HomeMy WebLinkAboutC-3004(D) - Field Surveying, Engineering & Project Management - Groundwater Project• •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
C� �� �CLx2Ge
TO: FINANCE DIRECTOR / o
FROM: CITY CLERK
DATE: May 31, 1994
SUBJECT: Contract No. C- 3004(D)
Description of Contract Field Surveying, Engineering and Project
Management for Groundwater Development & Related Projects
Effective date of Contract April 26 1994
Authorized by Minute Action, approved on April 25, 1994
Contract with DMc Engineering
Address 18 Technology Drive Suite 100
Irvine CA 92718
Amount of Contract (See Agreement)
G(JG2!yL�C� C•
Wanda E. Raggio P
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
• • C- 3ae,�(T)
HGREEMENT
PROFESSIONAL SERVICES
FOR FIELD SURVEYING, ENGINEERING
AND PROJECT MANAGEMENT
FOR THE GROUNDWATER DEVELOPMENT
& RELATED PROJECTS
THIS AGREEMENT is made and entered into this Z4 �, day of
April, 1994, by and between the City of Newport Beach, a municipal Corporation,
hereinafter referred to as "CITY ", and Derek J. McGregor, Incorporated, (Doing
Business As: DMc Engineering) a California Corporation, hereinafter referred to as
"CONSULTANT ".
WITHESSETFI:
WHEREAS, "CITY ", as part of the Groundwater Development and related
Capital Projects, desires project management for coordination of the City's
consultants, Public Works, Planning and Building Departments and other agencies
during the design and construction phases, and;
WHEREAS, "CITY ", as part of the Groundwater Development Project, desires
preliminary and final engineering services for the expansion of the Utilities Yard, and;
WHEREAS, "CITY" desires field surveying, engineering and project
management for the Groundwater Development and related Capital Projects which are
hereinafter collectively referred to as "PROJECT ", and;
WHEREAS, "CITY" desires plan review of consultant provided design plans for
general conformance to City Standards as part of the Groundwater Development and
related Capital Projects, and;
WHEREAS, preparation of the "PROJECT" requires the services of a qualified,
professional engineering consultant, and;
WHEREAS, "CITY" has solicited and received a proposal from "CONSULTANT"
for the "PROJECT ", to design and provide certain other essential professional services,
as outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and evaluated the
expertise of "CONSULTANT" and desires to accept the proposal submitted by
"CONSULTANT ", and;
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
I. GENERAL
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A. "CITY" engages "CONSULTANT" to perform the described services for the
consideration hereinafter stated.
B. "CONSULTANT" agrees to perform the described services in accord with the
terms and conditions hereinafter set forth.
C. "CONSULTANT" agrees that all services required hereunder shall be performed
under his direct supervision, and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under State and local law to perform
such services. "CONSULTANT" shall not sublet, transfer or assign any work except
as otherwise provided for herein or as authorized in advance by the "CITY ".
II. SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following listed professional services to "CITY ".
A. Services necessary to complete the tasks associated with the "PROJECT ". Which
include the following:
1. Project Management for the Groundwater Development and Related Capital
Projects.
a. "CONSULTANT" shall, under the direction of the Utilities Director,
coordinate key aspects with each of the project design consultants. This
includes preparing requests for proposals, review proposals with the
Utilities Selection Committee to recommend selection of consultants;
preparing contract documents; working with consultants to obtain existing
information; design plan and specification review; and attend coordination
meetings. Keep the Utilities Director apprised of progress made by the
design consultants. Such appraisal shall be made via telephone, in writing as
appropriate and at meetings.
b. "CONSULTANT" shall, under the direction of the Utilities Director,
coordinate key aspects of each project with the various City Departments, as
well as other agencies and keep the Utilities Director apprised of the
progress being made by each Department. Such appraisal shall be made via
telephone, in writing as appropriate and at meetings.
c. "CONSULTANT" shall provide an engineer's estimate for the Groundwater
Development Project to be used by the Utilities Department for budgeting
purposes.
d. "CONSULTANT' shall provide an overall design and construction
schedule for the Groundwater Development and related Capital Projects.
2. Plan Checking Service
a. "CONSULTANT" shall provide plan checking services of private
consultants plans relative to the City's design standards. In addition,
provide plan review of Public Work Department generated plans and
specifications of Utilities Department Capital Improvement Projects.
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3. Construction Administration Services
a. "CONSULTANT" shall provide construction administration for
Groundwater Development and Related Capital Projects. This includes
providing coordination between "CITY" and the Contractor,
coordination between the consultant and the Contractor and requesting
inspections from various City Departments.
b. "CONSULTANT" shall not be required to make exhaustive or continuous on-
site inspections to assess the quality or quantity of work and shall not be
responsible for the contractor's failure to carry out the work in accord with
contract documents.
4. Engineering Services
a. "CONSULTANT" shall, upon request by the "CITY ", provide engineering
services, including plans and specifications relative to the Groundwater
Development and related Capital Projects.
5. Surveying Services
a. "CONSULTANT" shall, upon request by the "CITY ", provide field
surveying services relative to the Groundwater Development and related
Capital Projects.
III. DUTIES OF THE CITY
In order to assist the "CONSULTANT" in the execution of his responsibilities under this
Agreement, "CITY" agrees to provide the following:
A. Provide background information, reports, contracts, specifications, proposals or
agreements as may be available or are in existence, which may be germane to the
proper preparation and completion of the "CONSULTANT's" defined duties.
B. Assist "CONSULTANT" with interpretation of "CITY" standards and design
criteria. Meet with "CONSULTANT" as necessary to provide input or direction on
matters pertaining to completion of specifications and final construction plans.
C. Review plans, specifications and other documentation provided by
"CONSULTANT" relative to "PROJECT" in a timely fashion.
D. Act as the Utilities Director's designated Project Manager for the Groundwater
Development and related Capital Projects.
IV. TIME OF COMPLETION
"CONSULTANT" shall commence work immediately upon receipt of written notice
to proceed. Work as required herein, shall be completed in a diligent and efficient
manner to the execution of its completion.
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The term of this Agreement shall expire thirty (30) calendar days after the date the
"PROJECT" is completed and accepted by "CITY ". It is agreed and understood by
both parties, that this is sufficient time to complete all such activities and tasks
associated with the "PROJECT ", including "as -built drawings ".
V. OWNERSHIP OF DOCUMENTS
Original drawings and other deliverable documents to be provided by
"CONSULTANT" under this Agreement shall become the exclusive property of
"CITY" and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. However, any use of completed deliverables or
documents for purposes other than for this "PROJECT ", or any use of incomplete
documents, shall be at "CITY'S" sole risk, and "CITY" shall indemnify
"CONSULTANT" for any damages incurred as a result of such use. No report,
drawing, map, document or other data given to or prepared or assembled by
"CONSULTANT" pursuant to this Agreement shall be made available to any
individual or organization by "CONSULTANT" without prior written approval by
"CITY ", unless required by subpoena.
"CONSULTANT" may reserve the right to publish materials or reports related to
the work performed or data collected under the provisions of this Agreement. The
right to publish shall be at the sole discretion of the "CITY" and written permission
must be obtained by "CONSULTANT" from "CITY" on a case by case basis. Blanket
publishing approval shall not be granted.
