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HomeMy WebLinkAboutC-8909-1 - On-Call PSA for Civil Engineering ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT WITH HUNSAKER & ASSOCIATES IRVINE, INC. 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 HUNSAKER & ASSOCIATES IRVINE, INC., a California corporation ("Consultant"), whose address is 3 Hughes, Irvine, California 92618, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide 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. Hunsaker & Associates Irvine, Inc. Page 2 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 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. 4.4 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 Rich Norton 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. Hunsaker & Associates Irvine, Inc. 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. 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 Hunsaker & Associates Irvine, Inc. Page 4 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 10.1 It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. Hunsaker & Associates Irvine, Inc. Page 5 10.2 Consultant agrees and acknowledges that no individual performing Services or Work pursuant to this Agreement shall: work full-time for more than six (6) months; work regular part-time service of at least an average of twenty (20) hours per week for one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS member. 10.3 Consultant must submit to and pass a criminal background investigation by providing a complete set of fingerprints to City prior to commencing or performing Services or Work. Consultant is required to submit any fees for the criminal background investigation according to the City's most current administrative fee schedule or successor document. Fingerprints may be required to be updated every five (5) years. 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 Hunsaker & Associates Irvine, Inc. Page 6 Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 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 Hunsaker & Associates Irvine, Inc. 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. Hunsaker & Associates Irvine, Inc. 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 seq., Consultant shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. Hunsaker & Associates Irvine, Inc. 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: Douglas L. Staley Hunsaker & Associates Irvine, Inc. 3 Hughes Irvine, CA 92618 27. CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27.2 To the extent that Consultant's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Consultant shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period Hunsaker & Associates Irvine, Inc. Page 10 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 bylaw, 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 thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. Hunsaker & Associates Irvine, Inc. Page 11 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. 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, Hunsaker & Associates Irvine, Inc. Page 12 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] Hunsaker & Associates Irvine, Inc. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOI NEY'S OFFICE Date: -7/ i3 zL By: 4Q �',r) a on C. Harp 111312- C' Attorney Q �s ATTEST: Date: U' 4 o By: di W4"�Atft le_� Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: 4 ell Kevin Mul Mayor CONSULTANT: Hunsaker & Associates Irvine, Inc., a California corporation Date: By: Signed in Counterpart Douglas L. Staley Chief Executive Officer Date: Signed in Counterpart AM - Kamal H. Karam Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Hunsaker & Associates Irvine, Inc. 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: -2 1 ZL By:Ljoo'(�Qo ron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Kevin Muldoon Mayor CONSULTANT: Hunsaker & Associates Irvine, Inc., a California corporation Date: Y- ifs•-Z - By: Douglas L. Sta' ey Chief Executive Officer Date: :�7 G' By --� Kamal H. Karam Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Hunsaker & Associates Irvine, Inc. 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. Hunsaker & Associates Irvine, Inc. Page A-1 PLANNING ENGINEERING SURVEYING GOVERNMENT RELATIONS HUNSAKER &ASSOCIATES I R V I N E, I N C. April 6, 2022 Submitted through PlanetBids KEY FACTORS ■ Present on -call engineering contracts with active task orders for Buena Park and Huntington Beach ■ Knowledge of Federal State and local agency requirements for deliverables ■ Highly capable task team manager with many years of experience ■ Responsive with maximum depth of highly qualified available resources IRVINE Mr. Michael Sinacori, Assistant City Eng. ■ H&A staff augmented by several LOSANGELES CITY OF NEWPORT BEACH highly qualified subconsultant firms PALM DESERT 100 Civic Center Drive RIVERSIDE Newport Beach, CA 92660 SAN DIEGO p Subject: Proposal for On -Call Professional Civil Engineering Services RFP No. 22-51 PRINCIPALS: FRED GRAYLEE BRADLEY HAY KAMAL KARAM DOUGLAS STALEY KRIS WEBER JOSEPH E. WIGHTMAN FOUNDING PARTNERS: RICHARD HUNSAKER TOM R. McGANNON JOHN A. MICHLER DOUGLAS G. SNYDER Three Hughes Irvine, California 92618-2021 (949) 583-1010 PH (949) 583-0759 FX www.hunsaker.com Dear Mr. Sinacori: Hunsaker & Associates