HomeMy WebLinkAboutC-8621-2 - On-Call PSA for Project Management ServicesVt
DMe Engineaing
Civil • Surveying • Planning • Construction
June 28, 2021 P5543
Revised
Mr. Tom Sandefur, PE
Assistant City Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
SUBJECT: PICKLEBALL COURTS — CITY OF NEWPORT BEACH
Dear Tom,
Based on your email request dated May 3, 2021 along with our site walk on May 25, 2021 and subsequent email
dated June 23, 2021, DMc Engineering is pleased to provide you and the City of Newport Beach with this revised
proposal to provide Surveying and Engineering services to evaluate and prepare plans, specifications and
estimate for the construction of add Pickleball Courts on Newport Ridge Community Association property located
in the City of Newport Beach.
We appreciate the opportunity to work with you and the City of Newport Beach on this project. Upon acceptance, it is our
understanding that we will receive authorization in the form of a purchase order per our Master Agreement. In the interim,
should you have any questions, please do not hesitate to call us.
Sincerely,
Derek J. McGregor, PE, PLS, QSP, QSD
Principal
DJM: dm
18 Technology Drive, Suite loo I Irvine, CA 92618
949.753.9393 ' www.dmceng.com
MAN"
N P5543
REVISED
SCOPE OF WORK
PICKLEBALL COURTS
CITY OF NEWPORT BEACH
Client (City of Newport Beach ) and Consultant (DMc Engineering) for mutual consideration herein set forth,
agree as follows:
Consultant agrees to perform the following services:
A. PRELIMINARY ENGINEERING SERVICES
1. DMc Engineering will perform a Site Investigation of the project to visually identify the opportunity
areas where Pickleball Courts could be added to property owned by the Newport Ridge Community
Association located at Newport Coast Drive and San Joaquin Road located in the City of Newport
Beach. (See attached Exhibit A for location)
2. DMc Engineering will perform a Field Topographic Survey of the areas noted on Exhibit A. The
survey will cover the areas where the courts might be located. The horizontal control for the survey
will be assumed and the vertical control will be based on City/County published benchmarks.
3. DMc Engineering will perform Boundary Research to identify property and access rights. This will
be based on property title reports provided by the Client.
4. DMc Engineering will prepare a project Base Map based on the results of the above. The base
map will be prepared at a scale 1"= 20'.
5. DMc Engineering will prepare Alternate Layouts where the Pickleball Courts can be added and how
they could be implemented from a grading, drainage, and access perspective.
6. DMc Engineering will prepare a Preliminary Construction Cost Estimate to construct each of the
alternate layouts.
B. FINAL ENGINEERING SERVICES
Based on the City selected alternative layout, DMc will prepare the following plans and perform the tasks
below:
DMc Engineering will perform Utility Research in the areas where the Pickleball Courts will be constructed.
DMc Engineering will perform a Field Topographic Survey to augment the survey performed
in the Preliminary Engineering work effort.
DMc Engineering will compile the above onto the preliminary base map noted above. The
updated base map will be utilized for performing the work tasks noted below.
DMc Engineering will prepare a Demolition Plan in the areas where the Pickleball Courts will be constructed.
i M P5543
REVISED
SCOPE OF WORK
PICKLEBALL COURTS
CITY OF NEWPORT BEACH
DMc Engineering will prepare a Precise Grading Plan for the areas where the Pickleball Courts (8 total) will
be constructed. This plan will be based on the above City selected alternative and will include the preparation
of a Title Sheet and Sections and Detail Sheet. The scale of the plan will be based on the level of detail that
is necessary to convey all the appropriate elevations and construction notes. This plan will include site
appurtenances including nets, net post, fencing, benches, and drinking fountains.
DMc Engineering will prepare an Erosion Control Plan based on the above work.
DMc Engineering's Consultant will prepare plans for construction of a Key Fob Access System for the
association courts.
DMc Engineering will prepare an Estimate of Probable Cost for the above improvement plans.
DMc Engineering will prepare a set of Project Specifications including City -provided front end (boilerplate)
sections, bid schedule, bid descriptions, and technical specifications.
10. DMc Engineering will prepare a maximum of four (4) Exhibits to identify the maintenance and access required
between the City and the /HOA relative to use of the courts.
F 0 60-
P5543
REVISED
FEE SCHEDULE
PICKELBALL COURTS
CITY OF NEWPORT BEACH
Client agrees to compensate consultant for the services as noted below:
Consultant shall perform the services outlined in the Scope of Work in accordance with the Fee Schedule below, plus the
cost for reproductions, computer plotting, copying, and messenger services. The consultant shall invoice the client monthly.
Upon client authorization, additional services not identified herein will be billed on a fixed fee or time and material basis in
accordance with the enclosed Hourly Rate Schedule.
