HomeMy WebLinkAboutDerek J. McGregor, Inc. - 2021-06-01 AMENDMENT NO. 1 TO AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DEREK J. MCGREGOR, INC.
FOR
ON-CALL DEVELOPMENT REVIEW ENGINEERING AND
PROFESSIONAL CONSULTING SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"City,"and DEREK J. MCGREGOR, INC., a California Corporation, hereinafter referred
to as"Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated June
1, 2021, entitled"Professional Services Contract Between the City of Huntington Beach
and Derek J. McGregor, Inc. for On-Call Development Review Engineering and
Professional Consulting Services"which agreement shall hereinafter be referred to as the
"Original Agreement"; and
City and Consultant wish to amend the Original Agreement to extend the term of
the Agreement,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. TERM
The term of the Agreement is extended for one additional year until
May 31, 2025.
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions for the
Original Agreement shall remain in full force and effect.
24-14114/331457 1
•
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on tAilah 2 , 2024.
DEREK J. MCGREGOR, INC. CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
Californ'
By:
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print name Cnie
ITS: (circle one) Chairma 'resident Vice President Mayor
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print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary-Treasurer
Director o Pu lic Works
APPROVED •
ity ttorney
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CERTIFICATE HOLDER . CANCELLATION
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E � City of Huntington Beach
File #: 21-308 MEETING DATE: 6/1/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Sean Crumby, Director of Public Works
Subject:
Approve and authorize execution of Professional Services Contracts for On-Call Development
Review Engineering and Professional Consulting Services with Ardurra Group, Cannon
Corporation, Derek J. McGregor, and HR Green Pacific
Statement of Issue:
The Public Works Department requires on-call plan check and other engineering services for as-
needed support staff to assist with private development plan check and general engineering support
services.
Financial Impact:
Funding for the first year use of these contracts is provided in the Fiscal Year (FY) 2020/21 budget in
General Fund account 10085251.69365 and Water Fund account 50685201 .69365. Subsequent
funding will be requested as part of the annual budget submittal/approval process. No funds will be
expended on these contracts unless they are approved in the City's annual budget. No additional
funding is required by the recommended actions.
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute $500,000 Professional Services
Contract between the City of Huntington Beach and Ardurra Group, Inc., for On-Call Development
Review Engineering and Professional Consulting Services: and, .4Z! .3ep;ka12 fi„
B) Approve and authorize the Mayor and City Clerk to execute $500,000 Professional Services
Contract between the City of Huntington Beach and Cannon Corporation for On-Call Development
Review Engineering and Professional Consulting Services, and, 1�11
C) Approve and authorize the Mayor and City Clerk to execute $500,000 Professional Services_
Contract between the City of Huntington Beach and Derek J. McGregor, Inc., for On-Call
Development Review Engineering and Professional Consulting Services
D a ICi a I'MGQEEJ 1�F of /,rT�tc 7fLei
At
Action(s): P
City of Huntington Beach Papa 1 of 3 Pnnted on 52612021
o ,er$k L,,Ws ,
File #: 21-308 MEETING DATE: 6/1/2021
Do not authorize the contracts and direct staff accordingly. Plan check times are likely to increase
and service levels are likely to decrease until new contracts are approved.
Analysis:
Applicants who submit private development projects to the Public Works Department are required to
pay fees for plan check and development review services. Reasonable service levels are expected
in return. Historically, when development activity increases such that City staff can no longer meet
these demands, staffs efforts are supplemented by services provided by consulting engineers. This
approach is a cost-effective method of closing the gap between the demands for service and the
ability of City staff to meet these demands, while maintaining high-quality customer service levels.
Development activity is expected to increase in the coming years. In anticipation of this demand, on
December 21, 2020, the City advertised a Request for Qualifications (RFQ) for On-Call Development
Review Engineering and Professional Consulting Services. Proposals were requested and submitted
in compliance with Chapter 3.03 of the Huntington Beach Municipal Code (HBMC), "Professional
Services." Sixteen (16) proposals were received. In accordance with qualifications-based selected
procurement, per the Federal "Brooks Act," State SB 419, and the HBMC, the Public Works
Department established a three member review board to evaluate and rank these proposals.
