HomeMy WebLinkAboutC-7090-1 - On-Call PSA for Staff Augmentationv�
p AMENDMENT NO. TWO TO
l" ON-CALL PROFESSIONAL SERVICES AGREEMENT
v WITH INTERWEST CONSULTING GROUP, INC.
THIS AMENDMENT NO. TWO TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. Two") is made and entered into as of this 15th day of
October, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and INTERWEST
CONSULTING GROUP, INC., a Colorado corporation ("Consultant"), whose address is
15140 Transistor Lane, Huntington Beach, California 92649, and is made with reference
to the following:
RECITALS
A. On March 1, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide on-call public works inspection services
("Project").
B. Since entering into the Agreement, Consultant was asked to perform a higher
volume of Work than was originally anticipated. Such Work includes providing on-
call staff for public works projects.
C. On November 7, 2016, City and Consultant entered into Amendment No. One to
the Agreement to reflect additional Services or Work not anticipated in the
Agreement, to update Section 10 and to increase the total compensation.
D. The parties desire to enter into this Amendment No. Two to increase the total
compensation, due to the higher volume of work through the end of the Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the 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 Three Hundred Seventy
Five Thousand Dollars and 00/100 ($375,000.00), without prior written authorization
from City. No billing rate changes shall be made during the term of this Agreement without
the prior written approval of City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
Seventy Five Thousand Dollars and 00/100 ($75,000.00).
Interwest Consulting Group, Inc. Page 1
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Interwest Consulting Group, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: L961-31(41 g
By 4",
Aaron C. Harp UW iom-is
City Attorney
Date: EST: /g ) fs
= I r ►!� � VIII �
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
9
Gy�c K. Leung (�
Ci Manager
CONSULTANT: Interwest Consulting
Group, Inc., a Colorado corporation
Date:
By: Signed in Counterpart
Terry Rodrigue
President
Signed in Counterpart
By:
Debbie Thorson
Chief Financial Officer
[END OF SIGNATURES]
Interwest Consulting Group, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: Date: !
By:By:
aron CC Grace K. Leung
City Attorney City Manager
ATTEST: CONSULTANT: Interwest Consulting
Date: Group, Inc., a Colorado corporation
Date: I I I ,sl IQ
L-
Leilani I. Brown
City Clerk
De
Chief Financial Officer
[END OF SIGNATURES]
Interwest Consulting Group, Inc. Page 3
4
AMENDMENT NO. ONE TO
r' ON-CALL PROFESSIONAL SERVICES AGREEMENT
v WITH INTERWEST CONSULTING GROUP, INC. FOR
STAFF AUGMENTATION
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 7th day of
November, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and INTERWEST
CONSULTING GROUP, INC., a California corporation ("Consultant"), whose address is
15140 Transistor Lane, Huntington Beach, CA 92649, and is made with reference to the
following:
RECITALS
A. On March 1, 2016, City and Consultant entered into a Professional Services
Agreement ("Agreement") to provide on-call staff augmentation for public works
inspection services ("Project").
B. Since entering into the Agreement, Consultant was asked to perform a higher
volume of Work than was originally anticipated. Such Work includes providing
on-call staff for public works projects.
C. The parties desire to enter into this Amendment No. One to reflect these
additional Services or Work not anticipated in the Agreement, to update Section
10 and to increase the total compensation.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement is amended in its entirety and replaced with the
Scope of Services, attached hereto as Exhibit A-1 and incorporated herein by reference
("Services" or "Work"). The City may elect to delete certain Services within the Scope of
Services at its sole discretion. Any reference to Exhibit A in the Agreement shall
hereafter refer to Exhibit A-1 attached hereto.
2. COMPENSATION TO CONSULTANT
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the 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 Three
Hundred Thousand Dollars and 001100 ($300,000.00), without prior written
authorization from City. No billing rate changes shall be made during the term of this
Agreement without the prior written approval of City."
Interwest Consulting Group, Inc. Page 1
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. One,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Eighty Thousand Dollars and 00/100 ($180,000.00).