Irvine, Inc. (H&A) is pleased to submit this proposal for your consideration with services to be from our Irvine headquarters. H&A was established in 1976 as a California Corporation. Our company is a full -service survey and civil engineering firm with headquarters in Irvine and offices in Los Angeles, Riverside and San Diego. Our firm and staff comply with all State of California registration requirements for all of the services. Why the H&A Team is the Best Qualified Firm The H&A Team has the depth of resources consisting of highly qualified individuals with extensive knowledge of Newport Beach's standards and procedures to effectively handle all of the City's needs in a timely manner and at a reasonable cost. Richard Norton, PE will be the primary contact and contract/project manager for all task orders. Depending on the task order scope, Mr. Norton may also function as the task manager or one of the designed lead persons will be assigned to the task manager role. We are looking forward to committing our resources to be of service to Newport Beach and working with you successfully. Should you have any questions, please do not hesitate to contact our designated contract/project manager Richard Norton, PE at rnorton(a-hunsaker.com or by phone at (949) 293-3567. Very truly yours, HUNSAKER & ASSOCIATES IRVINE, INC. �;fPuggt 0ey., PE President (Aclpwlpsls\CONB 05P-rn.docx) Richard Norton, PE Project Manager 44wPp* F i,.n RFP No. 22-51 On -Call Professional Civil Engineering Services SECTION 2 BRIEF HISTORY AND DESCRIPTION OF FIRM Prime Consultant (Hunsaker) Hunsaker & Associates Irvine, Inc. (H&A), established in 1976, is a California Corporation. Our company is a full -service civil engineering firm with headquarters in Irvine and offices in Los Angeles, Riverside and San Diego. We have more than 200 employees with approximately 50 involved in office and field surveying and mapping work. The firm is owned by five individuals who are "hands-on" managers, live in Southern California and each have over 35 years of experience. Subconsultant (AGA Engineers) — Traffic Engineering AGA Engineers, Inc. (AGA) is a California S Corporation. The majority of our employees have worked together for at least five years, and the managers have worked together for over 15 years, which is a respectable indication of the stability and compatibility of our team. The AGA staff possess all of the necessary qualifications and skills required to successfully provide the services anticipated by the City. Subconsultant (CSG Consultants) — Construction Management and Plan Reviews CSG Consultants, Inc. (CSG) is a California corporation and performs work solely for public agencies, eliminating the potential for conflicts of interest. The majority of the 300 individuals within our firm have provided public agency services throughout their entire careers. Our experienced personnel have held positions with communities facing similar development issues as the City. Subconsultant (Boudreau Pipeline) — Potholing Boudreau Pipeline's Subsurface Utility Engineering (SUE) process provides a clear understanding of the challenges and opportunities that lie beneath your project site. Benefiting from 50 plus years of experience in the SUE industry, a range of methods are utilized to get the results needed. Subconsultant (R. J. Lung Associates) — Aerial Photogrammetry Robert J. Lung & Associates, Inc. was established in 1976. They are a full service photogrammetry firm offering Aerial Photography, Photogram metric, Lidar, Orthophoto, and Spatial Data Handling. The firm has been considered a highly professional, stable and trusted mapping firm from our beginning. They bring vast experience of topographic mapping, and have completed thousands of aerial surveys in California. HUNSAKER&ASSOCIATES IRVINE, INC. 4 t"EwP()'�r o I oVi RFP No, 22 51 On -Call Professional Civil Engineering Services SECTION 3 ORGANIZATIONAL CHART H&A has included numerous individuals on the organizational chart below to demonstrate our depth of resources. This eliminates the need for transition plans during the actual contract since H&A will select individuals for each assignment from the pool shown. The project manager Richard Norton, PE will remain in that role for the duration of the contract. The focus of the H&A Team is to provide excellent service to the City in terms of scope, budget, schedule and quality. SEW Pp�T LEGEND Task Manager r n c� °9<iFOR ; CITY OF NEWFORT BEACH Hunsaker & Associates Irvine, Inc. Robert Wheeler, PLS HUNSAKER&ASSOCIATES IRVINE, INC. o � RFP No. 22-51 On -Call Professional Civil Engineering Services SECTION 4 FIRM EXPERIENCE AND EXPERTISE Hunsaker offers the following categories of services to public agencies and private clients: Engineering Services: Since 1976, H&A has worked with both public and private sector clients to design water and wastewater infrastructure, public roadways, flood control channels and other backbone infrastructure for numerous cities projects throughout Southern California. We provide concise, cost effective, and accurate plans and reviewing of plans for public improvements to local agencies. Our capabilities include transportation infrastructure, water, sewer, and storm drain design; lift station, pump station, and reservoir design; water and sewer master planning; transportation