HomeMy WebLinkAbout22 - PSA for the San Miguel Drive Pavement Rehabilitation Project (Project No. 26R11) (Contract No. 9855-1)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 26, 2025
Agenda Item No. 22
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 San Miguel Drive Pavement
Rehabilitation Project (Project No. 26R11) (Contract No. 9855-1)
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As part of the City of Newport Beach's Pavement Management Plan, San Miguel Drive
from San Joaquin Hills Road to Ford Road is scheduled for pavement rehabilitation in
Fiscal Year 2026-27. Staff requests City Council approval to enter into a Professional
Services Agreement (PSA) 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;
b) Approve Budget Amendment No. 26-015, appropriating $40,000 in increased
expenditures in Account No. 12601-980000-26R11 from the unappropriated
S131-Road Maintenance & Rehabilitation Account (RMRA) fund balance; and
c) Approve a professional services agreement with Stantec Consulting Services, Inc. for
the San Miguel Drive Pavement Rehabilitation project for a total not -to -exceed amount
of $297,640 and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
As part of the City's Pavement Management Plan, San Miguel Drive from San Joaquin
Hills Road to Ford Road (Project No. 26R11) is scheduled for pavement rehabilitation in
FY 2026-27. A location map is provided as Attachment A. 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.
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Approval of Professional Services Agreement with Stantec Consulting Services, Inc. for
the San Miguel Drive Pavement Rehabilitation Project (Project No. 26R11) (Contract
No. 9855-1)
August 26, 2025
Page 2
Staff recently issued a Request for Proposals (RFP) for professional engineering services
and received 16 proposals. The proposals were reviewed by a three -person technical
panel. Eleven of these proposals met the minimum total score of 210 out of 300 (70%).
The scoring for the proposals is as follows:
PROPOSER
TOTAL SCORE
Out of 300)
OVERALL
RANK
Stantec Consulting Services, Inc.
273
1
X Engineering and Consulting, Inc.
261
2
Dokken Engineering, Inc.
246
3
Kreuzer Consulting Group, Inc.
238
4
Onward Engineering
228
5
Ardurra Group, Inc.
227
6
CSG Consultants, Inc.
224
7
Tetra Tech, Inc.
217
8
AZTEC Engineering Group, Inc.
215
9
DMS Consultants, Inc.
214
10
HW Lochner, Inc.
212
11
Stantec Consulting Services, Inc. demonstrated that it has the expertise and experience
needed to complete construction documents for pavement reconstruction projects. In
addition, Stantec Consulting Services, Inc. has successfully completed similar projects
for other local agencies as well as for the City. Therefore, staff recommends approving a
PSA with Stantec Consulting Services, Inc. to complete the final design efforts for the San
Miguel Drive Pavement Rehabilitation project. Preparation of construction documents for
pavement rehabilitation projects is similar for all streets. The proposals and the results
from this RFP process may be considered for future pavement rehabilitation projects.
The proposed Scope of Work includes research and data collection; utility coordination;
design surveying; signing and striping inventory; a pavement report; base mapping;
preparation of construction documents; progress meetings; and construction support
services. Construction is tentatively planned for fall 2026.
FISCAL IMPACT:
Upon approval of the proposed Budget Amendment, sufficient funding will be available
from the current Capital Improvement Program budget for this service. The Budget
Amendment appropriates $40,000 in increased expenditure appropriations from the
SB1—RMRA Fund unappropriated fund balance. The consultant's proposed not -to -
exceed fee for this service is $297,640. It will be expensed to the SB1-RMRA CIP
Expense Account in the Public Works Department, 12601-980000-26R11. SB1 RMRA
revenues are state fuel and vehicle registration taxes imposed by the Road Repair and
Accountability Act of 2017.
