepare final pavement report.
Borings will be drilled by a truck -mounted rig using hollow -stem auger techniques
or asphalt will be cored and hand augured. The borings will be performed in the
outside lane and, if allowed by the City, four borings can be advanced on the inside
lane near the buried median to confirm the pavement section thickness. One of the
borings will be near the intersection of Jamboree Road and Santa Barbara Drive
to provide trenching and bedding recommendations for the proposed pipeline.
Group Delta will observe and measure the depth of existing asphalt concrete (AC)
pavement, aggregate base (if present), and collect samples to evaluate the
pavement engineering properties of the site subgrade soils. It is estimated this will
require one (1) extended day of exploratory borings using proper traffic control
measures following the MUTCD, in coordination with City staff, to minimize impacts
to daytime traffic flows.
Bulk samples of the subgrade will be obtained below pavement sections. In-situ
drive samples will be then collected at depths of five (5) feet below ground surface.
Groundwater is not anticipated in the shallow borings based on our experience in
this area but will be measured and recorded if encountered. Borings will be
backfilled with tamped soil cuttings and will be patched with rapid set concrete.
The rapid set concrete will be dyed black to match the existing pavement.
Our laboratory -testing program will be aimed at evaluating the index and pavement
design properties of the site soils. The exact scope of the laboratory program will
depend on the soil conditions encountered during our field exploration. However,
for planning purposes, Consultant has considered the following types of tests:
• Moisture/Density (ASTM D2937);
• Grain Size (Sieve Analysis) (ASTM D422);
• Atterberg Limits (ASTM D4318);
• R -Value (CT -301); and
• Corrosion (sulfate, chloride, resistivity, and pH).
A Falling Weight Deflectometer (FWD) and Ground Penetrator Radar (GPR)
testing shall be performed to evaluate existing pavement conditions using Caltrans
methods. The FWD testing is proposed to be conducted at 250 -ft intervals on the
main travel lanes (turning lanes are not included). Each FWD test point will be geo-
referenced and they will be staggered between lanes to increase coverage of each
section. The work is assumed to be completed in one (1) day and consist of
approximately 202 test points. GPR testing and analysis will be performed to
Stantec Consulting Services, Inc. Page A-5 6.22
collect pavement thicknesses and types while emitting a series of radar waves to
the pavement structure while the vehicle is traveling at traffic speed. Structural
overlay for mill and overlay will be performed using Caltrans CTM 256 and
Highway Design Manual.
The results of the field, laboratory, engineering evaluations and review of the
design and construction documents shall be presented in an appropriately
illustrated report. The report shall contain a project description, site conditions,
description of the soils and a summary of the engineering properties of the soils.
The report shall include a summary of the pavement condition and Consultant shall
opine, if possible, on the cause of distress. Potential for milling near the existing
buried median will be evaluated and findings will be reported. Geotechnical
recommendations will be provided for alternative pavement structural sections
considering mill and overlay and removal and replacement including ARHM and
fiber reinforced asphalt concrete. The report shall also include recommendations
for pipe trench and backfill. Consultant shall respond to one (1) round of review
comments on the draft report and submit a final report.
6.2 Traffic Index (TI) Calculation
Consultant shall prepare separate traffic index (TI) calculations for up to three (3)
segments of Jamboree Road within the project limits. Weekday 24-hour, two-way
traffic counts, including truck and bus volumes by number of axles, will be
conducted for each segment. Consultant shall 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 Consultant can provide
multiple TI calculations for City consideration based on alternative pavement
design life.
6.3 Pavement Rehabilitation Strategy and ROM Estimate
Consultant shall prepare rough order of magnitude (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. If necessary,
Consultant can engineer the proposed pavement improvements to best fit the
City's available budget and objectives.
7. Improvement Plans
Consultant shall prepare a single improvement plan set in CADD and in accordance with
City design standards. The plans shall be submitted at 50 -percent, 90 -percent, and 100 -
percent final levels.
7.1 Title Sheet, Notes, Index Map, Typical Sections, and Details
The plan set shall include a title sheet, using City standard format, and will include
general notes, a vicinity map, and additional project specific information. The
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second sheet will show all construction and disposition notes used and the sheet
index for the plans. The plan set shall also include sheets for typical roadway
sections, standard details, and smaller scale design details for improvements such
as curb ramps and driveways. Consultant shall include these design details in the
plan set, if required, to provide additional information to the Contractor.
7.2 Roadway Plan and Profile Sheets (1" = 40')
Roadway plan and profile sheets shall be prepared using a 1" = 40' horizontal scale
and a 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;
• Existing utilities and utility adjustments/relocations; and
• New turf in the existing medians.
If determined by City, Consultant shall reconstruct the existing median curbs
between Back Bay Drive and San Joaquin Hills Road to raise the curb heights.
This will require filling existing median with engineering fill / topsoil, reconstructing
the safety strips, replanting the turf, and modifying the irrigation system to
accommodate the raised finished surface. For the landscape and irrigation
improvements in these medians, Consultant assumes the following:
• Existing stamped concrete areas will be maintained;
The existing irrigation systems in these medians are currently designed
for turf. Other than the irrigation piping that may need to be upsized as
part of Task 7.4, the only other modifications that may be required to
the existing irrigation system will be to adjust the sprinkler heads and
reconstruct "in kind" any portion of the irrigation system impacted by
the construction of the new curb and safety strip improvements;
• The new turf will be shown on roadway improvement plans;
Other than the irrigation piping that may need to be upsized as part of
Task 7.4, modifications to the existing irrigation system will be
addressed with notes on the roadway plans; and
• Separate landscape and irrigation plans are not included.
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Consultant assumes that non-compliant 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.
