HomeMy WebLinkAboutC-8626-1 - PSA for Facilities Maintenance and Master Plan Services1
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PROFESSIONAL SERVICES AGREEMENT
WITH ROY JORGENSEN ASSOCIATES, INC. FOR
V FACILITIES MANAGEMENT AND MASTER PLAN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 11th day of February, 2020 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and ROY JORGENSEN ASSOCIATES, INC., a Delaware corporation ("Consultant"),
whose address is 1340 Reynolds Avenue, Suite 116, Irvine, CA 92614, 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 comprehensive professional services
to provide an update to the City's Facilities Maintenance Master Plan ("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 .
ollows:1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 1, 2021, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Two Hundred Fifty Four
Thousand Two Hundred Forty Seven Dollars and 00/100 ($254,247.00), 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.
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.
Roy Jorgensen Associates, Inc. Page 2
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 James Smith 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
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.
Roy Jorgensen Associates, Inc. Page 3
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"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
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 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 Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
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
Roy Jorgensen Associates, Inc. Page 4
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
Roy Jorgensen Associates, Inc. Page 5
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
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
Roy Jorgensen Associates, Inc. Page 6
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
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
Roy Jorgensen Associates, Inc. Page 7
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: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: James Smith
Roy Jorgensen Associates, Inc.
1340 Reynolds Avenue, Suite 116
Irvine, CA 92614
Roy Jorgensen Associates, Inc. Page 8
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
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
Roy Jorgensen Associates, Inc. Page 9
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
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]
Roy Jorgensen Associates, Inc. Page 10
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: 'L':6 2v Z0
By.
-�-o,,,%Aaron C. Harp
City Attorney
ATTEST:
Date:
►�%1�LL�
BrownLeilani 1.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date.-
By:
ate:
By:
Will O'Neill
Mayor
CONSULTANT:
ROY JORGENSEN ASSOCIATES, INC.,
a Delaware corporation
Date:
By: Signed in Counterpart
Douglas W. Selby
President
Date:
Signed in Counterpart
John S. Jorgensen
Assistant Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Roy Jorgensen Associates, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Date: I I 243 I Z02-0
By: Q;�L d mow
F -,,-',Aaron C. Harp
eo
City Attorney 0\ IX
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Will O'Neill
Mayor
CONSULTANT:
ROY JORGENSEN ASSOCIATES, INC.,
a Delaware corporation
Dater
By:7��
Dou as . Selby
President
Date: 2 / r
Joh . Jor nsen
ssistant Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Roy Jorgensen Associates, Inc. Page 11
EXHIBIT
SCOPE OF SERVICES
Roy Jorgensen Associates, Inc. Page A-1
EXHIBIT A
SCOPE OF SERVICES
FACILITIES MAINTENANCE AND MASTER PLAN SERVICES
Work Plan and Services
PHASE I - FIELD DATA COLLECTION
The proposed team will begin field data collection with a thorough understanding of the
maintenance and repair history of the City's
facilities, including recurring maintenance
and repair issues, lack of adequate
functionality, and other issues through
face-to-face interviews with stakeholders.
Team Primary Field
Understanding these prior to the
Responsibility Matrix
commencement of field data collection will
EXTERIOR - Justin May, Stan Klemanow icz
allow the team to better assess actual field
conditions through the perspective of the
STRUCTURE -Jaime Rosenbach
users and to place observed conditions
ROOF - Stan Klern anow icz, Justin May
into a proper context. The review of any
SITE - Justin May
as -built drawings, plans for upcoming
INTERIOR -Justin May, Stan Klernanowicz,Jaime
construction or renovation, previous
Rosenbach
assessment data, and other pertinent
(AECHA(VICAL -Justin (U'lay
information that the City can provide will
further ensure that the data collection
ELECTRICAL-Justintvtay
team integrates all available information
PLUMBING -Justin May
and that its conclusions remain accurate
ELEVATOR -Justin May
and relevant to the purposes of this study.
FIRE/SECURITY - Stan Klemanowicz
The proposed field data collection team I OPTIONAL GIS DATA.INTEGRATION-J�_,sr.ir-1 Matic
members have been carefully selected for
their areas of expertise in relation to the City's requirements and represent an
interdisciplinary team Civil and Mechanical Engineers, Architecture, and other Facility
Management analysts and professionals with extensive experience in conducting similar
condition assessments. Each of these individuals will be assigned principal responsibility
for given systems or categories of features. This ensures that data collection progresses
in a timely fashion, economically, and with the highest degree of accuracy.
