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HomeMy WebLinkAboutC-8170-2 - On-Call PSA for Civil Engineering ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS FOR CIVIL ENGINEERING SERVICES THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of this 26th day of July, 2022 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PSOMAS, a California corporation ("Consultant"), whose address is 555 South Flower Street, Suite 4300, Los Angeles, California 90071, 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 civil engineering and related 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 July 25, 2025, 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 00/100 ($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. PSOMAS Page 2 4.2 Upon the first anniversary of the Effective Date and upon each anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B ("Billing Rates") may be adjusted by an increase not to exceed 2.0% to the Billing Rates. Consultant shall notify City in writing of any requests for adjustment pursuant to this Section at least thirty (30) days prior to the Effective Date of such adjustment, and provide updated billing rates. Adjusted billing rates shall be approved in writing by City prior to use. The maximum adjustment increase to the Billing Rates, for any year where an adjustment is made pursuant to this Section, shall not exceed 2.0% of the Billing Rates in effect immediately preceding such adjustment. 4.3 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.4 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. 4.5 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 Joseph L. Boyle, PE 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. PSOMAS Page 3 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and legally recognized professional standards. 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. PSOMAS Page 4 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 any person or entity owning or otherwise in legal control of the property upon which Consultant performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), and which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, or the negligent or reckless acts, errors and/or omissions, or the willful misconduct, of Consultant in performance of the Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions of Consultant's 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 to the extent arising from the negligence, reckless or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 9.3 Notwithstanding the foregoing, to the extent this Agreement includes design professional services under Civil Code Section 2782.8, as may be amended from time to time, such duties of Consultant to indemnify and defend shall only be to the full extent permitted by Civil Code Section 2782.8. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this PSOMAS Page 5 Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -venture or syndicate or co -tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. PSOMAS Page 6 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. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or PSOMAS Page 7 for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. 17.4 All improvement and/or construction plans shall be plotted on standard twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City digital `As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30) days after finalization of the Project. 18. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to Consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. PSOMAS Page 8 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seg., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. PSOMAS Page 9 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Joseph L. Boyle, PE PSOMAS 5 Hutton Centre Drive, Suite 300 Santa Ana, CA 92707 27. CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured PSOMAS Page 10 within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES 29.1 If any of the Work contemplated under the Agreement is considered a "public work", pursuant to the applicable provisions of the Labor Code of the State of California, including but not limited to Section 1720 et seq., not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman shall be paid to all workmen employed on such. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Consultant is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 29.2 In such event, unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. Unless otherwise exempt by law, Consultant warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Consultant further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute PSOMAS Page 11 thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 30.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. PSOMAS Page 12 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] PSOMAS Page 13 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: 7/ !3/ZZ By: 'lJ (P, on C. Harp -7113blu_ Ci y Attorney .fD ATTEST - Date: Date: 0 CITY OF NEWPORT BEACH, a California municipal corporation Date. - By: K vin Muldoo Mayor CONSULTANT: PSOMAS, a California corporation Date: Signed in Counterpart By: Joseph L. Boyle Vice President = SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements PSOMAS Page 14 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: -?/19/ ZZ . 0 .. ATTEST: Date: 11 Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONSULTANT: PSOMAS, a California corporation Date: ? 1 Z-&Z— By- I a7 ose h L. Boyle .ce resident [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements PSOMAS Page 14 EXHIBIT A SCOPE OF SERVICES ON -CALL CIVIL ENGINEERING Civil Engineering services shall include conceptual and final design of a wide variety of City capital improvement and maintenance projects. The Consultant shall have the ability to provide in-house services, or capacity to subconsultant, for the following areas: ■ Provide full plans, specifications, and estimates for a broad -range of civil engineering disciplines. ■ Provide cost estimating and value engineering services ■ Provide bid support and preparation of record drawings ■ Provide construction support, administration, and management services ■ Provide construction traffic control concepts and plans ■ Provide project -specific professional surveying services ■ Review public/private development plans and maps ■ Provide regulatory permitting support ■ Prepare various studies and supporting documentation, including hydrology and hydraulic analysis, water and sewer studies and network analysis ■ Prepare/review NPDES reports, Water Quality Management Plan (WQMP) and Storm Water Pollution Prevention Plans (SWPPP) ■ Prepare maps and legal descriptions for right-of-way acquisition and easements ■ Other engineering -related tasks, as necessary Consultant shall perform the on -call services described in the Scope of Services. Upon written request from the City Project Administer or designee, Consultant shall provide a letter proposal for specific services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include, but is not limited to, the following: ■ A detailed description of the Scope of Services to be provided; • The Contract number; ■ The Title/Position of each person who will be performing the work; ■ The hourly rates of each provider; and ■ Any anticipated consumable, material, or ancillary cost to perform the services. PSOMAS Page A-1 Balancing the Natural and Built Environment April 6, 2022 Michael J. Sinacori, Assistant City Engineer City of Newport Beach, Department of Public Works 100 Civic Center Drive Newport Beach, CA 92660 Subject: On -Call Professional Civil Engineering Services (RFP No. 22-51) Dear Mr. Sinacori: Psomas has a long history of working with the City of Newport Beach and we are grateful for the relationships we have developed with your various staff members. The Psomas team has the background, resources, track record, and relevant experience in successfully delivering projects to the City of Newport Beach and to numerous other local cities with great success. I, Psomas' Project Director, Joseph Boyle, PE, have more than 37 years of experience delivering services to public agencies. The most important attributes I can offer the City are responsiveness, flexibility, and understanding of technical and community issues. All of