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HomeMy WebLinkAboutC-8177-2 - On-Call PSA for Civil Engineering ServicesON -CALL PROFESSIONAL SERVICES AGREEMENT WITH TAIT & ASSOCIATES, 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 TAIT & ASSOCIATES, INC., a California corporation ("Consultant"), whose address is 701 Parkcenter Drive, Santa Ana, California 92705, 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. Tait & Associates, Inc. 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 David Sloan, 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. Tait & Associates, 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. Tait & Associates, Inc. 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 Tait & Associates, Inc. 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. Tait & Associates, Inc. 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 Tait & Associates, 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. Tait & Associates, 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. Tait & Associates, 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: Jacob Vandervis Tait & Associates, Inc. 701 Parkcenter Drive Santa Ana, CA 92705 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 Tait & Associates, Inc. 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. Tait & Associates, 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, Tait & Associates, 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] Tait & Associates, 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 ATTORNEY'S OFFICE Date: 7 / 1 V77- By: r V; ron C. Harp City Attorney ATTEST - Date: Date:_ BrownM64-,"- - V Jp� City Clerk r 1 CITY OF NEWPORT BEACH, a California municipal corporation CONSULTANT: Tait & Associates, Inc., a California corporation Date: Signed in Counterpart By. Thomas F. Tait Chief Executive Officer Date: Signed in Counterpart By: Jason Jones Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Tait & Associates, 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 ATTOR EY'S OFFICE Date: -712l2y By: A on C. rIS C 12,22 ity Att2, e„/ ATTEST: Date: la Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONSULTANT: Tait & Associates, Inc., a California cor or do Date. 37- z By: Thomas F Tait Chief Executive Officer Date: 65/11 ZZ Jaso Joni 6 Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Tait & Associates, Inc. Page 13 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. Tait & Associates, Inc. Page A-1 TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES COVER LETTER April 6 2022 City of Newport Beach Michael J. Sinacori, Assistant City Engineer RE: REQUEST FOR QUALIFICATIONS (RFQ) 22-51, ON -CALL CIVIL ENGINEERING SERVICES Dear Mr. Sinacori, Drive, Civic Center Drive, and Portola Parkway Rehabilitation Project, to name a few. TAIT & Associates, Inc. (TAIT) is pleased to submit the enclosed Statement of Qualifications (SOQ) in response to the City of Newport Beach's (City) RFQ for On -Call Civil Engineering Services. TAIT has greatly appreciated the opportunity to provide on -call engineering services to the City of Newport Beach for the last 6 years and looks forward to continuing our relationship over the next cycle of consultant services. TAIT at a Glance. At TAIT, we have provided innovative engineering solutions to our clients for more than 58 years. We understand that Additionally, we have a deep bench of experience with recent On -Call contracts including City of Newport Beach, Seal Beach, Manhattan Beach, Port of Long Beach, the County of Orange, Lake Forest, Irvine, Lake Elsinore, and Mission Viejo, to name just a few of our recent contracts. We are confident in our ability to service the City based on our experience in local Orange/Los Angeles county agencies. Commitment to Service. We aim to act as an extension of the public projects have their own specific issues, and with 220 associates, City's staff and will place an emphasis on Customer Service which we have the right blend of professional engineers, architects, has been and will remain one of TAIT's Corporate Goals "To surveyors, environmental assessors, and construction personnel with the experience necessary to address critical and big picture concerns. Since TAIT was founded in 1964 in Orange County, we have built mature relationships with state and local agencies throughout Southern California, and consistently create successful partnerships with the agencies for which we work. Expertise and Experience. TAIT's in house personnel have expertise in a broad range of public design services including Civil Engineering, Surveying & Mapping, Planning & Land Development, Architectural, and Maintenance Yard Tank Design, Maintenance. and Remediation Services. Our broad range of in house services makes TAIT an ideal candidate for supporting agencies on their on - call engineering needs. TAIT's specific civil and surveying expertise includes: roadways, utilities, drainage, surveying, mapping, water quality, water, and waste water, site development, site remediation, and fueling systems. We have extensive relevant design experience, including recent projects such as the City of Newport Beach's Bonita Canyon and Ford Road Rehabilitation, City of Fullerton'sJacaranda Neighborhood Rehabilitation and Sewer Replacement, City of Norco's MPD Storm Drain Line N-4 Project, and City of Lake Forest's Dimension Completely Satisfy our Customers". David Sloan will be the main point of contact for TAIT's services and can be reached in our Santa Ana office at 701 Parkcenter Drive, phone number 714-560- 8200 ext. 643, and email dsloan@tait.com. We thank you for this opportunity to submit our qualifications and look forward to further discussing with you our capabilities and commitment to working with the City of Newport Beach. Very truly yours, T T & Associates, In . Ja ob Vandervis, PE 00 / Vice President CITY OF NEWPORT BEACH - APRIL 6, 2022 - PG. 1 TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES FIRM BACKGROUND & EXPERIENCE FIRM PROFILE TAIT & Associates, Inc. (TAIT), is a Southern California based family owned architectural and engineering firm founded by Dr. Kenneth E. Tait, P.E. established in 1964 and incorporated in the State of California. TAIT began as a design engineering consulting and land surveying Firm dedicated to providing quality engineering services to our clients. For the past 57 years, TAIT has grown to have 8 offices throughout the Western United States, namely headquarters in Santa Ana and regional offices in Norco, San Diego, Sacramento, Boise, Denver, Atlanta, and Dallas. We have approximately 220 associates who work together as a team to provide a full range of design services. FIRM CAPABILITIES: Our family -owned, multi -disciplined firm offers an array of consulting services to public agencies and private development clients. More specifically, we offer project management, civil engineering, surveying, architectural, planning, entitlement, right of way engineering, and environmental investigation and remediation services. Within the Engineering Group, our in-house design and management services include: • Public Roadway Rehabilitation, Widening, and New Construction • Water Quality Design & Review (LID Plan, SWPPP, etc.) • Public On -Site and Building Improvements (Including Architectural Services) • Public Parking Facilities Site Improvements • Storm Drain Design and Hydrologic & Hydraulic Analysis • Water & Waste Water Rehabilitation & New Construction • Public Improvement & Private Development Design Plan Checking • Architectural & Structural Design Services • Phase I and Phase II Environmental Assessments • Construction Management, Inspection & Surveying Services • Design and Construction Survey .Services TAIT SINCE 1964 CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 2 STRENGTHS: H&H AND STORM DRAIN TAIT has built a reputation of successfully managing projects from concept to completion, with both big company expertise and small company culture dedicated to customer service. We have specific expertise in public infrastructure development, land development, natural resource preservation, and environmental management. We also understand the tight time and money constraints under which our clients frequently operate and strive to provide unique solutions that allow our client's projects to be completed on time and within budget. RELEVANT EXPERIENCE: ARTERIAL REHABILIATION PIPELINE DESIGN ROADWAY 3 TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES Jacob Vandervis PE/QSD/P Principal -in -Charge LEADERSHIP David Sloan PE Lead Project Manager CORE TEAM - ENGINEERING Bart Mink PE, LEER AP Project Engineer (Roadway) Alt. P.E. // Chris Engelbach , E.I.T. Samantha Wohlfarth PE Project Engineer (Utilities) Alt. P.E. // Michael Tran, E.I.T. Todd Broussard PE/QSD/P QA/QC Manager Daniela Malott PE Project Engineer (Drainage) Alt. P.D. // Sequoia Shire, E.I.T. CORE SUPPORT TEAM -ARCHITECTURE & SURVEYING Dan Hinson Michael Furlong Reese Brashear Architect PLS LSIT Project Architect Sr. Professional Surveyor Party Chief SUBCONSULTANTS (D e e e TJW GMU SoCal Geo CDPC BrightView Traffic Engineering Geotechnical/ Site Geotechnical Landscape Landscape Pavement Architecture Architecture CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 4 TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES FIRM STAFF QUALIFICATIONS NAME • • REGISTRATIONS • Jacob Vandervis, P.E. Principal -in -Charge CA No. SC46301 36 25 Todd Broussard, P.E., QSD/P QA/QC Manager CA No. C57144 35 2 David Sloan, P.E. Lead Project Manager CA No. C82595 15 8 Bart Mink, P.E., LEED AP Roadway Engineer CA No. C82953 24 4 Samantha Wohlfarth, P.E. Site/Infrastructure Engineer. CA No. C86126 10 10 Daniela Malott, P.E. Drainage / Water Quality Engineer CA No. C86581 10 5 Chris Engelbach, E.I.T. Alternate Roadway Engineer 13 6 Michael Tran, E.I.T. Sequoia Shire, E.I.T. Alternate Site/Infrastructure Engineer 9 7 Alternate Drainage / W.Q. Engineer 4 2 Dan Hinson, Architect Project Architect CA No. C27416 29 5 Michael Furlong, PLS Sr. Professional Surveyor CA PLS No. 8899 43 3 Reese Brashear, LSIT Field Party Chief CA LSIT No. 7868 19 19 Key Personnel--tPg4VkfiT_ Jacob Vandervis, P.E., QSD/P Principal -in -Charge Mr. Vandervis is a licensed civil engineer with over 36years of experience with land development projects in the western United States. His areas of expertise include site design, grading design, drainage studies, water pollution control plans, erosion & sediment control plans, as well as street improvement plans. He is experienced in site design of all sizes for commercial development, involved in preliminary design to develop cost estimates & due diligence packages, as well as experienced in the entitlement phase of projects. His surveying experience includes the preparation of ALTA and topographic surveys, parcel maps, record of survey and legal descriptions. Todd Broussard, P.E., QSD/P QA/QCManager In addition to 13 years of private development experience, Mr. Broussard has over 21 years of municipal design and project management experience as Principal in Charge with the City of Huntington Beach Public Works Department, overseeing an annual Capital Improvement Program budget of approximately $25 million per annum. Project specific responsibilities included street improvements, wastewater, stormwater, and special projects outside of the public right of way. i CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 5 TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES Key Personnel--LeAofi� David Sloan, P.E. Lead Project Manager David is TAIT's public infrastructure project manager and serves as the project coordinator and lead for public projects at TAIT. David comes with a wealth of relevant experience, and he recently served as project manager for the rehabilitation of nine major roads throughout the City of Pomona. David has performed and coordinated detailed designs on arterial roadways, conducted utility coordination for major relocations on high profile projects, and coordinated project management efforts on multiple projects throughout the Southern California region. Additionally, David acts as a community coordinator for high profile projects which require community coordination and presentations. Key Personnel -- Eofwwwit Bart Mink, P.E., LEED AP Project Engineer (Roadway) Bart Mink registered civil engineer in California and LEED AP certified brings 23 years of multidisciplinary experience to our team. Bart is results -driven and detail -oriented. He is proficient in many facets of civil site engineering, including the municipal, industrial, commercial and residential fields. Bart is proficient in water hydraulic modeling utilizing KY Pipe and WaterCAD. He is also proficient in wastewater modeling using SewerCAD. Bart has in depth knowledge and experience in water/wastewater treatment and design. He is skilled in state and federal funding policies and procedures and is efficient with Autodesk Civil 3D including grading, corridors, and pipe networks. Samantha Wohlfarth, P.E. Project Engineer (Site /Infrastructure) Samantha is one of TAIT's key site engineering and infrastructure design engineers and has extensive recent experience working on site improvements such as parking field rehabilitations, ADA site improvements, as well as on -site infrastructure upgrades and improvements. Her professional experience includes the preparation of site demolition, grading, erosion control, water quality and design improvements as well as water main replacement, storm drain, and sewer plans, drainage reports, cost estimates, and storm water management reports associated with the required site improvements for both public agencies and private development projects. CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 6 �EWPpRT k TAIT & ASSOCIATES, INC. Key Personnel v E0TWWW1- ON -CALL ENGINEERING SERVICES Daniela Malott, P.E. Project Engineer (Drainage) Ms. Malott has a strong civil engineering background with a focus on water resources and surface runoff and water quality engineering. Her engineering experience includes hydrology, storm drain design, and hydraulics. Her computer modeling background includes the application of the U.S. Army Corps of Engineers HEC-HMS (Hydraulic Modeling System), HEC-SSP (Statistical Software package), and HEC-RAS (River Analysis Software), Watershed Modeling System (WMS), Advanced Engineering Software (AES) for hydrologic/hydraulic analysis in Southern California, Water Surface Pressure Gradient (WSPGW) Software, XP-Solutions Storm Water and Wastewater Management Model (XP-SWMM), AutoCAD Civil 3D, and ArcGIS. Chris Engelbach, E.I.T. Project Engineer (Roadway) Chris is an experienced Project Engineer in design, approval, and quality control of residential and commercial land development as well as public work projects. He has expertise in preparation of tentative tract maps, street, rough grading, erosion control, storm drain, sewer and water, and precise grading plans; hydrology and hydraulic calculations utilizing Civil-D and WSPG; WQMP employing new low impact development methods; coordination with clients, sub -consultants, site managers, contractors, and survey crew. Chris technical skills include AutoCAD Civil 3D, Water Surface Profile Gradient Software (WSPG), Civil-D, and Microsoft Project. Michael Tran, E.I.T. Project Engineer (Site /Infrastructe) As a Project Engineer, Michael has performed and coordinated detailed designs on residential, commercial, industrial and