PRELIMINARY ENGINEERING SERVICES
PM
($170)
PE/PS
($150)
FS
($220)
AE
($120)
FEE
1. Site Investigation
4
$680
2. Field Topographic Survey
16
$3,520
3. Boundary Research
2
8
$1,540
4. Base Map
4
20
$5,000
5. Alternate Layouts
2
8
24
$4,420
6. Cost Estimate
4
2
$980
SUBTOTAL PROFESSIONAL FEE
$16,140
REIMBURSABLES Time & Materials
$500
TOTAL
116,,640*
FINAL ENGINEERING SERVICES
1. Utility Research
4
12
$2,040
2. Field Topographic Survey
8
16
$4,720
3. Base Map
4
8
24
$4,760
4. Demolition Plan
1
4
16
$2,690
5. Precise Grading Plan
1
16
60
$9,770
6. Erosion Control Plan
4
24
$3,480
7. Key Fob Plan
$4,000
8. Estimate of Probable Cost
4
8
4
$2,360
9. Project Specifications
24
16
$6,480
10. Exhibits
2
8
$1,540
SUBTOTAL PROFESSIONAL FEE
$41,840
REIMBURSABLES Time & Materials
$2,500
TOTAL
S44,340*
GRAND TOTAL
$019-8-0*
FA P5543
REVISED
CONDITIONS AND/OR EXCLUSIONS
PICKLEBALL COURTS
CITY OF NEWPORT BEACH
This proposal is based on the following conditions and/or receipt of the following items:
1. Receipt of a Purchase Order and/or /Notice to Proceed (NTP)
2. Key Fob Operating System Details
Additional services that are excluded* from this proposal but could be completed for an additional fee, are:
1. Tasks not included in the enclosed Scope of Work
2. Potholing of Utilities
3. Preparation of Pavement Analysis
4. Preparation of Retaining Wall Calculations and/or Plans
5. Preparation of Traffic Control Plans
6. Preparation of Studies
7. Preparation of SWPPP
8. Preparation of Utility Relocation or Improvement Plans
9. Preparation of Parking Lot Lighting Plans
10. Construction Administrative Services
11. Preparation of Drainage or Storm Drain Plans
12. Preparation of a Water Quality Management Plan (WQMP)
13. Preparation of a Hydrology/Hydraulic Report
14. Preparation of a Horizontal Control Plan
15. Preparation of Legal Description and/or Exhibits
16. Preparation of Landscape/ Irrigation Plans
17. Agency Submittal and Processing
18. Exhibits for Use Agreements
VA
DWENGMEMG
CIVIL • SURVEYING • PLANNING • CONSTRUCTION
HOURLY RATE SCHEDULE
Effective January 1, 2019 thru December 31, 2022
OFFICE PERSONNEL
Principal (PR) $ 220.00
Project Manager (PM) $ 170.00
Construction Manager (CM) $ 170.00
Project Engineer (PE)
$ 150.00
Project Surveyor (PS)
$ 150.00
Senior Engineer (SE)
$ 130.00
Associate Engineer (AE)
$ 120.00
Administration $ 100.00
FIELD SURVEY
Field Survey (FS) $ 220.00
GPS Survey $ 250.00
NOTE: Reproductions, computer plotting, copying, messenger services and other
direct expenses will be charged at cost plus 10%. No additional charges for
mileage, supplies or telephone expenses will be included.
V' P5543
4 EXHIBIT A
LIMITS OF WORK
PICKLEBALL COURTS
CITY OF NEWPORT BEACH
General Project Location
PRINT EXHIBIT IN COLOR
Vt
DMe Engineaing
Civil • Surveying • Planning • Construction
June 29, 2021 JN 1304-03
Addendum 1
Mr. Tom Sandefur, PE
Assistant City Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
SUBJECT: POLICE DEPARTMENT PARKING MODIFICATIONS — CITY OF NEWPORT BEACH
Dear Mr. Sandefur,
Based on the City selected option for the above subject, DMc Engineering has been requested to provide
additional services that were not a part of our original authorization. Therefore, we are pleased to provide you
and the City of Newport Beach with this Addendum 1 to provide these additional Engineering services.
We appreciate the opportunity to continue working with you and the City of Newport Beach on this
project. Upon acceptance, it is our understanding that we will receive authorization in the form of a
purchase order per our Master Agreement. In the interim, should you have any questions, please do
not hesitate to call us.
Sincerely,
Derek J. McGregor, PE, PLS, QSP
Principal
13181 019
18 Technology Drive, Suite loo I Irvine, CA 92618
949.753.9393 ' www.dmceng.com
�JN 1304-03
ADDENDUM1
SCOPE OF WORK
POLICE DEPARTMENT PARKING MODIFICATIONS
CITY OF NEWPORT BEACH
Below are the additional work items and associated fees included in this Contract Addendum:
A. ADDITIONAL ENGINEERING SERVICES
DMc Engineering will prepare one (1) set of Lighting Photometrics for the proposed parking lot in
front of the police station.