planning and engineering; hydraulic, hydrologic and sedimentation engineering; assessment district engineering; construction engineering management; and re -development agency engineering. Land Surveying and Mapping Services: Our survey team of licensed land surveyors, field crews, and office support personnel provide a comprehensive range of state-of-the-art surveying for our clients, combining traditional surveying techniques with advanced surveying technology. In the office, H&A is staffed with licensed surveyors who have extensive experience with preparation and interpretation of legal descriptions and mapping procedures. Our field crews are fully equipped with the most sophisticated survey instruments available and each is led by a certified party chief. Planning and Environmental Services: Specific plans; environmental analysis; civil support; urban design; master plans; re -use and redevelopment planning; site/land use planning; community planning; general plans; land subdivision tentative mapping, entitlement -to -use processing; regulatory permits; and public information programs. HUNSAKER&ASSOCIATES IRVINE, INC. 4 ��wPpR T F �"�GtFORN�r-, SECTION 5 RESUMES OF PROPOSED PERSONNEL RFP No, 22-51 On -Call Professional Civil Engineering Services One page resumes for our project manager Richard Norton, PE and key personnel are included in the appendix. Due to page limitations, we have not provided resumes for all of the assigned staff from H&A and our subconsultants; instead we have prepared a Staff Qualifications Matrix communicating the capabilities of all of the registered personnel in the various tasks listed in the RFP. HUNSAKER&ASSOCIATES IRVINE, INC. 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SECTION 7 PROJECT CONTROLS Quality Control RFP No, 22-51 On -Call Professional Civil Engineering Services H&A has always placed great emphasis on quality assurance. The documents that we develop will be subject to our established in-house Quality Control Procedures. All H&A personnel are trained in the procedures to be used for quality control checking so that all delivered documents, reports, and studies are of a quality that is consistent with professional standards and satisfies the specific requirements of each client. Elements include following: ■ Review Comment Verification. Before any internal review of plans, a senior engineer will check that all prior comments have been addressed appropriately including the initial response and final action documented. From our experience augmenting agency staff doing plan checking we understand the frustration of making the same comments when they were not addressed the first time. ■ Intra-Discipline Review. Technical checking and design review activities are performed by each responsible design discipline under the direction of the designated lead engineer (e.g., checking pipe lengths and slopes vs. elevations for storm -drain profiles). ■ Inter -Disciplinary Review. The OR is done by senior engineers in all disciplines involved in the project to identify any conflicts between project components and resolve them among the design team (e.g., checking storm -drain profiles against utility plans for potential conflicts). ■ Independent Technical Review. The ITR will be noted in the scope and performed by H&A staff with no previous involvement in the project to date. The purpose of this review is to provide a real world check (2nd opinion) for the elements in the design or deliverable and provide a level of assurance that the document is done properly (e.g., checking the overall project configuration meets the identified goals and constraints effectively). ■ Constructability Review. A review of plans by our experienced staff with field background working with contractors assures that the project is cost-effective and constructible from the contractor's point of view (e.g., evaluating access for equipment and materials to construct storm -drain piping at specific stage of construction with limited space). The result is a better set of plans, specifications and estimates and fewer claims. H&A's initial evaluation of this project is that constructability concerns are critical and will be considered from the start so we select the preferred alternative design with this issue in mind. H&A management does Quality Assurance audits to ensure the quality control procedures are being followed. This involves review of documents such as "red line" markups and interviews with key individuals to confirm that the quality control process is being followed and that issues are properly resolved and changes implemented as necessary. Project Management H&A uses a 3-prong approach to project management — scope, schedule and budget. We recognize that the three factors interact constantly and must all be addressed simultaneously and continuously for success. Also that communications are critical to effective coordination of all aspects of a project into a seamless design and maintain client confidence. Scope Control: Every H&A project starts with a project management plan that includes the contract scope of work, project schedule and overall budget. The project management plan divides the overall project into smaller tasks using a Work Breakdown Structure. Each task then has a scope, schedule and budget assigned and the linkages between tasks HUNSAKER&ASSOCIATES IRVINE, INC. RFP No. 22-51 On -Call Professional Civil Engineering Services clearly identified. When an individual is assigned a task, the person receives the scope, schedule and budget for that work and is expected to meet those criteria. H&A project managers use the MBWA (Management By Walking Around) approach developed at Hewlett-Packard. From the president down to the most junior project manager, each leader is outside of their office frequently overseeing their assigned staff, reviewing progress, answering questions and providing direction. This approach typically uncovers any problems before the reporting systems so we can expedite adjustments to benefit the City. Depending on the size and complexity of the project, this approach may be augmented by formal team meetings that typically include active subconsultants Schedule Control: The overall schedule will be divided per the Work Breakdown Structure described above under Scope. H&A staff are familiar with Microsoft Project and other scheduling software programs and can provide City staff with the appropriate reports and files. The budget status typically links to the schedule status so the accounting reports often trigger schedule related actions. All variances (both negative and positive) are then investigated to determine the cause and effect of each one. If a problem or bad trend is determined to be present, a work around strategy is developed. Possible actions include overtime, added staff, change in staff, use of senior staff for improved efficiency and other methods. The overall schedule is typically updated as part of the progress report so the client gets a formal monthly schedule status. However, H&A project managers do not wait for end of month reports and instead take immediate action if a problem is identified so the City will benefit from our proactive problem solving approach. Budget Control: The project manager receives a weekly report of all costs incurred on the project including H&A labor, expenses and subconsultant invoices received. As noted, each task in the Work Breakdown Structure will have its own budget that will be formally monitored weekly. These are checked against the planned costs to identify any variances. All variances (both negative and positive) are then investigated to determine the cause and effect of each one. For budget variances, the same approach described above under Schedule is used to keep the project on track. The weekly reports on cost will then show the impact of the work around strategy and identify if additional actions are needed. Team Communications Client communications are typically directed to/from the project manager as the primary point of contact. Examples include monthly progress reports with schedule updates and invoices, progress and review meetings with client staff and more informal phone calls and emails as appropriate. After discussion between H&A and the client, it may be decided that some senior technical staff from each party can communicate directly with these contacts documented by follow-up emails copied to the H&A project manager. We are strong believers in the saying "If it is not written down — it did not happen" so our project communications are well documented and accessible for future reference by H&A and the City. HUNSAKER&ASSOCIATES IRVINE, INC. 4�V'Wt'0R V ` RFP No. 22-51 On -Call Professional Civil Engineering Services Richard Norton, PE Project Manager Credentials: BS Worcester Polytechnic Institute, 1975, Civil Engineering MS Northeastern University, 1977, Civil Engineering MS Massachusetts Institute of Technology, 1985, Mgmt. California, 1987, Professional Engineer Civil No. 41646 KEY FACTORS ■ 47 years of experience with PE registration ■ Experienced project manager for infrastructure projects ■ Wide ranging technical knowledge and experience ■ Conducted numerous Professional Experience: transportation projects Mr. Norton has served as Project Manager on numerous projects throughout Effective coordinator with Southern California. His career has focused on infrastructure including roadways agencies and stakeholders from freeways to access roads, storm drain and treatment facilities, wet and dry utilities design and coordination, regulatory agency approvals and development of complex construction staging scenarios. Key Projects: City of Irvine, Jamboree Road - Barranca Parkway Intersection Study, Irvine, CA: Mr. Norton prepared project report identifying alternatives, developing exhibits and assessing each alternative for impacts, costs and feasibility. County of Orange, Laguna Canyon Road Widening, Laguna Hills, CA: Mr. Norton administered design to widen the shoulders for a 1-mile segment including highway geometrics, street improvements, grading, utility relocations, construction staging, and implementation of protective measures and mitigation relative to the adjacent wetlands. County of Orange, OC ROADS On -Call Engineering, Orange County, CA: Mr. Norton managed the following assignments: • Sidewalk Extensions Environmental Documents to support multiple sidewalk extensions • 17th/Hewes Traffic Signal Modifications Project in the Tustin Heights area • Laguna Canyon Road - El Toro Road Traffic Signal Upgrade involving Caltrans. • Environmental Documentation for Laguna Canyon Road Drainage