HomeMy WebLinkAbout08 - Bagahi Engineering PSA�EWPOR> = CITY OF
NEWPORT BEACH
CqC /F00." City Council Staff Report
Agenda Item No. 8
December 10, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandtC@newportbeachca.gov
PREPARED BY: Seimone Jurjis PE, CBO, Chief Building Official
APPROVED:
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TITLE: Geotechnical and Water Quality Management Plan Review —
Approval of Amendment No. 1 of the Professional Services
Agreement with Bagahi Engineering
ABSTRACT:
The Community Development Department currently uses the services of an outside
consultant, Bagahi Engineering (BE), to provide geotechnical and water quality
management plan review services. The term of the Professional Services Agreement
expires on June 30, 2016, however, during its term an amendment is required to
increase the contract dollar amount so that services may continue.
RECOMMENDATION:
Approve Amendment No. 1 of the Professional Services Agreement with Bagahi
Engineering for contract professional services to increase the total contract amount to a
maximum of $733,700 over the three -year term of the agreement.
FUNDING REQUIREMENTS:
The specialized plan review services of geotechnical reports and water quality
management plans are paid for by applicants. No funds from the City's General Fund
are used for this professional services agreement. Through a deposit account, the City
passes through the necessary funds between the consultant and the applicant. The
amount of money the consultant receives is directly related to the number of
geotechnical reports and water quality management plans that are submitted to the City
for review and approval.
The deposit account process is similar to the one the City uses for the retention of
consultants to prepare environmental documents.
Professional Services — Approval of Amendment No. 1
with Bagahi Engineering
December 10, 2013
Page 2
DISCUSSION:
Due to the variable soil conditions throughout the community, the City contracts with a
geotechnical consultant to review geotechnical reports that are submitted for plan
review. In addition, the consultant reviews water quality management plans for
development projects which requires a special expertise and knowledge of soil
infiltration, permeability, and foundation design.
On July 2, 2013, after a thorough Request for Qualification process, the City entered
into a three -year agreement with BA to provide geotechnical and water quality plan
review services (Attachment CC 2). Although this contract is funded by applicants, the
agreement includes a dollar limit of $120,000, which was intended to be sufficient for
Fiscal Year 2013/14. However, with the current level of development activity, the
$120,000 contract limit will be met within six months; therefore, staff is requesting an
increase in the contract limit to $240,000 to meet the demand through June 30, 2014,
and an additional $240,000 for each of the two remaining years of the agreement. The
proposed amendment to the agreement includes a total amount for the three -year term
of $733,700 which reflects an annual contract of $240,000 over three years with two
Consumer Price Index adjustments (Attachment CC 1).
As discussed in the previous section, no funds are used from the City's General Fund.
All services are paid for by applicants through the permitting and plan review process.
ENVIRONMENTAL REVIEW:
The recommended action is not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
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Professional Services — Approval of Amendment No. 1
with Bagahi Engineering
December 10, 2013
Page 3
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Kimberly Brand , AICP
Director
Attachments: CC 1 Amendment No. 1 to the Professional Services Agreement
CC 2 Professional Services Agreement
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4
City Council
Attachment 1
Amendment No. 1 to the
Professional Services Agreement
0
AMENDMENT NO. ONE TO
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH BAGAHI ENGINEERING, INC. FOR
GEOTECHNICAL, GRADING AND DRAINAGE, WQMP & SWPPP REVIEW
SERVICES
THIS AMENDMENT NO, ONE TO ON -CALL PROFESSIONAL SERVICES
AGREEMENT ( "Amendment No. One ") is made and entered into as of this 11th day of
December, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ( "City'), and BAGAHI ENGINEERING,
INC., a California corporation ( "Consultant "), whose address is 21 Chicory Way, Irvine,
CA 92612, and is made with reference to the following:
RECITALS
A. On July 2, 2013, City and Consultant entered into a Professional Services
Agreement ( "Agreement ") for Geotechnical, grading and drainage, WQMP and
SWPPP review services ( "Project ").
B. City desires to enter into this Amendment No. One to increase the total
compensation.