2. DMc will provide one (1) set of Lighting Plans for the proposed parking lot in front of the police
station.
3. DMc Engineering will prepare one (1) Retaining Wall Plan and Profile of the proposed retaining wall
as shown on the City selected option.
4. DMc Engineering will prepare one (1) set of Retaining Wall Calculations for the above wall. The
calculation will utilize default/minimum design criteria since soils data is not available.
5. DMc Engineering will submit the plans to the applicable City departments for review. This includes
addressing the comments from each City Department.
ADDITIONAL ENGINEERING FEES
PM
($170)
PE/PS
($150)
AE
($120)
SUBCONSULTANT
FEE
1. Lighting Photometrics
2
$2,000
$2,340
2. Lighting Plans
2
$4,000
$4,340
3. Retaining Wall Plan/Profile
2
4
24
$3,820
4. Retaining Wall Calculations
16
$2,400
5. City Submittal/Reviews
2
24
$3,940
TOTAL PROFESSIONAL FEE16
840
Vt
DMcB*eering
Civil • Surveying • Planning • Construction
October 16, 2020
Mr. Tom Sandefur, PE
Assistant City Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
SUBJECT: UTILITIES YARD OFFICE REMODEL
Dear Mr. Sandefur,
P5495 (R)
In accordance with your request and our site visit, DMc Engineering is pleased to provide you with this proposal to provide
Consulting Services relative to the above subject project. To perform these services DMc Engineering has engaged BOA
Architecture and their Subconsultant Team to provide the Architectural, Electrical, Mechanical, and Structural services for
this project.
We appreciate the opportunity to work with you and the City of Newport Beach on this project. Upon acceptance, it is our
understanding that we will receive authorization in the form of a purchase order per our Master Agreement. In the interim,
should you have any questions, please do not hesitate to call us.
Sincerely,
Derek J. McGregor, PE, PLS, QSP
Principal
DJM: dm
18 Technology Drive, Suite loo I Irvine, CA 92618
949.753.9393 ' www.dmceng.com
F
P5495
SCOPE OF WORK
UTILITIES YARD OFFICE REMODEL
Client (City of Newport Beach) and Consultant (DMc Engineering) for mutual consideration herein set forth, agree as
follows:
DMc Engineering and their Subconsultant Team will provide the following services relative to preparations of plans,
specifications, and estimates (PS&E's) for the rehabilitation of the existing Water Meter Shop at the City's Utilities Yard
into offices.
DESIGN SERVICES
1. The DMc Team will perform a Site Investigation to inventory, locate, document, and
compile the existing interior improvements. This information will be compiled into an As -built plan set.
This plan set will facilitate the preparation of a demolition plan noted below.
2. Based on the above as -built plan set the DMc Team will prepare three (3) Preliminary Alternative Floor Plans
for Owner/User consideration. The selected plan will reflect the following core modifications.
a. Breakroom/Kitchenette/Conference room with Cabinets/Countertops, Refrigerator, Microwave, & Sink
b. Data conduits for the conference table area
c. One (1) private office
d. An additional office with two (2) Workstations
e. Lockers for eight (8) people
f. Central filing cabinet in open space
g. Five (5) workstations in the open area
h. Modification to the west interior wall of the garage to resolve unwanted bird entry
i. Insulation at walls and ceilings and installation of a T -bar ceiling system with ceiling tiles and lightning
This work effort includes one (1) coordination meeting and preparation of a preliminary estimate of
construction cost.
3. DMc Team will prepare an Interior Demolition Plan. This plan will depict the removals of existing interior
improvements to accommodate the above -proposed improvements. In addition to the above, the
demolition will include the following removals.
a. Remove existing large skylights and replace with solar light tubes for natural lightning
b. New door to link office space to the adjacent garage
A
P5495
SCOPE OF WORK (con't)
UTILITIES YARD OFFICE REMODEL
4. Based on the City selected option, DMc Team will prepare the following design plans to address the site and
interior improvements
Civil Plan to address ADA and path of travel to existing ADA parking stalls. This also includes
addressing the impacts the interior slab modifications will have on exterior walkways
Architect's plan to address the interior improvements
c. Electrical plans to address lighting and power needs. This also includes energy calculations
Mechanical plans to address HVAC and interior plumbing modifications
Structural plans to address new walls and concrete slab
5. DMc Team will provide one (1) set of technical specifications and incorporate these specifications into edited
versions of the City's General Provisions.
6. DMc Team will submit the above plans to the City Building and Fire Departments. The team will address
comments generated in these reviews. This assumes two (2) submittals to the City.
7. DMc Team will provide deliverables consisting of plans, specifications, and estimate at the 90% and 100%
levels along with a final bid ready package.
8. In addition to the above, DMc Team will look into resolving the following issues:
Existing cracked and sloped concrete floors. It appears the existing concrete slab will need to be
removed and replaced. This will be based on the City Geotechnical Consultant's evaluation and
recommendations.