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Approval of Professional Services Agreement with Stantec Consulting Services, Inc. for
the San Miguel Drive Pavement Rehabilitation Project (Project No. 26R11) (Contract
No. 9855-1)
August 26, 2025
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Budget Amendment
Attachment C — Professional Services Agreement
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ATTACHMENT B
City of Newport Beach
BUDGET AMENDMENT
2025-26
Department: Public Works
ONETIME: ❑ Yes ❑ No
Requestor: Theresa Schweitzer
BA#: 26-015
Approvals
[� CITY MANAGER'S APPROVAL ONLY
City Clerk: Date
0 COUNCIL APPROVAL REQUIRED Finance Director: 40J ON-J,oam Date 71Z412S
Budget Manager: / "j Ll jf,r Date
To increase expenditure appropriations from the SB1-RMRA Fund for the San Miguel Drive Pavement Rehabilitation ❑ from existing budget appropriations
❑ from additional estimated revenues
Project 26R11. ❑✓ from unappropriated fund balance
REVENUES
Fund # Org Object Project Description Increase or (Decrease) $
Subtotal $ -
EXPENDITURES
Fund # Org Object Project Description Increase or (Decrease) $
126 12601 980000 26R11 SB1 GAS TAX RMRA C1P - CIP EXPENDITURES FOR GL 40,000.00
Subtotal $ 40,000.00
FUND
-BALANCE
Fund # Object Description Increase or (Decrease) $
126 300000 SB1 GAS TAX RMRA FUND - FUND BALANCE CONTROL (40,000.00)
Subtotal $ (40,000.00)
Fund Balance Change Required
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ATTACHMENT C
PROFESSIONAL SERVICES AGREEMENT
WITH STANTEC CONSULTING SERVICES INC. FOR
SAN MIGUEL DRIVE PAVEMENT REHABILITATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 26th day of August, 2025 ("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 professional engineering services for
the City for the San Miguel Drive Pavement Rehabilitation Project ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 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.
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
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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.
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4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Ninety
Seven Thousand Six Hundred Forty Dollars and 00/100 ($297,640.00), 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 forthose costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
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.
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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 Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
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.
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8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties"), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the
negligence, recklessness, or willful misconduct of the Consultant or its principals, officers,
agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone
employed directly or indirectly by any of them or for whose acts they may be liable, or any
or all of them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable, but only to the extent
permitted by law, and not to exceed the policy limits of Consultant's insurance policy
where applicable.
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
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this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
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
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relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall
include the professional stamp of the engineer or architect in charge of or responsible for
the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses
arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
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.
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17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital 'As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
18. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy of
such opinions as compared to Consultant or contractor bids or actual cost to City.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
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
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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
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
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26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: David Elwell
Stantec Consulting Services Inc.
38 Technology Drive, Suite 200
Irvine, CA 92618
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
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event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not. less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
Stantec Consulting Services Inc. Page 10
22-15
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever Kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Stantec Consulting Services Inc. Page 11
22-16
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:
T'
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
BY: 1 By:
a n C. Harp p1z�.'L5 .Joe Stapleton
City Attorney j;r a- Mayor
ATTEST:
Date-
M
Leilani I. Brown
City Clerk
CONSULTANT: STANTEC
CONSULTING SERVICES INC., a New
York corporation
Date:
By:
David Elwell
Vice President
Date -
By:
Sherry Weinmeier
Principal
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Stantec Consulting Services Inc. Page 12
22-17
EXHIBIT
SCOPE OF SERVICES
Stantec Consulting Services Inc. Page A-1
22-18
EXHIBIT'A'
Stantec 1 12
4. Scope of Work
Task A - Research and
Data Collection
We will research and obtain available as -built record
drawings, utility plans, preliminary engineering reports,
and record survey drawings for the project. This
includes researching available documents on the City's
GIS system and reviewing information obtained from
our utility company coordination. As part of this task,
we will also perform a field review of the site to evaluate
the condition of the existing pavement, locations of any
damaged concrete improvements, locations of non-
compliant curb ramps, and areas with local drainage
deficiencies. 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
Per the RFP, 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 respective utility companies to verify
ownership and the location of their facilities. We will
also identify any utility lines or surface utilities that may
interfere with proposed construction and coordinate all
adjustments or relocations with the utility owner. All
records of contacts and correspondence with the utility
companies will be compiled and submitted to you. We
assume that any relocation fees charged by the utility
companies will be paid by the City and no additional
utility plans (other than the improvement plans) will be
prepared to coordinate the utility adjustments or
relocation.