"CONSULTANT" is granted permission to show to prospective clients reports and
data which have been accepted by "CITY" as prepared under this Agreement.
VI. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this Agreement without cause at any time
by giving "CONSULTANT" five (5) business days prior written notice. Notice
shall be deemed served when delivered personally or upon deposit in the United
States mail, postage prepaid, addressed to the "CONSULTANT'S" business office
at 18 Technology Drive, Suite 100, Irvine, California 92718.
B. "CONSULTANT" may terminate this Agreement after ten (10) days' written notice
from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial failure to
perform in accord with the terms of this Agreement, if , the "CITY" has not corrected
it's non - performance within that time.
C. In the event of termination due to errors, omissions, or negligence of
"CONSULTANT ", "CITY" shall be relieved of any obligation to compensate
"CONSULTANT" for that portion of work directly affected by such errors,
omissions, or negligence of "CONSULTANT ". If this Agreement is terminated for
any other reason, "CITY" agrees to compensate "CONSULTANT" for the actual
services performed up to the effective date of the "Notice of Termination ", on the
basis of the fee schedule contained herein.
VII. ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of "CITY'.
B. Neither "CONSULTANT" nor "CITY' shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due "CONSULTANT" from "CITY' under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee in
bankruptcy, without such approval. Notice of any such assignment or transfer
shall be promptly furnished to "CITY'.
VIII. PAYMENT AND FEE SCHEDULE
A. In consideration for the specified services, "CITY' hereby agrees to compensate
"CONSULTANT" on an hourly basis as set forth below in the 'PAYMENT & FEE
SCHEDULE ". In no event shall said amount be greater than the amount of one
hundred forty three thousand dollars ($143,000), except as otherwise provided for
herein below.
B. PAYMENT AND FEE SCHEDULE
personnel hourly rates
Principal............................................................. ...............................
$100.00
ProjectManager ................................................ ...............................
80.00
Registered Engineer/ Licensed Surveyor ..... ...............................
70.00
ProjectEngineer ................................................ ...............................
60.00
SurveyTechnician ............................................. ...............................
60.00
Design Engineer/ CAD Operator .................. ...............................
50.00
Draftsperson..................................................... ...............................
35.00
Specification Typist .......................................... ...............................
30.00
Survey(3 -man) Crew ....................................... ...............................
160.00
Survey (2 -man) Crew ....................................... ...............................
140.00
Survey (1 -man) Crew ....................................... ...............................
80.00
C. The contract amount shall be paid to "CONSULTANT' in monthly partial
payments based on the amount of hours worked and expenses incurred during
each monthly pay period based on the actual hours of labor expended as
determined by the Project Manager for "CITY'. The sum of the partial payments
shall not exceed ninety percent (90 %) of the maximum fee as set forth in
paragraph "A" herein above. The balance of the total amount earned shall be
paid upon completion of the work specified herein.
D. In addition to the fixed, not -to- exceed fee, "CITY' agrees to reimburse
"CONSULTANT" for the actual cost (plus 10 %) for all outside expenses including
those for: reproduction for copies of plans, reports and related documents,
material costs authorized in advance by the Project Manager for "CITY', and
other reasonable expenses, where such costs have been advanced by
"CONSULTANT" and approved in advance by "CITY'.
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1. "CONSULTANT" shall provide written records (originals) of all expenses
incurred, and shall report all hours expended in the performance of his duties
and tasks on a bi- weekly basis. "CITY" agrees to pay "CONSULTANT" within
thirty (30) calendar days of the receipt of said records and hourly summary.
2. "CONSULTANT" shall not be compensated for use of " CONSULTANT's"
equipment, hardware, software materials or reproduction. Said costs are non -
compensable. Time expended by "CONSULTANT'S" personnel on such
equipment shall be paid on the basis of the "FEE SCHEDULE" herein above.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by
"CONSULTANT" shall be made without prior written approval from "CITY ". In
consideration for performance of additional services authorized by "CITY" in writing,
"CITY" hereby agrees to compensate "CONSULTANT" an amount based upon the
hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except that an increase in
the total compensation exceeding seventeen thousand dollars ($17,000.00) shall
require an amended Agreement for such additional services be executed by the
"CONSULTANT" and "CITY ".
X. RECORDS
"CONSULTANT" shall maintain complete and accurate records with respect to costs,
expenses, receipts and other such information required by "CITY" that relate to the
performance of the services specified under this Agreement. All such records shall be
maintained in accord with generally accepted accounting principles and shall be
clearly identified and readily accessible. "CONSULTANT" shall provide free access to
the representatives of "CITY" or its designees at all proper times upon reasonable
notice to "CONSULTANT" to such books and records, and gives "CITY" the right to
examine and audit same, and to make transcripts therefrom as deemed necessary at
"CITY'S" cost, and to allow inspection of all work, data, documents, proceedings and
activities related to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement, "CONSULTANT" shall
furnish "CITY" with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance policies.
"CONSULTANT" shall use the " CITY's" Insurance Certificate form for
endorsement of all policies of insurance. The certificates do not limit
"CONSULTANT,s" indemnification, and also contain substantially the following
statement: "The insurance covered by this certificate may not be canceled or non-
renewed, except after thirty (30) days' written notice has been received by
"CITY ". Coverage may not be reduced or otherwise materially altered without
the same advance notice to "CITY" of such alteration.
B. "CONSULTANT" shall maintain in force at all times during the performance of
this Agreement, policies of insurance required by this Agreement; and said policies
of insurance shall be secured from an insurance company assigned Policyholders'
Rating of "B" (or higher) and Financial Size Category "XV" (or larger) in accord
with an industry-wide standard and shall be licensed to do business in the State of
California. However, the minimum rating for the " CONSULTANT's" Errors &
Omissions carrier shall be "B + ", "VIII" or better.
•
1. An appropriate industry -wide insurance rating standard shall be deemed 'Best's
Key Rating Guide ", latest edition.
C. "CONSULTANT' shall maintain the following minimum coverages:
Liability Insurance
General liability coverage shall be provided in the following minimum limits:
Category Amount
Bodily Injury $ 1,000,000 each occurrence
$ 1,000,000 aggregate
Property Damage $ 1,000,000 each occurrence
$ 1,000,000 aggregate
A combined single limit policy with aggregate limits in the amount of
$1,000,000 will be considered equivalent to the required minimum limits.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one
million dollars ($1,000,000.00).
D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils for which it has agreed to
provide general liability insurance, "CONSULTANT' shall look solely to its insurance
for recovery. "CONSULTANT' hereby grants to "CITY', on behalf of any general
liability insurer providing insurance to either "CONSULTANT' or "CITY' with
respect to the services of "CONSULTANT', a waiver of any right of subrogation
which any such insurer of said "CONSULTANT' may acquire against "CITY' by
virtue of the payment of any loss under such insurance.
E. Additional Insured
"CITY", its City Council, boards and commissions, officers, servants and
employees shall be named as an additional insured under all insurance policies
required under this Agreement, except Errors & Omissions Insurance. The
naming of an additional insured shall not affect any recovery to which such
additional insured would be entitled under this policy if not named as such
additional insured; and an additional insured named herein shall not be liable for
any premium or expense of any nature on this policy or any extension thereof.