public works projects throughout the Southern California region. In addition to the wide range of projects, Michael has also designed and coordinated K-12 and higher education projects. He is an effective communicator and well-rounded engineer that stays in contact with his clients throughout the life of his projects. He has a great passion for quality of design and project ownership. Sequoia Shire, E.I.T. Project Designer (Drainage / Water Quality) Ms. Shire is a Storm Water Treatment and Management Plan specialist and has prepared Hydrology and Hydraulics reports and Water Quality Management Plans throughout Southern California on projects ranging from single acre development sites to large master planned communities. Her technical background and areas of expertise include the preparation of NPDES documents and performing stormwater hydrology and hydraulic analysis for new and redevelopment projects. In addition to serving as the Firm's storm water design specialist and erosion control design professional, Ms. Shire also provides design services as a design engineer on various public and private development projects. CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 7 Q "EW PORT o mm n C9GIFORN�P TAI1 & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES Key Personnel1'�/ Dan Hinson, Architect Project Architect As a firmly established architect in Southern California, Dan Hinson has more than 28 years of experience in all aspects of the architectural field. Dan has established and maintains a diverse list of clientele. Dan has extensive experience in the construction industry from finishing concrete to general contracting. As a general contractor, he has provided Design -Build projects consisting of office space, restaurants, hotels and concrete "tilt -up" buildings. The combination of construction field experience along with architectural sensitivity gives Dan a truly unique ability to provide balance to a project. It is this understanding that gives clients confidence that projects will meet a budget and be completed on time, a value that always brings a vision into reality. Michael Furlong, P.L.S. Senior Professional Surveyor Mr. Furlong is a Land Surveyor licensed in the State of California with 42 years of experience, over 30 of those being in the Field on all types of Projects from Boundary Surveys to Construction Services with some of the largest listed below. More recently he has spent years providing Mapping Services preparing Tract Maps, Parcel Maps, Record of Surveys, Corner Records and Exhibits of all kinds as well as providing Support to Engineering and Field Support for the Survey Crews. Reese Brashear, L.S.I.T. Field Party Chief Mr. Brashear's expertise is in field surveying, A.L.T.A. surveys, rough grade staking operations, construction staking projects, engineering design surveys, as -built surveys, topographic surveys, and GPS surveys. Recently completed projects include the Tustin Family Campus and County Regional Park projects for the County of Orange, and construction staking for 3 miles of local streets, sewer, water, and storm drain improvements for a 80 acre residential development located in the City of Tustin's Tustin Legacy development on the former MCAS Tustin military base, and numerous boundary, ALTA and topographic surveys for both private and public projects during career at TAIT. CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 8 TAIT & ASSOCIATES, INC. Sub -Consultants 1JW Engineering Traffic Engineering TJW Engineering, Inc. (TJW), VSBE, is a professional traffic engineering and transportation planning firm founded by Thomas J. Wheat, P.E., T.E., who has over twenty years of experience in the transportation sector of civil engineering. The TJW team provides complete range of transportation engineering services having designed and prepared hundreds of traffic engineering design plans and transportation planning studies to various public agencies, contractors, developers, architects, and other engineering firms throughout Southern California. Over the past five years the TJW team has worked with TAIT on various projects requiring street signing, striping, lighting, signalization and traffic control plans. GMU Pavement Analysis �/� GMU Geotechnical, Inc. (GMU) has ��f �J built a reputation over 45 years as a trusted GEOTECHNICAL,INC consultant for some of the most challenging and recognizable projects throughout Southern California. GMU prides itself on providing cost effective, innovative solutions utilizing a pro -active approach for both public and private development and improvement projects. GMU's in-house laboratory is approved by the California Department of Transportation (Caltrans), AASHTO Materials Reference Lab (AMRL), the County of Orange, and other public agencies. SoCal Geotechnical Geotechnical Consulting Southern California Geotechnical, Inc. (SoCal Geo) is a consulting engineering firm providing geotechnical and environmental consulting services to clients in the commercial, residential, industrial, retail, and governmental fields. It is a California corporation founded, owned, and operated by the principal engineers, the same engineers who perform or supervise all of their consulting services. The commitment of the founders is to provide responsive, cost-effective, and technically reliable service to our clients while fostering a stimulating professional environment for their employees. ON -CALL ENGINEERING SERVICES CDPC Landscape Architecture Conceptual Design and Planning Company (CDPC) is an innovative, comprehensive landscape architectural firm offering services for a wide variety of project types and clients. Their corporate resume includes projects for state, city and government agencies, as well as, private developers of retail, commercial, institutional, recreation, hospitality, senior housing, and large scale residential. Established in 1994 by Registered Landscape Architect, Jim Balciovin and founded on the principle that design should be driven by purpose, CDPC seeks to create functional outdoor spaces with cohesive aesthetics that enable the people who use them to connect with their nt. Our portfolio of professional services covers all aspects of Landscape Architecture & Design. BrightView Landscape Architecture BrightView is the nation's leading BrightView commercial landscape firm with over 18,000 DeIyn Group employees in services including planning and design, development and construction, resource management, maintenance and operations. BrightView Design Group (BVDG), the creative center of BrightView, would lead this master planning effort with the in-house support across BrightView. Our team is composed of landscape planners and architects, environmentalists, arborists, horticulturists, landscape and general contractors, crews, and estimators who are recognized for their expert knowledge, planning and delivery models, field workmanship, and innovation in design. With a diverse landscape portfolio, we are a team of dedicated experts with a proven record of professional commitment to improving and caring for our outdoor resources. CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 9 VPp TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES RESUMES Jacob Vandervis, P.E., QSD/P Principal -in -Charge Education B.S. Civil Engineering - California State University, Long Beach Year of TAIT Team Enlistment 1997 Total Experience 36 Certifications Registered Professional Engineer, Civil - CA, OR, AZ, UT, NV, ND, WA, HI,&AK. Professional Engineer California No. C46301 Mr. Vandervis currently serves as a Vice President/Chief Operations Officer in TAIT's Corporate Office in Santa Ana. In addition to his management duties, he acts as the primary point of contact for several