The proposals were generally quite impressive and the selection process very competitive. Following
proposal evaluation, the review board then interviewed the teams representing the six highest-
ranking proposals. References were also checked for these six firms and their key staff. Following
this selection process, staff is recommending that on-call contracts be awarded to the top four (4)
firms, as follows: Ardurra Group, Inc., Cannon Corporation, Derek J. McGregor, Inc., and HR Green
Pacific, Inc.
Funding for these services is provided through development fees collected for these projects. The
proposed on-call contracts will be used only if development demand exceeds City staff resources,
necessitating the need for supplemental help from any of these consultants. The proposed contract
amounts are a not-to-exceed amount for a three-year term, with no guarantee of work. Funding for
any and all of these contract services is only through City Council authorization in the budget
approval process.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Infrastructure & Parks
Attachment(s):
1. Professional Services Contract between the City of Huntington Beach and Ardurra Group, Inc.,
for On-Call Development Review Engineering and Professional Consulting Services
2. Professional Services Contract between the City of Huntington Beach and Cannon
Corporation for On-Call Development Review Engineering and Professional Consulting
Services
3. Professional Services Contract between the City of Huntington Beach and Derek J. McGregor,
City of Huntington Beach Page 2 of 3 Printed on 5262021
MO eretd7y f.egister"
File #: 21-308 MEETING DATE: 6/1/2021
Inc., for On-Call Development Review Engineering and Professional Consulting Services
4. Professional Services Contract between the City of Huntington Beach and HR Green Pacific,
Inc., for On-Call Development Review Engineering and Professional Consulting Services
5. Professional Services Award Analysis
City of Huntington Beach Page 3 of 3 Printed on 52612021
D edt[A legisla,1e
PROFESSIONAL SERVICES CONTRACT BETWEEN
WEN
THE CITY OF I IUNTINGTON BFACI-1 AND
DEREK J. MCGREGOR. INC.
FOR
ON-CALL DEVELOP.\9ENT REVIEW ENGINEERING AND
PROFESSIONAL CONSULTING SERVICES
THIS AGREEt\,IEN-I ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of- California. hereinafter referred to as
"CITY," and Derek J. McGregor, Inc., a California Corporation hereinafter referred to as
"CONSULTANT."
WHEREAS. CITY desires to engage the services of a consultant to provide on-call
development review engineering and professional consulting services; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of the
Huntington Beach \Municipal Code. Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services.
NOW. THERF.,FORF. it is agreed by CITY and CONSULTANT as follows:
I. SCOPE OP SERVICES
CONSULTANT shall provide all services as described in Exhibit "A," which is
attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Derek J. McGregor, who shall represent it and be
its sole contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
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1/19-201082
3. TERM: TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on >11/11-/ / , 20,. L (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than one year from the Commencement Date. The time for performance of the tasks identified
in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to
benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall he bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed Five Hundred Thousand Dollars ($500,000).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
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7. DISPOSITION OF PLANS. EST MATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including.
without limitation. all original drawings, designs, reports, both field and office notices, calculations,
computer code, language, data or programs, maps. memoranda, letters and other documents, shall
belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement or upon PROJECT completion, whichever shall occur first. These
materials may be used by CITY as it sees fit.
8. 1-101-D HARMLESS
A. CONSULTANT hereby agrees to protect, defend. indemnify and hold
hamiless CITY, its officers, elected or appointed officials, employees. agents and volunteers from
and against any and all claims. damages, losses, expenses, judgments, demands and defense costs
(including. without limitation. costs and fees of litigation of every nature or liability of any kind or
nature) arising out of or in connection with CONSUL TANT's (or CONSULTANT'S subcontractors,
if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with
anv of its obligations contained in this Agreement by CONSULTANT. its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful
misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and
CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by CONSULTANT.
B. To the extent that CONSULTANT performs "Design Professional Services" within
the meaning of Civil Code Section 2782.8. then the following Hold Harmless provision applies in
place of subsection A above:
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"CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and
against any and all claims, damages, losses, expenses, demands and defense costs (including,
without limitation, costs and fees of litigation of'every nature or liability of any kind or nature) to
the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence,
recklessness. or willful misconduct of CONSULTANT. In no event shall the cost to defend charged
to CONSULTANT exceed CONSULTANT's proportionate percentage of' fault. However,
notwithstanding the previous sentence, in the event one or more other defendants to the claims
and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the
business. CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid
defense costs. The duty to indemnify, including the ditty and the cost to defend, is limited as
provided in California Civil Code Section 2782.8.