Task C - Design Survey
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 the proposed improvements The
design survey will include cross sections at 50-foot
intervals (right-of-way to right -of- way, with 1-foot
contours) to locate visible surface improvements and
surface utilities within the survey limits. We assume
that the existing right-of-way is typically the back of
sidewalk. The survey limits will include San Miguel Drive
from San Joaquin Hills Road to Ford Road (+/-7,700 LF)
and extend approximately 50-feet in all directions
beyond the limits of work at all intersections. Since the
improvement plans require flowline/edge of pavement.
profiles and design sections and the proposed
improvements may require curb/median reprofiling, we
don't believe an aerial drone survey has the required
accuracy for this type of design.
As part of the design survey, we will observe
monuments to retrace the centerlines and rights -of -way
of San Miguel Drive within the project limits. The results
will be incorporated into the base map illustrating
existing right-of-way conditions. This will not be a full
and complete boundary survey of the adjacent land
parcels, and the right-of-way lines will be approximate;
based on a combination of found survey monuments,
record survey drawings, as -built plans, and City GIS
data. Survey monuments located and indicated on the
survey will be limited to primary controlling centerline
monuments found along San Miguel Drive. Existing
monumentation will be shown on 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.
Task D - Signing and
Striping Inventory
We will conduct a field inventory of the existing signing
and striping improvements within the project limits. This
inventory will include documenting (with photos, field
measurements and "GoPro" video) the existing striping,
pavement markings, and signs. The type, size,
orientation, and condition of the existing signs will also
be documented, and any missing signs will be noted.
This information will be shown on plans prepared at 1" _
40' scale, "double stacked" with two horizontal layout
22-19
Stantec 1 13
strips placed on each plan. The plans will be provided
with the 30-percent submittal and will include the
proposed roadway and striping improvements and
markups of our recommended improvements, which
may entail the following:
• Existing and proposed signing and striping with lane
dimensions
• Signage improvements necessary to meet current CA
MUTCD requirements
• Locations of missing signs or existing signs in poor
condition which should be replaced
• Locations of any advanced loop detectors which may
need to be relocated to meet the current posted
speed limit
We will provide a strip plot of the entire project limit
showing the existing and proposed base map features,
improvements and dimensions.
Task E - Pavement Report
Task E.1 Pavement Engineering
GMU will perform a document review of existing as -built
drawings provided by the City. They will obtain a no -fee
encroachment permit from the City of Newport Beach
for the proposed subsurface exploration. It is assumed
that permits from other agencies are not required.
GMU will perform up to a total of 14 pavement corings
(4-foot max depth) to confirm the existing pavement
section and obtain soil samples. It is assumed that two
(2) days of pavement coring will be performed between
the daytime hours of 8 AM and 5 PM. Traffic control will
involve single -lane closures in accordance with the
WATCH manual. It is assumed that formal traffic control
plans will not be required. Core holes will be backfilled
with soil cuttings or other appropriate materials and
capped with Perma Patch. Removal of Dig Alert
markings, including sand blasting, pavement grinding,
and/or asphalt patch are not included in this scope of
service.
GMU will perform laboratory testing of the samples
collected from the pavement corings in their in-house
Caltrans certified pavement materials laboratory.
Testing may include maximum density and optimum
moisture content, laboratory soil classification, R-value
testing, in -place moisture content, and sulfate content.
Pavement engineering analysis will be performed in
accordance with the Caltrans Highway Design Manual,
6th Edition. A 20-year design life will be used for TI. An
option item is included to calculate the TI (Task 11), or
one can be provided by the City. Additionally, we have
included Tasks J.2 "Deflection Testing and Analysis" and
Task J.3 "Ground Penetrating Radar (GPR) Testing and
Analysis" as Optional Tasks.