national retail and residential developers. Mr. Vandervis is a licensed civil engineer with over 36 years of experience with land development projects in the western United States. His areas of expertise include site design, grading design, drainage studies, water pollution control plans, erosion & sediment control plans, as well as street improvement plans. He is experienced in site design of all sizes for commercial development, involved in preliminary design to develop cost estimates & due diligence packages, as well as experienced in the entitlement phase of projects. His surveying experience includes the preparation of ALTA and topographic surveys, parcel maps, record of survey and legal descriptions. In addition, Mr. Vandervis has completed fuel tank upgrade programs for various major oil company sites, done facility upgrades for utility clients and has been responsible for entitlement, site design, utility coordination, plan approval, and construction administration on fueling projects. He is a certified Qualified SWPPP Developer (QSD), Certified Development, Design & Construction Professional (CDP) and Certified Retail Property Executive (CRX). Selected Projects: Pipeline Management Program, FY2018-2019 Phase 1 Project Glendale Water & Power, Principal in Charge, 2018-2019 PIC of the work being conducted by all TAIT staff to provide Design Engineering Service for the $3.1 M water main replacement project throughout various locations in Glendale, CA. Primary responsibilities were to review and stamp water main replacement plans and specifications, supervise design engineers and coordinate with client and contractor through the design and construction phases. The Creek at Dominguez Hills, City of Carson, Principal -in -Charge, 2017-2020 This project is 86-acres of a 171-acre development in concert with the County of Los Angeles Department of Parks and Recreations. The TAIT portion of the development has many exciting features for public and private events, including a new Driving Range with 100+ Bays and Putting Areas, a 199,000 SF Gymnasium, 750-foot Zip Line and Adventure Course, 6+ acre Outdoor Amphitheater and Public Park, Clubhouse, Sport Wellness Facilities, a Marketplace, Dining, Youth Outreach Center, and jogging paths around the site. The project is LEED Site Certified, including 2 buildings with LEED Certification. Monterey Park Market Place, City of Monterey Park, Project Manager, 2015-Present The design of the development includes slope stabilization, retaining wall design, street improvement design, utility installation, overall site development, and over 400,000 cubic yards of dirt removal and regrading. The project involves three geotechnical analysis. The geotechnical analysis included recommendations for the design on and near the landfill; for the slope stabilization throughout the site; and for the overall site development and construction. CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 10 TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES Todd Broussard, P.E., QSD/P QA/QC Manager Education Master of Public Administration, California State University B.S. -- Civil Engineering, University of Louisiana, Lafayette Year of TAIT Team Enlistment 2021 In addition to 13 years of private development experience, Mr. Broussard has over 21 years of municipal design and project management experience as Principal in Charge with the City of Huntington Beach Public Works Department, overseeing an annual Capital Improvement Program budget of approximately $25 million per annum. Project specific responsibilities included street improvements, wastewater, stormwater, and special projects outside of the public right of way for the City as detailed below. Selected Projects: Arterial Rehabilitation, Engineer of Record/Principal-in-Charge Engineer of Record and/or Principal in Charge of the rehabilitation of approximately 60 miles of arterial highways, including adjacent curb & gutter, sidewalk and street landscaping. Was an early proponent of emerging technologies, including the utilization of Full Depth Reclamation (FDR) rehabilitation method, use of Hot Mix Rubberized Asphalt (HMRA), and Fiber Reinforced Asphalt Concrete (FRAC). Residential Overlay, Engineer of Record/Principal-in-Charge Engineer of Record and/or Principal in Charge of the rehabilitation of approximately 150 miles of residential street pavement. Atlanta Street Widening Project, Principal in Charge Principal in Charge of the Atlanta Widening project, which utilized Federal Funding, requiring and approvals from both Caltrans and OCTA. The widening required the relocation of overhead utilities, and 8 mobile homes and their residents. The project required an "Order of Immediate Possession" (Eminent Domain) proceedings in order to acquire the necessary right of way and therefore, coordination/meeting with both the City's and the property owner's attorneys. The project entitlements included a Mitigated Negative Declaration and Coastal Development Permit. Approvals from the State's Housing Community Development Department was also necessary as on -site improvements fell under their jurisdiction. Total Experience Warner Avenue Gravity Sewer Replacement Project, Principal-in- 35 Charge Certifications Served as Principal in Charge overseeing consultant designed Warner Avenue Gravity Sewer Replacement Project. This project upsized the existing sewer main utilizing the micro tunneling Professional Engineer method of construction. California No. C57144 Alabama Storm Drain Upgrade Project, Engineer of Record/Principal- in-Charge Served as Engineer of Record and Principal in Charge of the Alabama Storm Drain project to upsize approximately 2,200 lineal feet of storm drains. The project utilized a Federal Community Development Block Grant to fund the construction and required a Coastal Development Permit. CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 11 TAIT & ASSOCIATES, INC. David Sloan, P.E. Lead Project Manager Education BS Civil Engineering — Tau Beta Pi Honor Society & Chi Epsilon, University of Southern California BS Physical Science, Biola Year of TAIT Team Enlistment ON -CALL ENGINEERING SERVICES As a Project Manager, David is responsible for supervising staff at TAIT on the preparation of public and private development projects. David has performed and coordinated detailed designs on federally funded arterial roadways, conducted utility coordination for major relocations on high profile projects and conducted project management efforts on multiple projects throughout the Southern California region. David has designed and managed the construction for multiple projects in the southern California region and is an ideal candidate to manage this project for the City. David is an effective communicator and actively stays in contact with his clients throughout the life of his projects. David has also managed multiple public works construction projects and understands the methods and costs of construction. Selected Projects: Campus Drive Pavement Rehabilitation Project, City of Irvine, Project Manager, 2017-2018 As PM, David provided civil engineering and surveying on the Campus Drive Rehabilitation Project from Michaelson Drive to University Drive. The project limits include a total of 4000 linear feet of arterial roadway rehabilitation and reconstruction on Campus Drive which is a 2 lane arterial roadway with bike lanes extending through the City of Irvine. The project includes the design of pavement rehabilitation strategies as well as the identification and replacement of non- ADA compliant curb ramps, sidewalk, replacement of damaged curb and gutter, reconstruction and re -grading of the low point of the roadway due to flooding and ponding issues, coordination with IRWD and UCI for right of way and wetlands protection, and the identification and adjustment/protection of utility facilities throughout the project limits. 