C. Regardless of whether subparagraph A or 13 applies, CITY shall be reimbursed by
CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation.
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 CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability insurance
policy covering the work performed by it hereunder. This policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than One Million Dollars
(SI.000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not
contain a self-insured retention without the express written consent of-CITY; however an insurance
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policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made
policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that might
give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is terminated
for any reason. CONSULTANT agrees to purchase an extended reporting provision of at least two
(2) years to report claims arising from work performed in connection with this Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the CITY with required proof' that insurance has been
procured and is in force and paid lor, the CITY shall have the right, at the CITY's election. to
forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid
for its time and materials expended prior to notification of termination. CONSULTANT waives the
right to receive compensation and agrees to indemnify the CITY for any work performed prior to
approval of insurance by the CITY.
10. CERTIFICATE' OF INSURANCE'
Prior to commencing performance of the %work hereunder. CONSULTANT shall
furnish to CITY a certificate of' insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
13. state that the policy is currently in force; and
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C. shall promise that such policy shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days'
prior written notice; however, ten (10) days' prior written notice in the event
ul'cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONS ULTANT's defense, hold harmless and indemnification obligations as set forth in this
Agreement. CITY or its representative shall at all times have the right to demand the original or a
copy of the policy of insurance. CONSUL:PANT- shall pay; in a prompt and timely manner. the
premiums on the insurance hercinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT- is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT
shall secure at its own cost and expense. and be responsible for any and all payment of all taxes,
social security, state disability insurance compensation, unemployment compensation and other
payroll deductions for CONSULTANT and its officers. agents and employees and all business
licenses. if anv. in connection with the PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike manner.
CITY may terminate CONSUL.;fANT's services hereunder at any time with or without cause, and
whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall
be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the
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event of termination. all finished and unfinished documents. exhibits, report, and evidence shall, at
the option of CITY. become its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
"Phis Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the
prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all
approved assignees, delegates and subconsultants most satisfy the insurance requirements as set
forth in Sections 9 and l0 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to anv patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee in
the work performed pursuant to this Agreement. No officer or employee of CITY shall have any
financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to CONSULTANT"s agent (as designated in Section l hereinabove) or to CITY as
the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service. to the addresses specified below. CITY and
CONSULTANT may designate different addresses to which subsequent notices, certificates or
other communications will be sent by notifying the other party via personal delivery, a reputable
overnight carrier or U. S. certified mail-return receipt requested:
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TO CITY: TO CONSULTANT:
City of I-luntington Beach Derck J. McGregor, Inc.
A"I11I?I: Debbie Debow ATTN: Derek J. McGregor
2000 Main Street 18 -technology Drive, Suite 100
Huntington Beach. CA 92648 Irvine, CA 92618
17. CONSL'N-I-
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to any
subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this .Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions. and do not interpret, define, limit or describe. or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of- this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
21-9519ns2266 8 of I l
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neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and anv present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
brine it within the requirements of the law.
21. DUPLICATE ORIGINAL,
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of-its execution and deliver\,, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
22. MMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration and
naturalization laws of' the United States and shall, in particular, comply with the provisions of' the
United States Code regarding employment verification.
23. LEGAL SERVICES SUBCON"TRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. CONSULTANT understands that pursuant to
//untin,,torr Beach City Charter Section 309. the City Attorney is the exclusive legal counsel for
CITY: and CITY shall not be liable for payment of any kcal services expenses incurred by
CONSULTANT.
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24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attornev's fees, such that the prevailing party shall not be entitled to recover its attorney's
fees from the nonprevailinc party.
25. SURVIVAL,
"Terms and conditions of this Agreement, which by their sense and context survive
the expiration or termination of this Agreement. shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of- this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority
or power is not. in fact, held by the signatory or is withdrawn.