Any other insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the insurance
provided by this policy. Proceeds from any such policy or policies shall be
payable to "CITY' primarily, and to "CONSULTANT' secondarily, if necessary.
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XII. WAIVER
A waiver by "CITY" or "CONSULTANT" 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 different character.
XIII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages
by reason of an alleged breach of any provisions of this Agreement, the
prevailing party shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may adjudge to be reasonable cost of
litigation.
XIV. 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
hereof. Any modification of this Agreement will be effective only by written
execution signed by both "CITY' and "CONSULTANT'.
XV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY', its City Council,
boards and commissions, officers, and employees from and against any and all
loss, damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable costs of litigation, arising from "CONSULTANT's" negligent acts,
errors or omissions, in the performance of services hereunder.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the first date
above written:
APPROVED AS TO FORM:
Robin Flory
Assistant City
ATTEST:
Wanda Raggio /
City Clerk
Address and Telephone:
City or Newport Beads
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92658 -8915
(714) 644 -3011 (714) 646 -5204 FAX
City of Newport Beach,
a municipal corporation
Clarence Turner, or
"CITY"
Derek J. McGregor, Inc.,
a California Corporation
Derek J. McGregor, Pr ncipal
"CONSULTANT"
DMc Engineering
18 Technology Drive, Suite 100
Irvine, California 92718
(714) 753 -9393 (714) 753 -9322 FAX
(3�
CITY COUNCIL
April 25th, 1994
APR 2 5 :c^
CITY COUNCIL AGENDA
ITEM NO. —9
TO: Mayor & Members of the City Council
FROM: Utilities Department
SUBJECT: PROFESSIONAL SERVICES AGREEMENTS (CONTRACT NO. C -3004) FOR
THE GROUNDWATER DEVELOPMENT & RELATED CAPITAL PROJECTS:
GEOTECHNICAL INVESTIGATION & FIELD MONITORING
✓ C- 3004 -A
CONVERSE CONSULTANTS O. C.
HYDROGEOLOGY & FIELD INSPECTION SERVICES
v C- 3004 -B
R. C. SLADE & ASSOCIATES
PROFESSIONAL SERVICES & ENGINEERING CONSULTING
✓ C- 3004 -C
DONALD C. SIMPSON
FIELD SURVEYING, ENGINEERING & PROJECT MANAGEMENT VC- 3004 -D
DMc,ENGINEERING, INC.
RECOMMENDATIONS:
If desired, authorize the Mayor and the City Clerk to execute
Professional Services Agreements on behalf of the City, with the firms:
1. Converse Consultants Orange County
2. Richard C. Slade & Associates
3. Donald C. Simpson
4. DMc Engineering, Inc.
BACKGROUND:
The City of Newport Beach has a goal of obtaining an alternate
source of water from the Orange County groundwater basin by mid -1995. The
series of projects to accomplish this is referred to as the Groundwater
Development Project. The Groundwater Development Project has reached a point
where further implementation requires a number of professional services to be
performed while capital project components are being planned, designed and
constructed for both the Groundwater Development Project and other non -
groundwater utility related projects.
Significant components of the Groundwater Development Project
include construction of the 3.0 million gallon reinforced concrete reservoir and
the 14,000 gallon per minute pump station with appurtenant site work at the
Utilities Yard, a series of transmission pipelines and distribution system
improvements and construction of water well facilities in Fountain Valley.
Over the last 24 months the City has invited a number of firms to
submit statements of qualifications and experience. After consideration of
qualifications, experience and their specialized capabilities, staff conducted
interviews and requested firms to submit proposals. The following firms were
interviewed: Converse Consultants Orange County; Richard C. Slade & Associates;
Donald C. Simpson; and DMc Engineering, Inc.
April 25, 1994 - Page 2
Professional Services Agreements
Groundwater Development & Capital Projects
Staff considered the following criteria when evaluating the
consulting engineer's qualifications to provide professional design, project
coordination, field monitoring and construction management services:
1. Experience with similar projects and work tasks.
2. Experience with contract and construction management.
3. Experience and knowledge with City projects and programs.
4. Availability and ability to commit individual or key personnel on
a part-time or full -time basis, depending on work demands for
the remaining fiscal year with a similar commitment in the next
fiscal year.
5. Flexibility to adjust hours on an "as- needed" basis.
6. Expertise in the specialized areas such as hydrogeology,
geotechnical engineering, or construction project management.
7. Exceptional communication skills of the principals of the firm in
the areas of specialization.
All four (4) firms are local firms, with a variety of specialized experience
working either directly with the City of Newport Beach or with other local
municipal utility agencies. Each firm provides a project principal that will be
assigned to the project who is a Registered Civil Engineer by the State of California.
Converse Consultants Orange County was the geotechnical
engineering firm for the Utilities Yard Expansion Phase II. Converse is well
qualified to provide geotechnical design information for this project. Their
experience in the City and throughout Orange County include Triangle Square in
Costa Mesa, the Castaways Marina, Dominis Restaurant, the Irvine Avenue
Improvements, the Balboa Bay Bridge widening, Newport Harbor High School, the
Balboa Fun Zone and many residential structures. The contact person from
Converse Consultants Orange County will be Thomas J. Schell, Vice President and
Principal Engineer. Mr. Schell has over 31 years experience in the geotechnical
field and is a registered geotechnical engineer in the State of California. Converse
Consultants is available to work on the Groundwater Development Project as
requested by the Utilities Department.
Richard C. Slade & Associates (RCSA) is a group of groundwater
geologists with a local office in North Hollywood, California. RCSA has sited,
designed and /or monitored the construction of more than 100 water wells in
California both for municipal and agricultural supply purposes. Typical water
well projects have included well construction to depths as great as 2,000 feet.
Their experiences include construction of municipal- supply water wells for the
cities of Orange, Tustin and Fullerton, for the Irvine Ranch Water District and
for the Orange County Water District. The contact person will be Richard C.
Slade, principal Hydrogeologist. Mr. Slade has over 26 years of hydrogeologic
experience and is a registered geologist and registered hydrogeologist in the
State of California. RCSA is available to work on the Groundwater
Development Project as requested by the Utilities Department.
April 25, 1994 - Page 3
Professional Services Agreements
Groundwater Development & Capital Projects
Donald C. Simpson was employed by the City of Newport Beach as a
project engineer from 1975 -1986. Since then he has been retained by the Public
Works Department as a consultant for the construction of the new Central City
Library. Mr. Simpson has been involved with the Groundwater Development
project since 1988 and was a critical member of the project team in acquiring the
lease for the "Seawater Line" and acquisition effort for the well sites in Fountain
Valley and the various rights -of -way, permits and easements related to the project.
Mr. Simpson is available to work on the Groundwater Development Project as
needed by the Utilities Department.