Improvements • Moulton Parkway Construction Noise Evaluation. County of Orange, OC Parks On -Call Engineering, Orange County, CA: Mr. Norton supervised the following assignments: • Holderman Park Lighting Modifications • Irvine Ranch Historic Park Water and Sewer Systems Improvements • Irvine Regional Park Entrance Improvements County of Orange, Beach Boulevard - Brea Creek Bridge, Buena Park, CA: Mr. Norton developed PSE for bridge replacement on an arterial street including highway geometrics, street improvements, detour route, construction staging and utility relocations including City of Buena Park sanitary sewer and water pipes, SCE, SCG and Pacific Bell. HUNSAKER&ASSOCIATES IRVINE, INC. 4�11SWI'O4 O $�/�T� H C�LIFOaNN+ Vojta Safranek, PE Manager - Roadway, Grading and Site Planning Credentials: BS University of California, Irvine, 2004, Civil Engineering California, 2008, Professional Engineer Civil No. 73196 Professional Experience: Mr. Safranek has 17 years of civil engineering experience that includes mass/rough grading and drainage design, roadway improvements, sewer and water infrastructure, and precise grading plan preparation. His management responsibilities include key roles in project coordination with clients, subconsultants and governmental agencies, as well as preparing contract specification documents, cost estimates and performing construction observation and support services. Key Projects: RFP No. 22-51 On -Call Professional Civil Engineering Services KEY FACTORS ■ 18 years of experience and PE registration ■ Large or small grading and infrastructure projects ■ Roadways from local streets to arterials ■ Design of public and private sewer and water systems ■ Design of trail systems, overcrossings and undercrossings ■ Extensive bid document and construction support capabilities City of Irvine, Orange County Great Park Sports Complex, Irvine, CA: Mr. Safranek provided civil engineering design and construction support services which included; preparation of rough grading design for the 227 acre site including streets and 6 miles of sidewalk and regional trail connections. ASCE Orange County 2019 Project of the Year. City of Irvine, Bake Parkway (Phase 2)/Lake Forest Drive Extensions, Irvine, CA: Mr. Safranek prepared plans for major arterial highway extensions including for San Diego, Veeh and Veeh Creek Tributary 1 Creeks Drainage Crossings and relocation of multiple utilities. ASCE Orange County 2014 Construction Project of the Year. City of Irvine, Bake Parkway (Phase 1) Extension, Irvine, CA: Mr. Safranek prepared plans for major arterial highway extension including addition of free -right turn design to existing Irvine Center Drive and design of water pipeline City of Irvine, Lake Forest Drive/Laguna Canyon Road, Irvine, CA: Mr. Safranek developed 1/2 mile of Lake Forest Drive arterial street improvement plans done per Irvine, Lake Forest and Caltrans criteria including coordinating Laguna Canyon Road (SR-133) intersection upgrade with the agencies. City of Irvine, Great Park Boulevard, Irvine CA: Mr. Safranek prepared improvement plans for 3/4 miles of divided secondary commuter roadway adjacent to an active VORTAC facility requiring coordination with the Federal Aviation Administration to perform an aeronautical study and determination of no hazard. City of Irvine, Irvine Boulevard Pedestrian Bridge at Ridge Valley, Irvine CA: Mr. Safranek provided grading and trail design that was coordinated with steel pedestrian bridge for regional trail connectivity. City of Tustin, Pedestrian Bridge, Tustin, CA: Mr. Safranek managed the design team for the City of Tustin for 180- foot steel pedestrian bridge Class I trail bridge overcrossing of Tustin Ranch Road. HUNSAKER&ASSOCIATES IRVINE, INC. John R. Gass, PE Manager — Water. Sewer and Utility Coordination Credentials: BS Northern Arizona University, Flagstaff, 2001, Civil Engr. California, 2010, Professional Engineer Civil No. 68664 RFP No. 22-51 On -Call Professional Civil Engineering Services KEYFACTORS ■ 21 years of experience and PE registration ■ Expert on sewer, water and recycled water facilities ■ Developed designs for multiple pumping stations Professional Experience: ■ Experience with multiple utility Mr. Gass has in-depth knowledge and expertise in the water and wastewater owner criteria industry including preliminary investigations, conceptual design, final engineering and construction support. The highlights of Mr. Gass' career include Proven Project Manager for water and sewer master plans to accommodate projects ranging from 30,000 infrastructure dwelling units to small infill projects. He has designed storage tanks, booster stations, PRV facilities, lift stations and performed hydraulic studies for water and sewer systems for projects throughout Southern California. Key Projects: City of Irvine/IRWD, Bake Parkway and Lake Forest Drive Extension, Irvine, CA: Mr. Gass oversaw design of the domestic water, recycled water and sanitary sewer connecting to existing pipelines. City of Irvine/IRWD, Great Park Neighborhoods Infrastructure, Irvine, CA: Mr. Gass directed the design of domestic water main, recycled water mains and sanitary sewer mains and appurtenances such as booster pump stations and lift stations to provide the extensive infrastructure needed for future development. City