C. City and Consultant mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services dated November 26, 2013, attached hereto as Exhibit A and incorporated
herein by reference ( "Services" or "Work"). Exhibit A of the Agreement and Exhibit A of
Amendment No. One shall collectively be known as "Exhibit A." The City may elect to
delete certain Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
Seven Hundred Thirty Three Thousand Seven Hundred Dollars and 001100
($733,700.00), without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of
City."
7
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed Six
Hundred Thirteen Thousand Seven Hundred Dollars and 00/100 ($613,700.00).
3. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: I 1 -21 -13
By: cc - U .
Aaron CJ ,Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
BV:
Keith D. Curry
Mayor
CONSULTANT: BAGAHI ENGINEERING,
INC., a California corporation
Date:
By:
Ken H. Bagahi, Ph.D., G.E., P.E.
President / Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
BAGAHI ENGINEERING, INC. Page 2
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EXHIBIT A
SCOPE OF SERVICES
BAGAHI ENGINEERING, INC. Page Aj
November 26, 2013
CITY OF NEWPORT BEACH
Conummity Development Department
Building. Division
100 Civic Center Drive
Newport Beach, CA 92660
Attention: Mr. Seimone Jurjis, Building Manager/ Chief Building Official
Subject: Contract Amendment
On -Call Professional Service Agreement
Geotechnical, Grading and Drainage, WQMP & SWPPP Review Services
Dear NIr. Jurjis:
We agree to a contract amendment to the subject contract for professional services for a not to
exceed amount of $733,700.00 over the life of the contract which expires on June 30, 2016. The
opportunity to be of service is appreciated. If you have any questions, please do not hesitate to
contact me.
Very truly yours,
BAGAHI ENGINEERI G INC.
i'
Ken H. Bagahi, Ph. :E, ZEC., G.E.
Principal
KT-113/ma
Let- cab.doc
10
City Council
Attachment 2
Professional Services Agreement
21
12
C -5526
ON -CALL PROFESSIONAL SERVICES AGREEMENT
WITH BAGAHI ENGINEERING, INC. FOR
GEOTECHNICAL, GRADING AND DRAINAGE, WQMP & SWPPP REVIEW
SERVICES
THIS ON -CALL PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is
made and entered into as of this 2nd day of July, 2013 ( "Effective Date "), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ( "City "), and BAGAHI ENGINEERING, INC., a California corporation
( "Consultant'), whose address is 21 Chicory Way, Irvine, CA 92612, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide on -call geotechnical, grading and
drainage, WQMP & SWPPP review services ('Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2016, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
1-71
d
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Twenty Thousand Dollars ($120,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City.
Bagahi Engineering, Inc. Page 2
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4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and /or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal or
specifically approved in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Ken Bagahi to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Community Development
Department. City's Principal Plan Check Engineer or designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
Bagahi Engineering, Inc. Page 3
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7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties), from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise under this Agreement or in
any manner relate (directly or indirectly) to the negligence, recklessness, or willful
misconduct of the Consultant or its principals, officers, agents, employees, vendors,
suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable, or any or all of them.
Bagahi Engineering, Inc. Page 4
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9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence, active negligence or willful misconduct of the Indemnified Parties.
Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees
in any action on or to enforce the terms of this Agreement. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the
Bagahi Engineering, Inc. Page 5
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term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint- venture or syndicate or co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint- venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it
create any obligation on the part of City to pay or to see to the payment of any monies
due to any such subcontractor other than as otherwise required by law. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and City
shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
Bagahi Engineering, Inc. Page 6
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deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and /or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
Bagahi Engineering, Inc. Page 7
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In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Samir Ghosn, Principal Plan Check Engineer
Community Development Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands; requests or approvals from City to Consultant shall
be addressed to Consultant at:
Bagahi Engineering, Inc. Page 8
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Attn: Ken H. Bagahi
Bagahi Engineering, Inc.