Consultant will collect detailed
notes and photographic
evidence in relation to buildings
and site systems, documenting
all required repairs, evidence of
deferred maintenance, and
areas for suggested renovation.
Full attention to buildings and
building features and options
for their return to modern
standards will also be given.
All data will be collected utilizing
hand-held devices and
Consultant's Mobile Integrated
Data Acquisition System
(MIDAST"") software to ensure
that all requisite information is
gathered and that it is recorded
accurately, precluding the need
for any later data re-entry from
hand-written notes.
JorgensenFM Mobile Integrated Data Acquisition System
(MIDAS"")
MIDASTr'"uses the Connixt "Nara" mobile application as the
base engine to enable the rapid and accurate acquisition or -
verification of client assets.
✓ Irrnports the client's existing asset inventory
✓ Exports data to the client's CMMS asset inventory
✓ Independent of Client's CtVINIS engine
✓ Cornmunicates via Wi-Fi or cellular telephone
network
✓ MIDAST1.1 possesses the ability to capture
photographs, GPS coordinates, or bar code or QR
codes
✓ All captured data can be readily integrated into the
client's own CMMS software.
Consultant will assess all required systems (systems -level assessment) to include the
equipment's overall condition, age, remaining useful life, and any reconsideration of the
life -cycle that positively or negatively impacts the manufacturers' estimated useful life for
the equipment or feature. Full attention to all requested building core and shell
components and systems will be given to incorporate these into the assessment and the
5-20 year forecast.
As part of the documentation process, photographs of observed deficiencies and general
conditions will be gathered by the data collection team. All such documentation (written
and photographic) will be cross-linked in the final condition and replacement plan reports
for ease of use.
In order to remain on -budget and on -schedule, Consultant's inspection team will require
full access to the City's facilities (provided ample notice has been given). Without
scheduled access, the project's schedule will likely extend out and our budget will be
negatively impacted. In addition to the facility condition index (FCI) discussed further
below, the field data collection team will describe and rate the condition of each of the
individual building systems (SITE, STRUCTURE, EXTERIOR SYSTEMS, INTERIOR
SYSTEMS, MECHANICAL, ELECTRICAL, PLUMBING, CONVEYANCE [elevators],
FIRE/LIFE SAFETY) based on the following condition code criteria.
The Condition Code method of systems description (see the table below) provides a
convenient, means of referring to general conditions associated with a building's major
components.
Condition
.•- Definitions
Rating
Status
Description
5
Excellent
Condition and appearance are as new with no defects; only normal scheduled
maintenance is required.
4
Good
Superficial wear and tear, minor defects, minor signs of deterioration to surface
finishes are present, but the unit or system does not require major
maintenance. No major defects exist. System functions normally.
3
Fair
Some minor repairs and some infrequent larger repair are required. The system
is occasionally unable to function as intended. Deteriorated surface finishes
require attention; services are functional, but deferred maintenance work may
exist.
2
Poor
A significant number of major defects exist. Excessive wear and tear is clearly
visible. The system is obsolete or does not fully functional or services are
frequently failing. Repair parts are not easily obtainable. The unit or system
may not meet all codes.
1
Failure
Major repair or replacement is required to restore function. System or asset
has failed. Unsafe to use.
PHASE 2 — DATA REDUCTION AND ANALYSIS
Field data collection (Phase 1) will generate the raw materials for the prioritized list of
projects and remediation work, the opinions of probable cost, and the facility condition
indices (FCI). The FCI is a common facilities metric used to describe conditions and is a
ratio of deferred maintenance and repairs to the Current Replacement Value (CR1)
of the building. In summary, the lower the FCI, the better the condition of the building.
The higher the FCI, the
worse the condition of the
building.
In relative terms, the FCI
can be represented by the
accompanying graphic. In
addition to its use as an
independent metric to
compare one building to
total cost of existing repairs
current replacement value
Poor...
11 =
10,E +
another, its calculation is essential to the development of a 10 -year forecast (see further
below, Phase 3). A complete, up-to-date set of Current Replacement Values (CRVs) will
be required from the City in order to complete the calculation of the FCI.
As mentioned above, one of the principal outcomes of Phase 2 is the master list of
remediation project work. The master list identifies each project by building location,
assigning each project a:
• Unique identifier based on the CSI nomenclature (ASTM standard)
• Any legacy numbers that the City may currently employ
• Prioritization based on criticality and life safety impact
• Description of the scope of the work
• Budgetary opinion of probable costs (single line), including contingencies
• Photographic link
Based on the nature of the deficiency and its potential impact to ongoing operations, each
line item will also be assigned priorities of 1 (Year 1-2), 2 (Year 3-5), 3 (Year 6-7), 4 (Year
7-10), or 5 (Variable; Sensible alterations/improvements that do not impact the usability
of the equipment or feature). The development of outlying year cohorts (up to 10 years)
is an outcome of econometric modeling and is the principal deliverable from Phase 3
(described below). The line items will encompass all aspects of the scope of work. The
sample on the following page illustrate an excerpt from a project summary list prepared
for another client. A similar list will be compiled as an outcome of Phase 2 for the City
based on the City's own unique set of requirements and agreed -to formatting. The master
list is presented in an open Excel format that is readily updatable and can be maintained
by City engineering personnel following the completion of the project. It is fully sortable
according to any criteria. No licensing or system maintenance fees are required; the Excel
formatted master list is economic, simple to use, and its functionality will deliver all that
the City might require for integration into standard MMS.
PHASE 3 – DEVELOPMENT OF REINVESTMENT FUNDING OPTIONS AND
MAINTENANCE PROGRAM RECOMMENDATIONS
The populated datasets as described above will provide the raw materials for the City's
budget forecasting for a minimum of a 5 -year outlook—though Consultant will provide (at
the City's discretion) a 20 -year outlook at no additional charge. Employing agreed-upon
prioritization criteria and fiscal year assignments, the project and remediation data will
segregate into natural groupings that roll up to a total budget requirement for a particular
year, or span of years. Accuracy in the forecasting process typically decreases within
years 7-10, with the highest degree of probability and accuracy in years 1-7. For outlying
years 7-10 (should the City require out -year funding projections),
Consultant will generate waves (or cycles) of funding requirements based on known
factors. The basis for the development of funding scenarios for the outlying years rests
on econometric modeling that incorporates a constellation of data points, including the
Current Replacement Value (CRV), the Facility Condition Indices (FCI), the City's existing
reinvestment rates/budgets into the facilities, and a building's construction type and its
use. Each of these three data sets is essential to the 10 -year projection of probable costs
associated with the City facilities. As touched on above, the econometric modeling
creates future profiles of the City's facilities based on current conditions and reinvestment
rates. Using the City's current facilities funding rates, the model predicts the state of
preservation of the buildings (expressed as a Facility Condition Index— FCI) across the
10 -year horizon given a steady-state reinvestment rate. The model also provides other
options for reinvestment funding that target different states of preservation (FCls).
The City will have insight into the following:
1. Better understanding of the long-range implications of the City's current funding
strategy
2. Better understanding of the state of preservation of its buildings and the
implications in order to supplement or reduce funding levels depending on
economic conditions.
3. The option to choose to target a particular ongoing state of preservation (FCI), or
target an FCI at the end of the outlook horizon, and understand the impact to
aesthetics and building/equipment reliability.
These considerations tie directly to the FCI, and thereby link the City's chosen
strategy and associated funding requirements to objective criteria.
A key deliverable in this regard is the presentation of three funding scenarios for the City.
Typically, the first is based on the existing investment level, the second and third can
target conditions that are "as -new" or that reflect conditions similar to other peer municipal
governmental agencies. We suggest a face-to-face meeting prior to the calculation of the
models to clarify assumptions and to establish potential meaningful and achievable
targeted reinvestment rates across the
requested 5 -year horizon. An
excerpted sample of this deliverable
appears on the following page in the
accompanying graph and table.
The graph illustrates the relationship
between the FCI and the different
funding rate scenarios (S1, S2, S3)—
noting especially the inverse
relationship between the two: the
higher the funding the lower the FCI,-
the
CI;the lower the FCI, the better the
facility's condition. The graph gives a
high-level overview of where the City's funding levels are leading it.
An annual (year-by-year) funding table will also comprise the econometric model for the
City. This table shall deliver the granularity required by the City's financial managers—in
particular, how much funding is required each year to meet a particular targeted FCI over
the study's horizon. It shall provide the funding dollars and illustrates the impact to
deferred maintenance and the FCI. Once adopted, the table becomes, in effect, an
important contribution to the City's budget process. The reserve funding requirements will
also be accompanied by a clear presentation of all assumptions incorporated into the
forecast.
