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HomeMy WebLinkAbout15 - OASIS Senior Center Program ManagementCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 February 26, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949 - 644 -3311 or sbadum @city.newport - beach.ca.us SUBJECT: Oasis Senior Center Program Management — Approval of Professional Services Agreement with GKK Works RECOMMENDATIONS: 1. Approve a Professional Services Agreement with.GKK Works, of Irvine, California, for program management services at a not to exceed price of $89,090 and authorize the Mayor and City Clerk to execute the Agreement. 2. Approve a budget amendment appropriating $89,090 from the General Fund unappropriated fund balance to Account 7453- C1002007. DISCUSSION: As recommended by the City's Finance Committee, City staff solicited proposals from qualified firms to provide program management services with a potential option to utilize program manager at risk project delivery for the design and construction of the new Oasis Senior Center (See attached Request for Proposals). Two firms, C.W. Driver and Douglas Barnhart, declined to propose. Proposals were received from the following firms: • GKK Works • Griffin Structures, Inc. • Heery International, Inc. • Regent Development OC Proposals were reviewed by the selection committee (Wes Morgan, Dave Webb, and Steve Badum) and rated as to their qualifications, project management capabilities, experience and project approach with respect to quality and cost control. During the review process, Griffin Structures withdrew from the process citing recent workload changes that would not enable them to provide the appropriate level of service. Upon extensive review of the resultant proposals, the staff selection committee selected GKK Works as the most qualified firm to provide program management for the Oasis Senior Center project (See attached Proposal and Phase I Fee Proposal). GKK Works has Oasis Senior Center Program Management — Approval of Professional Services Agreement with GKK Works February 26, 2008 Page 2 extensive experience with similar municipal projects. The City has also had a very positive experience with GKK Works with their recent construction management of the Newport Coast Community Center and .the Santa Ana Heights Fire Station and Training Facility. While all of the proposing firms had capable teams, the experience level of this team was cited by the selection committee as justification for this selection. Staff has negotiated a not to exceed fee of $89,090. The scope of work proposed includes all project management services from design through the completion of design development plans and the submittal of the. optional guaranteed maximum price (GMP). GKK Works will serve as an extension of City staff managing all aspects of the project. The specific work tasks are as follows: • Preconstruction management and administration • Review of existing program to date and guidelines • Coordinate and manage City's Design team thru Design Development including Architect, Engineers, geotechnical, and other specialty consultants • Develop overall project costs and estimates at each stage of the design process • Coordinate the CEQA process • Coordinate the development of all design documentation • Assure compliance with applicable codes and standards • Coordinate incorporation.of energy efficiency, LEED, and operational efficiency • Assure principles of sustainable design, • Coordinate all aspects of onsite and offsite design including utilities, traffic circulation, and other issues • Provide periodic value engineering and design and constructability reviews • Develop and maintain project schedules • Provide a bonded GMP at the conclusion of the design development process The contract is set up on a time and materials basis with an allowance for reimbursable expenses. The scope of work anticipates a maximum of 12 weeks until completion of design development plans and the submittal of an optional GMP. Upon completion of design development and the submittal of the GMP, the City Council may accept the GMP and enter into an "At Risk" project delivery contract with GKK Works. If the City Council rejects the GMP and elects to continue in the traditional project delivery, staff will negotiate a "not to exceed" time and materials contract for construction management services with GKK Works to manage the project through construction and move in. Environmental Review: Program management services are not a project as defined in the California Environmental Quality Act (CEQA) implementing Guidelines. Oasis Senior Center Program Management — Approval of Professional Services Agreement with GKK Works February 26, 2008 Page 3 Funding Availability: With the approval of the requested Budget Amendment, there are sufficient funds available in the following account for the project: Account Description General Fund Prepared by and Submitted by: Director Account Number Amount 7453- C1002007 $ 89,090 Total: $ 89,090 Attachment: Professional Services Agreement City of Newport Beach Public Works Department Newport Beach, California Request for Proposals Program Management Professional Consulting Services For the Delivery of a New Oasis Senior Center Building and Related Facility Components January 11, 2008 TABLE OF CONTENTS REQUEST FOR PROPOSALS I. EXECUTIVE SUMMARY/ INTRODUCTION ...................................... ............................... 1 II. PROJECT DESCRIPTION ........................................................................ ............................... 1 III. SCOPE OF SERVICES ............................................................................. ............................... i Objective............................................................................................. ............................... 1 Phasesof Work .................................................................................. ............................... 2 PhaseI ................................................................................................. ............................... 2 PhaseII ................................................................................................ ............................... 