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HomeMy WebLinkAbout09 - Construction Management• CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 April 11, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Robert Gunther 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH WEC CORPORATION RECOMMENDATIONS: 1. Approve a Professional Services Agreement with WEC Corporation of Placentia, California for construction management and inspection services at a contract • price not to exceed $45,000 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a Budget Amendment transferring $45,000 from salary savings in the Engineering Division (5100 -7000) and transfer the funds to Engineering Division Services Professional and Technical Account 5100 -8080. DISCUSSION: The current construction workload is peaking and includes time - sensitive projects that require completion before summer and also projects that need to be completed during the summer. Although a new Public Works Inspector was recently hired in the last month, it will take 3 to 6 months for that staff member to take on more projects and relieve the work load. Also, a highly experienced Senior Public Works Inspector has just retired leaving a significant void in the organization. Public Works will not be able to keep up with the spring and summer workload with the current staffing. Outside assistance will be required until the spring and summer jobs are finished, the recruitment for the retired inspector's replacement is completed, and the new inspector has had some time for training. Accordingly, staff recently requested proposals and conducted interviews with firms that could supply personnel to assist with construction management and inspection services. • Four firms were invited to interview and to submit proposals to provide construction management and inspection services, including Project Partners, Landworks Development Services, Willdan, and WEC Corporation. Construction Management and Inspection Services — Approval of Professional Services Agreement with WEC Corporation April 11, 2006 Page 2 The proposals and interviews were independently reviewed to evaluate each firm's • qualifications, past experience on similar projects, and availability. WEC ranked the highest of the firms considered. Upon selection, staff negotiated with WEC to provide the necessary scope of services for a fee not to exceed $45,000. WEC has completed construction management services competently and professionally on similar projects for other local agencies in Southern California, including the City of Fullerton. The scope of professional services will include: A. Construction Management and Inspection on the Fire Station 6 and Police Station Modification project. Work will consist of coordination of submittals and RFI's (requests for information), logs of submittals, RFI's and Change Order requests and approvals; preparation of progress payments; coordination and correspondence between architect, police department, building department and public works, and all other coordination necessary. It is recommended that the construction manager /inspector be retained part -time on this project, not to exceed 24 hours per week for up to three months. B. Inspection of various roadway rehabilitation projects particularly the West Newport Streets and Alleys project to be completed by summer 2006. This inspector would also assist on other time - sensitive projects that require completion prior to the start of summer, such as Balboa Village Phase 3 and Gas Mitigation, Bay Avenue - Lindo Street Pavement and Drainage project, and Newport Shores Paving. The inspector will assist with daily inspections on encroachment permits and the start • of the summer construction projects. It is recommended that the inspector be retained on a full -time basis for these projects for up to three months. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds are available in the following account(s) for the project: Account Description Account Number Amount Salaries 5100 -7000 $45,000 Total: $45,000 Environmental Review: Not applicable at this time. Prepared by: Submitted by: R. 0 unther, P. E. Stephen G. Badum Construction Engineer Public Works Director Attachment: Professional Services Agreement • PROFESSIONAL SERVICES AGREEMENT WITH WEC CORPORATION • FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES THIS AGREEMENT is made and entered into as of this i day of 2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and WEC Corporation, a corporation, whose address is 27 Strathmore, Ladera Ranch, California, 92694 ( "Consultant "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning numerous projects to be under construction this spring and into summer. These projects include renovations to a Fire Station and part of the main Police Station Department Building as well as many paving, drainage, and utility projects. The major projects of this type are West Newport- Seashore Drive, Balboa Village Phase 3 and Gas Mitigation, Bay Avenue /Lindo Street, Newport Shores, Irvine Terrace Water Valves, Big Canyon Watermain, Balboa • Island Bayfront, Newport Boulevard Bioswale, Sidewalk Curb & Gutter Program, East PCH Uplighting, Jamboree Road Rehabilitation, and Assessment District work. C. City desires to engage Consultant to provide a construction manager /inspector and a construction inspector services. The construction manager /inspector is to manage and inspect the Fire and Police Station renovation project part-time. Work would include coordination of submittals, RFI's, logs, and coordination with Police, Architect, Public Works, and Building Department. The construction inspector would inspect paving, drainage, and utility projects and assist with other projects on a part-time basis. ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Scott Walker. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. • NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM • The term of this Agreement shall commence on the above written date, and shall terminate on the 30 day of December, 2006, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed • basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Forty Five Thousand and no /100 ($45,000) without additional authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: • 2 A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this • Agreement, which have been approved in advance by City and awarded in accordance with 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. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable • times during the Agreement term. Consultant has designated Scott Walker to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit B or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Robert Gunther shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES • In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 3 A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's • work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with 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. 8.2 Consultant represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever • nature that are legally required of Consultant to practice its profession. Consultant further represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor "), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are • and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the In work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design • Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may negligently arise from or in any manner relate (directly or indirectly) to any work negligently performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Consultant]) or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). is Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to • exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 1.7 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated • Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during • the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City's at all times during the term of this Agreement. B. Signature. A person authorized by'the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. • R D. Coverage Requirements. • i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days prior to such change (10 day written notice for nonpayment of premium). The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coveraqe. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed • under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain 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). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with • respect to liability arising out of work performed by or on behalf of the Consultant. 7 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising • directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days written notice has been received by City (10 day written notice for nonpayment of premium). • F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. • E. 16. SUBCONTRACTING • The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to • Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file of City Title Sheets. All written documents shall be • transmitted to City in the City's latest adopted version of Microsoft Word and Excel. .0 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and • communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 22. 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 and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts • found to have been improperly withheld. 10 24. 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 what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 26. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. • Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. • 27. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Consultant 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: Attn: Robert Gunther Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949- 644 -3325 Fax: 949 - 644 -3318 11 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Scott D. Walker WEC Corporation 27 Strathmore Ladera Ranch, CA 92694 Phone: 949 - 388 -0630 Cell: 714- 875 -4714 Fax: 949 - 388 -0630 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 7 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving • seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30. 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. 12 31. INTEGRATED CONTRACT • This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 32. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. • 35. CONTROLLING LAW AND VENUE • The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By:_ Aaron C. Harp Assistant City Attorney ATTEST: Bv: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, • A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: • Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:\users\pbw \shared \agreements\fy 05- 06 \wec- construction management and inspection sewices.doc E wi • \ P, 7J ' , c, Exhibit A Subject: Construction Management and Construction Services Scope of Work A. Background Kelli Tunnicliff, P.E. The City of Newport Beach will find that Mrs. Tunnicliff has extensive experience on a variety of public works projects, and an in depth understanding of roadway, structures, dry and wet utility, traffic signal, landscape and irrigation construction work. In addition, Mrs. Tunnicliff is intimately familiar with the requirements of the Caltrans Local Assistance Manual and the Caltrans Construction Manual, including the Caltrans filing system, and is able to provide management and inspection services for State and Federally funded projects. She has just completed the Supplemental Rail Safety Measures Project and the Kraemer Blvd. Rehabilitation Project for the City of Placentia and is available to begin work on Monday March 20, 2006. Mrs. Tunnicliff is a proactive team member that is driven by client satisfaction. She provides a cost - conscious approach to her work combined with strong technical expertise and excellent communication skills to ensure each project is a success. • Sam Ruffner Mr. Ruffner offers the City of Newport Beach over 20 years of construction inspection experience in mass grading, precise grading, residential/commercial development projects, highway and bridge construction, underground utility inspection including domestic water line, gravity and force main sewer systems, storm drain systems, sewer lift stations, storm drain pumping plants, traffic signal and electrical system installation. Mr. Ruffner also has extensive experience in soils and materials testing and has performed lab tests including maximum density, sieve analysis, atterberg limits, moisture density tests and compression/tension testing of various materials. • B. Scope of Work Construction Manager/Inspector — for Police Station Modifications Project • Coordinate work of contractor with police department, architect, public works and building department. • Receive, coordinate and track submittals, RFI's and change order requests. • Prepare weekly job meeting agenda, run meeting, and prepare meeting minutes. • Process monthly progress payments and change orders. • Inspect work of contractor for compliance with plans and specs, (Building department will perform required building inspections) 27 Strathmore, Ladera Ranch, CA 92694 Ph /Fax: (949) 388 -0630 Imes B. Scope of Work Continued Construction Inspector - for W. Newport/Seashore Dr Street Rehab & Other Projects. • Inspect all aspects of construction of asphalt roadway, sidewalk, and curb and gutter construction. • Perform necessary field testing and arrange for testing firms for compaction and other field and materials tests. • Keep daily reports of work and workforce on site. • Track quantities and changes to use in contractor pay requests. • Provide assistance with inspection of Balboa Village Phase 3 & Gas Mitigation, Bay Av/Lindo St Paving and Drainage, and Newport Shores Paving • Inspect encroachment permit work • Provide inspection assistance on other projects as needed. C. Schedule of Work Consultant to provide services for both positions on a part -time basis as needed, not to exceed the contract amount. 27 Strathmore, Ladera Ranch, CA 92694 Ph /Fax: (949) 388 -0630 9 • • 0 is • c tion Exhibit B FEESCHEDULE At this time WEC Corporation is providing current rates for personnel immediately available for this assignment as follows: DESCRIPTION RATE Construction Manager /Sr. Construction Inspector $95.00 / hr Kelli Tunnicliff, P.E. Construction Inspector $86.00 / hr Sam Ruffner Resident Engineer $ 115.00 / hr Scott D. Walker, P.E. All rates include vehicles, cell phones, computers and required safety and inspection equipment to fully perform the management and inspection duties required for this assignment. 27 Strathmore, Ladera Ranch, CA 92694 Ph /Fax: (949) 388 -0630 City of Newport Beach BUDGET AMENDMENT 2005 -06 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates PX Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 06BA -059 AMOUNT: $45,000.00 Increase in Budgetary Fund Balance • Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance To transfer salary savings to provide for construction and management and inspection services performed by WEC ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE EST /MATES (3601) • Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 5100 Public Works - Engineering Account Number 7000 Salaries - Miscellaneous $45,000.00 Division Number 5100 Public Works - Engineering Account Number 8080 Services - Professional & Technical $45,000.00 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: Financial Approval: Admini rative Services Director Date Signed: �G • Administrative A proval: City Manager D e Signed: City Council Approval: City Clerk Date