2014 Overlay, Alley Reconstruction, and Cerritos Ave. Widening Project, City of Stanton, Project Manager, 2017 Total Experience As PM David provided roadway and drainage design services on three separate project areas: 1. Cerritos Avenue Widening & Drainage Improvement Project; 2. Palais Alley Reconstruction 15 Project; and 3. Bradford Community and Rutledge Avenue Rehabilitation Project. Cerritos avenue Certifications widening project required the widening of Cerritos avenue from Rose Ave to Flower Street which included removal and reconstruction of existing parkway improvements, relocation of power Professional Engineer poles, fire hydrant, water meter, and roadway signs, construction of new curb and gutter, curb California No. 82595 ramps, and alley approach, and the relocation and construction of a new storm drain catch basin and lateral. TAIT checked the capacity and flows of the existing inlets to ensure proposed conditions were not constrained. Abridged List of Additional Project Experience by David: • Newport Heights Alleys Replacement, City of Newport Beach, Project Manager • Citywide Comprehensive Drainage Study, Diamond Bar, Project Manager • Portola Parkway Resurfacing Project, Clty of Lake Forest, Project Manager • FY13/14 Major Street Rehabilitation, City of Pomona, Project Manager CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 12 TAIT & ASSOCIATES, INC. Bart Mink, P.E., LEED AP Professional Engineer (Roadway/Pavement) Education B.S. Civil Engineering - Arkansas State University Year of TAIT Team Enlistment 2018 ON -CALL ENGINEERING SERVICES Bart Mink, PE, LEER AP, a registered civil engineer in California and LEED AP certified brings 23 years of multidisciplinary experience to our team. Bart is results -driven and detail -oriented. He is proficient in many facets of civil site engineering, including the municipal, industrial, commercial and residential fields. Bart is proficient in water hydraulic modeling utilizing KY Pipe and WaterCAD. He is also proficient in wastewater modeling using SewerCAD. Bart has in depth knowledge and experience in water/wastewater treatment and design. He is skilled in state and federal funding policies and procedures and is efficient with Autodesk Civil 3D including grading, corridors, and pipe networks. Bart is experienced and knowledgeable in hydrology and hydraulics utilizing such programs as TR-55 and HEC-RAS. He is also knowledgeable with FEMA Letters of Map Amendment and Map Revision procedures. Selected Projects: Glenn Ranch Road Rehabilitation Project, City of Lake Forest, Project Manager, 2021-2022 PM for this currently under design, roadway rehabilitation project. The project plans are currently at 60% level and include approximately 1.8 miles of roadway. The road is a four (4) lane (with turn pockets and lanes) arterial with a mixture of crowned, super -elevated and median cross - sections. The roadway rehabilitation methods are proposed to be a mixture of full width as well as edge grind and overlay. Also, as part of the project, the City is redesigning and restriping one major intersection along Glenn Ranch Road. This project also required design of pavement rehabilitation strategies as well as the identification and replacement of non-ADA compliant curb ramps, sidewalk, replacement of damaged curb and gutter, removal and replacement of slotted cross gutters, signage and striping, and the identification and adjustment/protection of utility facilities. Total Experience Chino Alley Rehabilitation Project, City of Chino, Project Manager, 23 2020-2021 Certifications PM for civil engineering design services on nine (9) alleyways in two separate construction contracts. The project limits include a total of approximately 1.56 miles of residential and Professional Engineer commercial alleys which include full depth removal and reconstruction of the alley roadway California No. 82953 section. This project also required design of pavement rehabilitation strategies as well as the Arkansas No. 12169 identification and replacement of non-ADA compliant curb ramps, sidewalk, replacement of damaged curb and gutter, design of sidewalk bulb outs, replacement of striping and signage, 2009/11LEED Accredited and the identification and adjustment/protection of utility facilities. Professional 2020 Local Paving Project, City of Seal Beach, Project Manager, 2020- 2021 PM for civil engineering design services on several residential roadways in the College Park neighborhood. The project limits include a total of 0.83 miles of residential roadway uniform and variable depth grind and overlay on two (2) lane residential streets. CITY OF NEWPORT BEACH - APRIL 6, 2022 - PG. 13 TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES Samantha A. Wohlfarth, P.E. Professional Engineer (Site/ Infrastructure) Education B.S. Civil Engineering, Ms. Wohlfarth has professional experience that includes the preparation of grading plans, water main replacement plans, storm drain plans and drainage reports, sewer plans, cost estimates and storm water management reports for public and private developments throughout Southern California, Western Washington, and North Dakota. Her project experience also includes the preparation of storm water quality reports such as SWPPP, WQMP, SUSMP and LID as mandated by the state and local municipalities. Ms. Wohlfarth has technical knowledge with multiple software programs including AutoCAD 2009-2018, Civil 3D, Land Desktop, Microstation, GeoPak, WWHM2012, RetainPro, and additional specialty programs. Selected Projects: Pipeline Management Program, FY2019-2020 Phase 1 Project Glendale Water & Power, Project Manager/Engineer, 2019-2020 TAIT was contracted to provide design build services with JDC for various neighborhood water main replacement projects. The project required the replacement of approximately 11,535LF of existing ACP water pipe within 8 local streets, while working in residential streets and incorporating a design that would work with many existing utilities. The process included obtaining DDW approvals for many of the segments. Valparasio University Pipeline Management Program, FY2018-2019 Phase 1 Project Year of TAIT Team Enlistment Glendale Water & Power, Project Manager/Engineer, 2018-2019 TAIT was contracted to provide design build services with JDC for the Pipeline Management 2012 Program, FY2018-2019 Phase 1 water main replacement project. The project was located in residential streets in various areas of Glendale which required our team to develop construction Total Experience documents that could accommodate traffic while working in residential streets and a design that would work with many existing utilities. 