Finally, the roadway plans will also include all horizontal and vertical control
required to stake and construct the new improvements.
7.3 Signing and Striping Sheets (1" = 40')
The signing and striping plans will include signing, striping, pavement markings,
red curb, and signal loop detector replacements for Jamboree Road 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 existing roadway striping and pavement markings and will
include the removal of any conflicting existing striping and pavement markings not
obliterated by pavement rehabilitation. Traffic signs will be replaced or upgraded,
if necessary. The traffic sign work will be based on an inventory of existing signs
and an assessment of new project signage requirements. Where appropriate,
existing signs within the project limits may be upgraded to meet current California
Manual on Uniform Traffic Control (CA MUTCD) requirements. The signing and
striping plans will also include repainting of existing red curb markings, as required,
and replacement of impacted traffic signal loops.
7.4 Pipeline Improvement Plans
After approval of the Technical Memorandum (Task 3.4) and prior to final design,
Consultant shall meet with the City to discuss final design requirements,
assumptions, and standards. Consultant shall use the base map prepared for the
road improvements to add the new recycled water supply line to the point of
connection to the irrigation system. Because the GAP line crossing Jamboree
Road is an encased pipe, the connection point will be approximately at the 90 -
degree bend at the westerly intersection of Santa Barbara and Jamboree Road. A
new recycled water irrigation meter will be located at the median connection point.
Pipeline specific general notes will be added to the road improvement notes sheet.
One plan and profile drawing will be prepared at 1" = 40' horizontal and 1" = 4'
vertical scale along the recycled water supply line alignment. The supply line length
is estimated to be approximately 500'. The design also includes approximately
1,200' of irrigation piping that may need to be upsized due to the change in the
irrigation supply source. This will be confirmed during the conceptual design and if
required, will be shown in plan view.
Design will include City standard trench details, connection details at the GAP
pipeline and the irrigation system point of connection, and irrigation standard
details. Consultant has also assumed an above ground emergency potable water
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connection will be included at the existing irrigation supply connection with
appropriate details meeting DDW requirements.
This scope assumes that potholing and irrigation pumping will not be required.
8. Roadway Design Sections
Consultant shall 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
Consultant 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.
9. Special Provisions
Well-written special provisions reduce the potential for change orders during construction.
Consultant shall prepare the project provisions based on City supplied boilerplate and the
2015 edition of the Standard Specifications for Public Works Construction (SSPWC). The
Caltrans Standard Specifications will also be referenced for the striping and signing
improvements.
Consultant's staff shall thoroughly review and modify City boilerplate and all relevant
sections of the SSPWC to help ensure that the special provisions do not conflict with the
improvement plans and convey the design intent of our engineers. The special provisions
will be coordinated with our Pavement Report and they will identify all general phasing
and traffic control measures required to be implemented by the contractor to reduce
impacts to adjacent properties during construction. Pipeline and irrigation specifications
will also be included. The special provisions will identify all permits and coordination
efforts the contractor is responsible for during construction. This includes 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.
The special provisions will be submitted at 90 -percent and 100% -percent final levels.
10. Engineer's 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's important to include all
required work items the contractor needs to complete as part of the project and that the
quantities for these work items are correct. Accurate quantities and unit costs are also
important for City to understand overall project costs, and to determine if the available
budget requires value engineering.
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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 shall establish unit
costs using recently bid projects. The quantities will be continuously updated with each
plan revision and an updated cost estimate will be provided with all submittals to provide
City with accurate project costs throughout the design.
The engineer's estimate will be submitted at 50 -percent, 90 -percent, and 100 -percent
final levels.
11. Agency Permitting
During final design, Consultant shall coordinate with the RWQCB and DDW to permit
recycled water use along the median. Caltrans coordination or permits are not included.
Consultant assumes up to 32 hours for permit coordination.
12. Construction Support Services
Consultant shall support City 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, Consultant shall 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 submittal
reviews. All clarifications shall be subject to the City's construction manager's approval.
Consultant assumes up to 60 hours for this task.
13. As -Built Drawings
Preparing accurate as -built drawings is important for City's future generations. Consultant
shall prepare as -built drawings for the project using City preferred format. They will be
based on redlines provided by City inspector and/or Contractor and will be supplemented
with our own revisions noted during construction. Consultant shall provide City a PDF of
the as -built drawings with the final submittal.
Exclusions
The following services are not included in this Scope:
• Separate Landscape and Irrigation Plans;
• Traffic Control and Construction Phasing Plans;
• Structural Engineering;
• Traffic Signal Modifications (Loop Replacements Included);
• Utility Locating (Potholing);
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Caltrans Coordination or Permits;
• Drainage, Water Quality, and Environment Reports or Permits; and
Engineering Report for the Use of Recycled Water.
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EXHIBIT B
SCHEDULE OF BILLING RATES
.. Classification
Billing Level
3
Hourly Rate
$98.00
Junior Level Position
4
$108.00
5
$123.00
Fully Qualified
Professional Position
6
$127.00
7
$132.00
8
$143.00
First Level Supervisor of
first complete Level of
Specialization
9
$149.00
10
$154.00
11
$165.00
Highly Specialized
Technical Professional
of Supervisor of groups
of professionals
12
$174.00
13
$183.00
14
$192.00
Senior Level Consultant
or Management
15
$204.00
16
$225.00
17
$232.00
Senior Level
Management under
review by Vice President
or higher
18
$239.00
19
$248.00
20
$258.00
21
$274.00
Total Not -To -Exceed: $298,764.00
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RegularCrew Size
Survey
1 -Person $185.00 $225.00
Crews
2 -Person $275.00 $380.00
3 -Person $375.00 $510.00
Total Not -To -Exceed: $298,764.00
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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 City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
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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
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fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
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G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
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