these attributes are the reason Psomas is a solid choice for the City. When you select the Psomas team, you can expect the following benefits: ► Responsiveness: Being responsive to an on -call task order request is second nature to Psomas. As a firm, we have more than 30 as -needed public agency contracts, and over 75% of those are with repeat clients. One of the keys to successfully managing on -call contracts is Joe's commitment to responsiveness and meeting the City's response time requirements. ► Flexibility: Demonstrating flexibility means being able to expand and contract to the needs of the City on short notice. This can be difficult for many firms given they may not have the resources to deliver these types of services, but not for Psomas. To augment staff named in this proposal, Psomas can draw upon additional resources throughout the firm. ► Understanding the Newport Beach Community: The City has a reputation for being a vibrant place to live, work, and visit. This reputation has come as a result of both staff and your consultants understanding the community they are serving as well as a commitment to going above and beyond. The Psomas team understands the City's goals for delivering projects on time and within budget and Psomas is the right firm to deliver innovative, timely and cost-effective professional solutions to enhance the community and quality of life of your residents. As a local Southern California firm, Psomas is in the position to respond to the City's needs quickly and with staff who are qualified and team players. Should you have any questions, please contact me by phone at (714) 481-8060 or by email at JoeBoyle@Psomas.com. Sincerely, PSOMAS 5 Hutton Centre Drive Suite 300 Santa Ana, CA 92707 Joseph Boyle, PE Vice President/Principal-in-Charge Tel 714.751.7373 Fax 714.545.8883 www.Psomas.com Firm History Founded in 1946, Psomas has grown into a full -service consulting firm with over 70o employees in offices throughout California, Arizona, Washington, and Utah. Psomas is an employee -owned California corporation. Our firm specializes in transportation, water/wastewater/stormwater and facilities, infrastructure, and development services. Ranked as one of ENR's Top 200 Design Firms, we offer civil engineering, program/construction management, environmental consulting, GIS consulting, land surveying, and planning and entitlements to the public and private sectors. Psomas has established a reputation on the front lines of sustainable SANTA ANA OFFICE engineering with many LEED-rated projects as well as with our involvement in the 5 Hutton Centre Drive Institute of Sustainable Infrastructure (ISI) through Tim Psomas and his leading Suite 300 efforts on Envision. Envision is a sustainability rating system supported by ISI, Santa Ana, CA 92707 APWA, ASCE, and ACEC. It has been created to evaluate, grade, and give recognition to infrastructure projects that provide progress and contributions for a sustainable future. Our commitment to ISI and Envision is extremely important to us, as evidenced in the credentialing of our staff. The cornerstone of our business approach is to focus on our clients' long-term needs and guide our strategic growth to meet those needs. Our core strength is our multi -disciplined teams of experts supported by key subconsultant experts in supporting disciplines. Our top-notch staff produces award -winning projects for our clients through innovation, creativity and cutting -edge technical expertise. Psomas offers the City an experienced team of professionals with proven records in providing design services for civil design projects and in meeting project budget and schedule constraints. The team's project successes, and our successful track record on relevant projects for municipal agencies, will provide the additional benefits of experience and expertise. The operational structure of Psomas is designed to encourage close inter - working relationships and collaboration among the various disciplines within the firm. Qualifications Psomas meets all of the minumum qualifications stated in the RFP. Resumes, provided in Section 2 of this proposal, demonstrate the Psomas team's relevant qualifications and lists their relevant registrations and certifications, including valid California Professional Engineering licenses. Project descriptions, provided in Section 3 of this proposal, showcase our decades of experience providing civil engineering services in Southern California, our familiarity with City of Newport Beach standards and provisions, our professional work history with similar -sized municipalities, with satisfactory references, and our experience providing professional services for a coastal community. Psomas has the ability to provide deliverables consistent with the latest version of City - adopted AutoCAD and other engineering/drafting-related software. Your projects depend on a trusted, comprehensive and solid team for successful delivery. The Psomas team has been designed to fulfill this role — not only to be responsive to the City's needs, but to staff your projects with reliable and experienced professionals who will be there until project completion. We are ready to supplement your staff throughout the life of your projects with our multi -discipline wealth of resources to call upon on a moment's notice. Organization Chart The organization chart below identifies the Psomas Team members, their roles, and the lines of communication. Resumes are provided on the following pages. Bob Talafus, PE, QSD, ENV SP Senior Project Manager (Street/Storm Drain) Matt Heideman, PE, QSD/QSP, ENV SP Project Manager (Street/Storm Drain) Henry Nguyen, PE, QSD/P, LEED AP, ENV SP Project Engineer (Street/Storm Drain) Michael Sinacori, PE PROJECT MANAGER Joseph Boyle, PE Nancy Baker, PE, ENV SP Senior Project Manager - Water Facilities Maira Salcedo, PE, ENV SP Senior Project Manager - Sewer Facilities Michael Swan, PE Water/Sewer Planning and Modeling; Underground Utility Assessment District Services David Moritz, PLS Survey Manager Steve Price, PLS Project Surveyor Robert Could Field Survey Tom Pilarski, PLS Subsurface Utility Engineer Arief Naftali, PE, TE, EE, ENV SP, RSPI Traffic Project Manager Darlene Yellowhair, PE, TE, PTOE, RSP, ENV SP Traffic Engineer Nam Nguyen, EIT, ENV SP Traffic Engineer Pat Castro, PE, PMP, DBIA, LEED AP, [CC Construction Manager and Inspector Everett "Butch" Butcher, PE Construction Manager and Inspector Eric Schlichter Inspector Doug Fredericks, PE, ENV SP Structural Engineer Sean Noonan, AICP Environmental Planner Alia Hokuki, AICP Environmental QA/QC Brad Blood, PhD Senior Biologist and Regulatory Specialist Charles Cisneros, RPA Cultural Resources Manager REGISTRATION 1989/CA/Professional Engineer/Civil/44497 EDUCATION 1984/BS/Civil Engineering/ California Polytechnic State University, San Luis Obispo EXPERIENCE With Psomas for 25 years; with other firms for 12 years REGISTRATION 1984/CA/Professional Engineer/Civil/38832 EDUCATION 1984/Coursework/Civil Engineering/California State Polytechnic University, Pomona CERTIFICATIONS Envision Sustainability Professional/Institute for Sustainable Infrastructure Qualified SWPPP Developer/Stormwater Multiple Application and Report Tracking System EXPERIENCE With Psomas for 16 years; with other firms for 24 years Joseph Boyle, PE I Project Director/Principal-in-Charge Joe Boyle has 37 years of experience in the planning and design of wastewater facilities, water transmission, distribution, and storage facilities. He has prepared plans and specifications for water and sewer main, storm drain, and roadway design, as well as provided construction phase services. Mr. Boyle also has extensive experience in the planning and design of public works projects, including site development, grading and storm drain design, and streets and highways. Experience ► Principal -in -Charge; Water Transmission Main Valve Replacements Phase 2, City of Newport Beach, CA Principal -in -Charge; Rehabilitation of Well 29, City of Santa Ana, CA ► Principal -in -Charge; Cast Iron Main Replacement, Rosebay Street, Long Beach Water Department, Long Beach, CA Project Manager; Rehabilitation/Replacement of Pressure Reducing Station Nos. 30, 31, 32, and 43, and Construction of a New PRS No. 73, City of Anaheim, CA ► Principal -in -Charge; Water Main Replacement, City of El