21 Chicory Way
Irvine, CA 92612
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
Bagahi Engineering, Inc. Page 9
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enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
Bagahi Engineering, Inc. Page 10
22
[SIGNATURES ON NEXT PAGE]
Bagahi Engineering, Inc. Page 11
23
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNFAY'&OFFICE
By: (�2 V Imo,l/
Aaron C. Harp
City Attorney
ATTEST:
Date: (i
Y
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: "1
By:
Dave Riff
City Manager
CONSULTANT: Bagahi Engineering, Inc.,
a California corporation
Date: 7— t5 — 11
en H. Bagahi
President / Tre
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Bagahi Engineering, Inc. Page 12
24
EXHIBIT A
SCOPE OF SERVICES
Bagahi Engineering, Inc. Page A-1
CITY OF NEWPORT BEACH
REQUEST FOR QUALIFICATIONS NO. 13 -44
GEOTECHNICAL, GRADING and DRAINAGE, WQMP & SWPPP REVIEW SERVICES
PART 2: SCOPE OF SERVICES
City of Newport Beach RFQ No. 13 -44 Page 8
Geotechnical, Grading and Drainage, WQMP & SWPPP Review Services
20
SCOPE OF SERVICES & PROPOSAL REQUIREMENTS
Consultant shall provide the following services pursuant to the attached
agreement:
GEOTECHNICAL
1. Provide review of geotechnical reports and grading plans for commercial and
residential projects including shoring, slope stability, slope repair, seismic
hazards, liquefaction potential cut and fill quantities, grading sections, lab
reports, soil classifications, drainage devices and infiltration control systems.
2. Provide correction list in a manner to identify and direct the applicant to
correct and comply with the code provisions and City polices.
3. Review of corrected plans and review of geotechnical report addendums or
response(s) and issuing approval status when compliance with the Building
Code and Newport Beach Municipal Code are achieved;
4. Be available to meet with customers and City staff when required by City staff
or when requested by the applicant to discuss comments and provide
clarification. All meetings will be held at the City of Newport Beach
Community Development Department;
5. Be available to communicate with City staff on issues related to the plan check
review comments;
6. Be responsive to sensitive /special projects when requested by the City.
City of Newport Beach RFQ No. 13 -44 Page 9
Geotechnical, Grading and Drainage, W QMP & SW PPP Review Services
27
WATER QUALITY REVIEW
1. Review the following documents to ensure compliance with City codes,
standards and ordinances: WQMP reports, grading plans, geotechnical
reports, percolation data, filtration systems, SWPPP for projects during
construction;
2. Review Water Quality Management Plans (WQMP) for compliance with the
County's Model WQMP and Technical Guidance Document;
3. Review Stormwater Pollution Prevention Plans ( SWPPP), grading plans, and
Erosion /Sediment Control Plans;
4. Review preliminary WQMP for Priority and Non- Priority Planning Projects
as directed by city staff.
5. Provide community outreach with material provided by the County or in-
house as needed;
6. Provide public education seminars to designers, architects, and engineers
twice a year at City Hall;
7. Provide education seminars to City staff twice a year;
8. Provide correction list in a manner to identify and direct the applicant to
correct and comply with the code provisions and City polices;
9. Review of corrected plans and review report addendums or response(s) and
issuing approval status when compliance with the Building Code and
Newport Beach Municipal Code are achieved;
10. Be available to meet with applicants and City staff when required by City
staff or when requested by the applicant to discuss comments and provide
clarification. All meetings will be held at the City of Newport Beach,
Community Development Department;
11. Be available to communicate with staff on issues related to the plan check
review comments; and,
12. Be responsive to sensitive /special projects when requested by the City.
City of Newport Beach RFQ No. 13 -44 Page 30
Geotechnical, Grading and Drainage, WQMP & SWPPP Review Services
7
Plan check time Table
Initial Plan check and recheck reviews shall be completed and returned to the City
during a period not to exceed the number of business days listed below, from the
date plans, reports and drawings are picked up by the consultant from the City.
Consultant shall make all necessary arrangements to pick and deliver plans and
documents.
A) First plan check Residential 5 days
Commercial 10 days
B) Second Check
Residential 3 days
Commercial 5 days
Proposal cost Data summary
Plan check, first check
$
per check
Recheck, subsequent checks
$
percheck
Hourly rates for minor revisions
$
per hour
WQMP -First Check
$
per first review
WQMP Subsequent Checks
$
per review
Revisions /addendum to reports etc.
Hourly fee and min rate per review
$
Hourly/ min review fee
Consulting services (On -Call) hourly
$
per hour
Priority and Non - Priority Planning Projects
— First Check
$
per check
Priority and Non - Priority Planning Projects
— Subsequent Checks
$
per check
Please indicate basis of fee rate increase index for multiyear contract agreement.
City of Newport Beach RFQ No. 13 -44 Page 11
Geotechnical, Grading and Drainage, WQMP & SWPPP Review Services
�9
PROPOSAL REQUIREMENTS
All proposals shall be organized in the following manner:
1. Name, address and telephone number of the individual or firm. If a firm, the name and
title of the individual authorized to negotiate contract terms and make binding
commitments shall be included;
2. Professional qualifications (copies of licenses and certificates);
3. Narrative description of experience with public agencies, if any;
4. Description of the firm or individual's resources to deliver services in a timely manner. If
a firm, please provide the names of all personnel who will be assigned to work with the
City, including education and previous experience.
S. Narrative description of the proposed services;
6. Fee schedule for the proposed services on a separate page;
7. A minimum of three (3) relevant samples (with confidential information redacted) of
such services to be reviewed for form, clarity and thoroughness;
City of Newport Beach RFQ No. 13 -44 Page 12
Geotechnical, Grading and Drainage, WQMP & SWPPP Review Services
so
EXHIBIT B
SCHEDULE OF BILLING RATES
Bagahi Engineering, Inc. Pag B-1
SCHEDULE OF PLAN CHECK FEES
2013
Plan check, first check *
Recheck, subsequent checks
Hourly rates for minor revisions
WQNV -First Check
WQMP Subsequent Checks
Revisions /addendum to reports etc.
Hourly fee and min rate per review
Consulting services (On -Call) hourly
Priority and Non - Priority Planning Projects— First Check
Priority and Non - Priority Planning Projects — Subsequent
Checks
$ 780.00 to 1250.00 per check
$ 400.00 per check
$ 199.00 per hour
$ 780.00 to 1250.00 per first review
$ 400.00 per review
$ 199.00Hourly/ min review fee $199.00
$ 199.00 per hour
$ 199.00 per hour
$ 1250.00 per check
$ 400.00 per check
* Plan check services includes review of the Geotechnical Report
0
Labef
Strike Out Approved - Seimone Jurjis
June 12, 2013
CITY OF NEWPORT BEACH
SCHEDULE OF PLAN CHECK FEES
2014
ITEM
FEES
First Plan Check
$819.00 to $1312.00
Subsequent Checks
$420.00 /Check
Hourly Rate for Minor Revisions
$210.00
WQMP - First Check
$819.00 to $1312.00
WQMP- Subsequent Checks
$420.00 /Check
Revisions/ Addendum to Reports, etc.
$210.00 /Hour
Hourly Fee and Minimum Rate per Review
$210.00
Hourly Consulting Services (On -Call)
$210.00 /Hour
Planning Projects, Priority & Non - Priority,
First Check
$ 1312 /Check
Planning Projects, Priority & Non - Priority,
Subsequent Checks
$420.00 /Check
33
CITY OF NEWPORT BEACH
SCHEDULE OF PLAN CHECK FEES
3�E�y
ITEM
FEES
First Plan Check
$868.00 to $1390.00
Subsequent Checks
$445.00 /Check
Hourly Rate for Minor Revisions
$222.00
WQMP- First Check
$868.00 to $1390.00
WQMP- Subsequent Checks
$445.00 /Check
Revisions/ Addendum to Reports, etc.
$222.00 /Hour
Hourly Fee and Minimum Rate per Review
$222.00
Hourly Consulting Services (On -Call)
$222.00 /Hour
Planning Projects, Priority & Non - Priority,
First Check
$ 1390 /Check
Planning Projects, Priority & Non - Priority,
Subsequent Checks
$445.00 /Check
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Bagahi Engineering, Inc. Page CC-- -1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and in the aggregate. Any policy
inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Consultant agrees to maintain
continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Bagahi Engineering, Inc. Page C-2
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
Bagahi Engineering, Inc. Page
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