DMc Engineering, Inc. was the civil engineer on the Phase II Interim
Mass Grading Project for the Utilities Yard Expansion. DMc has been involved
with planning and implementation of the Groundwater Development Project since
1988. Their work includedseveral Utility Research Studies in Santa Ana, Costa
Mesa, Huntington Beach and Fountain Valley; design and construction of the
30 -inch water main across the Santa Ana River, utility relocation and grading for
the Phase I - Utilities Yard Expansion; and conceptual planning for the Phase Ii -
Utilities Yard Expansion. Derek J. McGregor, principal engineer will be the
primary contact from DMc Engineering. Mr. McGregor has over 15 years
experience in the civil engineering field and his knowledge of the City makes him
well qualified to provide field surveying, engineering, and project management over
a wide range of capital improvement projects. DMc Engineering is available to
work on the Groundwater Development Project an average of 30 hours per week.
The proposed services will be performed under individual Professional
Services Agreements which provide the required services to be performed in accord
with the approved fee schedules. The fee schedules are attached.
GROUNDWATER DEVELOPMENT PROJECT - GEOTECHNICAL
INVESTIGATION & FIELD CONSTRUCTION MONITORING
CONSULTANT: Converse Consultants Orange County
TERM: January 1994 to December 1994
FEE: Not to exceed $64,000 based on standard hourly rates
SERVICES: Geotechnical Investigation and Construction Services
2. GROUNDWATER DEVELOPMENT PROJECT - HYDROGEOLOGY AND
FIELD INSPECTION SERVICES FOR WATER WELL CONSTRUCTION
CONSULTANT: Richard C. Slade & Associates
TERM: April 1994 to July 1995
FEE: Not to exceed $125,000 based on standard hourly rates
SERVICES: Hydrogeology and Field Inspection Services
3. GROUNDWATER DEVELOPMENT PROJECT - PROFESSIONAL SERVICES
& ENGINEERING CONSULTING
CONSULTANT: Donald C. Simpson
TERM: April 1994 to December 1994
FEE: Not to exceed $15,000 based on standard hourly rates
SERVICES: Professional Services & Engineering Consulting
April 25, 1994 - Page 4
Professional Services Agreements
Groundwater Development & Capital Projects
4. GROUNDWATER DEVELOPMENT PROJECT - FIELD SURVEYING,
ENGINEERING & PROJECT MANAGEMENT
CONSULTANT: DMc Engineering
TERM: January 1994 to December 1994
FEE: Not to exceed $143,000 based on standard hourly rates
SERVICES: Field Surveying, Engineering & Project Management
Funds for these capital project related services are available in the
Water Fund under Capital Projects accounts numbered 7503- 98500016 and
7503 - 98500018 and 7503 - 98500212 and 7503- 98500218.
If approved, the professional services efforts will commence
immediately. Certain services these engineers will provide for the City are critical
to the successful and timely implementation of the Groundwater Development
Project. Staff recommends approval of these professional services agreements to
implement the various phases of the Groundwater Development Project and to
insure a series of high quality construction project components.
Respectfully submitted,
�E,F.F. STgn1F.�iRT
Jeff Staneart, P.E.
Utilities Director
IS:sdi
Attachments: Fee Schedules for Professional Services
• •
CONVERSE CONSULTANTS OC
SCHEDULE OF FEES
Introduction
It is the objective of Converse to provide to its clients high quality professional and technical services and a continuing source of professional advice
and opinions. Geotechnical services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of
the profession currently practicing in the same locality under similar conditions. Services commenced in the current year and continued into the
following year will be charged in the following year in accordance with the fee schedule for that year unless otherwise contracted.
Hourly Charge for Personnel
Fees for our professional services, including project administration, are based on the time that professional, technical and support personnel directly
charge to the project. Actual staff assignments depend on personnel availability, job complexity, project site location, and experience level necessary
to satisfy the technical requirements of the project and to meet the prevailing standard of professional care.
1. Technical Aide $
30
8.
Staff Professional
$ 65
2. Junior Technician
37
9.
Senior Staff Professional
75
3. Engineering Graphics
49
10.
Project Professional
85
4. Field Technician
49
11.
Senior Professional
100
5. Senior Technician
61
12.
Principal Professional
130
6. Supervising Technician
70
13.
Principals /Consultants
150
7. Technical Typing & Administrative Support
40
An overtime charge of 25 percent of the above hourly rates for categories 1 -7 will be added for time in excess of eight hours per day and for all time
on Saturdays, Sundays, and holidays. Travel time will be charged to and from the job site in excess of home to office commute. Requests for field
testing services have a minimum charge of two hours.
Consultation and Litigation
Fees for special consultation using senior or project consultants, and for services in connection with litigation are charged on a half or full day basis;
rates are available on request.
Expenses
Invoices
1. Special equipment use and laboratory or testing fees will be charged at rates shown on Schedule II. Materials testing fees are
shown on Schedule III.
2. In -house computer usage is charged at a rate of $20 per hour.
3. Exploration expenses (e.g., drilling, trenching) are charged at cost plus fifteen percent.
4. Travel and subsistence expenses (e.g., transportation, room, and board) for individuals on projects requiring travel and /or living
away from a principal office are charged at cost plus fifteen percent.
5. Standard field testing equipment with trucks and supplies are charged at a rate of $6.00 per hour to and from the project site
and for time at the project site (unlimited mileage).
6. Automobile expenses are charged at cost plus fifteen percent or at a rate of fifty cents per mile for automobiles traveling
between principal office and project.
7. Communication expenses (phone, fax, modem, etc.) are charged at 3% of Converse's fees.
8. Other out -of- pocket, direct project expenses (e.g., aerial photos, outside computer service, permits, bonds, reproduction and
printing services, long- distance telephone calls, and outside tests) will be charged at cost plus fifteen percent.
1 . A retainer of 50 percent of the estimate is required for projects with an estimated total fee of $3,000 or less. For such projects,
the balance of the fee must be paid at the time the report is released to the Client. Projects with total fees of $1,500 or less
require full payment from the client in advance.
2. Invoices for other projects will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion
of services. Invoices will show charges for each category of personnel and expense classifications.
3. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. In the event Client fails to pay
any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a
service charge at the rate of eighteen percent (18 %) per annum (but not exceeding the maximum allowed by law) from the due
date, has been received. Further, Converse may at its sole option and discretion refuse to perform any further work irrespective
of payment from Client in the event Client fails to pay Converse for services rendered when said payments are due. Attorneys'
fees or other costs incurred in collecting any delinquency amount shall be paid by Client.
General Conditions
The terms and provisions of the Converse General Conditions are incorporated into this Schedule of Fees as though set forth
in full. If a copy of the General Conditions does not accompany this fee schedule, Client should requests copy from this office.
CCOC -H -93
CONVERSE CONSULTANTS ORANGE COUNTY Fee- -5c"Lm F_ Fop- C-30CA —A
0
RICHARD C. SI.ADE & ASSOCIATES
CONSULTING OR0CND%%:%T1"R GP.OLOGIS'PS
SCHEDULE OF CHARGES AND CONDITIONS
SERVICES
Hydrogeologist and Engineering Geologist
Staff Hydrogeologist
Field Hydrogeologist (Geologic Logging)
Graphics
Clerical
SPECIAL EQUIPMENT AND SERVICES
Hermit Data Logger & Transducer (for aquifer tests)
Groundwater Monitoring Syringe (for volatile organics)
Submersible Pump (4 -in diameter) and Generator
Field Water Quality Probe (T, pH, EC)
Electric Tape Water Level Probe
Check -valve Bailers (hydrocarbons or other contaminants)
Subsurface Exploration, Water Quality Laboratory
Job Supplies, Reproduction, Lodging, etc.
