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HomeMy WebLinkAbout12 - C-3527 - Balboa Village Phase 2 Construction Management ServicesOCTOBER 8, 2002 CITY COUNCIL AGENDA ITEM NO. 12 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE PHASE 2 IMPROVEMENTS, CONTRACT NO. 3527 AND OTHER CAPITAL IMPROVEMENT PROJECTS. RECOMMENDATION: Approve a $257,000 Professional Services Agreement with Harris & Associates to provide construction management, inspection, and materials testing for the Balboa Village Phase 2 project ($178,000) and other Capital Improvement Projects ($79,000), and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: Harris & Associates provided a full -time site engineer and full -time inspector for the construction management of the Balboa Village Phase 1 improvements, the Balboa Pier Restroom and the Washington Street Restroom. Because there will be a reduced workload this year (Phase 2 of the Balboa Village project is a smaller project than Phase 1) and there is no restroom construction, Staff recommends Harris & Associates provide a part-time site engineer and a part-time inspector for the Phase 2 work. The City would utilize the remaining portion of the inspector's time on other street and utility capital improvement projects in the area. Phase 2 Balboa Village Improvements Phase 2 of the project will link with the improvements constructed in Phase 1 and will install new pavement and landscaping on Oceanfront, Main Street, Washington Street, and Palm Street. Main Street (from the Pier Plaza to the Balboa Pavilion) Washington and Palm Streets (from Oceanfront to Balboa Boulevard) Oceanfront (from A Street to Adams Street) SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE PHASE 2 IMPROVEMENTS, CONTRACT NO. 3527 AND OTHER CAPITAL IMPROVEMENT PROJECTS. October 8, 2002 Page 2 Additionally, new streetlights will be installed on Edgewater, East Bay Avenue, and Washington Street - north of Balboa Boulevard. A water main will be constructed in the alley behind the Theatre from Main Street to Palm Street. Phase 2 is scheduled to start in October 2002, and be completed by May 30, 2003. Harris & Associates will provide the following construction management oversight services: • Ensuring the contractor maintains a safe worksite • Ensuring that the contactor maintains pedestrian and delivery access into businesses • Ensuring traffic control measures are safe and effective • Monitoring contractor progress in meeting the project schedule • Observing, monitoring, and inspecting construction activities including performing material testing • Monitoring design changes and change orders to control cost overruns • Keeping the public informed of lane closures and sidewalk and driveway construction • Monitoring the control of dust, noise, and odor nuisances In addition to managing the Phase 2 construction, Harris & Associates will be the first point of contact for community comments and complaints and will maintain a 24 -hour hotline. Harris & Associates will also assist with coordination of the Phase 2 improvements with several other projects that will be constructed concurrently in the Village area including: • Installation of a Southern California Edison vault in Main Street (October, 2002) • Reconstruction of the sewer pump station on Balboa Boulevard at 'A' Street (starting in February 2003) Other Capital Improvement Projects Approximately fifty percent of Harris & Associates' inspectors time is projected to be spent on several of the following budgeted capital improvements projects from October 2002 to June 2003 with the inspector's time billed to the appropriated project accounts. • Balboa Island Bayfront Repairs • Ocean Front Street Ends • Bayshores Water Main Installation • Peninsula Point Water Main Installation z SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE PHASE 2 IMPROVEMENTS, CONTRACT NO. 3527 AND OTHER CAPITAL IMPROVEMENT PROJECTS. October 8, 2002 Page 3 • Balboa Island Pavement Repair • Bayside Drive Pavement Repair • Newport Heights Alley Project For these projects, the Harris & Associates' inspector would report to the City's Construction Engineer. Funding for the Balboa Village Phase 2 improvements is available in the following account: Description Account No. Amount Balboa Village Plan 7024- C5100543 $178,000 Funding for the inspection services for the other projects will be funded from the respective project accounts as determined at a later date, when the project is under construction. Respectfully su IRKS DEPARTMENT Badum, Director . By: Robert Stein, P.E. Project Manager Attachment: Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR BALBOA VILLAGE IMPROVEMENTS PHASE 2 AND INSPECTION SERVICES FOR OTHER CAPITAL IMPROVEMENT PROJECTS THIS AGREEMENT, entered into this day of , 2002, by and between the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and Harris & Associates, whose address is 34 Executive Park, Suite 150, Irvine, California, 92614, (hereinafter referred to as "Consultant "), 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 is planning to implement part-time construction management services for the "Balboa Village Improvement Project. Phase 2, and inspection services for other Capital Improvement Projects (CIP)," hereinafter referred to as 'Project." C. The principal member of Consultant for purpose of Project is Dave Seevers, P.E., Vice President, and CM Manager. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to contract with Consultant under the terms and conditions provided in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: -1- I 1. TERM The term of this Agreement shall commence on the 25th day of September 2002, and shall terminate on the 25th day of September 2003, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the duties set forth in the scope of services, attached hereto as Exhibit "A' and incorporated herein by reference. 3. COMPENSATION TO CONSULTANT City shall pay Consultant for the services in accordance with the provisions of this Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without prior written approval of City. Consultant's compensation for all work performed in accordance with this Agreement shall not exceed the total contract price of two hundred fifty seven thousand and 001100 Dollars ($257,000). 3.1 Consultant shall maintain accounting records of its billings which includes the name of the employee, type of work performed, times and dates of all work which is billed on an hourly basis and all approved incidental expenses including reproductions, computer printing, postage and mileage. 3.2 Consultant shall submit monthly progress invoices to City payable by City within thirty (30) days of receipt of invoice. 3.3 Consultant shall not receive any compensation for extra work without prior written authorization of City. Any authorized compensation shall be paid in accordance with the schedule of the billing rates as set forth in Exhibit "B ". 3.4 City shall reimburse Consultant only for those costs or expenses which have wa 5 been specifically approved in this Agreement, or specifically approved in advance by City. Such cost shall be limited and shall include nothing more than the following costs incurred by Consultant: A. The actual costs of subconsultants for performance of any of the services which Consultant agrees to render pursuant to this Agreement which have been approved in advance by City and awarded in accordance with the terms and conditions of this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4. STANDARD OF CARE 4.1 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 community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City nor have any contractual relationship with City. Consultant represents to City that it has or shall obtain all licenses, permits, qualifications and approvals required of its profession. Consultant further represents that it shall keep in effect all such licenses, permits and other approvals during the term of this Agreement. 4.2 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, failure of City to furnish timely information or to promptly approve or -3- 4 disapprove Consultant's work, delay or faulty performance by City, contractors, or governmental agencies, or any other delays beyond Consultant's control. 4.3 The term Construction Management, Construction Manager, or Construction Inspector, does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or charge of, and shall not be responsible for Project's design, Projects contractor (hereinafter referred to as "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractor's schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or charge of acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 5. INDEPENDENT PARTIES City retains Consultant on an independent contractor basis and Consultant is not an 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. Nothing in this Agreement shall be deemed to constitute 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 details and means of performing the work provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Consultant as to the details of the performance of the services or to exercise a measure of In I control over Consultant shall mean that Consultant shall follow the desires of City only in the results of the services. 6. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator, and any other agencies which may have jurisdiction or interest in the work to be performed. City agrees to cooperate with Consultant on Project. 7. PROJECT MANAGER Consultant shall assign the Balboa Village Phase 2 Project to a Project Manager, who shall coordinate all phases of Project. This Project Manager shall be available to City at all reasonable times during term of Project. Consultant has designated Omar M. Dandashi, P.E., to be its Project Manager. Consultant shall not bill any personnel to Project other than those personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's prior written approval by name and specific hourly billing rate. Consultant shall not remove or reassign any personnel designated in this Section or assign any new or replacement person to Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants it will continuously furnish the necessary personnel to complete Project on a timely basis as contemplated by this Agreement. 8. TIME OF PERFORMANCE Time is of the essence in the performance of the services under this Agreement and the services shall be performed by Consultant to complete by May 30, 2003. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by -5- I City. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 8.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition which purportedly causes a delay, but not later than the date upon which performance is due. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays which are beyond Consultant's control. 8.