28. F.,NTIRETY
The parties acknowledge and agree that they are entering into this Agreement freely
and voluntarily following extensive arm's length negotiation, and that each has had the opportunity
to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and
agree that no representations, inducements, promises, agreements or warranties. oral or otherwise,
have been made by that party or anyone acting on that party's behalf, which are not embodied in this
Agreement. and that that party has not executed this Agreement in reliance on any representation.
inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this
21-951%I52266 10 01, 11
5/19-20-4082
Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
CONSULTANT,
DEREK J. MCGREGOR, INC. CITY OF HUNTINGTON BEACH, a
municipal corpor ion of the State of
c
Califomi
By.
-pcfGl_ T c (JrC4u( MaAmam /..iLt•_
print nc (y�r,,,l.
ITS: (circle one)Chaim residen ice President
City Clerk
AND
By: INITIA AND ROV
e(el� S Y�IG rCa�/
J
print name Director of Public Wor s
ITS: (circle one)Secretary/Chief Financial Officer/Asst.
Secretary•Treasurer
OeNDCPER D:
City Manager ,
APPROVED AS TO FORM:
g,City Attorney
21-9519/252266 11 of 11
5119-204082
EXHIBIT A CITY OF HUNTINGTON BEACH
ON•CALL DEVELOPMENT REVIEW ENGINEERING&
,=' PROFESSIONAL CONSULTING SERVICES
Derek J. McGregor
Mr. McGregor has over (+o) years of public works experience, thirty of which are in entitlement,
map and plan checking. Mr. McGregor's experience includes many years of working with the
following agencies: City of Huntington Beach(4 years); City of Irvine (30+ years); Santa Margarita
Water District(25 years);Trabuco Canyon Water District (YO+ years);Orange County Great Park
(to years); and the City of Laguna Beach (+ years). He also has extensive experience in planning,
design,development and construction management ofpublic works projects.
Mark Carroll
Mr. Carroll has over (41) years of experience in planning, design, permitting and construction of
public works and private sector development projects. Similar to Mr. Derek J. McGregor, Mr.
Carroll has multiple years ofexperience working with planning and engineering departments with
a number of Orange County agencies. He is an expert in all areas of map approvals, as well as
managing plan reviews.
Jerry McGregor
Mr. McGregor has (43) years of varied, multi-disciplined engineering experience, primarily in
private sector and public utility related projects. He applies his depth of knowledge and experience
providing services that include planning,design, development, implementation, project scheduling
and management, as well as quality oversight of projects, working directly with engineers,
contractors, consultants, as well as State and Federal Agencies.
Holly Ferguson
Ms. Ferguson is experienced in the role of overseeing the tracking of plan check submittals for the
City of Huntington Beach. She has been working in this capacity for (6) years. Ms. Ferguson uses
the City's GIS to facilitate the plan check process.Additionally,she facilitates responses to questions
from applicants and coordinates document review status and requests to expedite reviews. Ms.
Ferguson works in a similar role servicing other agencies such as the City of Irvine, Trabuco
Canyon Water District, the City of Laguna Beach and the City of San Clemente.
D. DMe ENGINEERING—SERVICE CATEGORY Page I D-11
CITY OF HUNTINGTON BEACH
ON-CALL DEVELOPMENT REVIEW ENGINEERING&
,=, PROFESSIONAL CONSULTING SERVICES
David Gins
David Gins has over (20)years ofcivil engineering work experience. He is a licensed civil engineer
with an expertise in engineering plans and supporting report review. Mr. Gin's professional
experience began in the water quality field while employed as a design engineer for major suppliers
of water quality treatment systems. Throughout the years, he has become knowledgeable and
experienced in all areas of engineering design and report preparation and plan review.
Michael Benedict
Mr. Benedict has over (+0) years of experience providing surveying, mapping and construction
services. His skills include boundary and right of way analysis, review of final parcel/tract maps
and legal descriptions for easements and lot line adjustments.
D. SERVICE CATEGORY
UNDERSTANDING AND METHODOLOGY
DMc Engineering has been providing plan and map checking, entitlement review and consulting
services for various cities and agencies for over (30) years! This experience has included review of
demolition and grading plans; improvement plans and technical reports, tentative and final maps;
lot line adjustments and easement documents. While providing these services, DMc is confident in
meeting with developers, engineers, contractors, consultants and the general public on behalf of
cities and agencies. One of DMc's primary objectives is to work toward resolution of development
issues relative to infrastructure improvements, reports, document processing, construction and
related issues.