Monte, CA ► Project Manager; La Palma Complex Reservoir Rehabilitation and Pump Station Replacement, City of Anaheim, CA Project Manager; Walnut Pump Station Upgrade, City of Santa Ana, CA ► Principal -in -Charge; On -Call Design Services for Capital Improvement Plan Sewer Improvements for Various Locations, City of Hermosa Beach, CA Bob Talafus, PE, QSD, ENV SP I Senior Project Manager (Street/Storm Drain) Bob has over 40 years of experience on both public and private projects. He has served as Principal -in -Charge and Project Manager on land development and public works projects, and has been responsible for providing client contact and interaction, maintaining liaison with team consultants, managing projects, supervising design staff, maintaining quality control, and processing plans through governmental agencies. Bob's project experience includes parks and recreation, public works, residential and commercial site design, site grading and paving design, roadway design, hydrology, storm drain design, water distribution systems, and sewer systems for numerous projects throughout Southern California. Experience ► Principal -in -Charge; Cameo Highlands Street Reconstruction, City of Newport Beach, CA Principal -in -Charge; 15th Street/Balboa Boulevard Revitalization, City of Newport Beach, CA Principal -in -Charge; end Street and Pacific Coast Highway Retail Center, CenterCal Properties, LLC, Long Beach, CA Project Manager; Vista Del Prado, Raintree Evergreen Management, LLC, Dana Point, CA - Principal -in -Charge; The Irvine Company Headquarters, 520 Newport Center Drive, City of Newport Beach, CA Project Director; Lake Forest Sports Park Preliminary and Final Grading and Drainage, City of Lake Forest, CA REGISTRATION 1996/CA/Professional Engineer/Civil/55639 EDUCATION 1993/BS/Civil Engineering/ University of California, Irvine CERTIFICATIONS Envision Sustainability Professional/Institute for Sustainable Infrastructure Qualified SWPPP Developer and Practitioner/ Stormwater Multiple Application and Report Tracking System/00904 EXPERIENCE With Psomas for 24years; with other firms for 4 years REGISTRATION 2011/CA/Civil Engineer/78156 EDUCATION 2005/BS/Civil Engineering/ University of California, Irvine CERTIFICATIONS Qualified SWPPP Developer/Practitioner/ California Stormwater Quality Association/22478 Envision Sustainability Professional/Institute for Sustainable Infrastructure LEED AP/U.S. Green Building Council EXPERIENCE With Psomas for 6 years; with other firms for 11 years Matt Heideman, PE, QSD/QSP, ENV SP Project Manager (Street/Storm Drain) Matt Heideman has 28 years of experience in all aspects of land development engineering. He has worked on residential, commercial, and industrial projects throughout Southern California, and has managed the design of mass grading, precise grading, storm drain, sewer, water, reclaimed water, widening of existing streets and highways, new street improvements, parking lots, street lighting, retaining walls, box culverts and vesting tentative tract maps for projects ranging from 10 acres to over 1,000. Matt specializes in large residential, commercial, or industrial master plan developments. This background affords him keen insight into the entire land development process -- from infrastructure and improvements of existing facilities to site development. Experience ► Project Manager; Cameo Highlands Street Reconstruction, City of Newport Beach, CA ► Project Manager; 15th Street/Balboa Boulevard Revitalization, City of Newport Beach, CA ► Project Manager; Manchester Cast Member Parking Lot, The Walt Disney Company/Disneyland Resort, Anaheim, CA ► Project Manager; Lake Forest Sports Park Preliminary and Final Grading and Drainage, City of Lake Forest, CA ► Project Manager; As -Needed Engineering Design and Support Services, Water Resources, County of Los Angeles, CA Henry Nguyen, PE, QSD/P, LEED AP, ENV SP Project Engineer (Street/Storm Drain) Henry Nguyen is a Project Engineer with 17 years of experience. Henry has worked on a variety of land development projects in Southern California. His background includes experience with hydrology and hydraulic studies, water and sewer system analysis, storm water pollution prevention plans, and water quality management plans. Experience ► Project Engineer; Via Lido Outer Ring Roadway Rehabilitation, Newport Beach, CA ► Project Engineer; Balboa Peninsula Alley Reconstruction Project, Newport Beach, CA ► Project Engineer; Cameo Highlands Street Reconstruction, Newport Beach, CA ► Project Engineer; Vista Del Prado, Dana Point, CA ► Project Engineer; Balboa Boulevard and Newport Boulevard Pavement Rehabilitation Project Design, Newport Beach, CA ► Project Engineer; Lux Apartments Costa Mesa, Costa Mesa, CA ► Project Engineer; 2nd Street and Pacific Coast Highway Retail Center, Long Beach, CA ► Project Engineer; City of Los Angeles, Staff Augmentation for Design Support & Construction Engineering (TOS 111), Los Angeles, CA REGISTRATION 2005/CA/Professiona I Engineer/Civil/67448 EDUCATION 1999/BS/Civil Engineering/ California State University, Long Beach CERTIFICATIONS Envision Sustainability Professional/Institute for Sustainable Infrastructure EXPERIENCE With Psomas for 3 years; with other firms for 30 years REGISTRATION 2011/CA/Professional Engineer/Civil/77370 EDUCATION 2006/BS/Civil Engineering/ California State University, Fullerton CERTIFICATIONS Envision Sustainability Professional/Institute for Sustainable Infrastructure Pipeline Assessment Certification Program/ NASSCO/U-508-7002 EXPERIENCE With Psomas for 15 years; with other firms for 1 year Nancy Baker, PE, ENV SP I Senior Project Manager - Water Facilities Nancy has 33 years of civil engineering experience in the water industry. She has extensive knowledge and experience in project management and the planning and design of water and wastewater facilities including pipelines, pumping facilities, lift stations, pressure reducing stations, domestic water well equipping, and water and wastewater treatment facilities. Nancy's pipeline experience includes over 15o miles of new pipeline design and rehabilitations projects for water mains and recycled water mains ranging in diameter from 6 to 48 inches. Experience ► Project Manager; Water Transmission Main Valve Replacements Phase 2, City of Newport Beach, CA ► Project Manager; Bombero Street 6-inch Recycled Water Pipeline, Orange County Water District, Newport Beach, CA ► Project Manager/Project Engineer; Coastal function (CM-10) Valve Replacement, South Coast Water District, Irvine, CA ► Project Manager/Project Engineer; Miscellaneous Water Vault Rehabilitation, Replacement, and/or Abandonment Project, M-2, M-3, M-8, M-10, M-25, M-26, M-33, M-49, M-55, M-68, and M-94; City of Anaheim, CA ► Project Manager/Project Engineer; Large Valve Replacement, Long Beach Water Department, Long Beach, CA ► Project Manager; Cast Iron Main Replacement Project-Rosebay Street (MC-5185), Long Beach Water Department, Long Beach, CA Maira Salcedo, PE, ENV SP I Senior Project Manager - Sewer Facilities Maira has 16 years of experience in design of sewer systems, water systems, and report preparation on public works projects throughout Southern California. Her computer experience includes AutoCAD (including Civi13D), ArcView, MS Project, and various spreadsheet and word processing software packages. Experience ► Project Manager; 2018 Sewer Rehabilitation Project, Rossmoor/Los Alamitos Area Sewer District, Rossmoor/Los Alamitos, CA ► Project Manager; 2015 Sewer Rehabilitation Project, Rossmoor/Los Alamitos Area Sewer District, Rossmoor/Los Alamitos, CA ► Project Manager; Cerritos Avenue from Euclid Street to Alley East of 9th Street Sewer Siphon Removal, City of Anaheim, CA ► Project Manager; On -Call Design Services for CIP 19-421 Sewer Improvements, City of Hermosa Beach, CA ► Project Manager; On -Call Design Services for CIP 17-416 Sewer Improvements, City of Hermosa Beach, CA ► Project Manager; Del Amo 5 Sewer Relief Project, City of Torrance, CA ► Project Manager; 45th Street East Extension Trunk Sewer Project, City of Palmdale, CA REGISTRATION 1975/C A/P rofess i o n a l Engineer/Civil/25737 EDUCATION 1970/BS/Civil Engineering/ University of California, Davis EXPERIENCE With Psomas for 19 years; with other firms for 27 years REGISTRATION 2016/CA/E E/21570 2005/CA/TE/2296 2003/CA/P