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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. H)- - vI- - -- ?�-O000-zvFI` X108 FILESIIy Cil, OI Nw: Baa.0_ CO Prtry¢cl Maragemenl5erv¢M MxslerdM NumWr COWL CM ENOOM�13W�I Pmp—l.O , LE N 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 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. 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.