Automobile Mileage
$115.00 per hour
$75.00 per hour
$64.00 per hour
$40.00 per hour
$35.00 per hour
$350.00 per day
$125.00 per day
$150.00 per day
$75.00 per day
$25.00 per day
$20.00 per day
Cost + 16 Xi
Cost + 15%
$0.35 per mile
PEF Sc1 -IEDUL-E- Fog C- - Soo¢ -B
VIl %( %OPFICE 644 ?C 01.1 MAFF. R CAA Yi IAgV'I: >1I11.214. 50RF11 IIOi.lti" 0011. CA1.I FOR VIAU 11116 '1'1VF:I'll0A1 ?lr 11i ,tile lli L,
5,111- 115U.LF,) ' OFF ICE: I 'PF1 F'V,A AA1'A C41.LFal(}11.1 F01l A' I% 91674 1'FAE Pik 1A1:- :u:''n'I uil
0 0
DONALD C. SIMPSON
CONSULTING CIVII. ENG IN EFR
Schedule of Services & Charges
Services
Civil Engineer .............................. ............................... $ 70.00 1101-11
Reimbursable Charges
Note: Blueprinting, reproduction, messenger service, delivery service and other
direct outside expenses will be charged at cost plus 10 %. No additional charges
for mileage, supplies, or telephone expenses will be included.
FEE 15; tEDvLE Fo(L r--3oc+-C
92 PELICAN COURT. NEWPORT BEACH . CALIFORNIA 92660. (7141 509.981,
DIvI�Engineering
Civil Surveying Planning
EXHIBIT C
HOURLY RATE SCHEDULE
Effective January 1, 1994 thru January 1, 1995
OFFICE PERSONNEL
Principal $ 100.00
Project Manager $ 80.00
Registered Engineer /Licensed Surveyor $ 70.00
Project Engineer $ 60.00
Survey Technician $ 60.00
Design Engineer /CAD Operator $ 50.00
Draftsperson $ 35.00
Specification Typist $ 30.00
FIELD PERSONNEL
3 Man Survey Crew $ 160.00
2 Man Survey Crew
1 Man Survey Crew
.1 11
NOTE: Blueprinting, reproduction, computer plotting, messenger service and other direct
expenses will be charged at cost plus 10 %. No additional charges for mileage, supplies, or
telephone expenses will be included.
SEE. SGHE0 uLE. FGf C -3o04-1)
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
- ac =y °�
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: September 20, 1994
SUBJECT: Contract No. C- 3004(D)
Description of Contract Field Surveying Engineering &
Project Management for Groundwater Development & Related Projects
Effective date of Contract August 23 1994
Authorized by Minute Action, approved on August 22 1994
Contract with DMc Engineering
Address 18 Technology Drive Suite 100
Irvine CA 92718
Amount of Contract (See Agreement)
Wanda E. Raggio VV
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
RMENDMENT No.1
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
FIELD SURVEYING, ENGINEERING & PROJECT MANAGEMENT
FOR
THE GROUNDWATER DEVELOPMENT & RELATED PROJECTS
THIS AMENDMENT to the written agreement dated April 26th, 1994, is made
and entered into this ZS to day of August, 1994, by and between "CITY',
and "CONSULTANT'.
WITHESSETH:
WHEREAS, "CITY', as part of its 'PROJECT' has determined that certain
additional professional services are required that were not originally foreseen and;
WHEREAS, implementation of the 'PROJECT' requires these additional
engineering, survey and project management services from a qualified engineering
consultant. (These engineering, surveying and project management services are
collectively referred to as "SERVICES'), and;
WHEREAS, "CITY', has solicited and received a proposal from
"CONSULTANT" to perform these additional "SERVICES' and other incidental, but
essential professional services, as outlined herein below, and;
WHEREAS, "CITY', desires to accept the proposal for the additional
'SERVICES' submitted by "CONSULTANT', and;
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed
and understood that:
I. GENERAL
A. The original professional services agreement dated April 261h, 1994, remains
in full force and effect, except as modified by this amendment.
' •
•
II. ADDITIONAL SERVICES TO BE PERFORMED BY CONSULTANT
"CONSULTANT" shall provide the following listed additional professional services
to "CITY ".
A. "CONSULTANT" shall provide additional services necessary to complete the
defined tasks associated with the "PROJECT ". Those additional and
supplemental tasks include the following:
1. Project Management for the Groundwater Development Project and other
related capital improvement projects.
a. "CONSULTANT" shall, under the direction of the Utilities Director,
coordinate key aspects with each of the project design consultants. This
shall include preparation of contract documents; working with
consultants to obtain information; perform additional design plan and
specification reviews; and attend numerous additional project design
and coordination meetings. Keep the Utilities Director apprised of
progress made by the design consultants. Such appraisal shall be made
via telephone, in writing as appropriate and at meetings.
b. "CONSULTANT" shall, under the direction of the Utilities Director,
coordinate key aspects of each project with the various City Departments,
shall coordinate with other agencies as may be necessary and keep the
Utilities Director apprised of the progress being made by each
Department or agency. Such appraisal shall be made via telephone, in
writing as appropriate and at meetings.
2. Plan Checking Services
a. "CONSULTANT" shall provide additional plan checking services related to
the 16th Street Reservoir & Pump Station Project plans and specifications.
Plan checking shall be provided utilizing the City's design standards.
3. Construction Administration Services
a. "CONSULTANT" shall provide construction administration for the various
sub - projects that are a part of the "PROJECT" or other projects as may be
assigned to "CONSULTANT" by the Utilities Director. These efforts shall
include providing coordination between the "CITY" and the various
contractors performing work, coordination between "CONSULTANT" and
the contractors and requesting and coordinating inspections by the various
City Departments, other agencies and consultants providing these
inspection services.
b. "CONSULTANT" shall not be required to make exhaustive or continuous
on -site inspections to assess the quality, quantity or safety of work
performed and shall not be responsible for the contractor's failure to carry
out work in accord with contract documents or project specifications.
4. Additional Engineering Services
a. "CONSULTANT" shall provide additional engineering services for the
Interim Mass Grading & Storm Drain Relocation Project, including
preparation of plans and specifications related to the relocation of the
proposed reservoir.
b. "CONSULTANT" shall provide engineering services related to utility
right -of -way research for the proposed water transmission pipelines
and the various alternative alignments in Bushard Street and other
streets in Huntington Beach and Fountain Valley.
c. "CONSULTANT' shall provide professional engineering services
related to the water transmission pipeline proposed for construction
within the Talbert Flood Control Channel.
(l.) "CONSULTANT' shall provide legal descriptions for an easement
and necessary exhibits related to the pipeline in the Talbert Flood
Control Channel.
(2.) "CONSULTANT' shall assist "CITY" in coordinating the approval
of the easement related to the pipeline in the Talbert Flood
Control Channel with the Orange County Flood Control District.
5. Surveying Services
a. "CONSULTANT' shall provide field surveying and construction
staking services related to the Interim Mass Grading & Storm Drain
Relocation Project.
b. "CONSULTANT' shall provide surveying services related to the
revised reservoir location and the combined grading scheme to include
a portion of the grading related to the construction of the proposed
pump station.
III. PAYMENT AND FEE SCHEDULE
A. In consideration for the specified services, "CITY" hereby agrees to compensate
"CONSULTANT" on an hourly basis as set forth in the "PAYMENT & FEE
SCHEDULE" in Section VIII of the original professional services agreement,
dated April 26th, 1994.
B. In no event shall the total amount of these additional and supplemental services
be greater than one hundred thirty eight thousand dollars ($138,000), except as
provided for in the original professional services agreement and herein below.
IV. MORE ADDITIONAL SERVICES
A. No change in character, extent, or duration of the work to be performed by
"CONSULTANT" as part of this amendment to the original professional services
agreement, dated April 26th, 1994. shall be made without prior written approval
from "CITY'.
B. In consideration for performance of additional and supplemental services authorized
by "CITY' in writing, "CITY' hereby agrees to compensate "CONSULTANT' an
amount based upon the hourly rate as defined in the "FEE SCHEDULE ".
C. However, except that an additional increase in the total compensation exceeding
seventeen thousand dollars ($17,000.00) shall require an amended Agreement for
such additional services between the "CONSULTANT' and "CITY'.
0 •
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
first date above written:
APPROVED AS TO FORM:
nooerr Durnnam
City Attorney
ATTEST:
Wanda Raggio
City Clerk
Address and Telephone:
City of Newport Beach,
a municipal corporation
Clarence Turner ayor
"CITY"
Derek J. McGregor, Inc.,
a California Corporation
Derek J. McGregor, Princiy�,a
"CONSULTANT" Y
City of Newport Beach DMc Engineering
3300 Newport Boulevard, P. O. Box 1768 18 Technology Drive, Suite 100
Newport Beach, California 92658-8915 Irvine, California 92718
(714) 644 -3011 (714) 646 -5204 FAX (714) 753 -9393 ( 714) 753 -9322 FAX
TO:
FROM:
DATE:
0
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3005
PURCHASING /FINANCE DEPARTMENT
CITY CLERK
May 24, 1995
SUBJECT: Contract No
C- 3004(D)
GL/ CBS
Description of Contract Project Administration, Engineering,
Mappint & Survey for Well Sites & Utilities Yard Expansion -
Phase II related to Groundwater Development Project
Effective date of Contract May 12, 1995
Authorized by Minute Action, approved on May 8, 1995
Contract with DMc Engineering
Address 18 Technology Drive, Suite 100
Irvine, CA 92718
Amount of Contract (See Agreement)
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
--- .. .. .. C," C�Ef4� eR.iaNAL.
• • C- 3°°4-0
FGREEMENT
PROFESSIONAL SERVICES
FOR
PROJECT ADMINISTRATION, ENGINEERING, MAPPING & SURVEY
SERVICES FOR WELL SITES & UTILITIES YARD EXPANSION - PHASE II
RELATED TO
THE GROUNDWATER DEVELOPMENT PROJECT
THIS AGREEMENT is made and entered into this _��day of May, 1995,
by and between the City of Newport Beach, a municipal Corporation, hereinafter
referred to as "CITY ", and Derek J. McGregor, Incorporated, (Doing Business As: DM`
Engineering) a California Corporation, hereinafter referred to as "CONSULTANT'.
WITHESSETH:
WHEREAS, "CITY ", as part of the Groundwater Development Project, desires
construction staking survey services during construction of the 16' Street Reservoir and
Pump Station and expansion of the Utilities Yard -Phase II, and;
WHEREAS, "CITY ", desires field topography survey and engineering services for
site preparation and utility relocation for two (2) well sites in Fountain Valley as part of
the Groundwater Development Project, and;
WHEREAS, "CITY" desires mapping services for property acquisition for the
expansion of the Utilities Yard as well as acquisition of various pipeline easements as
part of the Groundwater Development Project, and;
WHEREAS, "CITY" requires construction survey staking, field topography,
mapping, engineering and project administration services for the Groundwater
Development Project, and;
WHEREAS, "CITY" requires the services of a qualified, professional engineering
and land survey consultant to provide and administer all of the listed services,
hereinafter collectively referred to as 'PROJECT', and;
WHEREAS, "CITY ", has solicited and received a proposal from "CONSULTANT'
for 'PROJECT', as well as provide certain other essential professional services, as
outlined herein below, and;
WHEREAS, "CITY" has reviewed the previous experience and evaluated the
expertise of "CONSULTANT' and desires to accept the proposal submitted by
"CONSULTANT", and;
0
0
NOW THEREFORE, in consideration of the foregoing, it is mutually agreed and
understood that:
I. GENERAL
A. "CITY' engages "CONSULTANT' to perform the described services for the
consideration hereinafter stated.
B. "CONSULTANT' agrees to perform the described services in accord with the
terms and conditions hereinafter set forth.
C. "CONSULTANT' agrees that all services required hereunder shall be performed
under his direct supervision, and all personnel engaged in the work shall be fully
qualified and shall be authorized or permitted under State and local law to perform
such services. "CONSULTANT' shall not sublet, transfer or assign any work except
as otherwise provided for herein or as authorized in advance by the "CITY'.
II. SERVICES TO BE PERFORMED BY CONSULTANT
A. "CONSULTANT' shall provide certain listed professional services to "CITY' that
are necessary to complete the tasks associated with the 'PROJECT'. Those services
and tasks which include the following:
1. Construction Staking for the Mass Grading of the Utilities Yard Expansion -
Phase II.
a. "CONSULTANT' shall provide construction staking survey services for
the construction of the Mass Grading for the Utilities Yard Expansion -
Phase II, based on the Mass Grading Plan as discussed above.
2. Engineering Services for the Mass Grading for the Utilities Yard Expansion
Phase II.
a. "CONSULTANT' shall provide engineering services for design plans and
specifications of the mass grading for the Utilities Yard Expansion - Phase 11
based on the Site Development Plan prepared by DM` Engineering dated,
December 6, 1993.
3. Project Administration for the Groundwater Development Project.
a. "CONSULTANT' shall, under direction of the Utilities Director,
coordinate key aspects with each of the Groundwater Development
Project design consultants. This includes preparing contract documents;
working with consultants to obtain existing information; design plan and
specification review; and attend coordination meetings. Keep the Utilities
Director apprised of progress made by the design consultants. Such
appraisal shall be made via telephone, in writing as appropriate and via
meetings.
0 0
b. "CONSULTANT" shall, under direction of the Utilities Director, coordinate
key aspects of Groundwater Development Project with the various City
Departments, as well as other agencies, and keep the Utilities Director
apprised of the progress being made by each Department. Such appraisal
shall be made via telephone, in writing as appropriate and via meetings.
c. "CONSULTANT" shall, under direction of the Utilities Director, coordinate
permit application and approval for the Groundwater Development Project
including permits from Coastal Commission, County of Orange, and various
Cities. Keep the Utilities Director apprised of the progress being made by
each Department. Such appraisal shall be made via telephone, in writing as
appropriate and via meetings.
d. "CONSULTANT" shall provide an overall design and construction
schedule for the Groundwater Development Project and other related
capital projects.
Utility Research for a Proposed Water Transmission Main within Bushard
Street from Hamilton Avenue to Slater Avenue.
a. "CONSULTANT" shall provide utility research services associated with
potential future water main alignments for a proposed water transmission
main within Bushard Street from Hamilton Avenue to Slater Avenue
being planned by the "CITY ".
5. Mapping Services for preparation of a waterline easement within Talbert
Channel for Reach No. 3
a. "CONSULTANT" shall research, compile and analyze record deeds and
maps along the County's Talbert Channel right -of -way; prepare
preliminary horizontal alignment; prepare two (2) legal descriptions and
exhibits for the waterline and construction easement and assist the "CITY"
with review and approval from the County of Orange.
6. Engineering, Surveying and Mapping Services for Grading, Drainage,
Relocation of a 12 -inch Waterline and Preparation of Easement Documents
for the Dolphin Well Site in Fountain Valley.
a. "CONSULTANT" shall perform a field topography survey of the property
and tie into the County of Orange's GPS coordinate system; perform
utility research of the property from existing utility companies and other
agencies, prepare a legal description and exhibit of the property to be
included with the "CITY's" lease agreement with Fountain Valley; prepare
grading and storm drain plans and specifications to accommodate the
proposed drilling operations, prepare a water relocation plan and
specifications for the relocation of an existing 12 -inch water main and
coordinate and process grading, storm drain and water relocation plans
with the City of Fountain Valley.
1]
0
7. Engineering, Surveying and Mapping Services for Grading and Preparation
of Easement Documents for the Tamura Well Site in Fountain Valley.
a. "CONSULTANT" shall perform a field topography survey of the
property and tie into the County of Orange's GPS coordinate system;
perform utility research of the property from existing utility companies
and other agencies; prepare two (2) legal descriptions and exhibits for
waterline, storm drain line and egress and ingress for the "CITY" to
present to the First American Baptist Church personnel during
negotiations, prepare grading and storm drain plans and specifications
to accommodate the proposed drilling operations and coordinate and
process grading, storm drain and water relocation plans with the City of
Fountain Valley.
8. Construction Staking Services for installation of the 16th Street Reservoir and
Pump Station
a. "CONSULTANT" shall provide construction staking survey services for
construction of the 16th Street Reservoir and Pump Station including,
but not limited to: horizontal and vertical control points; boundary
stakes, slope stakes for hopper -style reservoir; drain line stakes; sub -
drain stakes; valve vault stakes; reservoir stakes; pump can stakes;
pump station stakes; grid line stakes for reservoir and pump station;
inlet and outlet pipe stakes; retaining wall stakes; backfill slope stakes
for reservoir and pump station and electrical transformer pad stakes.
III. DUTIES OF THE CITY
In order to assist "CONSULTANT" in the execution of his responsibilities under this
Agreement, "CITY" agrees to provide the following:
A. Provide background information, reports, contracts, specifications, proposals or
Agreements as may be available or are in existence, which may be germane to
the proper preparation and completion of "CONSULTANT'S" defined duties.
B. Assist "CONSULTANT" with interpretation of "CITY" standards and design
criteria. Meet with "CONSULTANT" as necessary to provide input or direction
on matters pertaining to completion of specifications and final construction plans.
C. Review plans, specifications and other documentation provided by
"CONSULTANT" relative to "PROJECT" in a timely fashion.
0
IV. TIME OF COMPLETION
A. "CONSULTANT" shall commence work immediately upon receipt of written
notice to proceed. Work as required herein, shall be completed in a diligent and
efficient manner to the execution of its completion.
B. The term of this Agreement shall expire thirty (30) calendar days after the date
the "PROJECT" is completed and accepted by "CITY ". It is agreed and !-
understood by both parties, that this is sufficient time to complete all such
activities and tasks associated with the "PROJECT ".
V. OWNERSHIP OF DOCUMENTS
A. Original drawings and other deliverable documents to be provided by
"CONSULTANT" under this Agreement shall become the exclusive property
of "CITY" and may be reproduced as deemed necessary by "CITY" or its duly
authorized representative. However, any use of completed deliverables or
documents for purposes other than for this "PROJECT ", or any use of
incomplete documents, shall be at "CITY's" sole risk, and "CITY" shall
indemnify "CONSULTANT" for any damages incurred as a result of such use.
No report, drawing, map, document or other data given to or prepared or
assembled by "CONSULTANT" pursuant to this Agreement shall be made
available to any individual or organization by "CONSULTANT" without prior
written approval by "CITY ", unless required by subpoena.
B. "CONSULTANT" may reserve the right to publish materials or reports related
to the work performed or data collected under the provisions of this Agreement.
The right to publish shall be at the sole discretion of the "CITY" and written
permission must be obtained by "CONSULTANT" from "CITY" on a case by
case basis. Blanket publishing approval shall not be granted.
C. "CONSULTANT" is granted permission to show to prospective clients reports
and data which have been accepted by "CITY" as prepared under this Agreement.
VI. RIGHT OF TERMINATION
A. "CITY" reserves the right to terminate this Agreement without cause at any time
by giving "CONSULTANT" five (5) business days prior written notice. Notice
shall be deemed served when delivered personally or upon deposit in the United
States mail, postage prepaid, addressed to the "CONSULTANT'S" business office
at 18 Technology Drive, Suite 100, Irvine, California 92718.
B. "CONSULTANT" may terminate this Agreement after ten (10) days' written notice
from "CONSULTANT" to "CITY" notifying "CITY" of it's substantial failure to
perform in accord with the terms of this Agreement, if , the "CITY" has not
corrected it's non - performance within that time.
• i
C. In the event of termination due to errors, omissions, or negligence of
"CONSULTANT ", "CITY' shall be relieved of any obligation to compensate
"CONSULTANT" for that portion of work directly affected by such errors,
omissions, or negligence of "CONSULTANT ". If this Agreement is terminated for
any other reason, "CITY' agrees to compensate "CONSULTANT" for the actual
services performed up to the effective date of the 'Notice of Termination ", on the
basis of the fee schedule contained herein.
VII. ASSIGNMENT
A. None of the services included in this Agreement shall be assigned, transferred,
contracted or subcontracted without prior written approval of "CITY'.
B. Neither "CONSULTANT" nor "CITY' shall assign or transfer any interest in this
Agreement, whether by assignment or novation, without the prior written
consent of the other party; provided, however, that claims for money due or to
become due "CONSULTANT" from "CITY' under this Agreement may be
assigned to a bank, trust company or other financial institution, or to a trustee in
bankruptcy, without such approval. Notice of any such assignment or transfer
shall be promptly furnished to "CITY'.
VIII. PAYMENT & FEE SCHEDULE
A. In consideration for the specified services, "CITY' hereby agrees to compensate
"CONSULTANT" on an hourly basis as set forth below in the 'PAYMENT & FEE
SCHEDULE ". In no event shall said amount be greater than the amount of one
hundred eighty seven thousand two hundred dollars ($187,200), except as
otherwise provided for herein below.
B. Payment & Fee Schedule
personnel hourly rates
Principal.............................................................. ...............................