3 IV. SUMMARY LIST OF TASKS .................................................................. ............................... 4 V. AGENCY RELATIONSHIP AND DUTY .............................................. ............................... 5 VI. FIXED -FEE PROFESSIONAL SERVICES ............................................. ............................... 6 VII. QUESTIONS REGARDING THIS RFP ................................................ ............................... 6 VIII. TENTATIVE PROJECT SCHEDULE .................................................. ............................... 6 IX: SUBMISSIONOF PROPOSALS ............................................................ ............................... 6 X. PROPOSAL CONTENT AND FORMAT .............................................. ............................... 7 XI: SELECTION PROCESS ........................................................................... ............................... 8 XII, SELECTION CRITERIA ......................................................................... ............................... 9 XIII. DESIGNATED REPRESENTATIVES ................................................. ............................... 1a XIV. CITY STANDARD AGREEMENT AND INSURANCE .................. ............................... iC APPENDICES EXHIBIT A - OASIS SENIOR CENTER PROGRAM CONCEPT EXHIBIT B - CITY STANDARD PROFESSIONAL SERVICES AGREEMENT (PSA) REQUEST FOR PROPOSAL I. EXECUTIVE SUMMARY / INTRODUCTION The City of Newport Beach, California (City) is soliciting Request for Proposals (RFP) for selection of a Program Management firm for work related to the delivery of a new Oasis Senior Center (Project), in accordance with the terms, conditions, and requirements set forth in this RFP. Program Management professional services are being sought by the City for work in two phases; this RFP is for the execution of Phase I only. Phase I includes schematic design, design development, and pre - construction program management and professional services through the completion of the Design Development phase of the Project, at which point the program manager (PM) will submit to the City a Guaranteed Maximum Price (GMP) proposal for the delivery of the complete and operational Project. The City at its sole discretion will elect whether to contract with the PM using the GMP and at risk project delivery or to continue traditional program management through completion of the project, which is known as Phase II. Phase II of this RFP will include professional program and construction management services for review and management of the completed construction documents, bidding, construction management, and post occupancy services for the Project and related site improvements in either an "at Risk" (PMQR) or traditional project delivery scenario. The preliminary budget for the entire Project is approximately $20 million which would include, all costs for,site demolition, geotechnical investigation, insurances, construction, professional fees, testing, permits, administration, furnishings, fixtures, equipment, costs to occupy the project and project contingency. II. PROJECT DESCRIPTION The current Oasis Senior Center is located at 800 Marguerite Avenue in Corona del Mar (Newport Beach, California). The property is bounded by Marguerite Avenue, 5u Street, and Narcissus Avenue as shown in Exhibit A. The City has contracted with Robert R. Coffee & Associates (RCA) to provide architectural and engineering design services for the Project. The City completed a needs assessment and program study in 2007. This study is the basis upon which the new facility is being planned. The estimated gross size of the new facility is approximately 36,500 GSF. The Project itself consists of demolition of existing buildings, parking lot and the removal of necessary landscaping. III. SCOPE OF SERVICES Objective The objective of this RFP is for the City to identify and select a PM firm to provide professional program and construction management services on a continuous and integrated basis during the design, preconstruction, construction, and occupancy phases of the Project as described in this RFP. Phases of Work The City seeks to retain PM with the potential to employ the "at Risk "(PM ®R) project delivery system to aid the City in the review and management of the architectural and engineering aspects of the Project and advise on related strategies affecting quality, cost containment, environmental considerations, sustainability, efficient design, and constructability of this Project. The PM will contract with the City in two phases. • Phase I will include all requisite pre - construction phase services and culminate in the preparation and submission of a GMT for the Project. • Phase II will include the review and management of the construction documents, preparation of bid packages for the various trades, management of the complete bidding process (including pre - qualification processes) through award, and the management and supervision of all principal and specialty trade contracts, and Project construction through post-occupancy- Upon selection of the PM by the City, the resulting contract will authorize the PM to provide pre - construction Phase I services only, including without limitation the provision of a GMP for the final completion of the overall Project. Subsequently, at the completion of the pre- construction Phase I services, and in accordance with the terms and conditions of this RFP, if the City elects to accept the GMP, the City and PM will seek to negotiate and execute a contract to include the accepted GMP and all Phase II elements. Phase I Phased (pre-construction services) will begin with review of the City program and Project description and current status of project design; And continue through the issuance of the PM's GMP to the City, as established by contract terms between the City and the PM. The GMP shall be submitted within forty -five (45) days after completion and approval of the Design Development (DD) Phase, or sooner if mutually agreed upon by the City and Pjvl. During the Phase I Pre - construction work, the City's architect will provide all required architectural and engineering services. It is anticipated that the Architect shall remain