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances by telephone, fax, hand delivery or mail. 9. CITY POLICY Consultant shall discuss and review all matters relating to policy and project direction with the Project Administrator in advance of all critical decision points in order to ensure that Project proceeds in a manner consistent with City goals and policies. 10. CONFORMANCE TO APPLICABLE REQUIREMENT All work prepared by Consultant shall conform to applicable city, county, state and federal law, regulations and permit requirements and be subject to approval of the Project Administrator and City Council. 11. PROGRESS Consultant is responsible to keep the Project Administrator or his duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 0 I 12. HOLD HARMLESS Consultant shall indemnify, defend, save and hold harmless City, its City Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all negligent acts or omissions of Consultant, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement, excepting only the active negligence or willful misconduct of City, its officers or employees, and shall include attorneys' fees and all other costs incurred in defending any such claim. 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. 13. INSURANCE Without limiting consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement policy or policies of liability insurance of the type and amounts described below and satisfactory to City. Certification of all required policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any right or performing any work pursuant to this Agreement. Except workers compensation and errors and omissions, all insurance policies shall add City, it's elected officials, officers, and employees as additional insured for all liability arising from Consultant's services as described herein. Insurance policies with original endorsements indemnifying Project for the following coverages shall be issued by companies admitted to do business in the State of California and -7- N assigned Best's A -VII or better rating: A. Worker's compensation insurance covering all employees and principals of Consultant, per the laws of the State of California. B. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be twice the occurrence limit. C. Commercial auto liability and property insurance covering any owned and rented vehicles of Consultant in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. D. Professional errors and omissions insurance which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000.00). Said policy or policies shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior notice has been given in writing to City. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of Consultant's operation hereunder. 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. Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that Consultant shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of I any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right of subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. 14. PROHIBITION AGAINST TRANSFERS Neither party shall assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of both parties. Any attempt to do so without consent of both parties shall be null and void. 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 co- tenant if Consultant is a partnership orjoint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. 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. The rights and benefits under this agreement are for the sole and exclusive benefit o Client and Consultant and it shall not be construed that any third party has interest in this agreement. 15. OWNERSHIP OF DOCUMENTS Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement shall be the exclusive property of City. Documents, including drawings and specifications, prepared by Consultant pursuant to N this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived as 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. Consultant shall, at such time and in such forms as City may require, furnish reports concerning the status of services required under this Agreement. 16. CONFIDENTIALITY The information, which results from the services in this Agreement, is to be kept confidential unless the release of information is authorized by City. 17. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of his responsibilities under this Agreement, City agrees to provide the following: A. City will provide access to and upon request of Consultant, provide one copy of all existing record information on file at City. Consultant shall be entitled to rely upon the accuracy of data information provided by City or others without independent review or evaluation. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. City staff will provide usable life of facilities criteria and provide information with regards to deficient facilities. -10- �3 18. ADMINISTRATION This Agreement will be administered by the Public Works Department. Bill Patapoff, P.E. shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 19. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit and make transcripts or copies of such records. 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 under this Agreement. 20. WITHHOLDINGS City may withhold payment 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 for a period of thirty (30) days from the date of withholding as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of any amounts found to have been improperly withheld. -11- 14- 21. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with Project. 