All existing windows currently leak and may require the addition of header flashing/awnings.
c. There is currently water intrusion at the West CMU wall. This may require flashing/awning at the
top of the CMU wall.
P5495
SCOPE OF WORK (con't)
UTILITIES YARD OFFICE REMODEL
PROJECT MANAGEMENT SERVICES
To facilitate the preparation of the above PS&E's along with processing the plans and bid ready package, the DMc
Team will provide the following services:
a. Attend Scoping Meeting for the project and prepare meeting summary
b. Receive the City's soils consultant's data on the soils condition beneath the concrete slab. Provide new
concrete slab design based on soils data (replacement only, no repair recommendations).
c. City plan submittals, resubmittals, and responses
d. Prepare Bid package (Combined City Boiler Plate and General Conditions along with the Technical
Specifications)
e. Coordinate with City to advertise the project
f. Attend Pre -Bid Meeting and prepare/issue Project Bid Addendums
g. Receive questions from potential bidders and prepare issue/responses
h. Review Bids and prepare a summary for City review
CONSTRUCTION ADMINISTRATION SERVICES
During Construction the DMc team will provide the following Support Services:
a. Review Contract Documents and submit to City for execution
b. Attend Pre -Construction Meeting and issue meeting summary
c. Review Project Schedule and Construction activity on an as -needed basis. This will be provided on a
time and materials basis.
d. Review and Comment on Construction RFI's
e. Prepare Contract Change Orders (if necessary) and Coordinate for City approval
f. Prepare As -Built Plans based on Contractor's redlines
g. Prepare Project Summary/Close-out Report
i:�
P5495
FEE SCHEDULE
UTILITIES YARD OFFICE REMODEL
Client agrees to compensate consultant for the services as noted below:
Consultant shall perform the services outlined in the Scope of Work in accordance with the Fee Schedule below, plus the
cost for reproductions, computer plotting, copying, and messenger services. The consultant shall invoice the client monthly.
Upon client authorization, additional services not identified herein will be billed on a fixed fee or time and material basis in
accordance with the enclosed Hourly Rate Schedule.
DESIGN SERVICES
PM PE
$170 $150
AE
$120
ADMIN
$100
SUB
FEE
1. Site Investigation
1
16
$2,090
2. Preliminary Alternative Floor Plans
4
32
$4,520
3. Interior Demolition Plan
1
8
$1,000
$2,130
4. Interior Improvements
16 8
56
$6,750
$17,390
5. Technical Specifications
4
4
$500
$1,580
6. City Submittals
4
8
$250
$1,890
7. Deliverables
Included Above
$0
8. Issues
Included Above
$0
SUBTOTAL
JZ9,600
PROJECT MANAGEMENT SERVICES
a. Scoping Meeting
2
$340
b. Soils Coordination
2
$340
c. Plan Submittal
4
$680
d. Bid Package Preparation
20
16
$5,000
e. Project Advertisement
2
$340
f. Pre -Bid Meeting
2
2
$540
g. Bidder Responses/Questions
2
2
$540
h. Review Bids for City Review
2
2
$540
SUBTOTAL
8 320
CONSTRUCTION ADMINISTRATION
SERVICES
a. Contract Review
4
$680
b. Pre -Construction Meeting
4
4
$1,160
c. Project Schedule
4
4
$1,080
d. Review/Comments RFI's
4
10
$1,880
e. Change Orders
2
$340
f. As -Built Plan
1
4
$650
g. Project Summa /Closeout
2
$340
SUBTOTAL
J§J30
SUBTOTAL PROFESSIONAL FEE
S440-50
REIMBURSABLES Time & Materials
$4,000
TOTAL
S48,050
P5495
CONDITIONS AND/OR EXCLUSIONS
UTILITIES YARD OFFICE REMODEL
This proposal is based on the following conditions and/or receipt of the following items:
1. Receipt of a Purchase Order and/or /Notice to Proceed (NTP)
2. Client will be responsible for the Procurement of an Asbestos/Environmental Report if required
3. Client will provide Soils/Geotechnical Report to address cracking of existing Concrete Slab
Additional services that are excluded* from this proposal but could be completed for an additional fee, are:
1. Tasks not included in the enclosed Scope of Work
2. Soils/Geotechnical Engineering Report
3. Hazardous Materials Report
4. 3 -Dimensional Color Renderings
VA
DWENGNEERING
CIVIL • SURVEYING • PLANNING • CONSTRUCTION
HOURLY RATE SCHEDULE
Effective January 1, 2020 thru December 31, 2020
OFFICE PERSONNEL
Principal (PR) $ 220.00
Project Manager (PM) $ 170.00
Construction Manager (CM) $ 170.00
Project Engineer (PE) $ 150.00
Project Surveyor (PS) $ 150.00
Senior Engineer (SE) $ 130.00
Associate Engineer (AE) $ 120.00
Administration $100.00
FIELD SURVEY
Field Survey (FS) $ 220.00
GPS Survey $ 250.00
NOTE: Reproductions, computer plotting, copying, messenger services, and other direct expenses will be
charged at cost plus 10%. No additional charges for mileage, supplies, or telephone expenses will be included.