of Irvine/IRWD, Great Park Sports Complex, Infrastructure Systems, Irvine, CA: Mr. Gass was responsible for all domestic water, recycled water and sanitary sewer infrastructure to serve the 176-acre complex that includes several buildings, paved sporting facilities, unpaved playing fields and parking areas. City of Irvine/IRWD, Heritage Fields Neighborhoods Infrastructure, Irvine, CA: Mr. Gass directed the design of domestic water main, recycled water mains and sanitary sewer mains and appurtenances such as booster pump stations and lift stations to provide the extensive infrastructure needed for future development. IRWD, Alton Parkway Extension, Lake Forest, CA: Mr. Gass supervised the design of 4,600 feet of 15-inch sewer located within Alton Parkway between Towne Centre Drive and Commercentre Drive including a connection to the existing 15-inch sewer at the intersection of Towne Centre Drive and Alton Parkway. Elsinore Valley Municipal Water District, Rosetta Canyon, Lake Elsinore, CA: Mr. Gass administered the design of 4 miles of regional sewer with 1.5 miles located in the existing 3rd Street and a crossing under 1-15. City of Buena Park, Lincoln Avenue Sewer, Buena Park, CA: Mr. Gass supervised the design of 2,800 feet of 8-inch gravity sewer located in Lincoln Avenue (between Valley View and Holder) constructed by pilot tunneling. HUNSAKER&ASSOCIATES IRVINE, INC. `S �g W 110 O s. LA RFP No. 22-51 On -Call Professional Civil Engineering Services Patrick L. Pagaduan, PE KEY FACTORS Manager - Drainage Design and Hydrology and Hydraulics Studies 32 years of experience and PE registration Credentials: ■ Past employment as an BS California State Univ., Long Beach, 1992, Civil Engr. engineer in public sector BA University of California, Irvine, 1987, Economics ■ Hydrology and hydraulics California, 1996, Professional Engineer Civil No. 56820 expertise Professional Experience: ■ Capable of structural analysis Having worked as an engineer in the public sector, Mr. Pagaduan has for hydraulic structures experience in public works design and construction inspection. He also has in- ■ Experience with FEMA and the depth experience starting as an intern emphasizing hydrology and hydraulic analysis of private and public infrastructure systems, surface runoff, water quality analysis, and the design of drainage and storm drain systems. Key Projects: City of Irvine, Lower Peters Canyon, Irvine, CA: Mr. Pagaduan created design for drainage and storm drain systems with complex hydrologic analysis/mapping for 25- and 100-year storm events, hydraulic analysis, and structural calculations of drain structures for a residential community of over 400 lots. City of Irvine, Tomlinson Park, Brea, CA: Mr. Pagaduan prepared design of drainage and storm drain systems with design and hydraulic analysis of regional drainage facility, and the interior backbone storm drain system, which conveys the 100-year storm event and structural calculations for a concrete box section for a residential community of over 200 residential lots. City of Buena Park, Cerritos Ave. Drainage Study, Buena Park, CA: Performed investigation into flooding of frontage road with watershed analysis for multiple storm events, modeling of existing piping and several alternatives. City of Huntington Beach, 1st Street Storm Drain, Huntington Beach, CA: Mr. Pagaduan designed drain and water quality system including hydrologic and hydraulic analysis of the 25- and 100-year storm events, 2,000 LF of reinforced concrete pipe, diversion structure and underground detention vault to provide 0.9 acre-feet of storage. Orange County, Borrego Canyon Wash Channel, Orange County, CA: Mr. Pagaduan performed hydraulic analysis for conveyance the 100-year storm event of 5,200 cfs, removal of the existing concrete trapezoidal channel, grading and all structural steel/concrete calculations for a reach of 2,700 linear feet and FEMA Analysis for CLOMR and LOMR. City of Buena Park, Fullerton Creek Storm Channel, Buena Park, CA: Prepared grading and improvements to replace in existing trapezoidal channel with an interim sheet pile rectangular channel, which included transition structures, lateral pipeline design, and preparing settlement monitoring plans. HUNSAKER&ASSOCIATES IRVINE, INC. Martin Parker, CESSWI Manager - Water Quality (WOMP, NPDES, SWPPP) Credentials: BA University of California, Irvine, 2004, Environmental Analysis and Design Certified Erosion, Sediment and Storm Water Inspector (CESSWI No. 2914) Professional Experience: Mr. Parker is responsible for the preparation of documents including Storm Water Pollution Prevention Plans and Management Plans. Mr. Parker has been involved with many large and small scale planning projects that have dealt with a multitude of issues. He has experience in working with environmental concerns such as wetlands and with endangered species, with projects located on severe hillsides or having earthwork constraints. RFP No. 22-51 On -Call Professional Civil Engineering Services KEY FACTORS ■ 18 years of experience and CESSWI certification ■ Knowledgeable of Federal, State and local regulations ■ Created innovative solutions for storm water treatment ■ Expertise in endangered species and wetlands ■ Excellent technical writer with many report formats Key Projects: City of Irvine, The Great