10 Chino Quadrant III A, B, and C Water Line Replacement Project, City of Certifications Chino, Project Manager/Engineer, 2017-2018 Professional Engineer This City project required the replacement of approximately 8000LF of existing 6-inch ACP water California No. 861216 pipe with new 8-inch PVC water pipe within 13 local streets for the City. The process included obtaining DDW approvals for 8 of the 14 segments. Hoover, Toll, Keppel Recycled Water Project, Glendale Water & Power, Project Manager/Engineer, 2016-2017 TAIT was contracted to provide design build services with JDC for the recycled water project within the Glenwood residential neighborhood and surrounding schools. The project was located in the residential streets in an area of Glendale which required our team to develop construction documents that could accommodate traffic while working and a design that would work with many existing utilities. CITY OF NEWPORT BEACH • APRIL6, 2022 • PG. 14 TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES Daniela Malott, P.E. Professional Engineer (Drainage/WQMP) Mrs. Malott has a strong civil engineering background with a water resources and surface water focus. Her engineering experience includes storm drain design, hydrology analysis, and hydraulics analysis and modeling. Prior to working for TAIT & Associates, she was a Civil Engineer at Michael Baker International for 4 years. Before working at Michael Baker International she interned for the Los Angeles County Department of Public Works. Her computer modeling background includes the application of Watershed Modeling System (WMS), Advanced Engineering Software (AES) for hydrologic/hydraulic analysis in Southern California, Water Surface Pressure Gradient (WSPGW) Software, XP-Solutions Storm Water and Wastewater Management Model (XP-SWMM), AutoCAD Civil 3D, ArcGIS, and the U.S. Army Corps of Engineers HEC-HMS (Hydraulic Modeling System), HEC-SSP (Statistical Software package), and HEC-RAS (River Analysis Software). Selected Projects: WQMP/BMP Design for Bristol Street Improvements and Civic Center Street Improvements, City of Santa Ana, Project Manager/Project Education Engineer, 2020 M.S. Civil Engineering Mrs. Malott served as the Project Manager/Project Engineer, she provided client coordination, (Hydrology & Water scheduling tracking, reviewed internal scheudling and supported the City in a timely manner and Resources), University of under the budget to achieve the project goals. California, Irvine El Salvador Park Multipurpose Regional Basin, City of Santa Ana, B.S. Civil Engineering, Project Manager, 2020 California State University, Mrs. Malott supported Project Management, and led the team's efforts for the Hydrology, Long Beach Hydraulics and Water Quality Analysis and Calculations. Year of TAIT Team Enlistment Dana Point Harbor Revitalization, City of Dana Point Harbor, Project Manager, 2018-Present 2017 Ms. Malott has provided stormwater technical design for the Master Plan of Drainage for Total Experience Planning Areas 1 and 2, supported the development of the Hydrology and Hydraulics Basis of Design Report and WQMP for Planning Areas 3 and 4 for the Coastal Commission Project 10 Application. Starting 2020, she has assisted as the Project Manager for the Commercial Core and Marina development portions of the DPH Revitalization Plan. As the Project Manager, Certifications Mrs. Malott has overseen the preliminary design of different aspects of the project, and the construction documents design and development for the Phase 2 of the Commercial Core Portion Professional Engineer of the DPH Revitalization Plan. Additionally, Mrs. Malott has led a team of 10 Civil Engineering California No. C86581 Designers to support the Projects efforts, while maintaining and providing coordination with the client and other subconsultants. Her organizational skills, civil design knowledge and experience, and communication abilities resulted in timely submittals and project reviews to achieve deadlines and project schedule, as well as to maintain project budget goals. CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 15 TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES Mr. Engelbach is an experienced Project Engineer in design, approval, and quality control of Public Works projects as well as private residential and commercial land development. He has extensive experience in preparation of storm drain, street, sewer, water, rough grading, precise grading, and erosion control plans. He has extensive experience in preparing hydrology and hydraulic analysis utilizing AES, Civil-D and WSPG for a variety of public works and private development projects. Additionally, he has experience with developing and designing Water Quality Best Management Practices (BMPs) WQMP, report preparation, coordination with clients, sub -consultants, site managers, contractors, and survey crew. Mr. Engelbach's technical skills, abilities and engineering experience allow him to assist on all areas of a project. Selected Projects: Chris Engelbach, E. 1 Jeronimo Road Widening, City of Lake Forest, Project Engineer, .T. 2020-Present Project Engineer (Roadway/ The Jeronimo Road Widening Project will correct the current roadway geometry of Jeronimo Pavement) Road at the Intersection with El Toro Road in the City of Lake Forest. Mr. Engelbach is the Project Education Engineer handling the roadway widening design which includes vertical and horizontal design, drainage, relocation of existing public and private improvements, reconstruction of existing B.S. Civil Engineering, roadway medians and construction of a new retaining wall. In addition to engineering services California State Polytechnic Mr. Engelbach supports coordination with the client, land owners, and appropriate utility University, Pomona purveyors. Year of TAIT Team Enlistment Balboa Peninsula Alley Reconstruction and Sewer Repair Project, City 2016 of Newport Beach, Project Engineer, 2020-Present TAIT was contracted to provide design build services with JDC for the Pipeline Management Total Experience Program, FY2018-2019 Phase 1 water main replacement project. The project was located in residential streets in various areas of Glendale which required our team to develop construction 13 documents that could accommodate traffic while working in residential streets and a design that Certifications would work with many existing utilities. E.I.T. Trabuco Road Median, City of Lake Forest, Project Engineer, 2020-Current The Trabuco Road Median Project will provide a safe left turn to and from the Ascension Cemetery Located in the City of Lake Forest. This project includes the design of a new acceleration lane and redesign of existing medians. Mr. Engelbach is the Project Engineer handling the roadway design which includes vertical and horizontal design while maintaining existing drainage patterns. Dana Point Harbor, Project Engineer, 2018-Current Mr. Engelbach is the Project Engineer providing design solutions for the harbor which includes an all new retail and dining area, roadways, parking fields, boater services, as well as updated drainage management facilities and wet utilities. CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 16 TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES Michael Furlong, P.L.S. Sr. Professional Surveyor Equipment GPS-Trimble & Lieca, Total Stations Trimble & Leica, Data Collectors- Trimble, Leica & Allegro, Electronic Levels, AutoCAD Mr. Furlong is a Land Surveyor licensed in the State of California with 42 years of experience, over 30 of those being in the Field on all types of Projects from Boundary Surveys to Construction Services with some of the largest listed below. More recently he has spent years providing Mapping Services preparing Tract Maps, Parcel Maps, Record of Surveys, Corner Records and Exhibits of all kinds as well as providing Support to Engineering and Field Support for the Survey Crews. Selected Projects: Public Works Related Projects • On -call Services for Caltrans District 7 East Contact Area providing Construction Staking and Topographical Surveys on various large widening and reconstruction Highway Projects including the 10, 110, 134 and 210 Freeways. • Topo and mapping of various rivers at bridge crossings along HWY 101, Santa Clara County. • SR 71 Segments 1 through 3 in Chino, 6 miles of new Freeway Construction. • 1-10 Segments 1 and 2 in Montclair and Ontario, 10 Miles of Freeway widening. • SR 30/210 Segments 4, 5 and 7 in Rancho Cucamonga and Fontana, 6 miles of new Freeway Construction. • 1-10 in El Monte, 2 Miles of Freeway widening with 12 Undercrossing structures to be widened. • SR 60 in Moreno Valley, 8 miles of Freeway widening. Year of TAIT Team Enlistment Subdivisions 2019 • Coyote Canyon, a 400 Lot Development in North Fontana with extensive Storm Drain Improvements. Total Experience • Sunnymead Ranch a 2000 Lot Development in Moreno Valley. • Infrastructure for Moreno Valley Ranch a large Development in Moreno Valley. 43 Many other Residential and Commercial Development Projects in Orange, San Certifications Bernardino and Riverside County. CA P.L.S. No. 8899 CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 17 Q SEW PART u s c'9G/F00.N�P PROJECT CONTROLS: Public works engineering contracts require careful planning, effective communication, and precise execution in order to avoid costly contract change orders during the construction phase. Additionally, as this contract includes potential local, state or federally funded design and construction contracts, it is critical that the selected team have a thorough understanding of the design, approval, and construction processing requirements for each funding source and, as is the case for federal projects, the requirements outlined in the Local Assistance Procedures Manual (LAPM). In an effort to ensure consistent and excellent services on this contract, TAIT will employ our proven 5 step project management protocol (Understand > Assign > Plan > Execute > QA/QC) on each assigned contract: UNDERSTAND: Upon receipt of an RFP from the City, TAIT will conduct a cursory project review and will research existing conditions (field, environmental, regulation, and stakeholders) in order to ensure we have a full understanding of the scope. We will also meet with the City to discuss the project in an effort to understand the City's needs. The potential scope of work under this contract is anticipated to include local and state funded design services on contracts such as: preparation of detailed roadway rehabilitation or widening plans, pipeline construction plans, signing & striping plans, traffic signal modification, and traffic control plans, project cost estimates, and project specifications in accordance with City standards. Design services may also require analysis of CEQA/NEPA requirements, preparation of design reports for hydrology and pre/post construction water quality documents (LID/SWPPP/NOI), review TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES of construction phasing and impact, and the analysis of existing and proposed storm, sewer, and water facilities. ASSIGN: TAIT has in house expertise in public works roadway, water, sewer, storm drain, surveying, hydrology/ hydraulics, pre/post construction water quality control, architecture, and minor structural engineering and analysis. Based on the scope of the project, TAIT's Senior Project Manager will assign a lead Project Manager and/or Project Engineer to each contract whose backgrounds best matches the needs and complexity of the project. Key sub -consultants such as geotechnical, traffic, landscaping, environmental, utility potholing and right of way acquisition team members will then be assigned to the project at this phase based on the needs of the project. PLAN: We will prepare and submit a clear and concise scope of work, project schedule, and fee proposal that includes all necessary tasks to successfully complete the contract. Key considerations in the planning phase will include the funding source (local/state/ federal) and associated permitting/ documentation requirements, stakeholder requirements/needs, level of design detail desired by the City (plan/plan & profile), storm water quality requirements, coordination and meeting needs, and the overall scheduling needs. EXECUTE: Upon issuance of the notice to proceed, TAIT will actively and effectively execute the scope of work for the contract. An abridged summary of a typical project scope of work has been included below for City review. Our assigned project manager will stay in constant contact with the City and will remain available and responsive to the City's needs through the life of the project. CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 25 TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES QA/QCc TAIT employs our QA/QC program on each contract that we are awarded. A QA/QC manager will be assigned to each project to 1) ensure a quality design is employed, 2) verify all agencies/ disciplines are coordinated 3) check constructability through review of PS&E at each submittal, and 4) conduct an informal engineering cost assessment to ensure compliance with the City's specific project goals RISK MANAGEMENT: The greatest risk for delays in a project is the lack of foresight and understanding of the scope. With our proven work experience, high caliber staffing, and as a result of our 5 step project management protocol, The City can be assured that our proposals are complete and that our assigned team is fully qualified to design the project. Each proposal to the City will be accompanied with a detailed project schedule that outlines key milestones, permitting needs, plan submittals, agency review periods, and utility coordination/ notification dates. TAIT will also stay in close contact with the City during the life of the project in order to ensure the project remains on schedule. SCHEDULE CONTROL: The Project Manager is responsible for efficiently directing the team and completing projects within the established budget. To accomplish this, the Project Manager must authorize and approve all time cards, work reports, change orders and expense sheets with the current modules of BST (most accepted applicable accounting system). However, in cases where a project design has been delayed at no fault of the City, TAIT Management would reassess assigned personnel to the project, and review effort completed to make sure design is on point and has not deviated from the agreed upon path. Meetings with project team personnel would be held to review the project and discuss options to accelerate design without impacting quality and the required deliverables. Additional personnel, overtime, and assignment of more senior level staff would be options considered by TAIT Management to bring the project back on schedule at no additional cost to the City. COST CONTROL: Cost control is also a central concern to our project team. We control our contract costs by actively tracking our project budget, submitting invoices on time and in the format required by the agency, and work with the City on design items to ensure full satisfaction. TAIT also controls project costs by ensure our designs are accurate and properly specified in order to ensure the City receives the best bids possible. By controlling both the design as well as construction costs, we are able to deliver a successful project to our clients and ensure full satisfaction of our projects. CLIENT SERVICE: Our client service approach is to know and understand the client's needs concerning the project, allowing us to assist the client as if we are an extension of their own staff. TAIT will follow a set of protocols established in our Project Instructions which will include the development of monthly progress reports (including schedule and budget), meeting attendance and reporting, and a clear understanding with the Client as to all Action Items that have yet to be completed. CITY OF NEWPORT BEACH • APRILb, 2022 • PG. 26 QUALITY ASSURANCE/QUALITY CONTROL PROGRAM An important feature of our design process is our Quality Assurance/Quality Control (QA/QC) Program. Mr. Broussard P.E., QSD/P, oversees TAIT's QA/QC Program. TAIT's QA/QC Program focuses on the following four primary objectives: 1. To ensure that a quality design has been provided by following our in-house design checklists 2. To verify that different