Our team will walk the site with a GMU Pavement
Engineer to identify isolated AC repair locations. The
locations will be marked on a plan and provided to the
City. Isolated AC repair locations will be based on a
combination of factors such as type and severity of the
pavement surface distress type, deflection testing data
(if available), coring data, GPR data (if available), and
laboratory data.
One draft report and one final report (signed and
stamped by a California Registered Civil Engineer) will
be prepared by GMU to summarize their findings and
conclusions. The final report will entail the summary of
information gathered from the document review, project
limits and subsurface exploration (coring) location map,
pavement coring summary, select photographs of
pavement surface condition, falling -weight
deflectometer data map (if available), ground -
penetrating radar data map (if available), laboratory
testing results and isolated AC repair locations, and up
to two (2) pavement rehabilitation recommendations,
including thickness recommendations
Task E.2 Pavement
Rehabilitation Strategy and
ROM Estimate
Stantec team will prepare ROM estimates for the
various pavement repair and rehabilitation
recommendations outlined in the Pavement Report.
These ROM estimates will be compared to the City's
available budget to help select the Preferred Pavement
Rehabilitation Strategy. If necessary, we can value
engineer the proposed pavement improvements to best
fit the City's available budget and objectives. ROM will
be provided with the 30-percent submittal.
Task F - Base Mapping
Task F.1 Topographic and Right -
of -Way Base Maps
We will download and compile the field survey data to
create a base map which will be verified during our field
walk. The base mapping will entail: surface features
(curb, gutter, pavement, sidewalk, curb ramps,
22-20
Stanlec 1 14
driveways, trees), existing signing and striping
improvements, visible surface utilities, mapping
information (centerlines, right-of-way lines, and property
lines), and contours generated at 1-foot intervals.
Task F.2 Existing Utility Base
Map
We will provide an existing utility base map drawing that
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
drawings during our research.
Task G -- Construction
Documents
Task G.1 Plans
After completing the preliminary engineering efforts,
and receiving plan check comments on the 30-percent
submittal, 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.
Task 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 and
commercial driveways. For this project, we have
assumed eight driveways and 14 curb ramp locations
that will be redesigned to meet current ADA guidelines.
Task G.1.2 Roadway Plan and Profile
Sheets (1" = 40')
Roadway plan and profile sheets will be prepared using
a V = 40` horizontal scale and 1" = 4' vertical scale. The
plans will entail required removals; pavement
rehabilitation improvements; locations for new and
reconstructed curbs, gutters, sidewalks, commercial
driveways, cross gutters, and curb ramps; and existing
utilities and utility adjustments/relocations. The profile
views will show existing and proposed profiles for any
crown lines and tops of curb or edges of pavement. We
assume that non -compliant commercial driveway
approaches will only be reconstructed if the parkway
width is wide enough to accommodate the new
driveway without major impacts to private property
improvements. Plans will also include construction
notes and details for pedestrian push button relocations
and treatments to tree roots uplifting the existing
roadway and median curbs. The plans will clearly show
the City right-of-way lines, construction notes, and
include all horizontal and vertical control required to
stake and construct the new improvements.
We know the latest ADA standards
and design best pracilces. Combined
wiihour comprehensive QA/AC
and constructabillty reviews, we will
veriey ail AUA issues are aaequately
addressed in the PS&F.
Task G.1.3 Signing and Striping Sheets
(1" = 409)
The signing and striping plans will include signing,
striping, pavement markings, painted curb, and traffic
signal loop detector replacements. The plans will be
prepared at 1" = 40' scale, "double stacked" with two
horizontal layout strips placed on each plan, The plans
will provide roadway striping and pavement markings.
Where appropriate, existing signs within the project
limits may be upgraded to meet current California
Manual on Uniform Traffic Control (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.
Task G.1.4 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 be provided with final design submittals and will
show the existing surface, proposed surface, proposed
pavement section thicknesses, the existing and
proposed top of curb and/or pavement elevations, anc
the existing and proposed cross slopes.
Using three-dimensional modeling will
allow us to efficiently design the roadway
improvements and visually confirm they
are designed accurately.