Our Approach to The Scope of Work
Our approach to each Civil Engineering Plan Check project starts with the assignment of a Project
Engineer. The Project Engineer will be a California-licensed engineering professional and be tasked
with the completion of the required review. Personnel will be assigned based on their specific
expertise in a particular function or design aspect of the project.
D. OW ENGINEERING-SERVICE CATEGORY Page I D-12
CITY OF HUNTINGTON BEACH
ON-CALL DEVELOPMENT REVIEW ENGINEERING&
,=, PROFESSIONAL CONSULTING SERVICES
The DMc team will operate based on our philosophy, which emphasizes effective Client/Consultant
communications as a key element to the success of any project. At DMc Engineering, this begins
at the initial review, where the Project Engineer confirms that the initial submittal is complete and
has the minimum information necessary to start a plan review. There is an on-going and regular
communication process that continues throughout the review of the project. Both written and
verbal communication are utilized at maximum effectiveness and regular progress update reports
and Project Progress and Design Review meetings will be provided to the City as a part of our
overall services.
Quality Control & Assurance
DMc Engineering maintains an active and on-going Quality Control/Quality Assurance (QC/QA)
Program, that emphasizes technical accuracy and reduction of overall design and construction costs.
Implementation of this program is achieved through personal involvement of the Project Manager
and other key DMc staff. This process results in more complete and thorough reviews at each stage
of the project, with a review focused on value engineering, technical accuracy, minimal construction
cost and on-time performance.
Scheduling& Schedule Control
DMc Engineering believes that our strict adherence to the City's' plan review time frame can be
achieved through timely and continuous communication with the City. We have a proven
performance record complying with the City's schedules. DMc also understands the importance of
fast-tracking certain high-profile projects.
Unique Qualifications
For the City of Huntington Beach, DMc Engineering has developed efficient plan check reference
documents, which have resulted in project cost savings. We created a plan review checklist that we
use for Precise Grading Plan (PCP) reviews. We attach this checklist as a part of our written
comments and update it with each review. We also created 'Engineering Details'to assist applicants
with their designs. When reviewing submittals,our goal is to provide the applicants with clear and
concise comments which results in efficient processing and ultimately approval.
D. DMc ENGINEERING—SERVICE CATEGORY Page 1 0-13
CITY OF HUNTINGTON BEACH
ON-CALL DEVELOPMENT REVIEW ENGINEERING&
=, PROFESSIONAL CONSULTING SERVICES
When applicants request assistance, we promptly provide them assistance, often holding meetings
to review plan check comments. We provide interim reviews and advise applicants whether or not
they are ready for formal submittal.This effort has proven effective as applicants often get approvals
after said meetings.
D. DMc ENGINEERING—SERVICE CATEGORY Page 1 D-14
EXHIBIT B
CITY OF HUNTINGTON BEACH
=, ON-CALL DEVELOPMENT REVIEW ENGINEERING&
PROFESSIONAL CONSULTING SERVICES
HOURLY RATE SCHEDULE
Effective January 1, 2021 thru December 31, 2021
DMc Engineering proposes to provide the services as outlined in the Scope and Services for this RFQ. This includes
overall coordination and oversight of the various projects assigned. Our activities will include, but are not limited to
research, writing, meeting attendance 8 presentations, presentation preparation, traffic studies, parking studies, civil
engineering studies, plan production, printing, consultation and any related tasks required to fulfill project requirements.
Most of the professional tasks will be completed at the project manager or project engineer level at the rates indicated
below.