DMc Dioneering
Ci\il - SurveNing - Planning - Construction
8621-2 On -Call
19F02 filnding
August 18, 2020 P5482
Mr. Tom Sandefur, PE
Assistant City Engineer
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
SUBJECT: POLICE DEPARTMENT PARKING MODIFICATIONS — CITY OF NEWPORT BEACH
Dear Mr. Sandefur,
Based on your email request dated July 30, 2020 along with our site walk on August 6, 2020, DMc Engineering
is pleased to provide you and the City of Newport Beach with this contract proposal to provide Surveying and
Engineering services to evaluate and ultimately add additional parking spaces along with ADA access
improvements at the City of Newport Beach Police Department Headquarters located at 870 Santa Barbara Drive.
We appreciate the opportunity to work with you and the City of Newport Beach on this project. Upon
acceptance, it is our understanding that we will receive authorization in the form of a purchase order
per our Master Agreement. In the interim, should you have any questions, please do not hesitate to
call us.
Sincerely,
Derek J. McGregor, PE, PLS, QSP
Principal
DJM: dm
I CCQO7�cu l
18 Technology Drive, Suite loo I Irvine, CA 92618
949.753.9393 ' www.dmceng.com
MAWAIN- P5482
SCOPE OF WORK
POLICE DEPARTMENT PARKING MODIFICATIONS
CITY OF NEWPORT BEACH
Client (City of Newport Beach ) and Consultant (DMc Engineering) for mutual consideration herein set forth,
agree as follows:
Consultant agrees to perform the following services:
A. PRELIMINARY ENGINEERING SERVICES
DMc Engineering will perform a Site Investigation of the project to visually identify the opportunity
areas where additional parking stall improvements could be added to the existing parking lots and
adjacent private drive.
DMc Engineering will perform a Limited Field Topographic Survey of the areas noted on the
enclosed Exhibit. The survey will cover the areas where additional parking stalls and ADA access
improvements might occur. The horizontal control for the survey will be assumed and the vertical
control will be based on City/County published benchmarks.
DMc Engineering will perform Boundary Research to identify property and access rights of the
private street.
DMc Engineering will prepare a project Base Map based on the results of the above. The base
map will be prepared at a 1"=40' and will utilize the Cities GIS aerial photo as a background
reference.
DMc Engineering will prepare Alternate Layouts where additional parking stalls can be added and
how ADA access from public right-of-way can be improved.
6. DMc Engineering will prepare a Preliminary Construction Cost Estimate (approximate) to construct
each of the alternate layouts.
DMc Engineering will compile the above into a Project Report for routing and discussion by
applicable City Staff and Departments.
B. FINAL ENGINEERING SERVICES
Based on the City selected option, DMc will prepare the following plans and perform the noted tasks below:
DMc Engineering will perform Utility Research in the areas where additional parking and/or
ADA improvements will be constructed.
2. DMc Engineering will perform a Field Topographic Survey to augment the survey performed
in the Preliminary Engineering work effort.
DMc Engineering will compile the above onto the preliminary base map noted above. The
updated base map will be utilized for performing the work tasks noted below.
P5482
SCOPE OF WORK
POLICE DEPARTMENT PARKING MODIFICATIONS
CITY OF NEWPORT BEACH
DMc Engineering will prepare a Demolition Plan in the areas where additional parking and/or
ADA improvements will be constructed.
5. DMc Engineering will prepare a Precise Grading Plan for in the areas where additional parking and/or
ADA improvements will be constructed. This plan will be based on the above City selected areas of
improvement. This includes the preparation of a Title Sheet and Sections and Detail Sheets. The scale of
the plan will be based on the level of detail that is necessary to convey all the appropriate elevations and
construction notes.
DMc Engineering will prepare a Striping and Signage Plan. The scale of the plan will be based on the level
of detail that is necessary to convey all the appropriate elevations and construction notes.
DMc Engineering will prepare an Erosion Control Plan based on the above work. The scale of the plan will
be based on the level of detail that is necessary to convey all the appropriate elevations and construction
notes.
DMc Engineering will prepare an Estimate of Probable Cost for the above improvement plans.
DMc Engineering will prepare a set of Project Specifications including City provided front end (boilerplate)
sections, bid schedule, bid descriptions, and technical specifications.
F� P5482
FEE SCHEDULE
POLICE DEPARTMENT PARKING MODIFICATIONS
CITY OF NEWPORT BEACH
Client agrees to compensate consultant for the services as noted below:
Consultant shall perform the services outlined in the Scope of Work in accordance with the Fee Schedule below, plus the
cost for reproductions, computer plotting, copying, and messenger services. The consultant shall invoice the client monthly.