$100.00
ProjectManager ................................................. ...............................
80.00
Registered Engineer/ Licensed Surveyor.. .........
.......... -- ..... 70.00
Project Engineer ................................................. ...............................
60.00
SurveyTechnician ............................................. ...............................
60.00
Design Engineer/ CAD Operator ................... ...............................
50.00
Draftsperson...................................................... ...............................
35.00
Specification Typist ............................ . ...............................
I............. 30.00
Survey (3 -man) Crew ........................................ ...............................
160.00
Survey (2 -man) Crew ........................................ ...............................
140.00
Survey (1 -man) Crew ........................................ ...............................
80.00
•
C. The contract amount shall be paid to "CONSULTANT" in monthly partial
payments based on the amount of hours worked and expenses incurred during
each monthly pay period, based on the actual hours of labor expended as
determined by the Utilities Director.
D. In addition to the fixed, not -to- exceed fee, "CITY" agrees to reimburse
"CONSULTANT" for the actual cost (plus 10 %) for all outside expenses
including those for: reproduction for copies of plans, reports and related
documents, material costs authorized in advance by the Utilities Director, and
other reasonable expenses, where such costs have been advanced by
"CONSULTANT" and approved in advance by "CITY ".
1. "CONSULTANT" shall provide written records (originals) of all expenses
incurred, and shall report all hours expended in the performance of his duties
and tasks on a monthly basis. "CITY" agrees to pay "CONSULTANT" within
thirty (30) calendar days of the receipt of said records and hourly summary.
2. "CONSULTANT" shall not be compensated for use of "CONSULTANT'S"
equipment, hardware, software materials, in -house reproduction or mileage.
Said costs are non - compensable. Time expended by "CONSULTANT'S"
personnel on such equipment shall be paid on the basis of the "FEE
SCHEDULE" herein above.
IX. ADDITIONAL SERVICES
No change in character, extent, or duration of the work to be performed by
"CONSULTANT" shall be made without prior written approval from "CITY ". In
consideration for performance of additional services authorized by "CITY" in
writing, "CITY" hereby agrees to compensate "CONSULTANT" an amount based
upon the hourly rate as submitted to "CITY" in the "FEE SCHEDULE ", except
that an increase in the total compensation exceeding twenty thousand dollars
($20,000.00) shall require an amended Agreement for such additional services be
executed by the "CONSULTANT" and "CITY ".
K RECORDS
"CONSULTANT" shall maintain complete and accurate records with respect to
costs, expenses, receipts and other such information required by "CITY" that relate
to the performance of the services specified under this Agreement. All such records
shall be maintained in accord with generally accepted accounting principles and
shall be clearly identified and readily accessible. "CONSULTANT" shall provide
free access to the representatives of "CITY" or its designees at all proper times upon
reasonable notice to "CONSULTANT" to such books and records, and gives "CITY"
the right to examine and audit same, and to make transcripts therefrom as deemed
necessary at "CITY'S" cost, and to allow inspection of all work, data, documents,
proceedings and activities related to this Agreement.
XI. INSURANCE
A. On or before the date of execution of this Agreement, "CONSULTANT" shall
furnish "CITY" with completed certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance policies.
"CONSULTANT" shall use the "CITY'S" Insurance Certificate form for
endorsement of all policies of insurance. The certificates do not limit
"CONSULTANT'S" indemnification, and also contain substantially the following
statement: "The insurance covered by this certificate may not be canceled or non-
renewed, except after thirty (30) days' written notice has been received by
"CITY " ". Coverage may not be reduced or otherwise materially altered without
the same advance notice to "CITY" of such alteration.
B. "CONSULTANT" shall maintain in force at all times during the performance
of this Agreement, policies of insurance required by this Agreement; and said
policies of insurance shall be secured from an insurance company assigned
Policyholders' Rating of "A" (or higher) and Financial Size Category "VIII" (or
larger) in accord with an industry-wide standard and shall be licensed to do
business in the State of California.
1. An appropriate industry -wide insurance rating standard shall be deemed
"Best's Key Rating Guide', latest edition.
C. "CONSULTANT" shall maintain the following minimum coverages:
Liability Insurance
General liability coverage shall be provided in the following minimum limits:
Category
Bodily Injury
Property Damage
Aggregate Limits
Amount
$ 1,000,000
each occurrence
$ 1,000,000
aggregate
$ 1,000,000
each occurrence
$ 1,000,000
aggregate
A combined single limit policy with aggregate limits in the amount of one million
dollars ($1,000,000) will be considered equivalent to the required minimum limits.
Errors & Omissions Insurance
Errors & Omissions coverage shall be provided in the amount of one
million dollars ($1,000,000).
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D. Subrogation Waiver
In the event of loss or claim of loss due to any of the perils for which it has
agreed to provide general liability insurance, "CONSULTANT' shall look solely
to its insurance for recovery. "CONSULTANT' hereby grants to "CITY ", on
behalf of any general liability insurer providing insurance to either
"CONSULTANT" or "CITY" with respect to the services of "CONSULTANT', a
waiver of any right of subrogation which any such insurer of said
"CONSULTANT" may acquire against "CITY" by virtue of the payment of any
loss under such insurance.
E. Additional Insured
"CITY ", its City Council, boards and commissions, officers, and employees shall
be named as an additional insured under all insurance policies required under
this Agreement, except Errors & Omissions Insurance. The naming of an
additional insured shall not affect any recovery to which such additional
insured would be entitled under this policy if not named as such additional
insured; and an additional insured named herein shall not be liable for any
premium or expense of any nature on this policy or any extension thereof. Any
other insurance held by an additional insured shall not be required to contribute
anything toward any loss or expense covered by the insurance provided by this
policy. Proceeds from any such policy or policies shall be payable to "CITY"
primarily, and to "CONSULTANT' secondarily, if necessary.
XII. WAIVER
A waiver by "CITY" or "CONSULTANT' 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 different character.
XIII. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages
by reason of an alleged breach of any provisions of this Agreement, the
prevailing party shall be entitled to receive from the losing party all costs and
expenses in such amount as the court may adjudge to be reasonable costs of
litigation.
XIV. 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
hereof. Any modification of this Agreement will be effective only by written
execution signed by both "CITY" and "CONSULTANT'.
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XV. HOLD HARMLESS
"CONSULTANT" shall indemnify and hold harmless, "CITY ", its City Council,
boards and commissions, officers, and employees from and against any and all
loss, damages, liability, claims, suits, costs and expenses, whatsoever, including
reasonable costs of litigation, arising from "CONSULTANT'S" negligent acts,
errors or omissions, in the performance of services hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the first date above written:
APPROVED AS TO FORM:
di � � �
R bin Clauson
Assistant City Attorney
ATTEST:
Wanda Raggio
City Clerk
Address and Telephone:
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92658 -8915
(714)644 -3011 (714)646 -5204 fax
10
City of Newport Beach,
a municipal corporation
-� L" �J, J
John Hedges, Mayor
"CITY"
Derek J. McGregor, Inc.,
a California Corporation
Derek J. McGregor, Princip
"CONSULTANT'
DMc Engineering
18 Technology Drive, Suite 100
Irvine, California 92718
(714)753 -9393 (714)753 -9322 fax