E/Civi I/64286 CA/R S P/552 EDUCATION 2004/MS/Civil Engineering (Transportation Engineering)/CSU Long Beach 2001/MA/Organizational Management/Azusa Pacific University 1999/BS/Civil Engineering/ California State Polytechnic University, Pomona CERTIFICATIONS ENV SP/Institute for Sustainable Infrastructure EXPERIENCE With Psomas for 8 years; with other firms for 13 years Michael Swan, PE I Water/Sewer Planning and Modeling; Underground Utility Assessment District Services Mike Swan has 46 years of experience in project engineering and management of diverse public works and public finance projects throughout Southern California. He has extensive experience in water resources master planning and design, as well as the development and implementation of financing for these and other public works projects. Experience ► Assessment Engineer; Underground Utility and Infrastructure Improvements, City of Laguna Beach, CA ► Special Tax Consultant; Pacific City Community Facilities District, City of Huntington Beach, CA ► Special Tax Consultant; Bella Terra Community Facilities District, City of Huntington Beach, CA ► Project Manager; On -Call Water System Modeling, City of El Monte, CA ► Project Manager; 2020 Sewer Master Plan Update, Yorba Linda Water District, Yorba Linda, CA ► Project Manager; Arbor Street and Locust Avenue Sewer Improvement, Long Beach Water Department, Long Beach, CA ► Project Manager; Combined East Area Master Plan of Sanitary Sewers and Financial Implementation Plan, City of Anaheim, CA ► Project Manager; Water Main Replacement, City of El Monte, CA Arief Naftali, PE, TE, EE, ENV SP, RSPI Traffic Project Manager Arief Naftali is a licensed civil, traffic, and electrical, engineer in California with 21 years of hands-on professional experience in the design and management of various road, traffic, civil, site, highway, and engineering projects serving multiple local and regional agencies in Southern California, including Caltrans. Arief is adept in roadway infrastructure, site development, active transportation, traffic engineering, outdoor electrical, and transportation planning projects, delivering improvement needs to local and regional communities alike. Arief's project portfolio encompasses a full range of projects starting from planning and design, through construction. Experience ► Project Manager; Catalina Street Permanent Roundabout, City of Laguna Beach, CA ► Project Manager; Street Lighting Design for Coast Highway, City of Laguna Beach, CA ► Traffic Engineer; Westminster Active Transportation Plan, City of Westminster, CA ► Traffic Engineer; 2nd Street and Pacific Coast Highway Retail Center, CenterCal Properties, LLC, Long Beach, CA ► Project Manager; Glendale Boulevard/Hyperion Avenue Complex of Bridges Traffic Study, City of Los Angeles, CA ► Project Manager; Fontana Active Transportation Plan, City of Fontana/ Alta Planning + Design, Fontana, CA REGISTRATION 2017/CA/Traffic Engineer/2827 EDUCATION 2006/MS/Civil Engineering/ Cornell University 2004/BS/Civil Engineering/ University of Arizona CERTIFICATIONS RSP/Transportation Professional Certification Board Inc./169 ENV SP/Institute for Sustainable Infrastructure PTOE/Transportation Professional Certification Board Inc./3123 LEED AP/USGBC EXPERIENCE With Psomas for 15 years EDUCATION 2015/BS/Civil Engineering/ California State Polytechnic University, Pomona CERTIFICATIONS 2015/Engineer in Training/154995 Envision Sustainability Professional/Institute for Sustainable Infrastructure EXPERIENCE With Psomas for 7 years Darlene Yellowhair, TE, PTOE, RSP, ENV SP Traffic Engineer Darlene has extensive experience with a variety of traffic engineering projects, including traffic impact studies, traffic reports, safety studies, signal warrant studies, corridor studies, signal timing and coordination, signing and striping design, and traffic signal design. She also has experience with design and studies for alternate modes of travel, Road Safety Assessments, transportation planning, and roadway design. Darlene is well -versed in Synchro, SimTraffic, HCS, SIDRA, and GIS, and has experience with AutoCAD, MicroStation, and InRoads. Experience ► Traffic Engineer; Dana Point Town Center at Pacific Coast Highway and Del Prado, City of Dana Point, CA ► Traffic Engineer; Glendale Boulevard/Hyperion Avenue Complex of Bridges Traffic Study, City of Los Angeles, CA ► Traffic Engineer; Coronado Cays Entrance Improvements and Bayshore Bikeway Traffic Study, City of Coronado, CA ► Lead Traffic Engineer; Mt. San Antonio College, Transit Center, Walnut, CA ► Traffic Engineer; West Anaheim Street Rehabilitation and Reconstruction, Port of Long Beach, Long Beach, CA ► Traffic Engineer; SR 138 Southbound Off -Ramp at Palmdale Boulevard and Interchange Improvements, City of Palmdale, CA ► Traffic Engineer; Loker Medical Arts Pavilion Traffic Study, City of Los Angeles, CA Nam Nguyen, EIT, ENV SP I Traffic Engineer Nam Nguyen has been responsible for various design and drafting assignments focusing on public works and transportation projects throughout Southern California. Having successfully developed many traffic engineering construction documents, he is well - versed in the guidelines and standards that govern the making of geometric/signing, striping, traffic control, signal modification, and street improvement plans. Nam also possesses strong MicroStation, AutoCAD, and Civil 3D skillsets. Experience ► Project Designer; Catalina Street Permanent Roundabout, City of Laguna Beach, CA ► Project Designer; Vista Del Prado, Raintree Evergreen Management, LLC, Dana Point, CA ► Project Designer; Pelican Hill Golf Club Sewer Pipeline Rehabilitation, Irvine Ranch Water District, Newport Coast, CA ► Project Designer; 2nd Street and Pacific Coast Highway Retail Center, CenterCal Properties, LLC, Long Beach, CA ► Project Designer; Glendale -Hyperion Complex of Bridges Improvement Project; City of Los Angeles, CA ► Project Designer; Fontana Active Transportation Plan, City of Fontana/Alta Planning + Design, Fontana, CA REGISTRATION 1993/CA/Professional Engineer/50863 EDUCATION 1991/MS/Civil Engineering/ University of California, Davis 1990/BS/Civil Engineering with Minor in English/ California State University, Chico CERTIFICATIONS Envision Sustainability Professional/Institute for Sustainable Infrastructure/ EXPERIENCE With Psomas for 7 years; with other firms for 24 years REGISTRATION 1997/CA/Professional Land Surveyor/7388 EDUCATION 1993/13S/Civil Engineering/ California State Polytechnic University, Pomona EXPERIENCE With Psomas for 28 years; with other firms for 3 years Douglas Fredericks, PE, ENV SP I Structures Engineer Doug Fredericks is a registered civil engineer with over 31 years of experience in bridge design and bridge project management. He has led the planning, layout, type selection, and final design for a wide variety of transportation structures, including new construction, widening, and rehabilitation projects. He has also performed studies to evaluate the condition of existing structures, and has designed retaining walls, sound walls, water -holding tanks, and drainage facilities. As Project Manager, he was responsible for the successful completion a number of bridge projects for Caltrans and local municipalities. Experience ► Project Manager; Superior Pedestrian OC Project, City of Newport Beach, CA ► Project Manager; CIP No.579 - 862 Summit Drive, City of Laguna Beach, CA ► Structural Engineer; Los Angeles River Valley Bikeway and Greenway Design, Los Angeles, CA ► Lead Bridge Engineer; Anaheim Street Bridge Replacement, CenterCal Properties, LLC, Long Beach, CA ► Lead Bridge Engineer; Glendale -Hyperion Complex of Bridges Improvement Project, City of Los Angeles, CA ► Lead Bridge Engineer; "Red Car" Multi -Use Bridge, City of Los Angeles, CA ► Structures Task Lead; Whittier Greenway Trail East, City of Whittier, CA David Moritz, PLS I Survey Manager Dave Moritz has over 31 years of experience in the survey industry, specializing in right- of-way engineering, utility mapping and large scale infrastructure projects. He has spent a large portion of his career working in client offices to provide program management, project management and staff augmentation services. He has developed survey programs that support large right-of-way acquisition and subsurface utility engineering (SUE) projects. As