Upon client authorization, additional services not identified herein will be billed on a fixed fee or time and material basis in
accordance with the enclosed Hourly Rate Schedule.
PRELIMINARY ENGINEERING SERVICES
PM
$170
PE/PS
$150
FS
$220
AE
$120)
FEE
1. Site Investigation
4
$680
2. Limited Field Topographic Survey
16
$3,520
3. Boundary Research
2
4
$1,220
4. Base Map
1
2
24
$3,180
5. Alternate Layouts
2
24
$3,940
6. Cost Estimate
4
8
$1,880
7. Project Report
8
4
$1,960
SUBTOTAL PROFESSIONAL FEE
$16,380
REIMBURSABLES Time & Materials)
$1,600
TOTAL
17M
FINAL ENGINEERING SERVICES 1
1. Utility Research
2
8
8
$3,300
2. Field Topographic Survey
16
$3,520
3. Base Map
2 i
24
16
$5,860
4. Demolition Plan
16
16
$4,320
5. Precise Grading Plan
40
32
$9,840
6. Striping & Signage Plan
8
24
$4,080
7. Erosion Control Plan
4
16
$2,520
8. Estimate of Probable Cost
8
4
$1,960
9. Project Specifications
32
4
$6,040
SUBTOTAL PROFESSIONAL FEE
4
REIMBURSABLES (Time & Materials)
$4,200
TOTAL
$45_"4
(1) The hours/fees for Final Engineering are for budgetary purposes only. The final fee will be determined once
the City has selected the options as identified in the Preliminary and Final Engineering work efforts.
VNP5482
CONDITIONS AND/OR EXCLUSIONS
POLICE DEPARTMENT PARKING MODIFICATIONS
CITY OF NEWPORT BEACH
This proposal is based on the following conditions and/or receipt of the following items:
1. Receipt of a Purchase Order and/or /Notice to Proceed (NTP)
2. The parking lot repairs are limited to isolated removal and replacements and do not include
significant resurfacing and/or gutter replacements
Additional services that are excluded* from this proposal but could be completed for an additional fee, are:
1. Tasks not included in the enclosed Scope of Work
2. Potholing of Utilities
3. Preparation of Pavement Analysis
4. Preparation of Retaining Wall Calculations and/or Plans
5. Preparation of Traffic Control Plans
6. Preparation of Studies
7. Preparation of SWPPP
8. Preparation of Utility Relocation or Improvement Plans
9. Preparation of Parking Lot Lighting Plans
10. Construction Administrative Services
11. Preparation of Drainage or Storm Drain Plans
12. Preparation of a Water Quality Management Plan (WQMP)
13. Preparation of a Hydrology/Hydraulic Report
14. Preparation of a Horizontal Control Plan
15. Preparation of Legal Description and/or Exhibits
16. Preparation of Landscape/ Irrigation Plans
17. Agency Submittal and Processing
K1
CIVIL • SURVEYING • PLANNING • CONSPRUCCION
(PR)
(PM)
(PE)
(PS)
(SE)
(AE)
(FS)
wand P5482
LIMITS OF WORK
POLICE DEPARTMENT PARKING MODIFICATIONS
CITY OF NEWPORT BEACH
PRINT EXHIBIT IN COLOR
0 111111112
DW Fhguin ring
Civil • Surveying • Planning • Construction
February 26, 2020 JN 1304-1
Mr. Tom Sandefur, PE
Assistant City Engineer
100 Civic Center Drive
Newport Beach, CA 92660
tsandefurlvbnewportbeachca.00v
SUBJECT: CNG FACILITY (PRELIMINARY)
Dear Tom,
In accordance with your email request dated February 4, 2020 and subsequent discussions with you, DMc
Engineering is pleased to provide this proposal to provide project management service relative to the
planning, acquisition of services and the design of new CNG facility for the City of Newport Beach. This in
accordance with our on-call service agreement dated January 28, 2020 with the City of Newport Beach.
We appreciate the opportunity to work with you and City of Newport Beach. Upon acceptance, it is our
understanding that we will receive authorization in the form of a purchase order per our Master Agreement,
In the interim, should you have any questions, please do not hesitate to call us.
Sincerely,
Derek J. McGregor, PE, PLS, QSP
Principal
DJM: dm
18 Technology Drive, Suite loo I Irvine, CA 92618
949.753.9393 ' www.dmceng.com
1304-1
SCOPE OF WORK
CNG FACILITY (PRELIMINARY)
Client (City of Newport Beach) and Consultant (DMc Engineering) for mutual consideration herein set
forth, agree as follows:
Consultant agrees to perform the following services
PROJECT MANAGEMENT
1. DMc Engineering will research and consult with experienced Compressed & Natural Gas (CNG)
personnel on the implementation of a CNG facility in the City of Newport Beach maintenance yard
located at Superior Avenue and Industrial Way.