Park Neighborhoods, Irvine, CA: Mr. Parker managed preparation of a WQMP, which utilizes state-of-the-art media BMPs for 1,500 single-family residential units, condominiums, parks and private amenities. Orange County, Rancho Mission Viejo, Orange County, CA: Mr. Parker directed development of a comprehensive WQMP in conjunction with the Site Development Permit for 160 single-family residential units on 20 acres of land. City of Los Angeles, Porter Ranch, Los Angeles, CA: Mr. Parker administered project specific Standard Urban Storm Mitigation Plans, Storm Water Pollution Prevention Plan and water quality testing for 655-acre project with 2,500 residential dwelling units, parks, recreational amenities and a school site. The Village at Bella Terra, Huntington Beach, CA: Mr. Parker directed preparation of a Final Water Quality Management Plan for a 19-acre mixed -use development consisting of 600,000 square feet of buildings. Dana Point Hotel, Dana Point, CA: Mr. Parker completed a comprehensive management plan consisting of state of the art BMPs and a Green Roof to meet LID requirements for a hotel on an infill development. Los Alisos Apartments, Mission Viejo, CA: Mr. Parker implemented a Mr. Parker Management Plan in accordance with hydromodification requirements per the South Orange Model WQMP for a 320-unit apartment complex on an infill development site including landscaping and recreation areas. The Collection and Buena Vista Creek, Oceanside, CA: Mr. Parker created a Priority development Storm Water Mitigation Plan incorporating Low Impact Development features and hydromodification mitigation for a hotel development consisting of three hotel buildings with shared outside amenities and attached restauranYpavilion. HUNSAKER&ASSOCIATES IRVINE, INC. 4 �,Ew1oR r � h RFP No. 22-51 4 FERN:* On -Call Professional Civil Engineering Services Michael Tice, PLS KEY FACTORS &Tanager — Surveying ■ 33 years of experience and PLS registration Credentials: ■ Experienced manager of H&A BS California Polytechnic, Pomona, 1988, Engineering Technology field survey activities California 1995 Professional Land Surveyor No. 7201 ■ Performed design and Instructor for Upper Level Surveying Courses, Rancho Santiago College boundary surveys Professional Experience: ■ Expert at construction staking Mr. Tice has experience in a wide variety of surveying projects. Mr. Tice has and as -built surveys experience in GPS surveying, aerial topographic surveys and boundary surveys, - Supervised surveying for Corps ground topographical surveys, and infrastructure and construction surveys. Mr. of Engineers Tice has been the Project Manager for several large projects involving several survey crews, office personnel, government officials and a variety of clientele. He is also in charge of the scheduling, time management and billing of 18 field crews with total of more 40 employees in department. Key Projects: City of Irvine, Great Park Neighborhoods, Irvine, CA: Mr. Tice supervises design surveys including topographic data collection, project control nets, monument perpetuation, and construction staking of grading and site improvements, utility infrastructure, buildings and structures. City of Irvine, Orange County Great Park Sports Complex, Irvine, CA: Mr. Tice managed the Sports Complex and Amphitheater Facility design surveys, project control nets, boundary lines, and construction staking of grading and site improvements, utility infrastructure, buildings and structures. City of Irvine, USMA El Tor Boundary Survey, Irvine, CA: Mr. Tice directed the complete field boundary and ALTA/ACSM surveys City of Irvine, Irvine Boulevard Widening, Irvine, CA: Mr. Tice managed the surveying efforts on this project from initiation to construction completion including topographic surveys and also provided construction surveying services and construction management coordination. City of Irvine, Lake Forest Drive/Laguna Canyon Road, Irvine, CA: Mr. Tice supervised the field design surveying work involving compliance and coordination with Irvine, Lake Forest and Caltrans criteria. East Campus Student Housing, University of California, Irvine, CA: Mr. Tice as field survey director managed the design surveying, construction staking including rough grading, precise grading, parking lot, infrastructure systems, drainage and water quality basin. Department of the Army — L.A. District Corps of Engineers: Mr. Tice as field survey director organized staff who performed Aerial Control and Field Survey to establish horizontal and vertical control for photogrammetry. The horizontal locations were determined using GPS observations as part of a 2-Year "On -Call" Surveying Contract. HUNSAKER&ASSOCIATES IRVINE, INC. ��wrpkr Robert Wheeler, RLS Manager - Mapping Credentials: BS California State Polytechnic University Pomona 2008 Civil Engineering, California 2009 Professional Land Surveyor No. 8639 Professional Experience: Mr. Wheeler has extensive experience in Land Surveying being involved since before completing his college education in boundary resolution, horizontal control, encumbrance maps, topographic mapping, ALTA mapping, preparation of legal descriptions, lot line adjustments, record of surveys, subdivision maps, condominium conversions, new condominium project developments, and preparation of other survey related