HomeMy WebLinkAbout34 - City Hall & Park Master Plan Project - Project ManagementCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
S-34
Agenda Item No.
January 13, 2009
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen Badum
sbadumacity. newport- beach.ca.us
949 -644 -3311
SUBJECT: CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF
PROFESSIONAL SERVICES AGREEMENT WITH CW DRIVER FOR
PROGRAM MANAGEMENT SERVICES
RECOMMENDATIONS:
Approve a Professional Services Agreement with CW Driver, of Irvine, California, for Pre -
Design Phase 1 program management services at a contract price of $233,660 and
authorize the Mayor and the City Clerk to execute the Agreement.
DISCUSSION:
Pre - Design Phase 1
The level of complexity and importance of the City Hall and Park Project requires
dedicated program management and specialized expertise. With the current demands
on staff associated with the City's aggressive capital improvement program, it was
determined that hiring contract professional services to provide management of the City
Hall and Park Project would be the most appropriate action. To that end, staff solicited
requests for qualifications (RFQ) from program management firms and received 24
responses. The City staff selection committee reviewed and ranked each RFQ and
established a list of seven finalists as follows:
Barnhart, Inc, (Heery Intl.),
C.W. Driver
Gafcon, Inc.
Griffin Structures, Inc.
Pinnacle One (Arcadis Co.)
Traker Development
Voit Development
The seven finalists were interviewed by the City Building Committee and C.W. Driver
was selected as the best qualified firm to provide program management services.
City Hall and Park Master Plan — Approval of Professional Services Agreement with C W. Driver
January 13, 2009
Page 2
In general, the proposed work scope includes managing all aspects of the project
design and construction with special attention to schedule, cost and quality. C.W.
Driver will perform as an extension of staff reporting to the Public Works Director. The
work performed by C.W. Driver will occur in three phases with only Phase I work being
covered by this contract.
Phase I — Pre - Design Management Services
Phase 1 includes pre- design program management and coordination services through
the start of the design phase of the Project. Such services include:
• Provide staff support, as required, to the City's Building Committee and City Hall
Design Committee, concept development, public outreach, and general
communications.
• Review, update and confirm with City Staff and the City's Building Committee
existing City program information including the most current needs assessment.
• Review and understand the existing City Council adopted design guidelines,
design parameters, codes, and requirements affecting this project.
• Coordinate and manage the activities of the City's design team including
geotechnical, traffic, and EIR, and other related consultants.
• Assist the City in developing a Program Budget including all project cost such as
usual and customary consultant/permit /fees soft cost, building construction,
onsite and offsite mitigation cost, other indirect cost, outfitting with furniture and
equipment, moving cost, financing cost, and any other cost that can be
anticipated to be incurred in a public project of this scope and function.
Phase II - Design Management Services
Phase II involves pre- construction management and administration services, including
design management and coordination services for the project from conceptual design,
schematic design, design development, and the production of construction documents
through the issuance of a building permit. The Program Manager (PM) and its team will
review and coordinate all design work on behalf of the City. Work scope in this phase
includes:
Coordinate and manage the City's design team in its delivery of Architectural and
Engineering (A &E) services, including all required specialty consultants such as
geotechnical, traffic, noise and civil engineering design with special emphasis
placed on the following activities:
• Addressing functional needs for the City Hall, Park and Parking Facility as
defined in the City's project program.
• Addressing the neighborhood context.
• Coordinate all aspects of on -site improvements, all required off -site
improvements, all on -site and off -site utilities, and any other applicable
improvements.
• Addressing the principles of sustainability during the design process as
may be directed by the City.
• Incorporation of depletable resource conservation, LEED, and operational
efficiencies as requested by the City.
City Hall and Park Master Plan — Approval of Professional Services Agreement with C W. Driver
January 13, 2009
Page 3
o Addressing the importance of design, drawing and specification all
complying with applicable local and State codes and design standards.
• Coordinate the City's CEQA compliance and environmental approval process,
and integrate into the project.
• Develop budgets and or cost estimates at each phase of the design process and
recommend design modifications as necessary utilizing Value Engineering
principles to seek to keep at or below the construction budget established for the
Project.
• Provide periodic design and constructability reviews.
• Provide construction logistic studies including evaluating potential locations for
construction trailers, layout area, material storage, construction staff parking and
other required areas to facilitate construction within the Project site and
identification of additional off -site locations if required.
• Develop and maintain overall Project schedules and manage the Project to
ensure that timeframes for deliverables and processes prior to construction are
met.
• Provide a quality check on the final construction document and specifications.
• Manage appropriate furniture, fixture and equipment bidding /procurement and
installation.
• Prepare a Storm Water Pollution Prevention Plan (SWPPP), file a Notice of
Intent (NOI) with the State Water Resources Control Board, and secure a Waste
Discharger Identification (WDID) number.
• Assure incorporation (and respond to) all Building Official and other permitting
agency comments as appropriate, and facilitate the permitting process.
• Secure City issued building permits and all other jurisdictional permits required to
construct the Project.
Phase III — Construction Management Services
Phase III includes comprehensive Construction Management services during
construction and post- construction phases of the project including the installation of
furnishings, fixtures, and equipment (FF &E) and coordination of move -in. Work scope
in this phase includes:
• Managing the public bidding and award process in full compliance with the Calif.
Public Contract Code.
• Providing full and complete construction administration, coordination and
construction observation services during and following construction, including
but not limited to the following:
Onsite administration and management
❖ Coordination of all Project consultants under direct contract to the City
Project and construction cost management
❖ Quality assurance, inspection, and quality control
Coordinate with the City's Building Inspectors
❖ Dispute resolution
4• Submittal coordination
4• Management of Requests for Information (RFI)
❖ Change order review and negotiations
City Hall and Park Master Plan — Approval of Professional Services Agreement with C W. Driver
January 13, 2009
Page 4
Manage construction materials testing, and specialty inspection services
Provide schedule analysis and continuous updates
❖ Manage project close -out, including assuring the A &E team provides
complete record (As- Built) drawings
❖ Construction punch -list management and completion
❖ Manage substantial and final completion processes, and project acceptance.
❖ Compile program warranties
❖ Deliver operations and maintenance manuals
❖ Coordinate the installation of FF &E and move in activities
❖ Manage final payment and project closeout for all consultants and contractors
under direct contract with the City
Coordinate warranty work for a period of up to one year
At this time, Staff recommends the proposed contract include only Pre - Design Phase I.
Upon successful completion of Phase I, staff will negotiate an amendment to this
contract to continue with Phase II, Design Management Services, of the project. Prior to
the beginning of Phase III, Construction Management Services, with the goal of
determining the most economically and efficient way to proceed with the construction of
the Project addressing Project budget, schedule and control, the City and the PM will
determine whether the construction of the Project shall be contracted under a
Construction Management at Risk or General Contractor Agreement. The PM
agreement will therefore by augmented or adjusted accordingly to incorporate the
agreed upon method of construction.
The proposed fee for program management services for Phase I, Pre - Design /Concept,
is $223,600 with a $10,000 allowance for reimbursables for a total cost not to exceed
$233,600 on a time and materials basis per the attached proposal and hourly rates.
Environmental Review
Architectural and Engineering services are not projects as defined in the California
Environmental Quality Act (CEQA) Implementing Guidelines. Staff is currently
conducting a selection process to retain and EIR consultant who will prepare
environmental documentation for the project.
Fundino Availabilit
There are sufficient funds available in the following account
Account Description Account Number Amount
City Hall and Park Design 7410- C1002009 $ 233,660
$ 233,660
Submitted
Badum
s Director
Attachment: PSA with CW Driver
PROFESSIONAL SERVICES AGREEMENT WITH
C.W. DRIVER
FOR CITY HALL AND PARK MASTER PLAN PROJECT -
PROGRAM MANAGEMENT SERVICES
THIS AGREEMENT is made and entered into as of this 13th day of January, 2009, by
and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and
C.W. DRIVER, a California Corporation, whose address is 15615 Alton Parkway, Suite
150, Irvine CA 92618 ( "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 to design and construct the new City Hall and Park Master Plan
Project.
C. City desires to engage Consultant to manage design and construction of
the new City Hall and Park Master Plan Project ( "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 John
Thornton, Vice President.
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 31st day of May, 2009 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
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due
to causes beyond Consultant's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 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 that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
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 (up to $10,000.00) and
subconsultant fees, shall not exceed Two Hundred Thirty -Three Thousand,
Six Hundred and Sixty Dollars and no /100 ($233,660.00) without prior written
authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
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 writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
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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 William Hahn to
be its Project Manager. Consultant shall not remove or ,reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
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.
If Consultant is performing inspection or construction management services for
City, the Project Manager and any other assigned staff shall be equipped with a
cellular phone to communicate with City staff. Consultant's cellular phone
number will be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department.
Stephen G. Badum, Public Works Director, 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.
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7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
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. By delivery of completed
work, Consultant certifies that the work conforms to the requirements of
this Agreement and all applicable federal, state and local laws and the
professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 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,
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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
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,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses
(including, without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever (individually, a Claim; collectively, "Claims'),
which may arise from or in any manner relate (directly or indirectly) to any breach
of the terms and conditions of this Agreement, any work performed or services
provided under this Agreement including, without limitation, defects in
workmanship or materials 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).
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
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exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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 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.
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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 (10 calendar days written notice of non-
payment of premium) prior to such change. 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 Coverage. 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 ten million dollars ($10,000,000).
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.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
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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 (10 calendar days written
notice of non - payment of premium) written notice has been
received by City.
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.
16. SUBCONTRACTING
City and Consultant agree that subconsultants may be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
perform work on this Project are identified in Exhibit A. Consultant shall be fully
responsible to City for all acts and omissions of the subcontractor. Nothing in
this Agreement shall create any contractual relationship between City and
subcontractor nor shall it create any obligation on the part of City to pay or to see
to the payment of any monies due to any such subcontractor other than as
otherwise required by law. The City is an intended beneficiary of any work
performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and the City. Except as specifically authorized
herein, the services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written
approval of City.
17. OWNERSHIP OF DOCUMENTS
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
All written documents shall be transmitted to City in the City's latest adopted
version of Microsoft Word, Adobe, and Excel.
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
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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. 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.
22. 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.
23. 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 the law or any other sections of this
Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
25. 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
10
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.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Stephen Badum, Public Works Director
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3311
Fax: 949 - 644 -3318
All notices, demands, requests or approvals. from CITY to Consultant shall be
addressed to Consultant at:
Attention: John Thornton, Vice President
C.W. Driver
15615 Alton Parkway, Suite 150
Irvine CA, 92618
Phone: 949 - 261 -5100
Fax: 949 - 261 -5167
27. TERMINATION AND DISPUTE RESOLUTION
27.1 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, and thereafter diligently take steps to cure the default,
11
more than two (2) calendar days are reasonably required to cure the
default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of
default, specifying the nature of such default and the steps necessary to
cure such default, and thereafter diligently take steps to cure the default,
the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
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.
27.2 STEPPED DISPUTE RESOLUTION
In the event of a dispute arising out of or relating to this Agreement or the
services to be rendered hereunder, besides a default as set forth in
Section 27.1, the City and the Consultant agree to attempt to resolve such
disputes in the following manner:
First, the parties agree to attempt to resolve such disputes through direct
negotiations between the appropriate representatives of each party within
ten (10) calendar days of being notified of the dispute.
Second, if such negotiations are not fully successful, the parties agree to
attempt to resolve any remaining disputes by formal nonbinding mediation
conducted in accordance with rules and procedures to be agreed upon by
the parties within thirty (30) calendar days after the failure to resolve the
dispute by direct negotiation.
All parties agree that Consultant shall be required to submit a Tort Claim
in conformance with the Tort Claims Act (Government Code Section 900
et seq) and that this Section does not alter the Tort Claims Act
requirements or toll any time limitations or statute of limitations set forth in
the Tort Claims Act.
28. 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.
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of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. 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.
31. 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.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
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.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPR VEDAS TO FORM:
C y Aktorney
for the City of Newport Beach
ATTEST:
0
Leilani Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
EM
Mayor
for the City of Newport Beach
CONSULTANT:
M
(Corporate Officer)
Print Name:
0
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
14
EXHIBIT A
G.W. Driver
BUILDERS SINCE 1919
January 7, 2009
Mr. Steve G. Badum
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Re: City Hall Master Planned Facility
Program Management Services Fee Proposal
Dear Steve:
15615 Alton Parkway
Suite 150
Irvine, CA 92618
Fax 949.261.5167
Telephone 949.261.5100
C. W. Driver is please to submit our fee proposal to provide Program Management Services
through the Concept Phase of the Newport Beach City Hall Master Planned Facility project
for your consideration. We are excited about this opportunity to work with the City of
Newport Beach and look forward to a very successful project.
Our proposed fee of $223,660 is a Not -to- Exceed price for services through the Concept
Phase of the Project as per the following:
CONCEPT PHA8E EXECUTIVE SUMMARY ,
Project / Program Management Oversight & Support
47%
105,460
Constructability Review
2%
5,560
-Scheduling
2%
5,120
-Estimating / Budgeting / Value Engineering
42%
93,168
BIM Manager
2%
5,280
Clerical
4%
91072
TOTAL
100%
$223,660
C. W. Driver proposes to provide full service program management services through the
Concept Design Phase including:
a. Develop conceptual estimate based upon Architect's concept design
b. Management of City's Architect, Bohlin, Cywinski, Jackson (BCJ)
c. Provide, maintain and distribute milestone preconstruction schedule
d. Constructability Review
e. Identify potential cost increasing elements of the project
f Provide potential value engineering suggestions
Los Angeles Irvine Ontario San Diego
License No. 102
g. Use of BIM technology for design analysis
h. Facilitate needs assessment information
i. Schedule and conduct internal team meetings
j. Develop regular reporting methods for Owner
k. Attendance to all required project meetings and committee meetings
1. Facilitate information process to designated parties
Please know that we are committed to the total success of this project and look forward to
work with the City of Newport Beach and the Design Teams.
C: John Thornton, Vice President of Operations
Robert Shafer, Chief Estimator
William Hahn, Program Manager
City Attendees at today's meeting
Attachments: Exhibit B — CWD Management Rates & Reimbursables
CWT)
LICENSE No. 102
EXHIBIT B
G.W. Driver C. W. DRIVER
BUILDERS SINCE 1919
MANAGEMENT RATES & REIMBURSABLES
EFFECTIVE JANUARY- jUNE:2l
ACCOUNTING
84.00
ASSISTANT ESTIMATOR
82.00
ASSISTANT PROJECT MANAGER
139.00
ASSISTANT SUPERINTENDENT
109.00
BIM MANAGER
132.00
CARPENTER
102.00
CARPENTER FOREMAN
107.00
CLERICAL
81.00
CONSTRUCTABILITY REVIEWER
139.00
ESTIMATOR/COST ENGINEER
148.00
FIELD SUPERINTENDENT
157.00
GENERAL SUPERINTENDENT
195.00
IT SUPPORT
107.00
LABORER
84.00
LABORER FOREMAN
88.00
PROJECT ENGINEER
83.00
PROJECT EXECUTIVE / CHIEF ESTIMATOR
195.00
PROJECT (PROGRAM) MANAGER
165.00
SAFETY OFFICER
104.00
SCHEDULER
128.00
SENIOR ESTIMATOR
170.00
SENIOR PROJECT ENGINEER
128.00
SENIOR PROJECT MANAGEMENT
171.00
TRUCKING / DELIVERIES
69.00
Above rates apply to standard workweek hours.
TT2a1507E•i �sTiN ba -� - -� _ ._ _ °' H^=y .._a_ _ _'
Management Rates
Management Rates Include all wages, workers compensation insurance costs, fringe benefits and payroll taxes, office supplies and expenses,
mobile phone costs, project staff computers and sofware, main office overhead, and profit
Reimburseable Expenses:
Reimburseable expenses will be reimbursed at rate of cost plus 10 %. Typical reimbursement costs consist of the following: Travel and
subsistence, mileage, Additional Program Management Services not inclusive of this Agreement, Outside Consultants, printing costs,
postage and mail delivery charges, Permits and Fees, Testing and Inspections, Payment and Performance Bonds