The Schedule of hourly rates is a part of the consultant's proposal and will be used in invoicing the City of Huntington
Beach
OFFICE PERSONNEL
Principal.....................................................................................................................................$220.00
ProjectManager........................................................................................................................$180.00
ConstructionManager...............................................................................................................$180.00
ProjectEngineer........................................................................................................................$160.00
ProjectSurveyor........................................................................................................................$160.00
SeniorEngineer.........................................................................................................................$140.00
AssociateEngineer....................................................................................................................$120.00
Administration............................................................................................................................$100.00
FIELD SURVEY
One-Person Survey Crew .........................................................................................................$160.00
Two-Person Survey Crew .........................................................................................................$200.00
GPS Survey Crew(2-Man Crew)...............................................................................................$250.00
E. DMc ENGINEERING-COST PROPOSAL 1 RATE SHEET
CITY OF HUNTINGTON BEACH
®�® ON-CALL DEVELOPMENT REVIEW ENGINEERING 8
PROFESSIONAL CONSULTING SERVICES
REIMBURSABLE FEE SCHEDULE
Plan Plotting/Copies(MIN) .................................................................................................S 1.001 sq ft.
Plan Plotting/Copies(Color) ................................................................................................$ 5.001 sq ft.
Copies(8112 x 11 —B&M....................................................................................................$ 0.101copY
Copies(8112 x 11 —Color)....................................................................................................$ 0.101copY
Deliveries....................................................................................................................................TBD
E. OMc ENGINEERING-COST PROPOSAL I RATE SHEET
PROFESSIONAL SERVICES CONTRACT BE"r\VEEN
THE CITY OP HUNTINGTON BEACH AND
FOR
Table of Contents
1 Scopeol'Services.....................................................................................................I
2 City Starr Assistance................................................................................................2
3 Term: Time or Performance.....................................................................................2
4 Compensation ..........................................................................................................2
SEs1ra Work...............................................................................................................2
6 Method of Pavment........................................................................I.........................3
7 Disposition of'Plans, Estimates and Other Documents ...........................................3
8 Hold Harmless .........................................................................................................3
9 Professional Liability Insurance.............................................................................4
10 Certificate oflnsurance............................................................................................5
11 Independent Contractor............................................................................................6
12 Termination of Agreement.......................................................................................6
LiAssignment and Delegation ......................................................................................6
14 Copyrights/Patents...................................................................................................7
15 City Employees and Officials..................................................................................7
16 Notices.........................................................................................7
17 Consent ....................................................................................................................8
18 Modification.............................................................................................................8
19 Section Headings .....................................................................................................8
20 Interpretation ol'this Agrecment..............................................................................8
21 Duplicate Original....................................................................................................9
22 Immigration...............................................................................................................9
23 Legal Services Subcontracting Prohibited................................................................9
24 Attornev's Fees..........................................................................................................10
25 Survival.....................................................................................................................10
26 Governing Law .........................................................................................................10
27 Signatories.................................................................................................................10
28 Entirctv......................................................................................................................10
29 Effective Date................................................................................. I l
I
I
ACC)I?" CERTIFICATE OF LIABILITY INSURANCE BATE IMMND YYY
1..� 1 0/12/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of The policy,certain policies may require an endorsement. A statement on
this certificate does not confor rights to the certificate holder In lieu of such endorsements.
PRODUCER ICA Insurance Services B0 ° BallyTmn _ i
13Q Vantis, Suite 250 PHONE 949-297-5962 FAx
.LNG.go.EA: WG Nq: 949.297 5960
Aliso Viejo, CA 92656 EMAIL
A hall yAran ausa.c°m
INSUREIMS)AFFORDWO COVETUGE _ NAIC9
wWw.ioaVSa.COm CA Lkatlse k0E67768 WSURERA: RLI Insurance Compan 13056
INSURED INSURER 8:
Derek J.McGregor, Inc.; INSURER C:
dba:DMc Engineering
18 Tachnol0ggyy Drive, Suite 100 INSURER 0: j
Irvine CA 92618 INSURER E:
INSURER P:
COVERAGES CERTIFICATE NUMBER: 58106827 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE IAUDL fl POLICY NUMOER POgCDY EP PN ICY E%P LIMITS
L
COMMERCIAL GENERAL LIABILr1Y EACH OCCURNENCE $
-ISAN,A�ETSRENTE�—
CLAIMS-MADE ❑OCCUR EMISE$lF.ogun_.n55) S
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OTHER. COMBINED SINGLELIMIT
AUTOMOBILELMENLITY E W $
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OWNED SCHEDAUTCsULED BOORYINNRY(Paro .nl) $
HIRED NON OWNED PROPERTY DAMAGE S
AUTOS ONLY AUTOS ONLY
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UM8RELLA LIAO OCCUR APPROVED EACH GceURRENce $
EXCESS DAB AS TO FORM AGGREGATE $
OCCUR MADE
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WORRERS COMPENSATION _TTI ER
AND EMPLOYERT LIABILITY YIN M L A TIIES
ANYPPOPRIEiORIPARTNEH/E%ECUINE NJA CRY ATTORNEY E.L.EACI{ACGDEHT f
OFFICER EMSEREXCLUOEW ❑ CITY OF HUNTTNGTO F.L.DISEASE-EA IN LOYE S
(M.n4sion In NH) BEACH
WIIyeS.tlewlbs unOm
S16MI'l ON OF OPERATIONS bolon E.L.DISEASE-POLICY UMN $
A Professional Liability RDP0040266 7A2020 711/2021 $1,000,000 Each Claim
Claims-Made $2,000,D00 Annual Aggregate
DESCRIPTION OF OPERATIONS l LOCATION$I VEHICLES(ACCRD 101,AddIU,nal R.mark.ScbadvM,In+Y b.M4cbatl 11 mon.Mu b nRulntll
Coverage subject io as policy(arms.Conditions,limitations and exclusions.30 Day Notice of Canwiatlon110 Days for Non-Payment In accordance
with policy provisions.