22-21
Stantec 1 15
Task G.2 Special Provisions
We will prepare the project Specifications based on your
supplied boilerplate Specifications and the 2015 edition
of the Standard Specifications for Public Works
Construction (SSPWC). The Caltrans Standard
Specifications will also be referenced for the striping
and signing improvements. Our experienced staff will
thoroughly review and modify your boilerplate and all
relevant sections of the SSPWC to convey the design
intent of our engineers and confirm that the
Specifications do not conflict with the improvement
plans and our Pavement Report. The bid items will be
listed, and the work involved in each item will be clearly
described.
The specifications will include provisions that vehicular and pedestrian
access will be maintained at all times throughout construction to minimize
disruption to adjacent residents, schools, and businesses.
Task G.3 Cost Estimate
We will provide estimated construction quantities and
an engineer's estimate of probable construction costs
for the entire project. First, we determine the project bid
items required based on a thorough review of the plans
and specifications. We will then 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. An itemized list of
quantities per sheet will be submitted with the final
submittal.
Task 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 a PDF of the as -built drawings upon
completion of construction. For the purpse of this
proposal, we have assumed up to 8 hours for this task.
Task H - Project
Management, Progress
Meetings, and
Coordination
Throughout the project, we will communicate our
progress, design assumptions, and design challenges
with you. We will also coordinate with other agencies, as
required and involve you in all these discussions and
reviews. Project communication will include meetings,
conference calls, and emails. 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 review
and refine the project scope and schedule, establish tie
lines of communication, and discuss the critical design
issues. Meetings will also be held to review the
30-percent, 60-percent, 90-percent, and 100-percent
submittal packages and up to six (6) additional
meetings throughout the design phase. We assume tl•at
attendance of public meetings will not be required.
Task I - 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 8
hours for this task,
22-22
Stantec 1 16
Task J - Optional Items
Task J.1 Traffic Index (TI)
Calculation
We will prepare separate traffic index (TI) calculations
for up to five (5) segments of San Miguel Drive,
Weekday 24-hour, two-way traffic counts, including
truck and bus volumes by number of axles, will be
conducted for each segment. We will use this data for
each subject roadway segment to determine an
appropriate design life TI based on Caltrans equivalent
single axle load (ESAL) factors for each large vehicle
type. The pavement design life will be confirmed with
the City and/or we can provide multiple TI calculations
for your consideration based on alternative pavement
design life.
Task J.2 Deflection Testing and
Analysis
If requested by the City, the GMU team can evaluate if
the pavement can be milled -and -overlaid and achieve
the desired design life, through a non-destructive
pavement deflection testing and analysis. Deflection
testing and analysis will be performed in accordance
with California Test 356. Deflection testing involves
applying an impact load (simulating truck traffic) and
measuring the corresponding deflection response.
Deflection testing will be performed at 150 to 200-foot
intervals. Each deflection test point will be geo-
referenced using a sub -meter accuracy GPS system.
The tests will be staggered between the lanes in both
directions of travel to increase the coverage of each
section. Up to one day (1) of pavement deflection
testing will be performed. Moving closure traffic control
following behind the deflection testing equipment will be
utilized. It is assumed that traffic control plans will not
be required.
22-23
San Miguel Drive Pavement Rehabilitation (26R11)
Contract No. 9855-1
Target
Project Schedule
ID
Task Name
Duration
Start
Finish
Au '25 Se '25 Oct'25 Nov'25 Dec'25 Jan'26 Feb'26 Mar'26 A r'26 Ma '26
Notice to Proceed
1 day
Wed 8127125
Wed 8127125
a127
2
Protect Management, Coordatlon, and Meetings
36 wks
Wed 8127125
Tue 515126
------ -----------------------------
I I I
3
Preliminary Design
177 days
Thu 8128125'
Fri 611126
----------
4
Kick Off Meeting
1 day
Thu 8/28/25
Thu 8128125
- ----- --- - ------ ---' ---- ,------------' -----
5
Records Research and Data Collection
2 wks
Man 911125
Fri 9112125
-----------------r--- ----------------- '---------
6
-
Utility Coordination
35 wks
Mon 911125
Fri 511126
----- ----- ---------------- -- '----- '-
,
7
Design Survey and Base Mapping
6 wks
Mon 911125
Fri 10/10/25
-- ------------------
-'' -_- - -- '-
e
Signing and Striping Inventory
3 wks
Mon 10113125
Fri 1021125
----- -- — ---- ------------------
-'
9
Pavement Report
12 wks
Mon 911125
Fri 11l2 0
---- ----- - --- I----- --- -_ ------- -•---- -
10
30%Base Ma,PvmtRehabStat10113125--
p egy and ROM Est.
6 wks
Mon
Fri 11/21125
------- .__�____ I_ L-_ _ --------- 1-------
>>
City Review of 30% Submittal
2wks
Mon IV24125
Fri1215125
- -; - - --- -- -- ------------------- '------
;
12
Final Design
-
105 days
Mon 1218125
Fri 511126
------- --- ;------
----------- •
13
60%Plans and Estimate
8 wks
Mon 1218125
Fri 1130126
1a
City Review -of 60%Su-bmittal
2 wks
Mon 212126
Fri 2/13126
- - - - - - - ---------'------
15
90% PS&E Submittal
6 wks
Mon 2J16126
Fri 3127126
16
City Review of 90%PS&E Submittal
2 wks
Mon 3130126
Fri 4110126
-----
- - - ---� -- - - - -------
17
100%PS&E Submittal
2 wks
Mon 4113126
Fri 4124126
- - 4124
I I I I
-fs-
City Review/Approval of 100%Submittal
l wk
Mon 4127126
Fri 511126
_________ ________ ____ ------
07/10J25
Task
Milestone
22-24
EXHIBIT B
SCHEDULE OF BILLING RATES
Stantec Consulting Services Inc. Page B-1 22 25
EXHIBIT B
SCHEDULE OF BILLING RATES
San Miguel Drive Pavement Rehabilitation (261111) C-9855-1
Total Not -To -Exceed Fee: $297,640
Services shall be on a time -and -materials, not -to -exceed basis in accordance with the
attached Fee Schedule.
22-26
SCHEDULE OF BILLING RATES
Bitting
Hourly
Description
Level
Rate
Junior level position
3
$122
Cl indapanconlly corfos out assignments of fn iled scopo using slandord procedures. fnelhods. and
4
$133
lechniques
U Assists senor staff in crxryfng out more odvoncod proceduros
5
$152
] Completed woric is reviewed for feasiblity and soundness of judgment
❑ Grodualo from an appropriate post -secondary pro -Worn or equivalan!
a Generally, one to three ears' experience
Fully Qualified Professional Position
6
$156
J Carnes out ossignmenis reouiring gene�ol fcmlranty wllhln a txood field of tre respective plofesslon
7
$167
, Makes decisions by using a combination of standard methods and techniques
a Actively partic;ootes in Mrning to Omura ►no achievement of ot�eclivos
8
$177
U workt irdependenity to interpret information and resolve difficulties
o Graduala from on appropriate post-secondory progrom. wilh credontials or equivalont
a GeneroM. ttvee to six yeas' experience
First level Supervisor or first complete Level of Speclollzatlon
9
$183
D Proy dos apprad prolossfonal kno vtodgo and inilioliva in pbnring and ccordirating work programs
10
$190
❑ Adapts estobtished guidelines as necessary to address unusual issues
❑ Decisons accepted as tochrically accivoto. however may on occasion bo roviowed for soundncss of
11
=6
judgment
❑ Groduato from on appropriate post-sccandory program, with credentials or equlvaSent
❑ Generally. five to rune years' experience
Highly Specialized Technical Professional or Supervisor of groups of professionals
J ProVdes mu*disripfine knowledge to deliver innovative solutions in related field of expertise
12
$21 T
7 Porllcipotos in shal• and long-range planning to ensure Ito achlevorrenl of objectives
13
$228
U Makes responsible decis ons an c1 matters, including policy recommendations. work methods, and
financial conhoh associated with tango expendilures
14
$240
❑ Reviews and evaluates technical work
7 Graduate from on appropriate posl-secondary program. with credentials cr equivotont
7 Generally, ten to fifteen ears' exoerience wish extensive. broad experience
Senior Level Consultant or Management
Recognized as on outhaffy in a specillt riold with qualiUcatlons of sigl'Acanl vahra
15
$254
:j Prov.des multi -discipline knowledge to deliver innovative solutions in related field of expertise
Indopondentty conceives programs and problems fcr invosligalion
16
$280
3 Participates in discussions to ensue the achievement of program and/or project objectives
17
$290
3 shakes rospoM-Ole docis"ons on expenditures. inctudmg large sums or impcmentafion of major
programs andlor projects
❑ Gradualo from on apprcpdato post -secondary program. with credentials a equiva:cnt
u GereroW. more Ilion twelve years' experience witn extemlve exoerierice
Senior level Management under review by Vice President or higher
18
$296
❑ Recognized as on ouINxity in a spociCc Gold with auakfaaiions of significant value
u Resporuible for "range planning within a specific area of practice or region
19
WS
O stakes dacsions which oro for reoChing and Willed only by objectives and poltcios of the crgonizol'on
20
,f319
3 Plarslapproves projects requiring significant human resources or capital investment
O Graduate from on appropriate post -secondary program, with cYcdanlids or owwWonl
21
$338
❑ Gereratty. fifteen years' experience with extensive professional and management experience