exhibits. RFP No. 22-51 On -Call Professional Civil Engineering Services KEYFACTORS ■ 23 years of experience and PLS registration ■ Experienced in title, easement and boundary research ■ Knowledge of Caltrans right-of- way procedures ■ Supervised numerous ALTA investigations ■ Capable of compiling field and office research effectively Key Projects: City of Irvine, Great Park Neighborhoods, Irvine, CA: Mr. Wheeler continues to prepare boundary analysis, tract maps, legal descriptions and plats, easements and monumentation for development of extensive areas. City of Irvine, USMC El Toro Boundary Survey, Irvine, CA: Mr. Wheeler directed a team that performed boundary analysis and encumbrances plotting. H&A's services included a Record of Survey, Final Land Conveyance Parcel Map and numerous Lot Line Adjustments. Other specialized tasks included preparation of 675 separate Legal Descriptions. City of Irvine, Annual Slurry Seal and Pavement Rehabilitation, Irvine, CA: Mr. Wheeler managed all street monumentation pre -construction tie -out survey and post -construction monuments survey/resetting of disturbed monuments, post -construction corner records and preparation of field located undocumented monuments locations. City of Irvine, Heritage Fields (USMC El Toro reuse), Irvine, CA: Mr. Wheeler compiled record of survey, legal descriptions for CFD's, grant deeds, easement vacations, right of way, and title exhibits and exhibits. City of Irvine, Bake/Lake Forest Extension, Irvine, CA: Mr. Wheeler developed legal descriptions for right of way dedication, grant deeds, vacations and quitclaims of easements, new easements and rights of way for the Bake Parkway and Lake Forest Drive extension. County of Riverside, On -Call Surveying Services, Riverside, CA: Mr. Wheeler supervise staff establishing boundary lines, right of way maps and monument perpetuation, and construction staking of grading and site improvements, utility infrastructure, buildings and structures and collection of as -built data and plan checking of tract maps and boundary calculations. City of Lake Elsinore, Railroad Canyon Road Widening, Lake Elsinore, CA: Mr. Wheeler directed preparation of a Record of Survey to restore proper monumentation and remedy existing ownership/property gaps for ultimate widening. City of Anaheim, A-Town/Platinum Triangle, Anaheim, CA: Mr. Wheeler prepared ALTA surveys, final maps, and right of way dedication and vacation documents for project near Angel Stadium in dense urban area. Crean Lutheran High School, Irvine, CA: Mr. Wheeler evaluated data from topo and boundary surveys 15-acre high school site with parking structure, gymnasium, performing arts, classrooms, administration building and tennis courts. HUNSAKER&ASSOCIATES IRVINE, INC. EXHIBIT B SCHEDULE OF BILLING RATES ON -CALL CIVIL ENGINEERING POSITION3 OFFICE PERSONNEL years Rates Principal/Project Manager $212 Engineer/Office Surveyor $165 Designer/CAD Technician $165 FIELD PERSONNAL 1-Man Survey Field Crew (union) $231 2-Man Survey Field Crew (union) $295 3-Man Survey Field Crew (union) $360 FIELD PERSONNAL (overtime) 1-Man Survey Field Crew (union) $276 2-Man Survey Field Crew (union) $381 3-Man Survey Field Crew (union) j $469 The above rates are for all professional staff and will be valid for the 3-year term as noted above. In the event this Agreement extends beyond the initial 3-year term, then Consultant shall provide written notice to the City at least sixty (60) day prior to such extension of any changes in the above rates, otherwise the above rates will continue to apply for the duration of any such extension. Consultant does not bill for secretarial or other office support personnel. Consultant shall not bill for computer time and minor copying. The following items require prior written authorization from the City: • the cost of reproductions, computer plotting or deliveries; • outside services invoiced directly to City through City suppliers or at cost plus 10% when invoiced through Consultant; • All travel lodging, meals, onsite transportation, auto, or truck rental and fuel costs are reimbursable to Consultant at cost plus 10% in addition to the stated fees. No travel expenses, meals, rental, mileage or other travel costs shall apply for travel within Orange County, or for Consultant's personnel and agents' travel to and from that person's primary worksite. Hunsaker & Associates Irvine, Inc. Page B-1 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least One Million Dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers and employees. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit each accident. Hunsaker & Associates Irvine, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least Hunsaker & Associates Irvine, Inc. Page C-2 fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days' advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. 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. Hunsaker & Associates Irvine, Inc. 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. Hunsaker & Associates Irvine, Inc. Page C-4 PART City of Newport Beach SEW i.J Insurance Compliance >.. > PO Box 100085 - FV `q mom P Duluth, GA 30096 July 27, 2022 Hunsaker & Associates Irvine, Inc. 3 Hughes Irvine, CA 92618 Reference Number: FV00000807 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]