leader of the Orange County Survey Team, he is responsible for project planning and coordinating work among in-house staff, clients and subconsultants. He serves as client liaison, attends coordination and kickoff meetings, and is the primary contact person on various contracts. Dave is also involved in the coordination and oversight of work among clients, title companies, project surveyors and CAD staff, as well as in-house civil engineers. Dave has worked in Los Angeles, Orange, Riverside, San Bernardino, Imperial, Santa Barbara, San Luis Obispo, Ventura, and Kern counties. Experience ► Principal -in -Charge; TO# 07 Traffic Signal Upgrade SR-1, Caltrans District 12, Newport Beach, Huntington Beach, and Seal Beach, CA ► Project Manager; On -Call Right of Way Engineering and Surveying Services, Orange County Tranportation Authority, Orange County, CA ► Project Manager; Complete Streets Program (TOS 38), City of Los Angeles, CA ► Principal -in -Charge; Yorba Linda Boulevard/Savi Ranch Parkway Widening Project, City of Yorba Linda, CA ► Principal -in -Charge; TO #4-Pedestrian Facilities Upgrades on SR-1 from Ruby Street to Ledroit Street, Caltrans District 12, Laguna Beach, CA ► Project Manager; I-5 HOV Improvements from SR-73 to South of Oso Parkway (Segment 1), Orange County Tranportation Authority, Aliso Viejo/Mission Viejo, CA REGISTRATION 2019/CA/Professional Land Surveyor/9541 2000/WA/Professional Land Surveyor/36808 EDUCATION 1992/BS/Surveying/Oregon Institute of Technology, Klamath Falls, OR 1989/AA/Surveying/ Peninsula College, Port Angeles, WA EXPERIENCE With Psomas for 6 years; with other firms for 24 years EDUCATION 1984/Coursework/ Undergraduate Studies/ University of Redlands TRAINING Certified Party Chief/ Southern California Surveyors Joint Apprenticeship Committee Land Surveying/ Southern California Surveyors Joint Apprenticeship Committee EXPERIENCE With Psomas for 29 years; with other firms for 2 years Steve Price, PAS I Project Surveyor Steven Price has 30 years of experience providing surveying and mapping services for public agencies. He has been responsible for boundary surveys and analysis, ALTA land title surveys, topographical and construction surveys; scheduling field crews, property calculations, legal descriptions and plats, Records of Surveys, and right- of-way engineering. Prior to joining Psomas, Steven was employed for 15 years as a Survey Party Chief with the Washington State Department of Transportation. Experience ► Project Surveyor; Complete Streets Program (TOS 38), City of Los Angeles, CA ► Project Surveyor; TO#12 SR-55 Multi -Asset Management Project from Finley Avenue to SR-91(PM 0.0/17.9), Caltrans District 12, Orange County, CA ► Project Surveyor; TO#8-I-405 Improvement Project from I-5 to Harbor Boulevard, Caltrans District 12, Orange County, CA ► Project Surveyor; TO #4-Pedestrian Facilities Upgrades on SR-1 from Ruby Street to Ledroit Street, Caltrans District 12, Laguna Beach, CA ► Project Surveyor; I-5 Improvements from Alicia Parkway to El Toro Road (Segment 3), Orange County Tranportation Authority, Orange County, CA ► Project Surveyor; I-5 HOV Improvements from SR-73 to South of Oso Parkway (Segment 1), Orange County Tranportation Authority, Aliso Viejo/Mission Viejo, CA ► Project Surveyor; I-405 Program Management, Orange County Tranportation Authority, Orange County, CA Robert Gould I Field Survey Robert Gould has over 30 years of land surveying experience. He has had extensive experience as a responsible field/office party chief on many of the larger survey projects in California such as freeways, freeway interchanges, light rail systems, bridges, corporate boundary surveys, and construction surveys for high-rise buildings. Experience ► Party Chief; Traffic Signal Upgrade SR-1 (Caltrans 12A1696 - TO# 07), Newport Beach, Huntington Beach, and Seal Beach, CA ► Party Chief; El Toro Road Traffic and Landscape Improvements, City of Lake Forest, CA ► Party Chief; Interstate 5/State Route 22/State Route 57 Interchange, Caltrans District 12, Orange County, CA ► Party Chief; Pacific Coast Highway/State Route 55 "Arches" Interchange, Construction Staking and Survey, Newport Beach, CA ► Party Chief; Sand Canyon Avenue Railroad Grade Separation, Orange County Transportation Authority, Irvine, CA ► Party Chief; Complete Streets Program (TOS 38), City of Los Angeles, CA ► Party Chief; Street Overlay and Reconstruction (180807 and 210804), City of Rialto, CA ► Party Chief; West Anaheim Street Rehabilitation and Reconstruction, Port of Long Beach, Long Beach, CA REGISTRATION 2010/CA/Professional Land Surveyor/8732 EDUCATION 2008/Diploma/M.Div./ Religious Studies/The Master's University, Santa Clarita 1990/BA/Political Science/ University of California, Los Angeles EXPERIENCE With Psomas for 14 years; with other firms for 13 years REGISTRATION 2007/CA/P rofess i o n a l Engineer/Civil/71592 EDUCATION 1997/BS/Civil Engineering/ University of Baguio, Philippines CERTIFICATIONS Accredited Professional, Leadership in Energy & Environmental Design/U.S, Green Building Council Designated Design -Build Professional/Design-Build Institute of America Project Management Professional/Project Management Institute EXPERIENCE With Psomas for 7 years; with other firms for 29 years Tom Pilarski, PLS I Subsurface Utility Engineer Tom Pilarski has 27 years of experience in surveying and mapping. He oversees our ASCE Standard 38-02 Utility Detection and Mapping team. Since Psomas expanded its suite of services into the subsurface utility locating and mapping business line, Tom has overseen projects that involved utility location where little or no as -built data existed. He also provides a second opinion when Psomas utility detection crews followed the 811 Dig alert locator to verify the utilities detected. He is responsible for development of Records of Survey, right-of-way mapping, tract and parcel maps, condominium plans, ALTA surveys and easement legal descriptions. Experience ► Utilities Detection Manager; Disney Prospect Studios, Subsurface Utility Detection, The Walt Disney Company, Burbank, CA ► Utilities Detection Manager; Sempra Pipeline Safety Enhancement Plan (PSEP), Los Angeles, Ventura, and Orange Counties, CA ► Utilities Detection Manager; Pacific Gas and Electric (PG&E) 2019-2022 On -Call Contract, Statewide, CA ► Utilities Detection Supervisor; East San Fernando Valley Transit Corridor Project, Los Angeles County Metropolitan Transportation Authority, San Fernando Valley, CA ► Utilities Detection Manager; EJ Gallo Fermentation and Glass Facilities, Subsurface Utility Detection, VVH Consulting Engineers, Modesto, CA Pat Castro, PE, PMP, DBIA, LEED AP, ICC Construction Manager and Inspector Pat Castro has more than 36 years of experience in providing program management, capital planning, design development, project and construction management, contract administration, and construction inspection of complex facilities and infrastructure capital improvement projects. As a practitioner with four professional credentials, Pat has demonstrated that he has the education, skills, and experience to lead and direct multiple projects and resources to attain strategic business goals of the organization. Prior to joining Psomas, Pat was the Facilities Construction and Rehabilitation Administrator for the City of Irvine with full responsibility of planning, directing, and program administration of the City's Capital Improvement and Rehabilitation Program for six years. Prior to the City of Irvine, he was employed by the City of Long Beach, Public Works Department, for over 21 years in various capacities as Capital Projects Coordinator, Principal Construction Inspector, and Construction Inspector II, and has extensive familiarity with the variety of projects, client needs, and diversity of constituents served in the City of Long Beach. Experience ► Resident Engineer/Construction Manager; Beach On -Call Capital Improvement Projects, City of Long Beach, CA ► Construction Manager; Anaheim Street Rehabilitation and Reconstruction Constructability Review, City of Long Beach, CA ► Construction Manager; El Dorado Park Nature Center Improvement Project, City of Long Beach, CA ► Construction Manager; Street Rehabilitation of Obispo Avenue betweem loth Street & PCH, City of Long Beach, CA REGISTRATION 2007/CA/General Co ntracto r/A&B/904632 2003/CA/Professional Engineer/Civil/65620 2002/CA/Professional E ng i nee r/M echa n i cal/32081 EDUCATION 1989/MS/Civil Engineering/ University of Illinois, Urbana 1977/BS/Ocean Engineering/Massachusetts Institute of Technology EXPERIENCE With Psomas for 8 years; with other firms for 28 years EXPERIENCE With Psomas for 4 years; with other firms for 36 years Everett "Butch" Butcher, PE I Construction Manager and Inspector Butch Butcher has over 36 years of experience in providing project management services for large civil engineering construction projects. His background includes program and project development and execution for land development, planning, contracting, construction, environmental, public works, transportation, and utilities. Experience ► Resident Engineer; Rosecrans Avenue Arterial Improvement, City of Gardena, CA ► Project Manager; On -Call Project and Construction Management Services, City of Hermosa Beach, CA ► Resident Engineer; As -Needed Plan Checking and Permitting Services, City of Long Beach, CA ► Resident Engineer; Alamitos Avenue Rehabilitation Between 7th Street and Orange Avenue, City of Long Beach, CA ► Construction Manager; Belmont Plaza Beach Center, Structural Evaluation, City of Long Beach, CA ► Resident Engineer; Vermont Avenue Arterial Improvements Project, City of Gardena, CA ► Construction Manager; Demolition of the Existing Belmont Pool Facility, City of Long Beach, CA Eric Schlichter I Inspector Eric has 40 years of experience providing construction management, lead inspection, public relations, and office administrative services on major projects in the Southern California region, including roadways, public infrastructure and buildings, and highway and bridge construction. He is highly experienced in the oversight of numerous operations on large project sites and has excellent communication and documentation skills required for complex and multiple discipline operations. Eric has provided construction management and inspection services for numerous high profile projects. His extensive experience encompasses roadway, Caltrans, and various utility projects. Experience ► Construction Inspector; Main Promenade Parking Structure Improvements, City of Huntington Beach, CA ► Construction Inspector; Metrolink Station, City of Buena Park, CA ► Construction Inspector; Community Center and Sports Park, Laguna Hills, CA ► Construction Inspector; On -Call Construction Management and Inspection Services, City of Long Beach, CA ► Construction Inspector; FY 2019-2020 Road Maintenance Project AC Overlay Paving, County of San Diego, CA ► Construction Inspector; Bayshore Swim Dock Revitalization, City of Long Beach, CA ► Construction Inspector; Redondo Beach Pier Improvements, City of Redondo Beach, CA EDUCATION 2014/MS/Urban and Regional Planning/ California State Polytechnic University, Pomona 2011/MA/Geography/ California State University, Fullerton 2006/BA/History/University of California, Santa Barbara CERTIFICATIONS American Institute of Certified Planners/No. 027853/American Planning Association EXPERIENCE With Psomas for 2 years; with other firms for 8 years EDUCATION 1996/Master of Urban Planning/University of California, Irvine 1991/BA/Development Studies/University of California, Los Angeles CERTIFICATIONS American Institute of Certified Planners/No. 112796/American Planning Association EXPERIENCE With Psomas for 6 years; with other firms for 18 years Sean Noonan, AICP I Environmental Planner Sean Noonan has 10 years of environmental planning experience and has managed the CEQA, NEPA, and regulatory permitting processes for numerous roadways, highways, residential, commercial, and industrial projects throughout California. Sean has served as Environmental Project Manager for several projects, charged with developing technical studies, writing CEQA and NEPA environmental documents, processing projects through Caltrans Local Assistance and Division of Environmental Planning, obtaining regulatory permits, and maintaining environmental compliance through final design and project construction. Experience ► Environmental Planner; Newport Village Mixed -Use Development, City of Newport Beach, CA ► Project Manager; Central Harbor Blvd Transit Corridor, Orange County Transportation Authority, Orange County, CA ► Environmental Planner; Intersection Improvements on Hyperion Avenue and Glendale Boulevard (TOS 004E), City of Los Angeles, CA ► Environmental Planner; Carlsbad Veterans Park, Master Planning and Environmental Permitting Phase, City of Carlsbad, CA ► Environmental Planner; Lincoln Bridge Multi -Modal Improvements (TOS 27), City of Los Angeles, CA ► Regulatory Specialist; As -Needed Regulatory Permitting Services, Los Angeles County Department of Water and Power, Los Angeles County, CA ► Environmental Planner; North Business Park Specific Plan Environmental Impact Report, City of Westlake, CA Alia Hokuki, AICP I Environmental QA/QC Alia Hokuki, AICP, serves as a Senior Project Manager of Environmental Planning projects. She has over 24 years of experience in environmental and policy planning field with a focus on environmental impact assessments for public and private sector clients. Alia's expertise includes the preparation and management of environmental compliance documents pursuant to CEQA and NEPA, Specific Plans, land development, and feasibility studies. She has managed a variety of projects, including institutional, mixed -use, commercial, residential, redevelopment, planned communities, and infrastructure projects. She has extensive knowledge of CEQA, NEPA, and planning and zoning law. Experience ► Project Manager; Newport Village Mixed -Use Development, City of Newport Beach, CA ► Project Manager; Harbor Pointe Senior Living Project Environmental Impact Report, City of Newport Beach, CA ► Project Manager; Annandale Canyon Open Space Trail Access Improvements Project, City of Pasadena, CA ► Project Manager; Magnolia Tank Farm Specific Plan Program Environmental Impact Report, City of Huntington Beach, CA ► Project Manager; West Alton Parcel Development Plan Environmental Impact Report, Lowe Enterprises, Inc./County of Orange, Irvine, CA EDUCATION 1987/PhD/Biological Sciences/University of Southern California 1981/MS/Biology/California State University, Long Beach 1978/BS/Zoology/California State University, Long Beach EXPERIENCE With Psomas for 18 years; with other firms for 23 years f:111L4L•t91193ZI 2008/MS/European Archaeology/University of Edinburgh, United Kingdom 2004/BA/Anthropology/ California State University, Los Angeles CERTIFICATIONS Registered Professional Archaeologist/ Register of Professional Arch aeologists/1512280 Orange County Certified Archaeologist/Orange County EXPERIENCE With Psomas for 4 years; with other firms for 13 years Brad Blood, PhD I Senior Biologist/Regulatory Specialist Brad Blood, PhD, is a Senior Biologist/Environmental Scientist and Project Manager with expertise in regulatory compliance related to biological issues including CEQA/NEPA, the federal and state Endangered Species Acts, federal Clean Water Act, and the State Fish and Game Code. He is a certified wetland delineator and is experienced with the State and federal regulations governing wetlands delineation and permitting. He has experience in designing and conducting field surveys, plant community mapping, mitigation monitoring and mitigation monitoring programs for many listed and sensitive species. Brad has performed numerous surveys for clients in Orange, Los Angeles, San Bernardino, Riverside, Inyo, Mono, Kern, Tulare, Imperial, Ventura, and San Diego counties. Experience ► Senior Biologist; East Orange County Water District Tustin Well, Tustin, CA ► Project Manager; Wagon Wheel Creek Restoration Plan, Orange County Public Works, Orange County, CA ► Senior Biologist; Santa Ana River Animal Control Repair -Phase 2, Orange County Public Works, Orange County, CA ► Senior Biologist; San Juan Basin Groundwater Management Plan, San Juan Basin Authority, Orange County, CA ► Senior Biologist; Morningside Golf and Tennis Center Project, Morningside Retirement Community, Fullerton, CA ► Project Manager; Simi Valley Landfill and Recycling Center Expansion Project, Simi Valley, CA Charles Cisneros, RPA I Cultural Resources Manager Charles Cisneros is a registered professional archaeologist with 17 years of experience in archaeological assessment and field experience in California and Nevada. He has directed numerous field projects in support of compliance with CEQA, NEPA, and Sections 106 and 110 of the National Historic Preservation Act (NHPA). Charles has managed a wide range of projects involving archaeological survey, testing, data recovery, monitoring, and laboratory analysis. He is skilled at research and data management, as well as maintaining and organizing digital and print publications. His training and background meet the U.S. Secretary of the Interior's Professional Qualifications Standards for prehistoric and historic archaeology and he is a California Energy Commission approved archaeologist for desert archaeology. Experience ► Senior Archaeologist; I-405 Program Management Cultural Services, Orange County Transportation Authority, Orange County, CA ► Senior Archaeologist; Coto de Caza Lift Station Emergency Storage Basin IS/ MND, Santa Margarita Water District, Coto de Caza, CA ► Senior Archaeologist; Glendale -Hyperion Complex of Bridges Improvement Project, City of Los Angeles, CA ► Senior Archaeologist; end Street and Pacific Coast Highway Retail Center, CenterCal Properties, LLC, Long Beach, CA ► Senior Archaeologist; Annandale Canyon Open Space Trail Access Improvements Project, City of Pasadena, CA Resources and Responsiveness With a large contingent of local resources from which to draw, the Psomas team can respond to whatever project needs may arise. By managing a balanced client workload among our staff, Psomas is able to respond within 48 hours to meet with the City. This keeps the project momentum moving forward so the Psomas team is in place and ready to work within days of receiving a Notice to Proceed. As Psomas' main point of contact, Joe Boyle will immediately assign one of our highly qualified task order managers to the task order request based on relevant experience and availability. Our managers have the knowledge and skills required to navigate the hurdles that may arise during the course of the project. The Psomas team understands the importance of meeting deadlines in a timely manner. We commit to providing adequate staffing based on qualifications and size of team needed for each task. Being a firm with over 700 employees, Psomas is the "right size" firm for this contract —big enough to handle any task order, but adept enough to provide the City a personal touch and responsiveness. Project Delivery Psomas' approach to project delivery involves a combination of administrative or management steps and procedures that ensure the project scope objectives are met, on time and within budget. The elements of the project management effort can generally be identified as communication, project tracking, schedule control, documentation and quality control. Joe Boyle and all of our discipline leads have the project management tools in place to ensure all aspects of the delivery process are implemented, and the goals and expectations of the City's staff are met. Communication Communication starts with scope negotiation, a signed contract or work order, and a kick-off meeting, and continues through the completion of the project. Open lines of communication between Psomas and the City and other project stakeholders are critical for project success. Psomas takes great pride in our communication protocols and abilities. Our ultimate goal is to be an extension of City staff, and to ensure the City's project manager is always up-to-date on the status of each task, project schedule, and budget. Several tools are used to ensure open lines of communication, which can be scaled to fit the project. Some of these tools include: ► Meet bi-weekly with the consultant team to maintain momentum and to address conflicts that may arise ► Schedule regular, monthly meetings with the City and other affected stakeholders Include progress reports with invoices to document progress Project Tracking Psomas recognizes the need for tracking project budgets along with progress in order to minimize the risk of overruns. Each week, our project managers receive project summary reports detailing hours charged and costs for that particular period and for the projects to date. On our monthly invoices, clients are provided with the hours and costs charged to jobs for that month, and a budget summary that shows the amount spent to date and the amount remaining. Work schedule modifications can be made to keep the project on track. Schedule Control For each project, Psomas develops and maintains a project schedule that identifies key milestones and critical path items. The schedule is frequently updated and shared with the project team and stakeholders. To ensure the project remains on schedule, the following strategies are used: ► Constant communication with the City's project manager to identify critical items ► Quick response to design questions, field issues, and other requests ► Commitment to respond within 24 hours ► Monitoring of the project schedule to compare progress versus plan ► QA/QC verification of subconsultant products and progress ► Sharing of design files, meeting notes, and other documents on Psomas' ProjectWeb to ensure all team members are using the most recent information Using these tools, Psomas is able to maintain the project schedule by monitoring time -critical items such as agency/stakeholder review periods, utility relocations, right-of-way acquisitions, and environmental permitting issues. Documentation The Psomas Team members have a wealth of experience delivering projects for local agencies that use local, state, and federal funds. Psomas' document control management policies ensure files are complete and accurate and meet the requirements of clients. Our typical monthly project progress reports include the status of deliverables, utility and outside -agency efforts, cost and schedule snapshot and analysis, and issues discussion and recommended resolution actions. These monthly progress reports will be tailored to the needs and desires of the City. Quality Assurance/Quality Control Psomas has responsibility for the accuracy and completeness of the maps, plans, reports, calculations, and construction cost estimates under its scope of work and will meet that responsibility through the implementation of a quality assurance plan. Our QA/QC Program is based upon the belief that "Nothing is more important than design quality." The individuals responsible for our Quality Control Program (QCP) are the Project Manager, Quality Assurance Manager, and Quality Control Manager. Our QCP will be implemented over the duration of the project and is not merely a series of individual events/ plan checks at a few points on the schedule. There are three major stages in our QCP: ► Quality Assurance — Are we doing the right things? ► Quality Control — Are we doing things right? ► Post -Completion Quality Evaluation — What can we do better? Couple the three stages with a robust training program, and you have a staff with the experience, expertise, and the QA/QC tools to ensure a quality product every time. In the quality planning stage Psomas uses the kick- off meeting to determine your QCP expectations. Our Quality Assurance/Quality Control Managers will then develop a work plan with our Project Manager based upon the City's input, the schedule, and the budget. The work plan identifies specific work products and establishes a set of relevant measures and standards of quality for each task that may result from this on -call contract. Once work on the project begins, we move on to the quality control stage. In this stage we track the execution of the work plan, review our designs and work products, and communicate with the client and team members. We provide project information through our cloud -based file sharing tools, allowing all team members to monitor the progress of our work plan. In this stage, the Quality Assurance/Quality Control Manager also facilitates detailed technical reviews of our field work and design, and those of all team members, to ensure they meet the quality standards defined in the quality planning plan. This review is continuous throughout the life of the project and ensures a smooth process and buildable final product with minimal change orders. EXHIBIT B SCHEDULE OF BILLING RATES PSOMAS Page B-1 EXHIBIT B SCHEDULING OF BILLING RATES ON -CALL CIVIL ENGINEERING Project Director/Principal-in-Charge ....................... $290 Contract Manager/Project Manager ........................... $265 Project Manager II .......................................................... $250 Assistant Project Manager .............................................. $210 Senior Project Engineer ................................................. $205 Project Engineer/Traffic Engineer ................................. $190 Civil Engineering Designer ........................................... $155 Assistant Civil Designer ................................................. $130 Design Engineer II............................................................ $130 Design Engineer I............................................................. $105 Survey Senior Project Manager ...................................... $260 Survey Project Manager/Manager ............................. $210 Survey Senior Project Surveyor, PLS ........................ $195 Project Surveyor, PLS..................................................... $185 Surveyor, PLS or LSIT.................................................. $175 Survey Technician........................................................... $150 GISManager....................................................................... $260 GIs Technician.................................................................... $85 Senior CAD Technician .................................................. $165 CAD Technician................................................................. $140 Land Use Entitlement Manager ................................... $275 Plan Reviewer................................................................... $190 PermitTech I..................................................................... $170 Permit Tech II..................................................................... $150 ADA Compliance/Access Specialist .............................. $190 Senior Environmental Project Manager ................... $230 Environmental Project Manager ............................... $165 Environmental Analyst .................................................... $135 Cultural Resources Manager ........................................ $150 Cultural Resources Technician......................................$95 Biological Resources Manager......................................$210 Regulatory Permitting Manager ................................ $205 Senior Restoration Ecologist...........................................$165 Senior Biologist................................................................ $160 Biologist............................................................................... $130 Senior GIS Analyst............................................................ $150 Technical Writer................................................................ $100 Planner................................................................................... $170 Senior Resident Engineer .............................................. $225 Resident Engineer II ................................................ I....... $205 Resident Engineer I ......................................................... $185 Senior Structures Representative .............................. $225 Structures Representative II ......................................... $205 Structures Representative I.........................................$185 Senior Construction Manager ...................................... $220 Construction Manager II ............................................... $200 Construction Manager I ................................................. $180 Senior Inspector ............................................. ................... $200 Inspector............................................................................... $185 Scheduler.. ............................................................................ $170 Office Engineer....................................................................$160 Labor Compliance.............................................................$125 Project Assistant/Administration ............................... $125 Engineering Assistant, Intern ....................................... $110 Administrative Support .................................................. $95 Standard computer and technology costs are incorporated into these hourly rates, as well as direct labor, overhead, fringe benefits and fee. Rates include miscellaneous related costs: vehicle, cell phone, digital camera, and standard tools and equipment. The following items require prior written authorization from the City: All other direct expenses will be billed at cost. The above schedule is for straight time. Overtime for Construction Management/Inspection and Surveying services will be charged at 135 percent of the regular hourly rate. Sundays and holidays will be charged at 170 percent of the regular hourly rate. Minimum of four (4) hours will be charged per field crew deployment. Prevailing wage will be paid on all projects where field staff are providing services. A shift which commences after 2:OOpm or before 4:00am, during any 24-hour period, commencing at 12:01 am is subject to a 12.5 percent differential. ► Survey and other specialty equipment will be charged at a per unit per day rate. ► Expert witness testimony is two times the normal rate. ► Per Diem is calculated at current State Department of Transportation rates (or other appropriate agency rates). ► Mileage at $0.575 per mile (or current IRS allowable rate) and parking expenses incurred by office employees are charged at cost. ► Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus five percent. ► The services of outside consultants will be charged at cost plus five percent. ► Surveying Services • One -Person Survey Party .......................................... $250 • Two -Person Survey Party ......................................... $350 • Three -Person Survey Party ...................................... $420 • Field Supervisor............................................................ $190 • Hourly rates for field survey parties include normal usage of field equipment and are fully equipped rates. • Hourly Rates for field services increase on October 1 of every year and are subject to prevailing wages per California Department of Industrial Relations Determination LA-2020-1, and include normal usage of electronic distance measuring equipment and survey vehicle expenses. • Per Diem is calculated at current State Department of Transportation rates (or other appropriate agency rate). ► Special Equipment and Other Costs • $250.00 per day— 3D Laser Scanner (Static) • $5,000.00 per day — 3D Laser Scanner (Mobile Mapping System) • Standard computer and technology costs are incorporated into the hourly rates shown above. Note: No travel expenses or mileage shall apply for travel within Orange County, or for Consultant's personnel and agents' travel to and from that person's primary worksite. 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. PSOMAS 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 PSOMAS Page C-2 shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. 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. Right to Review Subcontracts. Consultant agrees that upon request, all agreements with subcontractors or others with whom Consultant enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. PSOMAS Page C-3 F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. H. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this 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. 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. PSOMAS Page C-4 �EWPoRT City of Newport Beach of ,; Insurance Compliance PO Box 100085 - FV C9F00.NP Duluth, GA 30096 April 1, 2022 PSOMAS 3 Hutton Center Drive, Suite 200 Santa Ana, CA 92707 Reference Number: 8170-1 This Account has moved from non -compliant to COMPLIANT status and currently in compliance for certificate of insurance requirements. As of the date above, your insurance meets City of Newport Beach insurance requirements. We appreciate your efforts and those of your insurance agent in working with our insurance representatives. Please call us at (951) 766-2285 if you have any questions. Sincerely, City of Newport Beach Compliant Notice [CA1]