disciplines and agencies have been coordinated 3. To verify that the proposed improvements are constructible, and 4. To verify that a cost effective analysis approach was followed to achieve the client's goals TAIT utilizes a Total Quality Management approach. TAIT's philosophy is that quality control begins at day one and does not end until the project is constructed. Quality Control is the responsibility of each and every team member. It includes the selection of project team members who have demonstrated through experience the ability to understand and apply the project objectives to achieve a specific goal. It requires open and continuous communications between all team members and the client. TAIT has developed internal design checklists. Design checklists are used by our design team as a component of our Frm's QC process. TAIT & ASSOCIATES, INC. ON -CALL ENGINEERING SERVICES Timely Quality Control Reviews are provided. Before plans are submitted to outside parties and the approving agency/ agencies for review and approval, TAIT's QA/QC Manager or his designated QC team member conducts a thorough review to verify the quality, constructability and completeness of the submittal. A typical TAIT QA/QC Program includes the following steps: 1. Project Manager (PM) Transmits Design Documents to the QA/QC Manager - The PM initiates the QC process at agreed upon project milestones. 2. QA/QC Manager conducts initial review - The QA/ QC Manager reviews the submittal with the PM to obtain project specific information and conducts a limited review on the completeness of the submittal. 3. Review of the Submittal — The submittal is reviewed using TAIT's internal checklists. Necessary corrections are identified on the submittal which is returned to the PM. 4. PM to Address QC Comments - The QA/QC Manager and PM review the QC comments to set a course of action. Any proposed Value Engineering (VE) measures are reviewed to determine the appropriate next step. The reviewed documents are then returned to the design team. 5. PM finalizes Design Documents for Submittal to the Agency - The PM meets with the design team to monitor progress and verify incorporation of the QC comments into the design documents. Any deviation from the QC comment or the agreed upon action is reviewed for acceptance prior to transmitting the final design documents to the City and other reviewing parties for their review and approval. CITY OF NEWPORT BEACH • APRIL 6, 2022 • PG. 27 EXHIBIT B SCHEDULE OF BILLING RATES ON -CALL CIVIL ENGINEERING Employee Classification Hourly Rate* 06 - Engineering Assistant........................................................................................................................ 85.00 18 - Project Administrator.........................................................................................................................115.00 04 - Engineering Designer I......................................................................................................................145.00 10 - Engineering Designer II.....................................................................................................................170.00 03 - Project Engineer I..............................................................................................................................190.00 25 - Project Engineer II............................................................................................................................. 200.00 02 - Professional Engineer/Licensed Surveyor........................................................................................230.00 17 - Senior Professional Engineer/Surveyor............................................................................................245.00 52 - Principal 11................................................................................................................285.00 01 - Principal.............................................................................................................................................255.00 15 - Structural Engineer............................................................................................................................250.00 05 - Permit Expediter I..............................................................................................................................115.00 11 - Permit Expediter II.............................................................................................................................130.00 09 - Project Coordinator............................................................................................................................155.00 07 - Surveyor.............................................................................................................................................135.00 08 - Senior Survey Specialist/Party Chief.................................................................................................180.00 00 - Two Man Survey Crew"*................................................................................................................... 350.00 22 - One Man Survey Crew with Robotics**............................................................................................. 250.00 13 - Project Manager I..............................................................................................................................170.00 54 - Entitlement Director.................................................................................................... 200.00 125 - Assistant Project Manager..........................................................................................155.00 90 - Project Manager II...................................................................................................... 190.00 * Rates to be adjusted per Agreement. **Prevailing Wage Rates based on current State of California Prevailing Wage Schedule and the assigned project location. The hourly rate for client authorized overtime and for representation at hearings and meetings after 6:00 p.m. will be invoiced at 1.5 times the posted rate. The above rates are inclusive of phone charges, fax charges, software/licensing fees, and copying charges. The following items require prior written authorization from the City: 1. Mileage, Travel and Per Diem Auto Mileage: IRS Rate plus 15 percent Air Travel and Auto Rental: Actual cost plus 15 percent Per Diem: Actual cost of lodging and meals, plus 15 percent (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. ) Tait & Associates, Inc. Page B-1 2. Materials and Supplies Office and CADD supplies are included in the hourly rates. Prints, plots and reproductions are charged at cost plus 15 percent from commercial blueprint companies. In-house reproduction charges are as follows: Prints Plots Color Plots Bond $ .95/s.f. $.95/s.f. $6.00/s.f. Vellum 1.35/s.f. 1.65/s.f. 7.50/s.f. 3. Reimbursable Expenses Will be billed at cost plus 15 percent. Client will pay directly for all permit and agency fees; otherwise cost plus 15%. Subconsultant invoices will be billed at cost plus 15%. Tait & Associates, Inc. Page B-2 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. Tait & Associates, Inc. Page C-1 D. Professional Liability (Errors & Omissions) Insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers and employees or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following. - A. Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy Tait & Associates, Inc. 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. 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 Tait & Associates, Inc. Page C-3 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. Tait & Associates, Inc. Page C-4 11) ej r- -.T5 Q- Qj