During this phase, members of the team will examine the maintenance procedures of the
City. The maintenance program will be assessed for completeness with respect to
coverage of all functional components, the application of industry standard maintenance
frequencies, tasking, and procedures, as well as present observations on regarding
staffing or training requirements. Based on our time spent at the City and among the City's
maintenance personnel, Consultant will provide recommendations for any hardware and
software requirements for optimization of the maintenance management.
As noted further above, the study will also contribute a complete set of preventive
maintenance and inspection Work Activity GuidesTM (WAGTM) for City engineering staff
to apply to ongoing maintenance of the facilities. These guides have been assembled
with industry -standard maintenance and inspection frequencies and tasking, as well as
with other pertinent information.
The provision of the WAGs and a 52-week maintenance calendar will help the City to
ensure that basic maintenance that supports the preservation of its facility portfolio and
the City's ongoing funding requirements.
GIS Data Integration
At the City's discretion Consultant will collect and collate data for integration into the City's
GIS system. The definition of the relevant data should include the location, asset age,
available of as-builts, maintenance and replacement schedules and unique conditions.
Prior to finalizing the list of relevant data Consultant will schedule a meeting with the City's
stakeholders to gain agreement on any other data for incorporation into the GIS system.
EXHIBIT B
SCHEDULE OF BILLING RATES
Roy Jorgensen Associates, Inc. Page B-1
EXHIBIT B
BILLING RATES
Total not -to -exceed amount: $254,247.00
Title
Principal
Hourly Rate
$175
Project Manager
$150
Lead Asset Specialist
$90
Mechanical Asset Specialist
$150
Data Manager/Admin
$75
Lead Architectural
$150
Lead Structural Consultant
$204
Structural Specialist
$190
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Roy Jorgensen Associates, Inc. Page C-1
D. Professional Liability Errors & Omissions Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Roy Jorgensen Associates, Inc. Page C-2
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
Roy Jorgensen Associates, Inc. Page C-3
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Roy Jorgensen Associates, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 2/10/2020 Dept./Contact Received From: Shelby Morgan
Department: Public Works Sent to: Marissa By: Shelby
Company/Person required to have certificate: Roy Jorgensen Associates, Inc.
Type of contract: Professional Services Agreement
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/1/2019-7/1/2020
A. INSURANCE COMPANY: Zurich American Insurance Company NAIC#16535
B. AM BEST RATING (A-: VII or greater): A+:XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑✓ Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided? $1M occur / $21VI agg
E. ADDITIONAL INSURED ENDORSEMENT —please attach
0 Yes ❑ No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
0 Yes ❑ No
G. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
❑✓ Yes ❑ No
H. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation) 0 N/A
❑ Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 7/1/2019-7/1/2020
A. INSURANCE COMPANY: Zurich American Insurance Company NAIC#16535
B. AM BEST RATING (A-: VII or greater) A+:XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
❑✓ Yes ❑ No
D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided? $1M
E. PRIMARY & NON-CONTRIBUTORY WORDING
ENDORSEMENT - please attach
❑✓ Yes ❑ No
F. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A
❑✓ Yes ❑ No
G. ADDITIONAL INSURED ENDORSEMENT — please attach
2 Yes ❑ No
11. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included?
Z Yes ❑ No
I. SIGNED AUTOMOBILE INSURANCE EXEMPTION FORM: ❑✓ N/A
E] Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 7/1/2019-7/1/2020
A. INSURANCE COMPANY: American Zurich Insurance Company NAIC#40142
B. AM BEST RATING (A-: VII or greater): A+:XV
C. ADMITTED Company (Must be California Admitted):
D. WORKERS' COMPENSATION LIMIT: Statutory
E. EMPLOYERS' LIABILITY LIMIT (Must be $1 M or greater)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM
ADDITIONAL COVERAGES THAT MAYBE REQUIRED
0 Yes [:]No
Z Yes ❑ No
$1M
0 Yes ❑ No
❑✓ N/A ❑ Yes ❑ No
0 PROFESSIONAL LIABILITY 7/1/2019-7/1/2020
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY: ACE American Insurance Company NAIC#22667, A++:XV
❑ POLLUTION LIABILITY
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
❑ BUILDER'S RISK
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
El
EFFECTIVE/EXPIRATION DATE:
A. INSURANCE COMPANY:
NOTES/COMMENTS:
Approved:
�v
Risk Management
2/19/2020
Date