Crew Size Regular Rate Overtime Role
Survey Crews
1-Person $240 $295
2-Person $365 S475
3-Person $490 S655
Note: These billing rates will apply for the term of the Contract.
22-27
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Contract, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply and
that coverage does not meet these requirements, Consultant agrees to amend,
supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VIl (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance 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.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary 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. The policy shall cover liability arising from bodily
injury, property damage, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
C. Automobile Liabilitv Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Contract, including coverage for any owned, hired, non -owned or rented
Stantec Consulting Services Inc. Page C-1 22-28
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit for each accident.
D. Professional (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
Consultant'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 City Council, boards and commissions, officers, agents,
volunteers and employees, or shall specifically allow Consultant or
others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require
similar written express waivers and insurance clauses from each of its
subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess/umbrella liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide
that City, its City Council, boards and commissions, officers, agents,
volunteers and employees shall be included as additional insureds
under such policies.
C. Primary and Non -Contributory. Consultant's insurance coverage shall
be primary insurance and/or the primary source of recovery with respect
to the City, its City Council, boards and commissions, officers, agents,
volunteers and employees. All liability coverage shall apply on a primary
Stantec Consulting Services Inc. Page C-2 22.29
basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation or nonrenewal of coverage (except
for nonpayment for which ten (10) calendar days' notice is required) for
each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along
with a waiver of subrogation endorsement for workers' compensation
and other endorsements as specified herein for each coverage. All of
the executed documents referenced in this Contract must be returned
to City within ten (10) regular City business days after the date on the
"Notification of Award". Insurance certificates and endorsements must
be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with
City at all times during the term of this Contract. The certificates and
endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. At least fifteen
(15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City
evidence of insurance showing that the required insurance has been
reinstated or has been provided through another insurance company or
companies. City reserves the right to require complete, certified copies
of all required insurance policies, at any time.
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 Consultant ninety (90) calendar days'
advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees. Consultant shall require and verify that
all subcontractors maintain insurance meeting all the requirements
stated herein, and Consultant shall ensure that City is an additional
insured on insurance required from subcontractors. For CGL coverage,
Stantec Consulting Services Inc. Page C-3 22-30
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits
maintained by the Consultant. Any available proceeds in excess of
specified minimum limits of insurance and coverage shall be available
to the City.
f
F. Self -Insured Retentions. Any self -insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these requirements
unless approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City
shall have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed
until proper evidence of insurance is provided. Any amounts paid by
City shall, at City's sole option, be deducted from amounts payable to
Consultant or reimbursed by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this 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.
Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and
prosecution of the Work.
Stantec Consulting Services Inc. Page C-4 22.31