2. DMc Engineering will oversee and facilitate the development of a preliminary CNG site and utility
plans. The plans will depict various options to develop the CNG facility. This includes presenting
the options to applicable vested parties and stakeholders for input, comments, and ultimately
approval for going forward with a final site plan. The plans will be based on record utilities and site
maps the City has on file.
3. DMc Engineering will meet Southern California Gas (SCG) to discuss opportunities and constraints
for development of the CNG facility. This includes discussions with SCG and others on financing,
including grants and/or bond/financing.
4. DMc Engineering will identify and compile the regulatory requirements from applicable agencies
that oversee CNG facilities.
5. DMc will assemble all the above information into a final developed package that includes site plans,
performance criteria, regulatory requirement, schedules and cost.
6. DMc Engineering will research the pros and cons of proceeding with two contract scenarios. One
would have separate contracts for design, construct and operate and maintain versus one
design/build/operate/maintain contract. DMc will consult with the City on which of the two would
be the preferred method to contract for design, construction and operation and maintenance of the
facility.
7. DMc Engineering will utilize the above to prepare a Request For Proposal (RFP) or Request for
Bid (RFB) for the City selected method to contract for services.
8. DMc Engineering will evaluate the results of the RFP or RFB and perform the necessary
background checks and make a recommendation to City staff for award of a contract.
1304-1
FEE SCHEDULE
CNG FACILITY (PRELIMINARY
Client agrees to compensate consultant for the services as noted below:
Consultant shall perform the services outlined in the Scope of Work in accordance
with the Fee Schedule
below. Consultant shall invoice client monthly on a fixed fee basis in accordance with the fee schedule
below. Upon client authorization, additional services not identified herein will be billed on a fixed fee or
time and material basis in accordance with the approved Hourly Rate Schedule
in the master agreement.
PROJECT MANAGEMENT PE PM
FEE
($150) $170
1. Research 8
$1,360
2. Preliminary Site/Utility Plan 60 32
$14,440
3. SCG/Financing Opportunities 4 12
$2,640
4. Regulatory Requirement 8 16
$3,920
5. Development Package 24 50
$12,100
6. Bid Options 16
$2,720
7. RFP 4 16
$3,320(2)
8. Award 4 12
$2,640(2)
SUBTOTAL
$43,140
Reimbursables
$2000)
TOTAL PROFESSIONAL FEE
$43,340
Reimbursements include the cost for reproductions, computer plotting, copying and
messenger services.
(2) Based on a maximum of (2).
.
F ME 1304-1
Ad CONDITIONS AND/OR EXCLUSIONS
CNG FACILITY (PRELIMINARY)
This proposal is based on the following conditions and/or receipt of the following items:
1. Receipt of a purchase order
2. Receive an AutoCAD file of the subject that includes utilities and topographic map.
3. Receive City fleet data and fuel consumption demand
Additional services that are excluded* from this proposal but could be completed for an
additional fee, are:
1. Tasks not included in the enclosed Scope of Work
2. Prepare aerial topographic map
3. Perform utility research/potholing
*Exclusions are not limited to the above items.
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9
ON-CALL PROFESSIONAL SERVICES AGREEMENT
V WITH DEREK J. MCGREGOR, INC. DBA DMC ENGINEERING FOR
PROJECT MANAGEMENT SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
made and entered into as of this 28th day of January, 2020 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and charter
city ("City"), and DEREK J. MCGREGOR, INC. DBA DMC ENGINEERING, a California
corporation ("Consultant"), whose address is 18 Technology Drive, Suite 100, Irvine,
California 92618, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide comprehensive professional project
management services on an on-call/as-needed basis. ("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 9, 2022, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal"). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services,
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall
diligently perform the duties in the approved Letter Proposal.
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 and the Letter Proposal. 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 and the Letter Proposal,
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 Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Three Hundred Thousand Dollars and 001100 ($300,000.00), 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
Derek J. McGregor, Inc. DBA DMC Engineering Page 2
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 and the Letter Proposal 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.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
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 Derek J. McGregor, PE,
PLS, QSP 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
Derek J. McGregor, Inc. DBA DMC Engineering Page 3
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.
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
Derek J. McGregor, Inc. DBA DMC Engineering Page 4
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
10.2 Consultant agrees and acknowledges that no individual performing
Services or Work pursuant to this Agreement shall: work full-time for more than six (6)
months; work regular part-time service of at least an average of twenty (20) hours per
week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or
already be a CalPERS member.
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.
Derek J. McGregor, Inc. DBA DMC Engineering Page 5
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 and the Letter Proposal. 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.
Derek J. McGregor, Inc. DBA DMC Engineering Page 6
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 CADD data delivered to City shall include the professional stamp of the
engineer or architect in charge of or responsible for the Work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide Consultant
with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall
be transmitted to City in formats compatible with Microsoft Office and/or viewable with
Adobe Acrobat.
17.4 All improvement and/or construction plans shall be prepared with indelible
waterproof ink or electrostatically plotted on standard twenty-four inch (24") by thirty-six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City `As -Built' drawings and a copy of digital Computer Aided Design and Drafting
("CADD") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
18. 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.
19. 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
Derek J. McGregor, Inc. DBA DMC Engineering Page 7
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. 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.
21. 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.
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 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)
Derek J. McGregor, Inc. DBA DMC Engineering Page 8
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 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.
25. NOTICES
25.1 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.
25.2 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
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Derek J. McGregor, PE, PLS, QSP
Derek J. McGregor, Inc. DBA DMc Engineering
18 Technology Drive, Suite 100
Irvine, CA 92618
26. 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.).
Derek J. McGregor, Inc. DBA DMC Engineering Page 9
27. TERMINATION
27.1 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.
27.2 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 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.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 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.
28.5 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.
Derek J. McGregor, Inc. DBA DMC Engineering Page 10
28.6 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.
28.7 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.
28.8 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.
28.9 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.
28.10 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.
28.11 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.
28.12 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]
Derek J. McGregor, Inc. DBA DMC Engineering Page 11
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: 11612-0
By:
ron C. Harp Mu I•Io.L0
City Attorney
ATTEST:
Date.—
Leilani 1.
Brown
City __r,.
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: Xz6AaZ.O
By: e�� cc_'*e
Will O'Neill
Mayor
CONSULTANT: Derek J. McGregor, Inc.
DBA DMC Engineering, a California
corporation
Date:
By:
Signed in Counterpart
Derek J. McGregor
President/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Derek J. McGregor, Inc. DBA DMC Engineering Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date:_ 1 /&/�2 0 Date:
BY: ,� 4 By:
Aaron C. Harp Will O'Neill
City Attorney Mayor
ATTEST:
Date:
Leilani I. Brown
City Clerk
CONSULTANT: Derek J. McGregor, Inc.
DBA DMC Engineering, a California
corporation
Date: i - .1. � 1- zo
By.-
Derek
y:Derek J. McGregor
President/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
Exhibit C - Insurance Requirements
Derek J. McGregor, Inc. DBA DMC Engineering Page 12
EXHIBIT A
SCOPE OF SERVICES
ON-CALL PROFESSIONAL PROJECT MANAGEMENT SERVICES
Consultant shall provide project management services required to complete the design
and construction of City capital improvements and maintenance projects, as requested in
writing by City, including, but not limited to, streets improvements, parks, facility
improvements and rehabilitations, and other public infrastructure projects.
Consultant shall provide such services, as requested in writing by City, for the following..
■ Prepare a scope of work to be used for either in-house or consultant design
■ Provide public outreach services (i.e., town hall meetings, HOA meetings, City
Council meetings, etc.)
■ Provide scoping services for future improvements to the City's various master
plans
■ Administer project compliance with relevant permits and entitlements
■ Provide interdepartmental coordination of facility improvements
■ Provide prioritization of various program projects based on funding and criticality
of the work
• Prepare plans and specifications
■ Provide bid support
■ Provide construction management support and oversight, if required
■ Other project management -related tasks, as necessary
Derek J. McGregor, Inc. DBA DMC Engineering Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
ON-CALL PROFESSIONAL PROJECT MANAGEMENT SERVICES
AV64
DA11c ENMTEMNG
CNIL • SURIMNG • PLANNING • CONSTRUMON
HOURLY RATE SCHEDULE
Effective Januar` 1, 2019 thru December 3-1,2022
."�FFii=:E PERSONNEL
Principal (PR) $ 220.00
Project Manager (PA�1) $ 170.00
COnstRlction Manager (Clad) $ 170.00
Project Engineer (PE) $150-00
Project Surveyor (P$) $ 150.00
Senior Engineer (SF) $ '130.00
Associate Engineer (AE) $ 120.00
Administration
NOTE- Reproductions, computer plotting, copying, messenger services and other direct
expenses will be charged at cost plus 10%. No additional charges for mileage, supplies or
telephone expenses will be included.
Derek J. McGregor, Inc. DBA DMC Engineering Page B-1
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.
Derek J. McGregor, Inc. DBA DMC Engineering 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
Derek J. McGregor, Inc. DBA DMC Engineering 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.
Derek J. McGregor, Inc. DBA DMC Engineering 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.
Derek J. McGregor, Inc. DBA DMC Engineering Page C-4
Reyes, Raymund
From: Customer Service <customerservice@ebix.com>
Sent: Wednesday, May 06, 2020 4:49 PM
To: Reyes, Raymund; Insurance
Cc: sagar@ebix.com
Subject: Compliance Alert -Vendor Number FV00000040
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Compliance for certificate of insurance requirements. Vendor Number FV00000040 Insured: Derek J. Mcgregor, Inc. DBA
Dmc Engineering
Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.