23. CONFLICTS OF INTEREST A. 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 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. B. 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 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. 24. SUBCONSULTANT AND ASSIGNMENT Except as specifically authorized under this Agreement, the services included in this Agreement shall not be assigned, transferred, contracted or subcontracted without prior written approval of City. -12- 1'i 25. NOTICES All notices, demands, requests or approvals to be given under 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Mr. Bill Patapoff, City Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 (949) 644 -3311 Fax (949) 644 -3318 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attention: Mr. Omar Dandashi, P.E. Hams & Associates 34 Executive Park, Suite 150 Irvine, CA 92614 -4705 949 - 655 -3900 949 - 655 -3995 26. TERMINATION In the event either part hereto fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, 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) days, or if more than two (2) days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) days after receipt by defaulting party from the other party of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the nondefaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 26.1 Gity Either party shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as -13- ,C, provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of compensation specified in this Agreement that is earned and paid prior to the effective date of termination. 27. COMPLIANCES Consultant shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 28. 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. 29. 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 hereon. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 30. PATENT INDEMNITY Consultant shall indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's submittals provided under this Agreement. SEE I1 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Robin Clauson Assistant City Attorney ATTEST: By: LaVonne Harkless City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor Tod W. Ridgeway City of Newport Beach HARRIS & ASSOCIATES Y . %users\pbwlsharecKagreements %fy 02- 03\hanis & assoc- balboa village phase 2 -draft 9- 24.doc -15- :*:C 11:11 r_1 SCOPE OF SERVICES Balboa Village Phase II 2.2 PRE - CONSTRUCTION PHASE SERVICES 2.2.01 Pre - Construction Conference — HARRIS in conjunction with the CLIENTshall organize, schedule and attend and record the pre - construction conference prior to the start of any field activities. 2.2.02 Establish and Setup Project Field Office— Priorto the start of construction HARRIS will setup a field office in close proximity to the project site. As part of the field office setup HARRIS will establish the project communication, document control and filing systems. As part of project setup HARRIS will establish email system for communication with the CLIENT. 2.3 CONSTRUCTION PHASE SERVICES 2.3.01 On -Site Management & Construction Phase Communication Procedures- HARRIS shall provide and maintain a part-time management team on the Project site to provide contract administration as an agent of the CLIENT, and HARRIS shall establish and implement coordination and communication procedures among CLIENT, HARRIS, Design Professional and Contractor. 2.3.02 Construction Administration Procedures - HARRIS shall establish and implement procedures for reviewing and processing request for clarifications and interpretations of the Contract Documents; shop drawings, samples and other submittals; contract schedule adjustments; change order proposals; written proposals for substitutions; payment applications; and the maintenance of logs. As the CLIENT's representative at the construction site, HARRIS shall be the party to whom all such information shall be submitted. 2.3.03 Review of Requests for Information, Shop Drawings, Samples & Other Submittals HARRIS shall review the Contractors' requests for information, shop drawings, samples and other submittals to determine the anticipated effect on compliance with the Project requirements and the Project and Construction Budget. HARRIS shall forward to the Design Professional for review the request for clarification or interpretation, shop drawing, sample, or other submittal, along with HARRIS' comments. HARRIS' comments shall not relate to design considerations, but ratherto matters of constructability, cost, sequencing, scheduling and time of construction, and clarity, consistency, and coordination in documentation. HARRIS shall receive from the Design Professional, and transmitto the Contractor, all information so received from the Design Professional. 2.3.04 Change Order Preparation, Negotiation and Processing - Establish, implement and coordinate systems for processing all contract change orders. Prepare independent cost estimate for all contract change orders. Negotiate all contract change orders with the Contractor. Prepare contract change order document for execution by Contractor and CLIENT. 1CA 2.3.05 Change Order Report s - HARRIS shall periodically prepare and distribute Change Order Reports during the Contraction Phase. The Report shall list all CLIENT = approved change orders by number, a brief description of the change order work, the cost established in the change order and percent of completion of the change order work. 2.3.06 Minor Variations in the Work - HARRIS may authorize minor variations in the Work from the requirements of the contract Documents that do not involve an adjustment in the contract price or the contract time and which are consistent with the overall intent of the Contract Documents. CLIENT shall provide to the Design Professional copies of such authorizations. 2.3.07 Contractor's Construction Schedule - HARRIS shall review each Contractor's Construction Schedule and shall verify that the schedule is prepared in accordance with the requirements of the Contract Documents and that it establishes completion dates that comply with the requirements of the Contract. 2.3.08 Progress Payments - HARRIS shall review the payment applications submitted by each Contractor and determine whether the amount requested reflects the progress of the Contractor's work. HARRIS shall make appropriate adjustments to each payment application and shall prepare and forward to the CLIENT a Progress Payment Report. The Report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. 2.3.09 Quality Review - HARRIS shall establish and implementa program to monitorthe quality of the construction. The purpose of the program shall be to assist in guarding the CLIENT against defects and deficiency in the Work of the Contractors. HARRIS shall reject Work and transmit to the CLIENT and Contractor a notice of nonconforming Work when it is the opinion of HARRIS, CLIENT or Design Professional that the Work does not conform to the requirements of the Contract Documents. Except for minor variations, HARRIS is not authorized to change, revoke, alter, enlarge, relax or release any requirements of the Contract Documents or to approve or accept any portion of the work not performed in accordance with the Contract Documents. Communication between HARRIS and Contractor with regard to Quality Review shall not in any way be construed as binding CLIENT or HARRIS as releasing the Contractor from the fulfillment of any of the terms of his Contract Documents. HARRIS will not be responsible for, nor does HARRIS control, the means, methods, techniques, sequences and procedures of construction for the Project. It is understood that HARRIS' action in providing Quality Review as stated herein is a service to the CLIENT and by performing as provided herein, HARRIS is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the construction work for the Project. No action taken by HARRIS shall relieve any or all of the Contractors from their obligation to perform their work in strict conformity with the Contract Documents and in strict conformity with all other applicable laws, rules and regulations. 2.3.10 Photographs and Videos - Provide videotape and photographic documentation of project - site prior to and during construction. 2.3.11 Review "As- Built" Drawings - Review set of contract documents maintained by the Contractor with up -to -date information regarding all addendum, substitutions, clarifications and change orders and confirm information is maintained completely and currently. Q 2.3.12 Subsurface & Physical Conditions - Whenever the Contractor notifies HARRIS that a surface or subsurface condition at or contiguous to the site is encountered that differs from what the Contractor is entitled to rely upon or from what is indicated or referred to in the Contract Documents, orthat may require a change in the Contract Documents, HARRIS shall notify the Design Professional. HARRIS shall receive from the Design Professional and transmit to the Contractor all information necessary to reflect any design changes required to be responsive to the differing or changed condition and, if necessary, shall prepare a change order. 2.3.13 Field Inspection - Provide part-time detailed field inspection services to verify compliance with the contract documents. 2.3.14 Field Testing - Test installed materials to verify compliance with contract documents. 2.3.15 Laboratory Testing - Utilizing laboratory methods, test construction materials to verify compliance with contract documents. 2.3.16 Quality Control Surveying - Provide as needed quality control surveys to verify lines and grades with contract documents. 2.3.17 Contractor's Safety Program - CLIENT shall require each Contractor that will perform Work at the site to prepare and submit to HARRIS for general review a safety program, as required by the Contact Documents. HARRIS shall not be responsible for any Contractor's implementation of or compliance with its safety programs or for initiating, maintaining, monitoring or supervising the implementation of such programs or the procedures and precautions associated therewith, or for the coordination of any of the above with the other prime Contractors performing the work at the site. HARRIS shall not be responsible for the adequacy or completeness of any Contractor's safety programs, procedures or precautions. HARRIS shall notify Contractor of safety problems. HARRIS shall direct Contractor to suspend work if imminent hazard is not immediately remedied or a dangerous condition persists. 2.3.18 Traffic Control and Public Safety — HARRIS shall monitor all traffic control and public safety plans for compliance with the plan approved by the CLIENT. Assist the CLIENT in the review of detour, lane closures, temporary access, signing, delineation and traffic control plans. Report deficiencies to contractor. 2.4 OVERTIME FIELD SERVICES 2.4.01 Overtime Field Inspection - HARRIS shall provide overtime field inspection services as authorized. 2.4.02 Overtime Field Testing - HARRIS shall provide overtime field testing services as authorized. 2( 2.4.03 Overtime Laboratory Testing - HARRIS shall provide overtime laboratory testing services as authorized. 2.4.04 Overtime Surveying - HARRIS shall provide overtime surveying services as needed. 2.5 FINAL ACCEPTANCE /CLOSEOUT SERVICES 2.5.01 Final Inspection and Punchlist - HARRIS shall provide final inspection and prepare list of project construction deficiencies for resolution by Contractor. 2.5.02 Construction Approval /Acceptance -HARRIS shall make recommendations to CLIENT regarding final project approval and acceptance. 2.5.03 Final Payment -HARRIS shall make recommendations to CLIENT regarding Contractor's final progress payment request. Prepare final progress payment report for submission to CLIENT. 2.5.04 Project Closeout - HARRIS shall prepare documentation needed for project closeout. Deliver all project documentation to CLIENT. 2.5.05 Final Report - HARRIS shall provide CLIENT with a project final report that includes the following: A financial summary of the construction contracts, change orders, engineering services, project management services and direct purchase items. • summary of project change orders. • construction summary and schedule review. • summary of final acceptance. • review and report on the general contractor, subcontractors and major equipment suppliers. SCOPE OF SERVICES Other Capital Improvement Projects 2.3 CONSTRUCTION PHASE SERVICES 2.3.01 Progress Payments - HARRIS shall review the payment applications submitted by each Contractor and determine whether the amount requested reflects the progress of the Contractor's work. HARRIS shall make appropriate adjustments to each payment application and shall forward to the CLIENT the Progress Payment request. 2.3.02 Quality Review - HARRIS shall establish and implement a program to monitor the quality of the construction. The purpose of the program shall be to assist in guarding the CLIENT against defects and deficiency in the Work of the Contractors. HARRIS shall reject Work and transmit to the CLIENT and Contractor a notice of nonconforming Workwhen it is the 22 opinion of HARRIS, CLIENT or Design Professional that the Work does not conform to the requirements of the Contract Documents. Except for minor variations, HARRIS is not authorized to change, revoke, alter, enlarge, relax or release any requirements of the Contract Documents or to approve or accept any portion of the work not performed in accordance with the Contract Documents. Communication between HARRIS and Contractor with regard to Quality Review shall not in any way be construed as binding CLIENT or HARRIS as releasing the Contractorfrom the fulfillment of any of the terms of his Contract Documents. HARRIS will not be responsible for, nor does HARRIS control, the means, methods, techniques, sequences and procedures of construction for the Project. It is understood that HARRIS' action in providing Quality Review as stated herein is a service to the CLIENT and by performing as provided herein, HARRIS is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the construction work for the Project. No action taken by HARRIS shall relieve any or all of the Contractors from their obligation to perform their work in strict conformity with the Contract Documents and in strict conformity with all other applicable laws, rules and regulations. 2.3.03 Subsurface & Physical Conditions - Whenever the Contractor notifies HARRIS that a surface orsubsurface condition at or contiguous to the site is encountered that differs from what the Contractor is entitled to rely upon or from what is indicated or referred to in the Contract Documents, or that may require a change in the Contract Documents, HARRIS shall notify the Design Professional. HARRIS shall receive from the Design Professional and transmit to the Contractor all information necessary to reflect any design changes required to be responsive to the differing or changed condition and, if necessary, shall prepare a change order. 2.3.04 Field Inspection - Provide part-time detailed field inspection services to verify compliance with the contract documents. Provide daily report to CLIENT. 2.3.05 Contractor's Safety Program - CLIENT shall require each Contractor that will perform Work atthe site to prepare and submit to HARRIS for general review a safety program, as required by the Contact Documents. HARRIS shall not be responsible for any Contractor's implementation of or compliance with its safety programs or for initiating, maintaining, monitoring or supervising the implementation of such programs or the procedures and precautions associated therewith, or for the coordination of any of the above with the other prime Contractors performing the work at the site. HARRIS shall not be responsible for the adequacy or completeness of any Contractor's safety programs, procedures or precautions. HARRIS shall notify Contractor of safety problems. HARRIS shall direct Contractor to suspend work if imminent hazard is not immediately remedied or a dangerous condition persists. 2.3.06 Traffic Control and Public Safety — HARRIS shall monitor all traffic control and public safety plans for compliance with the plan approved by the CLIENT. Assist the CLIENT in the review of detour, lane closures, temporary access, signing, delineation and traffic control plans. Report deficiencies to contractor. F .,\USERS\PBMShared\Agmements\FY 02- 03\Harris Scope of work.doc ;R$ EXHIBIT B Project Fee (part-time services) Newport Beach Balboa Village Phase II revised 912UW Harris &Associates Full Time Hours Assumptions: Holidays: 022EPg2. 