CERTIFICATE HOLDER CANCELLATION
On-Call Plan Chock 8 Engineering Services
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City DI Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
Huntington Beach CA 92648
AUTHOR¢EOREPRESENTATNE
AVC Alicia K.lgfam
C 1988-2015 ACORD CORPORATION. All rights resorvod.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
5n06n7 1 vxo-SI n I Debbie HCOX,por 1 10/12/2010 10122140 Atl IIVI'I I P.9e I Ot I
CITY OF HUNTINGTON BEACH
On Call Development Review Engineering & Professional Consulting Svcs:
FIRM PROPOSAL Scores Proposal Scores
(Total) (Avg)
DMc 209 69.7
Ardurra 186 62.0
Cannon 185 61.7
HR Green 182 60.7
NV5 182 60.7
Intcmest 172 57.3
CSG Consultants 129 43.0
Bureau Vcrilas 128 42.7
1 ranstech 114 38.0
I:nginecring Resources 111 37.0
M6 Consulting 104 34.7
Precision Civil Engineering 68 22.7
Hartzog&Crabill 65 21.7
PBI.A Fnginanng 55 18.3
Coast Surveying Survey Only
Stantec
PROFESSIONAL SERVICE AWARD ANALYSIS
SERVICE: On-Call Development Review Engineering & Prof. Consulting Services
SERVICE DESCRIPTION: Engineering support for City's Development Services Section
VENDOR: DMc Engineering
OVERALL RANKING: 1 out of 16
SUBJECT MATTER EXPERTS/RATERS:
One (1) Principal Civil Engineer and two (2) Senior Civil Engineers
I. MINIMUM QUALIFICATIONS REVIEW
• Overall Total Score: 94.7 (Avg.)
DMc—Minimum Qualifications Review
Total Weighted Maximum
Criteria Score Score
Proposal Clarity 9 10
Qualifications & Experience 23.3 25
Staffing 23.7 25
Understanding & Methodology 13.7 15
References 10 10
Interviews 15 15
Total 94.7 100
II. DUE DILIGENCE REVIEW
Interview Ranking: 15'
DMc—Summary of Review
DMc provides a big company service with the personal
attention of a small company. They have been doing a great
job for us for the past 3 years under the existing contract.
DMc—Pricing
• Low end from $1001hr
• High end from 2201hr
234
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ �tir,%lv.huntingtonbeachca.gov
Office of the City Clerk
Robin Estanislau, City Clerk
June 9, 2021
Derek J. McGregor, Inc.
Attn: Derek J. McGregor
18 Technology Drive, Suite 100
Irvine, CA 92618
Dear Mr. McGregor:
Enclosed is a copy of the `Professional Services Agreement between the City of
Huntington Beach and Derek J. McGregor, Inc. for On-Call Development Review
Engineering and Professional Consulting Services" approved by the Huntington Beach
City Council on June 1, 2021.
Sincerely,
Robin Estanislau, CIVIC
City Clerk
RE:ds
Enclosure
Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand