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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 46 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. 0 6 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. 0 6 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'. 0 0 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. 0 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. • 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). 9 0 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'. 0 0 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