11NOV02.21NOV02.22NOV02. 25DECO2. 01JAN03.23MAY03, 04JUL02 Constmction cost is saturated at $2.5 million. Construction durallon estimated a1206 180 working days, with award in AagumSeptember 2oo2 and NTP on September &30, 2002. Assumes Construction Manager 40% commitment to project (approximately 16 hours per 40 hour week) Construction Managers mmmibnent to be 2 - 8 hour days per week Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day) Assumes City will provide a minimum of 2 hours/day additional project inspection duties via separate contract Minimum 2 IoursMay additional wAt be compensated at hourly rate stipulated in this proposal Overtime. Rain. Holidays, and potential time extensions may result in additional Conn aion Management Services. This cost estimate provides an estimate of the cost of the PART TIME construction management services based upon an assumed schedule of construction that may differ from the actual schedule. to this estimate may be required. Specs Scope and Tasks to be performed will attached to the contract. The Professional Services Contract shall include a provision giving Harris the right to Terminate the Agreement at its convenience. At the end of the second month of construction and each susequent month Harris will evaluate the level of effort required vs this estimated budget and meet with the City Material Testing and Survey cast estimates are subject to adjustment when the final scope ofcoustruction is determined. Other Capital Improvement Projects reused 9/20102 2002 002 203 AuqjSpIOd1NovJDec Se O N I Feb AV Are I Mavi Jun Jul Task 1 - Pra{onstruction Task 2 - Construction Task 3 •Pro ecl Close Om Staffing Plan 20M 2003 ProjecTatas Staffing Plan 2002 1 200 1 P 'ed Totes Oct Utilization % Hourly Au Up Oct Nov Dec Jan Feb MarlApr Ma Jun Jul I Tolel Pr act Director 170.00 Pm)ect Director 1 1 0 1 0.00 ComWCtim Mana er 152.00 0 0.00 Construction Manaer 0 0 0 0 74 58 64 70 64 67 70 67 40 100.00 574 8]308.80 Assistant ConstuNon Mare er 0 0 0 0 0 0 0 0 0 0 0 0 105.00 0 0.00 Construction In ctor 81 90 99 0 104 81 90 99 90 94.5 09 94.5 20 65.00 771.5 8t 007.0 Contract Administration l Labor dame 0 0.00 Public R¢latiore 105.00 0.00 Public RelBWrs 4170.W 0 0.00 Matenals Testa : NINYOB MORE 5.000.00 0 0.00 Matera5Testi= NINYOB MOORE 0.00 SUrm : COAST SURVEYING 5.000.00 5000.00 Surve: COAST SURVEYING 0.00 5.000.00 Total 0 0 Total tit 90 99 0 177 139 154 169 154 162 169 162 60 0 $178316.30 3.16% 7.13% Full Time Hours Assumptions: Holidays: 022EPg2. 11NOV02.21NOV02.22NOV02. 25DECO2. 01JAN03.23MAY03, 04JUL02 Constmction cost is saturated at $2.5 million. Construction durallon estimated a1206 180 working days, with award in AagumSeptember 2oo2 and NTP on September &30, 2002. Assumes Construction Manager 40% commitment to project (approximately 16 hours per 40 hour week) Construction Managers mmmibnent to be 2 - 8 hour days per week Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day) Assumes City will provide a minimum of 2 hours/day additional project inspection duties via separate contract Minimum 2 IoursMay additional wAt be compensated at hourly rate stipulated in this proposal Overtime. Rain. Holidays, and potential time extensions may result in additional Conn aion Management Services. This cost estimate provides an estimate of the cost of the PART TIME construction management services based upon an assumed schedule of construction that may differ from the actual schedule. to this estimate may be required. Specs Scope and Tasks to be performed will attached to the contract. The Professional Services Contract shall include a provision giving Harris the right to Terminate the Agreement at its convenience. At the end of the second month of construction and each susequent month Harris will evaluate the level of effort required vs this estimated budget and meet with the City Material Testing and Survey cast estimates are subject to adjustment when the final scope ofcoustruction is determined. Other Capital Improvement Projects reused 9/20102 2002 2003 AuqjSpIOd1NovJDec Jan I Feb Mar AV May Jun Jul Task 1 - lmotonstructiun Task 2 - Construction Task 3 -Pro' ol Close OUt Staffing Plan 20M 2003 ProjecTatas utlllzation % Hourly Rate Aug Sap Oct I Novi Dec Jan Feb Mar Apr Mayl Jun Jul I Torre Pr act Director 170.00 1 1 1 0 1 0.00 ComWCtim Mana er 152.00 0 0 0 0 0 0 0 0 0 0 0 0 0.00 Assistant Coretruction Manager 100.00 0 0 0 0 0 0 0 0 0 0 0.00 Construction inspector 105.00 0 104 81 90 99 90 94.5 99 94.5 751.5 78.907.50 Contract Administration /LaborCm lance 65.00 0 0.00 Public R¢latiore 105.00 0 0.00 Matenals Testa : NINYOB MORE 5.000.00 0.00 SUrm : COAST SURVEYING 5.000.00 0.00 Total 0 0 104 tit 90 99 90 94.5 99 94.5 0 0 $78.907.0 3.16% Full Time tours Assumptions: Hullday5:02SEP02. 11NOV02 .21NOV02.22NOV02,25DEC22, 01JAN03.23MAY03. 04JUL02 ConsWction cost is estimated at $2.5 million. Construction duration estimated at 100 working days Assumes contract administration by City Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day) OveMme. Rein, Holidays. and potential time extensions may result in additional Construction Management Services. This cost estimate provides an estimate of ibe cost of the PART TIME construction inspector. to this estimate may be required. Specific Scope and Tasks are provided in Exhibit A Total Fee: $257.223.80 A4