3. INDEPENDENT CONTRACTOR
Section 10 of the Agreement is amended in its entirety and replaced with the
following:
"10.1 It is understood that City retains Consultant on an independent contractor
basis and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
10.2 Consultant agrees and acknowledges that no individual performing
Services pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least twenty (20) hours per week for one year or
longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS
member."
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
Interwest Consulting Group, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: t6�o27//h
By:
Aaron C. Harp K"
City Attorney �01'1
ATTEST:
Date:�1�
aAaIC7 �
.i :., 1
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
D ne B. Dixon
Mayor
CONSULTANT: Interwest Consulting
Group, Inc., a California corporation
Date:
Signed in Counterpart
Bv:
Terry Rodrigue
President
Date:
Signed in Counterpart
By:
Debbie Thorson
Chief Financial Officer
[END OF SIGNATURES]
Interwest Consulting Group, Inc. Page 3
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: [04711
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By: By:
Aaron C. Harp pN Diane B. Dixon
City Attorney `°��� Mayor
ATTEST:
Date:
An-
Leilani I. Brown
City Clerk
CONSULTANT: Interwest Consulting
Group, Inc., a California corporation
Date: 11 /
a
Date:
Vei
By:
Thors n
Chief Financial Officer
[END OF SIGNATURES]
Interwest Consulting Group, Inc. Page 3
EXHIBIT A-1
SCOPE OF SERVICES
Interwest Consulting Group, Inc. Page A-1
SCOPE OF SERVICES
Interwest has prepared our approach to the Scope of Services in response to the City's request for
inspection services on property owned by City. What follows is an overview of the services to be provided.
Construction Management Overview
Interwest is experienced and highly skilled at providing services in the three main phases of capital projects (1) Pre -
Construction, Bidding & Award, (2) Construction and (3) Project Close-out. Successful integration of the roles -
project manager, construction manager and construction inspector — throughout these phases is critical to the
success of any project. As such we have provided an integrated scope of work below detailing the key areas of
responsibility for a typical project (Specific responsibility is designated CM —Construction Manager and Cl —
Construction Inspector):
✓ Provide field inspection for compliance with the approved construction documents e.g. plans, green book -
C
✓ Verify all material amounts - Cl
✓ Verify implementation of storm water regulation requirements - CM
✓ Review all invoices for accuracy of work performed - Cl
✓ Assist designer in resolving problems arising from field conditions - Cl
✓ Attend field meetings - Cl
✓ Facilitate coordination with utility companies - Cl
✓ Provide coordination with the design consultant and inspector - CM
✓ Process all invoices - CM
✓ Provide monthly project funding reports — CM
✓ Provide weekly project monitoring reports — CM
✓ Process change orders - CM
✓ Coordinate final inspection - CM
✓ Process labor compliance review and acceptance - CM
Coordinate project As Built drawings - CM
✓ Coordinate processing of project changes with stakeholders and other City departments - CM
✓ Coordinate project closeout activities such as staff report, notice of completion, release of retention,
document archiving, GASB 34 reporting, etc. — CM & PM
Interwest Consulting Group I www.infterwestgrp.com
Detailed Plan for Public Works Construction Management & Inspection
PRE -CONSTRUCTION / BIDDING / AWARD PHASE
Constructability I Contract Document Review I Bid Support: Review of the construction plans and contract
documents prior to bidding and report to the City any areas where there may be an opportunity to save money or find
areas that can be corrected prior to the bid, resulting in more competitive bids and fewer construction change orders.
This assistance is provided during the bidding process.
Pre -Project Photographs ( Video:. The Construction Inspector will
document the condition of the project as well as the adjacent areas prior to
the contractor mobilizing, thus minimizing any dispute that may arise
regarding existing vs. construction damage.
Pre -Construction Meeting: We will organize or attend the pre -construction
meetings prior to the Notice to Proceed being issued. Meeting notes and a
list of invitees and attendees will be distributed.
Plans, Specification & Estimate (PS&E): The PS&E package is essentially the contract document from which the
contractor will bid and build the project. The project engineer, in consultation with the construction manager, takes
the approved project and begins the formal design process. Every effort must be made to stay within the scope of the
approved project, and adhere to the environmental document constraints. Any changes to the scope must be
approved by the PDT; changes to the scope during the PS&E phase will likely increase construction costs, may
require additional environmental studies, and possibly delay the schedule. As the PS&E package develops, a bigger
emphasis is made on constructability, traffic handling and staging. All can significantly impact construction costs.
Potential Pitfalls:
Poorly prepared plans, specifications and
estimate (inconsistency in plan sheets,
unclear plans, incomplete or incorrect
information)
• Poorly written specifications that are
inconsistent with the plans or missing
items
• Having plans/specifications that do not
adhere to the Environmental Document
Having poor staging and traffic control
Bidding and Construction Support:
Resulting in:
- Extended review period
- Delays in the permitting process
- High contractor bids
- Contract change orders (CCOs)
and/or claims
- Extended construction period
- Traffic delays
- Potential for right of way delays
Interwest Solutions:
• Review the PR and Environmental
Document at the beginning of the
PS&E phase
- Implement Quality
Assurance/Quality Control Plan
• Perform Constructability and
Bidability Reviews
✓ During the bidding process, if so directed, the Interwest Team will be available to answer bidders' questions,
prepare drafts of addenda or clarifications to the PS&E and assist in reviewing bids and recommending a
contract award.
✓ During construction, we will provide supplemental support to the City and construction management section
for construction inquiries. This supplemental construction support includes:
✓ Reviewing and preparing responses to RFI's
✓ Reviewing Contractor submittals and shop drawings for compatibility with design
✓ Reviewing and providing recommendations of change order proposals
✓ Performing final review/ evaluation and assisting with the preparation of punch list for work deficiencies
✓ Preparing record drawings of the completed projects based upon the redlined set of as -built plans provided
by the Contractor
Interwest Consulting Group I WWw.intervvestgrp.Com
Potential Pitfalls:
Having bidding documents which
are not consistent with City
standards
- Inadequate time allotted for PS&E
approvals by City Engineer and City
Attorney's office
- Slow response time to Contractor
RFI's and other requests
CONSTRUCTION PHASE
Resulting in:
• Delays in bidding and construction
which can lead to higher costs
- Misinterpreted contract documents
which can lead to CCO's and delay
claims
Interwest Solutions:
Utilize experience to build realistic
project schedules that properly
account for all reviews and approvals
- Respond expeditiously to Contractor
RFI's and other requests to minimize
CCO's and delay claims
Utilize constructability and
specification reviews by experienced
staff to identify the most efficient
construction methods and to minimize
CCO's
Project Schedule (Submittal Review: A realistic schedule that meets the
requirements of the contract documents is critical to the success of the project. Our
team will constantly monitor the schedule, noting and making the City aware of any
critical path slips, as well as any opportunities to compress the schedule that may
arise. Further, timely and thorough submittal review is critical to a project.
Examples of activities include:
cooramate, review ana approve the contractor's proposea cl,M
schedule for completion of project.
Review contractor's schedule, update submittals for conformance to master schedule and contract
documents.
Document Control: We use the proven method of controlling documents through the system developed and used by
Caltrans. We will apply consistent procedures to track all documentation, regardless of project size and location.
Doing so will result in a standard documentation and filing system across the board for capital projects. As a result,
records retrieval will be quick and efficient. Work activities include:
✓ Maintain all project documents, drawings, contract change orders, contractor submittals, shop drawing and
correspondence in electronic form and hard copy.
✓ Maintain at the project site in an "as current" basis, a record copy of all contracts, drawings, specifications,
addenda, change orders and other modifications, in good order and marked to record all changes made
during construction. We track documents, including all correspondence.
✓ Ensure an office engineer is available for projects with significant document control needs, and all files will
be set up by our office engineer, regardless of size
✓ Maintain a digital photographic library & significant activities.
✓ Maintain RFI, submittal and change order logs. Ensure consultants and engineers respond within contract
time frames. We track the number of days submittals are outstanding and with a particular party on a
weekly basis and report this information to the appropriate staff.
✓ Monitor Contractor and the sub -contractors regarding compliance with prevailing wage rates and
affirmative action requirements applicable to the project including a Labor Compliance Program in
accordance with AB 1506 and the Davis -Bacon Act. Our inspectors and office engineers are trained on the
appropriate forms and techniques necessary to conduct these compliance activities.
✓ Collect and review, for compliance with all State and Federal regulations, certified payroll records
requirements.
Interwest Consulting Group I www.interwestgrp.com
Weekly I Monthly Construction Meetings: We would attend and chair weekly or monthly project meetings with the
contactors and stakeholders. We can prepare the agenda and discuss schedule, budget, changes, safety issues etc.
This has proven to be an important step to getting the project on schedule early.
Construction Inspections (Including SWPP Compliance): Our Inspector, as well as any other field personnel
performing services will document all work, quantities, contractor and subcontractor personnel and equipment,
visitors, and field orders on a daily basis.
Some specific duties include:
✓ Oversee Quality Assurance of the construction activities to conform to
plans and specifications.
✓ Monitor contractor work performance for deficiencies and recommend any
special testing needed.
✓ Perform all special inspection required for project.
✓ Maintain daily onsite project log and as -built schedule report. Prepare
daily reports of observations and activities. Secure the general
contractor's daily log reports. Our reports will be based on the Caltrans daily report forms.
✓ Perform periodic digital video and still photography of the progress of the project. Said photography will
show date of the events and conditions being recorded. All non-compliance issues as well as any other site
condition requested by the City shall be photographed. Our inspectors will take photographs of work on a
daily basis as part of our inspection protocol.
✓ Maintain a daily log containing a record of weather, contractors, work onsite, number of workers, work
accomplished, problems encountered, solutions agreed upon, and other similar relevant data as the City
may require.
✓ Monitor and endeavor to ensure the establishment and implementation of appropriate safety programs by
the Contractor.
•� Ensure compliance to reporting requirements of the State Water Resources Control Board as it relates to
SWPP reporting.
Change Order Review/Dispute Resolution: Our team will review any requests for contract change orders to verify
the work is necessary, outside of the contract, and we will negotiate the best way from the City perspective to pay for
the work, whether that is time and materials, unit prices, or a negotiated amount. We will advise City as to their effect
on the contract time and cost. We can perform independent estimates of proposed change order work when
necessary or when directed by the City. The Construction Manager will then make a recommendation for approval,
which according to the City policy, will ultimately need approval by the Public Works Director.
Materials Testing Management: We will coordinate and schedule the materials testing services to acquire the
necessary services, and reports, in the most efficient manner.
Compaction Control: We will coordinate compaction testing with the soil engineering firm to verify all compaction
conducted meets all requirements and specifications.
Progress Payment Processing: We will review progress payments and verify quantities/unit prices, amount due,
certified payroll, appropriate rates, etc. If the review shows the progress payment is accurate, we will then
recommend payment and circulate it to Project Manager for additional review, signature and approval.
Agency Coordination: We will coordinate any work with other agencies to maximize contractor efficiency and keep
the project on schedule.
Interwest Consulting Group I www.interwestgrp.com
O
Ci—
J
r ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH INTERWEST CONSULTING GROUP, INC. FOR
STAFF AUGMENTATION
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 1st day of March, 2016 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and INTERWEST CONSULTING GROUP, INC., a Colorado
corporation ("Consultant'), whose address is 15140 Transistor Lane, Huntington Beach,
California 92649, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide on-call staff augmentation for public
works inspection services (`Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on February 28, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to strictly adhere to the schedule set forth in Exhibit A and the Letter
Proposal, if any, or perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Consultant's compensation for all Work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not exceed
One Hundred Twenty Thousand Dollars and 001100 ($120,000.00), without prior
written authorization from City. No billing rate changes shall be made during the term of
this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
Interwest Consulting Group, Inc. Page 2
who performed the Work, a brief description of the Services performed and/or the
specific task in the Scope of Services to which it relates, the date the Services were
performed, the number of hours spent on all Work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Consultant no later than
thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement and the Letter Proposal or
specifically approved in writing in advance by City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jim Ross to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project
any of its personnel assigned to the performance of Services upon written request of
City. Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
Interwest Consulting Group, Inc. Page 3
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. All
Services shall be performed by qualified and experienced personnel who are not
employed by City. By delivery of completed Work, Consultant certifies that the Work
conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 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, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise 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, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
Interwest Consulting Group, Inc. Page 4
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).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Consultant or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Consultant or any of Consultant's employees or agents, to be the agents or employees
of City. Consultant shall have the responsibility for and control over the means of
performing the Work, provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Consultant as to the details of the performance of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
Interwest Consulting Group, Inc. Page 5
i I 06_11RTIkL4im
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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Consultant, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Consultant is a
partnership or joint -venture or syndicate or co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Consultant shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it
create any obligation on the part of City to pay or to see to the payment of any monies
due to any such subcontractor other than as otherwise required by law. City is an
intended beneficiary of any Work performed by the subcontractor for purposes of
establishing a duty of care between the subcontractor and City. Except as specifically
authorized herein, the Services to be provided under this Agreement shall not be
otherwise assigned, transferred, contracted or subcontracted out without the prior
written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other
writing produced, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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
Interwest Consulting Group, Inc. Page 6
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents, including all logins and password information to City
upon prior written request.
17.2 Documents, including drawings and specifications, prepared by
Consultant pursuant to this Agreement are not intended or represented to be suitable
for reuse by City or others on any other project. Any use of completed Documents for
other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to Consultant's
deliverables under this Agreement by City or persons other than Consultant is waived
against Consultant, and City assumes full responsibility for such changes unless City
has given Consultant prior notice and has received from Consultant written consent for
such changes.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Consultant under this Agreement. All such records and invoices shall be clearly
identifiable. Consultant shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Consultant shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Consultant under this Agreement.
Interwest Consulting Group, Inc. Page 7
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or designee with respect to such disputed
sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
22. 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 Section is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold harmless
City for any and all claims for damages resulting from Consultant's violation of this
Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
Interest Consulting Group, Inc. Page 8
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jim Ross
Interwest Consulting Group, Inc.
15140 Transistor Lane
Huntington Beach, CA 92649
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
Interwest Consulting Group, Inc. Page 9
satisfactorily performed and costs incurred up to the effective date of termination for
which Consultant has not been previously paid. On the effective date of termination,
Consultant shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
Interwest Consulting Group, Inc. Page 10
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Interwest Consulting Group, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: '� I �Y l&
Aaron C. Harp
City Attorney
ATTEST:
Date:
B
lani I. Blown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: -,>),i n w,
,a
Ir Dave
City Manager
CONSULTANT: Interwest Consulting
Group, Inc., a Colorado corporation
Date:
By: Signed in Counterpart
Terry Rodrigue
President
Date:
Signed in Counterpart
Bv:
Debbie Thorson
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Interwest Consulting Group, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE a California municipal corporation
Date: 3 /6//0 _ Date:
By: , By:
Aaron C. Harp "I� Dave Kiff
City Attorney City Manager
ATTEST: CONSULTANT: Interwest Consulting
Date: Group, Inc., a Colorado corporation
Date: -3//i/ cik
Leilani I. Brown
City Clerk
By/
President'
Date:
By:
De norson-
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Interwest Consulting Group, Inc. Page 12
EXHIBIT A
SCOPE OF SERVICES
Interwest Consulting Group, Inc. Page A-1
SCOPE OF SERVICES
Interwest has prepared our approach to the Scope of Services in response to the City's request for capital projects
and private development inspection services. What follows is an overview of the services to be provided.
Construction Management Overview
Interest is experienced and highly skilled at providing services in the three main phases of capital projects (t) Pre -
Construction, Bidding & Award, (2) Construction and (3) Project Close-out. Successful integration of the roles -
project manager, construction manager and construction inspector — throughout these phases is critical to the
success of any project. As such we have provided an integrated scope of work below detailing the key areas of
- responsibility for a typical project (Specific responsibility is designated CM —Construction Manager and CI —
Construction Inspector):
✓
Provide field inspection for compliance with the approved construction documents e.g. plans, green book -
CI
Verify all material amounts - Cl
Verify implementation of storm water regulation requirements - CM
Review all invoices for accuracy of work performed - Cl
Assist designer in resolving problems arising from field conditions - Cl
Attend field meetings - CI
Facilitate coordination with utility companies - Cl
Provide coordination with the design consultant and inspector - CM
Process all invoices - CM
Provide monthly project funding reports— CM
Provide weekly project monitoring reports — CM
Process change orders - CM
Coordinate final inspection - CM
Process labor compliance review and acceptance - CM
Coordinate project As Built drawings - CM
Coordinate processing of project changes with stakeholders and other City departments - CM
Coordinate project closeout activities such as staff report, notice of completion, release of retention,
document archiving, GASB 34 reporting, etc. — CM & PM
interwest Consulting Group 1 www.interwestgrp.com Page 15
Detailed Plan for Public Works Construction Management & Inspection
PRE -CONSTRUCTION / BIDDING / AWARD PHASE
Constructability j Contract Document Review I Bid Support: Review of the construction plans and contract
documents prior to bidding and report to the City any areas where there may be an opportunity to save money or find
areas that can be corrected prior to the bid, resulting in more competitive bids and fewer construction change orders.
This assistance is provided during the bidding process.
Pre -Project Photographs j Video: The Construction Inspector will
document the condition of the project as well as the adjacent areas prior to
the contractor mobilizing, thus minimizing any dispute that may arise
regarding existing vs. construction damage.
Pre -Construction Meeting: We will organize or attend the pre -construction
meetings prior to the Notice to Proceed being issued. Meeting notes and a
list of invitees and attendees will be distributed.
Plans, Specification & Estimate (PS&E): The PS&E package is essentially the contract document from which the
contractor will bid and build the project. The project engineer, in consultation with the construction manager, takes
the approved project and begins the formal design process. Every effort must be made to stay within the scope of the
approved project, and adhere to the environmental document constraints. Any changes to the scope must be
approved by the PDT; changes to the scope during the PS&E phase will likely increase construction costs, may
require additional environmental studies, and possibly delay the schedule. As the PS&E package develops, a bigger
emphasis is made on constructability, traffic handling and staging. All can significantly impact construction costs.
Potential Pitfalls:
- Poorly prepared plans, specifications and
estimate (inconsistency in plan sheets,
unclear plans, incomplete or incorrect
information)
- Poorly written specifications that are
inconsistent with the plans or missing
items
Having plans/specifications that do not
adhere to the Environmental Document
Having poor staging and traffic control
Bidding and Construction Support:
Resulting in:
• Extended review period
• Delays in the permitting process
• High contractor bids
• Contract change orders (CCQs)
and/or claims
• Extended construction period
• Traffic delays
• Potential for right of way delays
Interwest Solutions:
- Review the PR and Environmental
Document at the beginning of the
PS&E phase
- Implement Quality
Assurance/Quality Control Plan
• Perform Constructability and
Bidability Reviews
✓ During the bidding process, if so directed, the Interwest Team will be available to answer bidders' questions,
prepare drafts of addenda or clarifcations to the PS&E and assist in reviewing bids and recommending a
contract award.
✓ During construction, we will provide supplemental support to the City and construction management section
for construction inquiries. This supplemental construction support includes:
✓ Reviewing and preparing responses to RFI's
✓ Reviewing Contractor submittals and shop drawings for compatibility with design
✓ Reviewing and providing recommendations of change order proposals
✓ Performing final review/ evaluation and assisting with the preparation of punch list for work deficiencies
✓ Preparing record drawings of the completed projects based upon the redlined set of as -built plans provided
by the Contractor
Interwest Consulting Group 1 www.interwestgrp.com Page 16
Potential Pitfalls:
Resulting in:
Interwest Solutions:
- Having bidding documents which
- Delays in bidding and construction
- Utilize experience to build realistic
are not consistent with City
which can lead to higher costs
project schedules that properly
standards
- Misinterpreted contract documents
account for all reviews and approvals
- Inadequate time allotted for PS&E
which can lead to CCO's and delay
- Respond expeditiously to Contractor
approvals by City Engineer and City
claims
RFI's and other requests to minimize
Attorneys office
CCO's and delay claims
- Slow response time to Contractor
- Utilize constructability and
RFI's and other requests
specification reviews by experienced
staff to identify the most efficient
construction methods and to minimize
CCO's
CONSTRUCTION PHASE
Project Schedule I Submittal Review, A realistic schedule that meets the
requirements of the contract documents is critical to the success of the project. Our
team will constantly monitor the schedule, noting and making the City aware of any
critical path slips, as well as any opportunities to compress the schedule that may
arise. Further, timely and thorough submittal review is critical to a project.
Examples of activities include:
✓ Coordinate, review and approve the Contractor's proposed CPM
schedule for completion of project.
✓ Review contractor's schedule, update submittals for conformance to master schedule and contract
documents.
Document Control: We use the proven method of controlling documents through the system developed and used by
Caltrans. We will apply consistent procedures to track all documentation, regardless of project size and location.
Doing so will result in a standard documentation and filing system across the board for capital projects. As a result,
records retrieval will be quick and efficient. Work activities include:
✓ Maintain all project documents, drawings, contract change orders, contractor submittals, shop drawing and
correspondence in electronic form and hard copy.
✓ Maintain at the project site in an "as current" basis, a record copy of all contracts, drawings, specifications,
addenda, change orders and other modifications, in good order and marked to record all changes made
during construction. We track documents, including all correspondence.
✓ Ensure an office engineer is available for projects with significant document control needs, and all files will
be set up by our office engineer, regardless of size
✓ Maintain a digital photographic library & significant activities.
✓ Maintain RFI, submittal and change order logs. Ensure consultants and engineers respond within contract
time frames. We track the number of days submittals are outstanding and with a particular party on a
weekly basis and report this information to the appropriate staff.
✓ Monitor Contractor and the sub -contractors regarding compliance with prevailing wage rates and
affirmative action requirements applicable to the project including a Labor Compliance Program in
accordance with AB 1506 and the Davis -Bacon Act. Our inspectors and office engineers are trained on the
appropriate forms and techniques necessary to conduct these compliance activities.
✓ Collect and review, for compliance with all State and Federal regulations, certified payroll records
requirements.
Interwest Consulting Group I www.interwestgrp.com page 17
Weekly I Monthly Construction Meetings: We would attend and chair weekly or monthly project meetings with the
contactors and stakeholders. We can prepare the agenda and discuss schedule, budget, changes, safety issues etc.
This has proven to be an important step to getting the project on schedule early.
Construction Inspections (Including SWPP Compliance): Our Inspector, as well as any other field personnel
performing services will document all work, quantities, contractor and subcontractor personnel and equipment,
visitors, and field orders on a daily basis.
Some specific duties include:
✓ Oversee Quality Assurance of the construction activities to conform to
plans and specifications.
✓ Monitor contractor work performance for deficiencies and recommend any
special testing needed.
✓ Perform all special inspection required for project.
✓ Maintain daily onsite project log and as -built schedule report. Prepare
daily reports of observations and activities. Secure the general
contractors daily log reports. Our reports will be based on the Caltrans daily report forms.
✓ Perform periodic digital video and still photography of the progress of the project. Said photography will
show date of the events and conditions being recorded. All non-compliance issues as well as any other site
- condition requested by the City shall be photographed. Our inspectors will take photographs of work on a
daily basis as part of our inspection protocol.
✓ Maintain a daily log containing a record of weather, contractors, work onsite, number of workers, work
accomplished, problems encountered, solutions agreed upon, and other similar relevant data as the City
may require.
✓ Monitor and endeavor to ensure the establishment and implementation of appropriate safety programs by
the Contractor.
✓ Ensure compliance to reporting requirements of the State Water Resources Control Board as it relates to
SWPP reporting.
Change Order Review/Dispute Resolution: Our team will review any requests for contract change orders to verify
the work is necessary, outside of the contract, and we will negotiate the best way from the City perspective to pay for
the work, whether that is time and materials, unit prices, or a negotiated amount. We will advise City as to their effect
on the contract time and cost. We can perform independent estimates of proposed change order work when
necessary or when directed by the City. The Construction Manager will then make a recommendation for approval,
which according to the City policy, will ultimately need approval by the Public Works Director.
Materials Testing Management: We will coordinate and schedule the materials testing services to acquire the
necessary services, and reports, in the most efficient manner.
Compaction Control: We will coordinate compaction testing with the soil engineering firm to verify all compaction
conducted meets all requirements and specifications.
Progress Payment Processing: We will review progress payments and verify quantitieslunit prices, amount due,
certified payroll, appropriate rates, etc. If the review shows the progress payment is accurate, we will then
recommend payment and circulate it to Project Manager for additional review, signature and approval.
Agency Coordination: We will coordinate any work with other agencies to maximize contractor efficiency and keep
the project on schedule.
Interwest Consulting croup I www.interwestgrp.com Page 18
EXHIBIT B
SCHEDULE OF BILLING RATES
Interwest Consulting Group, Inc. Page B-1
SECTION 7
Fee Schedule
The rates displayed in the fee schedule below reflect Interwest's current fees. Hourly rates are typically reviewed
yearly on July 1 and may be subject to revision unless under specific contract obligations.
We are proposing Steve Maffioli at the following rate:
PublicWorks Observer II....................................................................................................................... $ 80
Public Works Hourly Rates
Construction Management
ConstructionManager.............................................................................................................................................$125
Assistant Construction Manager...............................................................................................................................110
SupervisingPublic Works Observer...........................................................................................................................105
Senior Public Works Observer.....................................................................................................................................95
PublicWorks Observer III............................................................................................................................................85
PublicWorks Observer II.............................................................................................................................................80
PublicWorks Observer I..............................................................................................................................................75
Engineering
Principalin Charge................................................................................................................................................... $160
ProjectManager.........................................................................................................................................................160
BILLING PROCESS
Invoices are typically generated upon the conclusion of the month. Interwest Consulting Group will work with the City to
supply the necessary billing information.
Interwest Consulting Group I www.interwestgrp.com
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Interwest Consulting Group, Inc. Page C-1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
Interwest Consulting Group, Inc. Page C-2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
Interwest Consulting Group, Inc. Page C-3
judgment may be necessary for its proper protection and prosecution of
the Work.
Interwest Consulting Group, Inc. Page C-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 3/30/16 Dept./Contact Received From: Raymund
Date Completed: 4/1/16 Sent to: Raymund By: Alicia
Company/Person required to have certificate: Interwest Consulting Group
Type of contract: Public Works
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/14/15-11/14/16
A.
INSURANCE COMPANY: Travelers Casualty and Surety Company
B.
AM BEST RATING (A-: VII or greater): A++: XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
2M/4M
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
E Yes ❑ No
1.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include `solely by negligence" wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 11/14/15-11/14/16
A.
INSURANCE COMPANY: Travelers Casualty and Surety Company
B.
AM BEST RATING (A-: VII or greater) A++: XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1M
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 11/14/15-11/14/16
A.
INSURANCE COMPANY: Travelers Casualty and Surety Company
B.
AM BEST RATING (A-: VII or greater): A++: XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1M
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ NIA ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
N. PROFESSIONAL LIABILITY EFF: 1 1 /1 4/1 5-1 1 /1 411 6 Carrier: XL Specialty Ins Co
Rating: A: XV Admitted Limit: 1M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
® N/A ❑ Yes ❑ No
V BUILDERS RISK
® N/A ❑ Yes ❑ No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
4/1/16
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date