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HomeMy WebLinkAbout10 - PSA for the Arterial Pavement Rehabilitation Project (Project Nos. 23R15, 25R11 and 25R15) (Contract No. 8895-3)Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report November 12, 2024 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Andy Tran, Principal Civil Engineer - 949-644-3315, atran@newportbeachca.gov TITLE: Approval of Professional Services Agreement with Stantec Consulting Services, Inc. for the Arterial Pavement Rehabilitation Project (Project Nos. 23R15, 25R11 and 25R15) (Contract No. 8895-3) ABSTRACT: As part of the City of Newport Beach's Pavement Management Plan, Von Karman Avenue, Bristol Street North and Spyglass Hill Road are scheduled for rehabilitation in Fiscal Year 2025-26. Staff requests City Council approval to enter into a professional services agreement with Stantec Consulting Services, Inc. of Irvine, to prepare the necessary construction documents. RECOMMENDATIONS: 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. for Arterial Street Rehabilitation Engineering Design Services for a total not -to -exceed amount of $369,973, and authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: As part of the City's Pavement Management Plan, Von Karman Avenue from MacArthur Boulevard to Campus Drive (Project No. 23R15), Bristol Street North from Campus Drive to Jamboree Road (Project No. 25R11), and Spyglass Hill Road from San Joaquin Hills Road to San Miguel Drive (Project No. 25R15) are all scheduled for rehabilitation in FY 2025-26 (see location maps provided in Attachment A). To save time and possibly construction costs due to economy of scale, construction of these three street rehabilitation projects will be combined into one bid package, collectively known as the Arterial Pavement Rehabilitation project. Construction documents for Von Karman Avenue were previously prepared by another engineering consultant; however, due to strategic prioritization and scheduling of other paving projects, the project has yet to be advertised and constructed. 10-1 Approval of Professional Services Agreement with Stantec Consulting Services, Inc. for the Arterial Pavement Rehabilitation Project November 12, 2024 Page 2 Proposed improvements involve grinding and overlaying the existing asphalt pavement with rubberized asphalt concrete pavement; repairing localized areas of pavement failure; replacing deteriorated concrete curbs, median curbs, gutters, sidewalks, driveway approaches, and access ramps; modifying and installing street signs and pavement striping; adjusting utilities to grade; and performing other incidental items of work as required. Landscape improvements will also be included on Spyglass Hill Road. Earlier this year, staff requested and received proposals from four consulting firms to provide professional engineering services for the MacArthur Boulevard (Jamboree Road to Campus Drive) Pavement Rehabilitation project (Project No. 24R13). The design scope of work for the MacArthur Boulevard Pavement Rehabilitation project is very similar to the Arterial Pavement Rehabilitation project. The proposals were reviewed by a three -person technical panel and the scoring for the proposals is as follows: PROPOSER TOTAL SCORE Out of 300 OVERALL RANK David Evans and Associates, Inc. 284 1 Stantec Consulting Services, Inc. 274 2 Psomas 250 3 Tait & Associates, Inc. 240 4 On May 14, 2024, the City entered into a professional services agreement with David Evans and Associates, Inc. (DEA) to prepare the construction documents for the MacArthur Boulevard Pavement Rehabilitation project. This design effort is currently underway. As shown in the above table, DEA and Stantec Consulting Services, Inc. (Stantec) were closely ranked as the top two firms, scoring within 10 points of each other. Both DEA and Stantec demonstrated the expertise and experience needed to complete construction documents for pavement rehabilitation projects. Both firms have successfully completed similar projects for other local agencies as well as for the City. Given that the MacArthur Boulevard and the Arterial Pavement Rehabilitation projects are very similar in scope, staff requested a proposal from Stantec for the Arterial Pavement Rehabilitation project. Stantec's proposal reconfirmed the firm's expertise and ability to successfully complete construction documents for pavement rehabilitation projects. Staff recommends approving a professional services agreement with Stantec to complete the final design efforts for the Arterial Pavement Rehabilitation project. The proposed Scope of Work includes research and data collection, utility coordination, design surveying, signing and striping inventory, base mapping, geotechnical testing and preparation of a pavement report, preparation of final construction documents including engineering plans, specifications and a cost estimate. Construction is tentatively planned for fall of 2025. 10-2 Approval of Professional Services Agreement with Stantec Consulting Services, Inc. for the Arterial Pavement Rehabilitation Project November 12, 2024 Page 3 FISCAL IMPACT: The Capital Improvement Program (CIP) budget includes sufficient funding for this service. It will be expensed to the following CIP accounts in the Public Works Department. Account Description Account Number Amount Gas Tax 12101-980000-23R15 $ 21,973 SB1 RMRA 12601-980000-25R11 $170,000 SB1 RMRA 12601-980000-25R15 $178,000 Total $369,973 Gas Tax revenue is received through state -imposed taxes on fuel and motor vehicle registration dedicated to transportation purposes. SB1 Road Maintenance & Rehabilitation Account (RMRA) revenues are state fuel and vehicle registrations taxes imposed by the Road Repair and Accountability Act of 2017. 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 Maps Attachment B — Professional Services Agreement 10-3 ATTACHMENT A.1 LIMITS OF WORK - y SCALE: 1 " 500' 500 1000 1500 VON KARMAN AVE FROM CAMPUS DR TO MACARTHUR BLVD LOCATION MAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C-8895-3L23 R 15 11 / 12/24 10-4 ATTACHMENT A.2 LIMITS OF WORVKT,4f4 74% "J/7; SCALE: 1 .0 •• 1000 1500 BRISTOL ST NORTH FROM CAMPUS DR TO JAMBOREE RD CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LOCATION MAP C-8895-3 25R11 11/12/24 10-5 ATTACHMENT A.3 P" t;l Spy` �SS X O D 0 SPYGLASS HILL RD FROM SAN MIGUEL DR TO SAN JOAQUIN HILLS RD CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LOCATION MAP C-8895-3 251R15 11/12/24 10-6 ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES INC FOR ARTERIAL STREET REHABILITATION ENGINEERING DESIGN SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 12th day of November, 2024 ("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 410 17th Street Suite 1400, Denver, CO 80202, 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 engineering design services for street rehabilitation improvements along the following three (3) streets: 1. Spyglass Hill Road from San Miguel Drive to San Joaquin Hills Road (approximately 6,000 LF); 2. Bristol Street North from Campus Drive to Jamboree Road (approximately 4,000 LF), and; 3. Von Karmen Avenue from MacArthur Boulevard to Campus Drive ("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: TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on December 31, 2027, 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. 10-7 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand -delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Three Hundred Sixty Nine Thousand Nine Hundred Seventy Three Dollars and 00/100 ($369,973.00), 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 M: 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Jeff Wilkerson to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works. City's Director of Public Works or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably Stantec Consulting Services Inc Page 3 10-9 competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees and any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (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. Stantec Consulting Services Inc Page 4 10-10 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 wdtten approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any Stantec Consulting Services Inc Page 5 10-11 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. 17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses Stantec Consulting Services Inc Page 6 10-12 arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. 17.4 All improvement and/or construction plans shall be plotted on standard twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30) days after finalization of the Project. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Stantec Consulting Services Inc Page 7 10-13 Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third Stantec Consulting Services Inc Page 8 10-14 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 Newport Beach, CA 92660 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 300-10220 103 Avenue NW Edmonton, AB T5J OK4, Canada 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Stantec Consulting Services Inc Page 9 10-15 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. STANDARD PROVISIONS 29.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 29.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 29.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 29.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 29.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 29.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Stantec Consulting Services Inc Page 10 10-16 29.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 29.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 29.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Stantec Consulting Services Inc Page 11 10-17 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: Aar n C. Harps City Attorney ATTEST: Date: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Will O'Neill Mayor CONSULTANT: STANTEC CONSULTING SERVICES INC., a New York Corporation Date: By: Mohammad Heiat Principal Date: By: David Elwell Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B -- Schedule of Billing Rates Exhibit C — Insurance Requirements Stantec Consulting Services Inc Page '12 10-18 EXHIBIT A SCOPE OF SERVICES Stantec Consulting Services Inc Page A-1 10-19 Referenoe: Spy Glass Hill Road from San Miguel Drive to San Joaquin Hills Road, Bristol Street North from Campus Dmre to Jamboree Road, and Von Karmen Avenue from MacArthur Blvd. to Campus Drive Pavement Rehabilitation Exhibit A - Scope of Services Task A - Research, Data Collection, and Field Visits We will research and obtain available preliminary engineering reports, record drawings, assessor's parcel maps, right-of-way maps, street centerline ties, and utility maps for both project sites. This includes researching available documents on the City's GIS system and reviewing information obtained from the utility company coordination. As part of this task, we will also perform field reviews of the sites to evaluate the following: • Condition of the existing roadway improvements; • Location of any damaged, raised, or sunken curbs, gutters, sidewalks, and other concrete improvements within the public right-of-way that need to be constructed, repaired, or brought up to current ADA standards; • Locations of local pavement repairs and drainage deficiencies; • Type and condition of existing signage; and, • Any additional noteworthy features. Prior to the field review, we will coordinate with you to determine the extent of repairs and ADA improvements you are planning for this project. During the field walk, we will take digital photos and document the location of all potential repair locations and any other issues requiring special attention. Task B — Utility Coordination Thorough utility coordination is essential for the success of these important roadway improvements. Based on previous projects, we assume that you will distribute the first utility request notices to utility companies in the project area and will forward us the utility contacts and any utility maps or atlases received. The information received will be organized in a utility coordination matrix that will be updated throughout the project. We will coordinate with the respective utility companies to confirm ownership, location and depth of facilities, and resolve any conflicts with the new improvements. Finally, we will determine any utility facilities that may interfere with proposed construction and coordinate the relocation or adjustment of all utilities impacted by the new construction. We anticipate distributing three additional notices to the utility companies for this project. The initial notice will include the 50-percent improvement plans, which will show the location of all known utilities and any required utility relocations or adjustments. We will ask the utility companies to confirm the location of their existing facilities and identify any missing facilities or improvements that are currently being planned. We will confirm the number of utility adjustments with each utility company and any specific design details required. We will also coordinate all utility relocations along with any required work windows or whether utility company will have the City's Contractor perform the required work. Comments received will be incorporated into the 90-percent and 100-percent final plans and we will distribute utility notices for each submittal for review. We will then obtain written confirmation from each utility company that all comments have been addressed and the plans are acceptable. Task C — Desicin Surveying Our surveyors will establish horizontal and vertical survey control and perform a design survey to document the existing site topography and planimetrics within the area of proposed improvements. The survey limits will include both Spyglass Hill Road from San Miguel Drive to San Joaquin Hills Road (+/- 6,000 LF) and Bristol Street North from Campus Drive to Jamboree Road (+/- 4,000 LF), and they will extend approximately 50-feet in all directions beyond the limits of work at all intersections. The design survey will include cross sections at 25-foot intervals for Spyglass Hill Drive and 50-foot intervals for Bristol Street North, and they will locate visible surface improvements and surface utilities within the survey limits (typically back of sidewalk to back of sidewalk). 10-20 Reference: Spy Glass Hill Road from San ftel Drive to San Joaquln Hills Road, Bristol Street North from Campus Drive to Jamboree Road, and Von Karmen Avenue from MacArthur Blvd. to Campus Drive Pavement Rehabilitation As part of the design survey, we will observe monuments to retrace the centerlines and rights -of -way of Spyglass Hill Road and Bristol Street North within the project limits. The results will be incorporated into the base map illustrating existing right-of-way conditions. This will not be a full and complete boundary survey of the adjacent land parcels and the right-of-way lines will be approximate; based on a combination of found survey monuments, record survey drawings, as -built plans, and City GIS data. Survey monuments located and indicated on the survey will be limited to primary controlling centerline monuments found along Spyglass Hill Road and Bristol Street North. Existing monumentation will be shown the improvement plans, where found. However, we assume that Corner Records will be filed by the Contractor's surveyor as required by the Special Provisions. Based on our discussion with the City, we assume that all areas surveyed are outside Caltrans right-of-way, so a Caltrans Encroachment Permit is not required. Task D — Signing and Stripina Inventory We will conduct a field inventory of the existing signing and striping for both sites. This inventory will include documenting (with photos and field measurements) the existing striping, pavement markings, and signs. The size and condition of the existing signs will also be documented, and any missing signs will be noted. This information will be combined with the existing topography and utility bases to create a 30-Percent Base Map plan as part of Task F - Base Mapping. Task E — Pavement Report GMU will perform the field work, laboratory testing, and pavement engineering analysis required to prepare a Pavement Report for Spyglass Hill Road and Bristol Street North. ROM estimates will also be provided for the various pavement repair and rehabilitation recommendations outlined in the Pavement Report. As requested by the City, we have included Deflection Testing and Analysis and Ground Penetrating Radar Testing and Analysis for both streets as Optional Tasks. EA Calculation of Traffic Index (TI) We will prepare separate traffic index (TI) calculations for up to five (5) segments of Spyglass Hill Road and three (3) segments of Bristol Street North. Weekday 24-hour, two-way traffic counts, including truck and bus volumes by number of axles, will be conducted for each segment. We will use this data for each subject roadway segment to determine an appropriate design life TI based on Caltrans equivalent single axle load (ESAL) factors for each large vehicle type. The pavement design life will be confirmed with the City and/ or we can provide multiple TI calculations for your consideration based on alternative pavement design life. E.2 Pavement Engineering Document Review, Dig Alert Coordination. and Encroachment Permit GMU will perform a document review of available existing as -built drawings and past geotechnical/pavement reports. The information gathered from this review will be considered in the analysis (i.e., existing pavement section thicknesses, date of last pavement improvement work, etc.). Pavement coring locations will be painted on the pavement surface and Dig Alert (Underground Service Alert) will be notified to assess potential conflict with known underground utilities prior to performing pavement corings. GMU will apply and obtain a no -fee encroachment permit from the City of Newport Beach prior to proceeding with the field exploration tasks. Subsurface Exploration GMU will perform a total of ten (10) to twelve (12) pavement corings distributed throughout the two street segments. Their budget assumes two (2) days of pavement coring, scheduled between the hours of 8 am and 5 pm (no night work). The subsurface exploration will be performed to a maximum depth of four feet (4) below the top of the existing asphalt surface using an electric -powered core drill. Sampling and digging below the AC section will be performed using hand tools. The thickness of the existing asphalt concrete (AC) and aggregate base 10-21 Reference: Spy Glass Hl[I Road from San Miguel Drive to San Joaquin Hills Road, Bristol Street North from Campus Drive to Jamboree Road, and Von Karmen Avenue from MacArthur Blvd. to Campus Drive Pavement Rehabilitation (AB), if present, will be recorded. Paving fabric will be documented, if encountered. Underlying PCC or Macadam, if encountered, will be recorded. Bulk samples of the subgrade soil will be collected. Upon completion of the sampling, the core hole will be backfilled with soil cuttings or other suitable backfill materials and capped with Perma Patch. Traffic control will consist of single -lane closures, performed in accordance with the WATCH Manual. Cones and arrow boards will be used to redirect vehicles around their work zone. We have assumed that a Caltrans encroachment permit or stand-alone traffic control plans, stamped and signed by a traffic engineer, will not be required. Laboratory Testing GMU will perform laboratory testing of the samples collected from the pavement corings in their in-house Caltrans-certified pavement- and soil -materials laboratory. Testing may include the following: • R-value testing • Maximum density and optimum moisture content • Laboratory soil classification (Atterberg Limits and Percent Passing No. 200 Sieve) • In -place moisture content • Sulfate content (to evaluate compatibility of in -place soils with cement treatment) The exact type and quantity of tests will be dependent on the conditions encountered. Laboratory tests to develop mix design recommendations (i.e., cold or hot in -place recycled AC, full -depth reclamation with cement treatment, etc.) are not included in the proposed laboratory testing program. Pavement Engineering Analysis Pavement engineering analysis will be performed in general accordance with the Caltrans Highway Design Manual, 6th Edition. Caltrans AC design methodology consists of two primary design procedures. For complete reconstruction strategies (or patches), Caltrans and Orange County Highway Design Manual methodology considers the relationship between the traffic index (TI), subgrade soil strength (through R- value testing), and the gravel factors of the various pavement layers, to allow GMU to calculate the required replacement pavement thicknesses. For rehabilitation strategies such as mill and overlay, Caltrans methodology considers the deflection testing's readings and compares it to "tolerable" deflections to assess structural adequacy. Variables such as the in -place AC pavement thickness and design traffic index are factored into the analysis to determine the required mill -and -overlay thickness to achieve structural adequacy. Without deflection testing data which is an optional task, GMU can still provide mill -and -overlay thickness recommendations by comparing the existing pavement section thicknesses against the thicknesses typically derived for new pavement. Identification of Isolated AC Repair Locations A GMU Pavement Engineer will identify isolated AC repair locations (patches) in collaboration with Stantec staff, based on a combination of factors such as: • Type and severity of the pavement surface distress type (i.e., medium- or high -severity load -related distresses such as alligator cracking or depressions) • Coring data (i.e., areas with inadequately thick in -place pavement) • Deflection testing data (i.e., areas with exceedingly high deflection measurements), if available • GPR data (i.e., areas with inadequately thick in -place pavement), if available • Laboratory data (i.e., areas with high subgrade moisture content) 10-22 Reference: Spy Glass Hill Road from San Miguel Drive to San Joaquin Hills Road, Bristol Street North from Campus Drive to Jamboree Road, and Von Karmen Avenue from MacArthur Blvd. to Campus Drive Pavement Rehabilitation Pavement Evaluation Report GMU will summarize their work, findings, conclusions, and recommendations into a single report. The report will include the following information: • Summary of information gathered from the document review, if any; • Project location and project limits map; • Subsurface exploration (coring) location map; • Pavement coring information summary table (asphalt concrete thickness, fabric, aggregate base thickness, subgrade soil type, underlying PCC, etc.); • Select photographs of the pavement surface condition; • Falling -weight deflectometer data map (similar to Figure 2), if elected; • Ground -penetrating radar data map, if elected (similar to Figure 3); • Laboratory testing results; • Maps showing approximate locations and dimensions of the recommended localized AC repair (PDF, AutoCAD, or ArcGIS formats); and • Pavement rehabilitation strategy recommendations, including thickness recommendations. GMU will provide two (2) pavement repair recommendations options for each street. GMU possesses extensive experience in developing cost-effective pavement repair alternatives, including the following: • Localized AC repairs (patches) followed by mill -and -overlay repair using conventional AC or rubberized AC pavement; • Fiber -reinforced asphalt concrete (FRAC) to improve reflective cracking resistance and/or reduce required AC thickness; • Rubberized hot -mix asphalt (RHMA or ARHM overlays); • Geogrid/geotextiles to reduce required aggregate base thickness or to stabilize subgrade conditions; and more. The tasks described above and our experience in the design and construction of these strategies allow us to recommend cost-effective pavement repair strategies. Recommendations for cold or hot in -place recycled AC or full -depth reclamation with cement/lime treatment are excluded, since our understanding is that the City does not prefer the use of these pavement rehabilitation strategies. The final report will be signed and stamped by a California -registered civil engineer. E.3 Pavement Rehabilitation Strategy and Rough Order of Magnitude (ROM) Estimate We will prepare ROM estimates for our recommended pavement repair and rehabilitation recommendations outlined in the Pavement Report and the other project improvements such as new curb ramps, driveways and the proposed landscaping and irrigation improvements. The ROM estimate will be compared to the City's available budget to help select the Preferred Pavement Rehabilitation Strategy for each road. If necessary, we can value engineer the proposed improvements to best fit the City's available budget and objectives. Task F — Base Mapping We will download and compile the field survey data to create a 30-Percent Base Map plan which will be verified during our field walk. The plan will include: • Surface features (curb, gutter, pavement, sidewalk, curb ramps, driveways, trees) • Visible surface utilities (manholes, water valves, fire hydrants, catch basins, utility boxes, utility poles, overhead utilities, guy wires, vaults) • Mapping information (centerlines, right-of-way lines, and property lines) In addition, the base map will include an existing utility base drawing which will show all known underground utility lines within the project limits. Existing utilities will be plotted based on the record drawings and atlases received from the utility companies and any utility information found in record 10-23 Reference: Spy Glass Hill Road from San Miguel Drive to San Joaquin Hills Road, Brfstol Street North from Campus Drive to Jamboree Road, and Von Karmen Avenue from MacArthur Blvd. to Campus Drive Pavement Rehabilitation drawings during our research. Their locations will be cross checked against the surface utilities found during our field review to confirm they are shown in the most accurate location possible. Finally, the 30-Percent Base Map plan will show the following traffic related items: • Existing striping configuration, existing pavement marking locations, existing lane widths, and existing sign locations (type and orientation). • Recommended signage improvements necessary to meet current CA MUTCD requirements and locations of existing signs in poor condition which should be replaced. • Existing traffic signal loop detectors and whether any advanced loop detectors need to be relocated to meet the current posted speed limit. We will incorporate any plan check comments received from the City on the 30-Percent Base Map into the improvement plans. Task G — Construction Documents After completing the preliminary engineering efforts, selection of the Preferred Pavement Rehabilitation Strategy on both streets and receiving plan check comments on the 30-Percent Base Map, we will prepare the following plans and supporting documents. We will submit the plans, engineer's estimate, and design sections with each submittal, and the special provisions with the 90-percent and 100-percent final design submittals. GA Plans We will prepare a single plan set containing both sites. The plans will be in AutoCAD Civil 3D and in accordance with your design standards. G.1.1 Title Sheet, Notes, Typical Sections, and Details The plan set will include a title sheet, using your standard format, with general notes, a vicinity map, and additional project specific information. The second sheet will show all construction and disposition notes used and the sheet index for the plans. The plan set will also include sheets for typical roadway sections, standard details, and smaller scale design details for improvements such as non-standard curb ramps (approximately 18) and commercial driveways (approximately 9). We will include these design details in the plan set, as necessary, to provide additional information to the Contractor. G.1.2 Roadway Plan and Profile Sheets (V = 401 Roadway plan and profile sheets will be prepared using a 1" = 40' horizontal scale and 1" = 4' vertical scale. Each sheet will contain a north arrow, scale, match lines, and construction and disposition notes for all improvements shown on the sheet. The profile views will show the existing and proposed profiles for any crown lines and the tops of curb or edges of pavement. The roadway improvements will include removals; pavement rehabilitation improvements; locations for new and reconstructed curbs, gutters, sidewalks, driveways, and curb ramps; and existing utilities and utility adjustments/relocations. Additionally, the plans will include a new raised median at the Spyglass Hill Road and Harbor Ridge Drive intersection to replace the existing delineators, and the installation of a subdrain (and potentially a retaining curb) along the eastern side of Spyglass Hill Road between Port Harwick Place and Harbor Ridge Drive to help mitigate soil from sloughing off the slope to the sidewalk. Please refer to Attachment 'A'. The plans will clearly show the City right-of-way lines and the construction notes will reference the appropriate City standard plan. The Standard Plans for Public Work Construction (SPPWC) and the Caltrans Standard Plans will be used to supplement the City standard plans. The roadway plans will also include all horizontal and vertical control required to stake and construction the new improvements. 10-24 Reference: Spy Glass Hal Road from San Miguel Drive tD San Joaquin Hiils Road, Bristol Street North from Campus Drive to Jamboree Road, and Von Karmen Avenue from MacArthur Blvd. to Campus Drive Pavement Rehabilitation G.1.3 Roadway Design Sections (Separate Plan Set) We will build a three-dimensional model of the existing and new roadway improvements in Civil 3D and plot design sections from this model. The design sections will show the existing surface, proposed surface, proposed pavement section thicknesses, the existing and proposed top of curb and/or pavement elevations, and the existing and proposed cross slopes. The design sections will help us identify and correct typical roadway design issues, such as flat or excessively steep cross slopes, proper pavement transitions, and areas where we may be significantly reducing the cover over existing utilities. Since the design sections will be linked to the design model, they will consistently be up to date. GJ A Signing and Striping Sheets (1" = 40') The signing and striping plans will include signing, striping, pavement markings, painted curb, and traffic signal loop detector replacements for Spyglass Hill Road and Bristol Street North and intersecting side streets, as required, within the project limits. The plans will be prepared at 1" = 40' scale, "double stacked" with two horizontal layout strips placed on each plan. The plans will reinstall or modify existing roadway striping and pavement markings based on markups of the 30-percent Base Map by City staff. The plans will also include the removal of any conflicting existing striping and pavement markings not obliterated by pavement rehabilitation. The traffic sign work will be based on information gathered during the Signing and Striping Inventory. Where appropriate, existing signs within the project limits may be upgraded and new signs may be proposed to meet current California Manual on Uniform Traffic Control Devices (CA MUTCD) requirements. Sign details will be prepared for all new custom or modified signs. The signing and striping plans will also include repainting of existing painted curb markings, as required, and replacement of impacted traffic signal loop detectors. G.1.5 Irrigation and Planting Plans 0" = 20') Our understanding is that the City would like to replace two lawn areas along Spyglass Hill Road with a low water -use plant palette to match the existing landscaping from Harbor Ridge to El Capitan. Additionally, the new median being constructed at Harbor Ridge Drive will also be planted with the same low water -use plant palette. We assume that all other landscaping and irrigation repairs required for the new improvements will be handled with a construction note on the street improvement plans to match "in kind". Based on this assumption, we will prepare Irrigation and Planting Plans at a 1" = 20' scale for the new landscape areas shown in Attachment 'A'. The Irrigation Plans will include an irrigation schedule that will break down the construction elements by type, manufacture, model, size, count and associated details. They will also be accompanied with special notes and calculations to conform to local and state regulations (MWELO). The Planting Plans will show graphically the plants to be used on the project as well as a schedule that will include the plant symbol, name (scientific /common), container size, special notes if any, count and associated details. The scope does not include a separate, colored landscape concept plan since we will be matching the existing plant palette of the area. See additional assumptions below: • The existing irrigation system will not be modeled or shown on the plans The newly designed irrigation system will be modeled based on assumptions and data provided by the City. We assume that a field visit with City staff will be required to provide the location of key appurtenances of the existing irrigation system. • The three (3) new landscape areas will be provided with drip irrigation systems and the installation of a new water meter or a new irrigation controller is not required. • Both areas to be transitioned from lawn to shrubs will be irrigated using existing improvements upstream of, and including, the existing individual control valves. • If possible, we will repurpose an existing control valve for the proposed raised landscape median. However, if this is not possible, then an additional valve and control wires to the existing controller 10-25 Reference: Spy Gins Hill Road from San Miguel Drive to San Joaquin Hills Road, Bristol Street North from Campus Drive to Jamboree Road, and Von Karmen Avenue from MacArthur Blvd. to Campus Drive Pavement Rehabilitation will be necessary. If this is the case, the connection of the wires to the existing irrigation controller will be addressed with construction notes only. If an additional valve is required, then we assume that the existing controller has the capacity to accept it. • Since we are replacing existing lawn with lower water -use plants, we assume that pressure calculations are not required and will not be provided. • The new planting theme/species will match those existing on the west side of Spyglass Hill Road south of Harbor Ridge Drive. In the absence of record drawings, we will do our best to match plant species and varieties, but the actual matching is not guaranteed. • We assume that trees will not be provided in the new median or the two parkway areas to maintain safe sight distances for vehicles exiting Hillsborough. • Areas are not to be maintained by any assessment district and the plan reviews will be limited to the City of Newport Beach. G.2 Special Provisions Well -written special provisions reduce the potential for change orders during construction. We will prepare the project provisions based on your supplied boilerplate and the City's current edition of the Standard Specifications for Public Works Construction (SSPWC). The Caltrans Standard Specifications will also be referenced for the signing and striping improvements. Our experienced staff will thoroughly review and modify your boilerplate and all relevant sections of the SSPWC to convey the design intent of our engineers and confirm that the special provisions do not conflict with the improvement plans. The special provisions will be well coordinated with our Pavement Report and they will identify all general phasing and traffic control measures required to be implemented by the contractor to reduce impacts to adjacent properties during construction. The special provisions will also identify all permits and coordination efforts the contractor is responsible for during construction. This includes all Caltrans encroachment permit requirements and specific utility coordination efforts required; including any specific work periods needing to be provided by the Contractor. Finally, the bid items will be listed, and the work involved in each item will be clearly described. G.3 Cost Estimate We understand the importance of a complete and accurate cost estimate. Since the cost estimate will be used as a basis for the bid schedule, it is important to include all required work items the Contractor needs to complete as part of the project and that the quantities for these work items are correct. Accurate quantities and unit costs are also important for you to understand overall project costs, and to determine if the improvements require value engineering due to the available budget. First, we determine the project bid items required based on a thorough review of the plans and special provisions. Quantities will then be calculated using our proprietary software and checked using a second calculation method. We will establish unit costs using recently bid projects and estimated inflation rates. The quantities will be continuously updated with each plan revision and an updated cost estimate will be provided with all submittals to provide you with accurate project costs throughout the design. G.4 As -Built Drawings Preparing accurate as -built drawings is important for your City's future generations. We will prepare as -built drawings for the project using your preferred format. They will be based on redlines provided by your inspector and/ or Contractor and will be supplemented with our own revisions noted during construction. We will provide you a PDF of the as -built drawings upon completion of construction. Task H— Project Management, Meetings, and Coordination Throughout the project, we will communicate our progress, assumptions, and design challenges with you. We will also coordinate with other agencies, as required and involve you in all these discussions and reviews. Project communication will include meetings, conference calls, and emails. Documenting assumptions made, and direction given during the design process is important to confirm that everyone 10-26 Reference: Spy Glass HUI Road from San Miguel Drive to San Joaquin HfUs Road, Bristol Street North from Campus Drive to Jamboree Road, and Von Kamm Avenue from MacArthur Blvd. to Campus Drive Pavement Rehabfttion agrees on what was discussed. We will diligently prepare and distribute meeting minutes or records of discussion and allow you and other attendees to review and comment on these before proceeding further on the design or other project tasks. Upon NTP, we will schedule a kick-off meeting to: • Obtain background information • Review and refine the project scope and schedule • Establish the lines of communication • Discuss the critical design issues, including, pavement strategies and criteria for concrete improvement repairs and ADA upgrades Meetings will also be held to review the 30-percent, 50-percent, 90-percent, and 100-percent submittal packages and up to six (6) additional meetings throughout the design phase. We will develop a comprehensive and specific project work plan and quality control plan, and the project schedule will be updated monthly. In person meetings, conference calls, and emails are a few of the way we maintain communication and continuous collaboration with you throughout the project phases. Task I — Incorporate Von Karmen Avenue Rehabilitation Bid Documents Into Bid Package Our understanding is that the plans and estimate have already been prepared by another Consultant for the improvements along Von Karmen Avenue. For this task, we assume Stantec's scope for this street will only be to incorporate the bid documents into the Special Provisions. For the purpose of this proposal, we have assumed up to 24 hours for this task to: • Coordinate the with Consultant • Confirm all required work items are incorporated into the Special Provisions • Prepare a separate bid schedule for this work and confirm the bid item descriptions Task J — Caltrans Encroachment Permit for Traffic Control Implementation We will process an encroachment permit through Caltrans District 12 to temporarily close the westbound SR 73 off -ramp at Birch Street during construction. We will prepare and submit, on behalf of the City, a standard encroachment permit application which indicates that the "Proposed Traffic Control Plans and Method" will be per the relevant "State Standard Plans (T-Sheets)" and no stand-alone traffic control plans will be required. We have provided stand-alone traffic control plans as an optional task if Caltrans requires them. We assume that that no physical construction will occur within Caltrans right-of-way, so a Water Pollution Control Program (WPCP) or Design Standard Decision Document (DSDD) are not required. The project encroachment permit application will be submitted to Caltrans as soon as project development allows, and we assume that the City will be exempt from any permit application fees. We assume that a Caltrans encroachment permit is not required for our field surveying or geotechnical field work. Task K — Construction Support Services We will support you during the project bid period, including responding to questions from prospective bidders and preparing bid addenda to the plans and special provisions, as necessary. During the project construction phase, we will attend the pre -construction meeting, job walk, and periodic job site meetings, as required. We can clarify design -related issues during construction, including responding to RFIs and shop drawing / submittal reviews. All clarifications will be subject to your construction manager's approval. For the purpose of this proposal, we assumed up to 40 hours for this task. 10-27 Reference: Spy Gies Hill Road from San Miguel Drive to San Joaquin Hills Road, Bristol Street North from Campus Drive to Jamboree Road, and Von Karmen Avenue from MacArthur Blvd. to Campus Drive Pavement RehabMt tion Task L - Optional Tasks L.1 Deflection Testing and Analysis To evaluate if the pavement can be milled -and -overlaid and achieve the desired structural design life, GMU will perform non-destructive pavement deflection testing in accordance with California Test 356. Deflection testing involves applying an impact load (simulating truck traffic) and measuring the corresponding deflection response. Generally, lower deflection readings indicate a stronger pavement section whereas higher deflection measurements indicate a weaker pavement section. Information derived from deflection testing includes: • Allowing the in -place structural capacity to be analyzed and determined (whether the in -place pavement is structurally adequate or inadequate for the anticipated future traffic volume/design life). • Providing additional data that can foreshadow potential constructability challenges, such as whether or not the milled AC surface will be able to support construction loading. • Identifying potential weak areas that visual surface inspection cannot. • Compared to pavement repair recommendations derived primarily from coring data and subgrade R-value tests, performing deflection testing and analysis of deflection data often allows more cost- effective pavement repair recommendations to be developed. We propose to perform deflection testing at 1 00-to-1 50-foot intervals. Each deflection test point will be geo- referenced using a Global Position System (GPS). The tests will be staggered in both directions of travel to increase the coverage of each section. A single day of pavement deflection testing will be performed for both streets. Moving closure traffic control (traffic control truck with arrow boards) following behind the deflection testing equipment will be utilized. We assume that a Caltrans Encroachment Permit or stand-alone traffic control plans stamped by a traffic engineer will not be required. L.2 Ground Penetrating Radar Testing and Analysis If elected, GMU will perform non-destructive ground penetrating radar (GPR) testing and analysis to obtain continuous pavement subsurface information. Information such as presence and thickness of asphalt concrete and underlying aggregate base will be gathered from GPR data. GPR data allows for continuous measurement of pavement layer thicknesses, enabling a more precise determination of overlay recommendations. This task includes one day of GPR testing for both streets. GPR testing will be performed in each travel lane (turn lanes not included). We assume that a Caltrans Encroachment Permit or stand-alone traffic control plans stamped by a traffic engineer will not be required. L.3 Potholing Allowance Potholing may be required to confirm that there are no utility conflicts with the new subdrain along Spyglass Hill Road or if any trees are ultimately proposed (our current assumption is that no trees will be planted due to maintaining safe sight distances at Hillsborough). A budget of $8,500 has been included for one day of potholing (4 to 5 potholes), which will be utilized, if necessary, as approved in writing by the City's project manager. The potholing, which will include traffic control in accordance with the WATCH Manual, will be coordinated to minimize traffic disruption. All potholes will be done in the public right-of-way in accordance with the no fee City encroachment permit for this work. We assume that hot patch asphalt or repair of concrete improvements (sidewalk, curb & gutter) are not required and can be repaired, if necessary, as part of the street improvements. 10-28 Reference: Spy Glass HUI Road from San Miguel Drive to San Joaquin Hills Road, Bristol Street North from Campus Drive to Jamboree Road, and Von Karmen Avenue from MacArthur Blvd. to Campus Drive Pavement Rehabilitation L.4 Traffic Control Plans for Caltrans Encroachment Permit We will prepare traffic control plans to close the westbound SR 73 off -ramp at Birch Street if Caltrans requires them for the encroachment permit. The traffic control plans will be prepared at 1" = 40' scale, "double -stacked" with two horizontal layout strips placed on each plan. They will be prepared on City title block in accordance with Caltrans standards. The traffic control plans will follow the latest edition of the CA MUTCD and Caltrans guidelines and will show all temporary signs, barricades, channelizers, and any other traffic control devices as necessary to safely close the offramp. Exclusions 1. Agency Encroachment Permits (other than Caltrans) 2. Right -of -Way Engineering 3. Hydrology or Hydraulic Calculations or Reports 4. Preparation of SWPPP or Erosion Control Plans 5. Traffic Signal Modification Plans (other than loop replacements) 6. Public Outreach or Presentations 7. Environmental Documentation 8. Traffic Studies 9. Construction Phasing Plans 10. Traffic Control Plans (other than to close the SR 73 off -ramp) 11. Quality control review of the plans and estimates prepared for Von Karmen Avenue by the other consultant If requested, the Stantec Team can provide the above items subject to supplemental Client authorization and additional costs. 10-29 ATTACHMENT 'A' 10-30 EXHIBIT B SCHEDULE OF BILLING RATES Stantec Consulting Services Inc Page B-1 10-31 EXHIBIT B SCHEDULE OF BILLING RATES Spyglass Hill Road from San Miguel Drive to San Joaquin Hills Road, Bristol Street North from Campus Drive to Jamboree Road, and Von Karmen Avenue from MacArthur Blvd. to Campus Drive Pavement Rehabilitation Total Not -To -Exceed Fee: $369,973 Services shall be on a time -and -materials, not -to -exceed basis in accordance with the attached Fee Schedule. 10-32 SCHEDULE OF BILLING RATES Billing Hourly Description Level Rate Junior level position 3 $117 :1 independently carries out assignments of limited scope using standard procedures, methods, and 4 $128 techniques Assists senior staff in carrying out more advanced procedures 5 $146 U Completed work is reviewed for feasbility and soundness of }rdgment U Graduate from on oppeopriote post -secondary, program or equivalent 3 Genet . one to three ears' exogrience Fully Qualified Professional Position 6 $150 U Carries out assigrvnents requ ring general farnifatity witnin a broad field of the respective profession U Makes decisions by using a cornbirxntion of standard methods and techniques 7 $160 I] Actively participates in plonring to ensure the achievement of objectives 8 $170 U works independently to `nterp et in'ormation and resolve difficuttles U Graduate from on opwopriote post-secondory program. Mtn credenflols or equivalent G Generally, three to six years' expeience First level Supervisor or first complete level of Specialization 9 $176 ❑ Provides appiec p ofess'ional knowledge ana initiative in plonring and coordinating work programs 10 $182 Lill Adapts ostablishod guidelines as nocossary to address unusual issues ❑ Decisions accepted as technically accurate, however may on occasion be reviewed for soundness of 11 $198 judgment U Graduate from an appropriate post -secondary, program. with ciedentiols or equivalent Z) Generaly. five to trine years' oxperionca Highly Specialized Technical Professional or Supervisor of groups of professionals U Provides m0i discpline krowteoge to deliver :nnovative sotullons In related field of expertise 12 $208 U Particpates in short- and tong -range planning to ensure the achievement of objectives 13 $219 U Makes responsible decisions on all matters. Including policy recommendolions. work molhods, ornd fnanciat controls associated with large expenditures 14 $230 U Revews and evaivafos technical work U Graduate from an appropriate post -secondary program. w;th credenfcz or equivalent U Genera . ten to fifteen ears' experience w%th extensive. brood experience Senior level Consultant or Management LI Recognized as an authority in a specific foesd with qualifications of significant value 15 $244 U Provides mtAH-dist;plinp knowleag0 to deliver mnovatfvo solutions in retotod field of expertise U Independently conceives programs and problems for invesf;gatAn 16 $269 U Parlicpolm in discussions to orsure the acnievomeni of program and/or project objectives 17 $Y78 O Makes responsible decisions on experclitures, including large sums or implementation of major programs and/or projects ❑ Graduate from an appropriate post -secondary program. with credentials or equivalent U Generally. mare than two" years' experience with extensive experience Senior level Management under review by Vice President or higher 18 $284 U Recograed as an authority in a specific fiebo with qualifications of significant value U Responsible lot long range planning wilhtn a specific area of practice or region 19 $295 U Makes decisions which are far reaching and limited arty by objectives and policies of the organization 20 $M6 U Plons/approves projects requiring significant humon resources or capital investment (3 Graduate from an appropriate post-secanclary program, with credentiaE or equivalent 21 $324 U Ge)era>fy, fifteen years' experience with extensive professional and management experience Crew Size Regular Rate Over@me Rate Survey Crews 1-Person $220 $275 2-Person $345 $455 3-Person $470 $635 Note: These billing rates will apply for the term of the Contract. 10-33 CITY OF NEWPORT BEACH SPYGLASS HILL ROAR, BRISTOL STREET NORTH, AND VON KARMEN AVENUE PAVEMENT REHABILITATION ESTIMATED FEES & EXPENSES Tasks Description Drawingss✓ N5261 Z c E m STANTEC SUB[ONSULTAI4T Total 5273 $230 $219 $208 $176 5345 Hours Fees Fees _ -- A. Research, Data Collection, and Field Visits _-- Utility Ceordinadon 8 16 16 40 58,472 $8.472 B. 4 16 16 36 57,396 $7,396 G Design Surveying 12 20 220 152 $48,788 $48,783 D. Signing and Striping Inventory 4 16 i6 36 57,396 $7,396 E. Pavement Report E.1 Calculation of Traffic Index (TI) 10 g 18 $4,442 51,DDD $5,442 E.2 Pavement Engincerirg 16 16 $4,304 $42,428 $46,732 E3 Pavement Rehabilitation Strategy and ROM Estimate _ 4 20 26 40 $8,272 _ $9,272 F. Base Mapping - - F.1 Topographic and Rightmf-Way Dace Maps 12 20 60 92 $20,309 520,308 F.2 Existing Utility Base Map 2 6 32 40 $7.484 G. Construction Documents _ --- -- - G.1 Plans 64.1 Title Sheet, Notes, Typ.Sec. Notes,andDetails 12 1 26 SO so 147 $2%612 $24,612 G. 1.2 Roadway Plan and Profile Sheets (1'a40') 11 6 20 g0 90 1% $40.408 540,408 G.1.3 Roadway Design Sections(Separate Plan Set) 1 2 12 14 29 55,908 $5,908 GAA Signing and Striping Sheets(1'�D'I _ 5 1 8 36 56 101 $20,170 $20,170 GAS Irdgationand Pfanling Plans(1"=20`) 5 2 40 40 82 $18,076 518,076� G.2 Spedal Provisions 2 8 18 6 1 34 $7,706 $7,706 G.3 Cost Estimate _ As -Built Drawings - 2 2 16 16 36 $7,414 GA 33 1 2ES14,26.0 12 a 15 40 _57,414 $8,208 5&208 N. Project Management, Meetings, and Coordination 4 40 a 52 $13,28n $13.280 I. Incorporate Von Karmen Rehab. Bid Documents 1014 24 55,755 $5,756 J. Caltrans Encroachment permit for Traffic Control Implementation 16 16 $4,304 54,304 K. Constructlon Support Services 2 2012 6 40 $9,620 $9,620 TOTAL HOURS 22 216 332 128 397 220 2267 TMALFEES 56,116 $58,104 $72,708 526,624 568,112 S41,C00 5287,324 $43,428 $330,752 REIMBURSABLES BUDGET (0,25%of 5ubtutal Costs. Includes: Pdntin& Copying. Deliveries) $B27 TOTAL (INCLUDING RDMBURSABLES) $331,579 OPTIONAL TASKS 1.1 Deflection Testing and Ana"s --- -- 4 4 _ _ 4 4 S1,W6 $1,076 __ _$11,120 57,61i8 $12.296 1.2 Ground Penetrating Rader Testing and Analysis _ $8,694 1.3 1.4 Potholing Allowance 2 8 12 24 TrAticControl Plans for Cattrarts Enooachmertt Penntt 44 $9.004 59,004 TOTAL OPTIONAL TASK HOURS a 16 D 12 0 24 0 52 TOTAL OPTIONAL TASK FEES SO 54,304 $0 $2,628 $0 $4,224 $0 511AS6 $18,73a $33,394 GRAND TOTAL FEES (including optional tasks( 56,116 $62,409 $14,260 $75,336 $2fi,624 $72,336 $41,400 $298,480 $62,166 5369,973 10-34 Spyglass Hill Road from San Miguel Drive to San Joaquin Hills Road, Bristol Street North from Campus Drive to Jamboree Road, and Von Karmen Avenue from MacArthur Blvd. to Campus Drive Pavement Rehabilitation (3 Project Schedule Notice to Proceed Project Management, Coordation, and Meetings Preliminary Design Kick Off Meeting Records Research and Data Collection Utility Coordination Design Survey and Base Mapping Pavement Report Final Design 30%Base Map, PvrnL Rehab Stategy and ROM Est. City Review of 30%Submittal 50%Plans and Estimate City Review of 50%Submittal 90%PS&E Submittal City Review of 90%PS&E Submittal 100%PS&E Submittal City Review/Approval of 100%Submittal Bid and Construction Support 1 day Mon 11118124 Mon 11118124i 31 wks Mon 11118124 Fri 6/20125 155 days Mon 11118124 Fri 6120125 1 day Mon 11/18124 Mon 11118/24 2 wks Mon 11/18124 Fri 11/29124 31 wks Mon 11/18124 Fri 6120/25 6 wks Mon 11/18/24 Fri 12/27124 8wks Mon 11/18/24 Fri 1110/25 125 days Mon 12/30124 Fri 6120125 4 wks Mon 12130/24 Fri 1/24/251 3 wks Mon 1127/25 Fri 2/14/25 5 wks Mon 2/17125 Fri 3/21/25j 3 wks Mon 3/24/25 Fri 4/11/251 4 wks Mon 4/14/25 Fri 519/25! 3 wks Mon 5112125 Fri 5/30125, 2 wks Mon 612/25 Fri 6113125 1 wk Mon 6/16/25 Fri 6120/25` 75124 I Task - Milestone 10-35 EXHIBIT C INSURANCE REQUIREMENTS — PUBLIC WORKS AND CONSTRUCTION 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor 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. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each employee for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with California law for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its elected or appointed officers, agents, officials, employees, volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance, and if necessary excess/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 two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate and four Stantec Consulting Services Inc Page C-1 10-36 million dollars ($4,000,000) completed operations aggregate. The policy shall cover liability arising from bodily injury, property damage, products - completed 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. Contractor 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 Contractor arising out of or in connection with Work to be performed under this Contract, 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 for each accident. D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) 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. E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this contract, then said policies shall be "following form" of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this contract, including, but not limited to, the additional insured and primary & non-contributory insurance requirements stated herein. No insurance policies maintained by the City, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor's primary and excess/umbrella liability policies are exhausted. 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 Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Stantec Consulting Services Inc Page C-2 10-37 B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess/umbrella liability and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its elected or appointed officers, agents, officials, employees, volunteers shall be included as additional insureds under such policies. C. Primary and Non Contributory. Contractor's insurance coverage shall be primary insurance and/or the primary source of recovery with respect to City, its elected or appointed officers, agents, officials, employees, volunteers. Any insurance or self-insurance maintained by City shall be excess of Contractor's insurance and shall not contribute with it. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation or nonrenewal of coverage (except for nonpayment for which ten (10) calendar days' notice is required) for each required coverage except Builders Risk Insurance, which shall contain an endorsement with said required notices. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. All of the executed documents referenced in this Contract must be returned to City within ten (10) regular City business days after the date on the "Notification of Award". Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Contract. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor 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. Stantec Consulting Services Inc Page C-3 10-38 B. City's Right to Revise Requirements. The City reserves the right at any time during the term of the Contract to change the amounts and types of insurance required by giving Contractor ninety (90) calendar days' advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Exhibit A 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 Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available proceeds in excess of specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Contractor agrees not to self -insure or to use any self -insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If Contractor's existing coverage includes a self -insured retention, the self -insured retention must be declared to City. City may review options with Contractor, which may include reduction or elimination of the self -insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. G. City Remedies for Non Compliance. If Contractor or any subcontractor 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 Stantec Consulting Services Inc Page C-4 10-39 Contract, or to suspend Contractor'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 Contractor or reimbursed by Contractor upon demand. H. 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. Coverage not Limited. All insurance coverage and limits provided by Contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other agreement relating to City or its operations limits the application of such insurance coverage. J. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Work under this or any other Contract or agreement with City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City with five (5) calendar days of the expiration of the coverages. Stantec Consulting Services Inc Page C-5 10-40