under direct contract with the City. The PM and its team will review and coordinate this design work on behalf of the City. The PM and its team will utilize its skills and knowledge of construction to develop schedules, recommend the addition or deduction of alternatives, prepare construction cost models and estimates, conduct value analysis studies, study labor and material conditions, identify and address constructability issues, and advise on the most efficient sequencing of construction work for the Project. Included in Phase I are all PM activities necessary to prepare and submit a GMP to the City. In addition to the above, the PM will provide technical assistance to City staff in conjunction with the temporary relocation of senior services and administrative offices. Generally, it will be the responsibility of the PM and its team to utilize its skills and knowledge of program management, design, construction and overall project delivery to: develop schedules; prepare overall detailed Project cost estimates; and, in any other way deemed necessary, contribute to the successful development of the Project during the pre - construction /design phase. The City will pay the PR a Fixed, Not -to- Exceed Professional Services Fee for Phase I services of the Project. Such fee shall include all costs associated with the PM and its team providing all Phase I services through the submission of the GMP. 2 Phase II If the City, in its sole discretion, elects to accept the GMP and proceed with Phase H services, then the City and the PM will endeavor to enter into the Phase 11 contract. If the City, at its sole discretion, elects to reject the GMP, the City and the PM will endeavor to enter into the Phase II contract using the City's traditional project delivery and management process. The Phase 11 PM contract with the City shall include all construction activities necessary to complete the Project. The PM shall provide, or cause to be provided, a performance and payment bond for all direct Project costs to the City in a form acceptable to the City. The PM and its team will provide all project management services through the completion of construction documentation (including plans, specifications, and bid packages); manage contractor pre - qualification processes; coordinate public bidding process; and provide all services to manage and effect the construction of the Project, including the management of all trade contracts. This work also includes, without limitation: change order review, quality control/ inspections, schedule maintenance, cost control measures, all meetings, review processing, obtain necessary governmental approvals, tracking and monitoring of shop drawings and Requests For information and substitution requests, resolution of claims by all Trade Contractors, and coordinate all inspections, including the coordination of final inspections and dose -out documents with the City and the City's Architect / Engineer. The prequalification process is subject to City approval, and the pre- qualification criteria (if any) shall be, determined by the City and the PM to address quality, performance, capacity to perform, and other factors deemed appropriate by the City and PM. The City will publicly bid the trade contracts in accordance with the California Public Contract Code. All bids: will be opened by the Office of the City Clerk at the specified time and location in accordance the City's bid process, Upon award by the City Council, these contracts will be assigned to the PM and shall assume contract owner responsibilities. The City will pay the PM for its Phase 11 services using a Fixed Fee for Professional Services. The City will also pay for applicable reimbursable costs, for actual expenditures only, out of a mutually agreed upon allowance under General Conditions, General Requirements, and other miscellaneous specified allowances agreed upon by the City. IV. SUMMARY LIST OF TASKS A detailed Scope of Work is not included here. A summary of the anticipated services by the PM and its team shall include, but is not limited to, the following: Phase I: Services: • Pre- construction management and administration. • Review of existing City program information. • Review of the existing City design guidelines and requirements affecting this project. • Coordinate City s design team in its delivery of Architectural and Engineering (A &E) services during pre - construction (conceptual, schematic and design development phases). • Develop overall project cost estimates at each stage of the design process. • Coordinate the Cites CEQA compliance and environmental approval process, and integrate into the project. • Coordinate the development of all required design documentation at completion of conceptual, schematic, and design development phases to reflect numerous design considerations, including the functional needs of the City and the neighborhood context. • Assure design compliance with all applicable local and State codes and design standards. • Assure incorporation of energy conservation, LEED, and operational efficiency as requested by the City. • Assure principles of sustainable design, as may be directed by the City. • Coordinate civil engineering design services on behalf of the City. • Manage the City's Architect/ Engineers and related specialty consultants such as geotechnical, traffic, noise, and other related services. • Coordinate all aspects of the design development including all on -site improvements, all required off -site improvements, all on -site and off -site utilities, and any other applicable improvements. • Develop cost estimates at each phase of the design process and recommend design modifications accordingly to seek to keep the GMP at or below the construction budget established for the Project. • Provide periodic design and constructability reviews. • Perform periodic Value Engineering as may be required to meet and maintain City budget parameters. • 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 bonded (direct cost component) overall GMP for delivery of the Project and all related on and off site improvements including payment and performance bonds in a form acceptable to the City. Phase II: Services: • Coordinate the preparation of Construction Document (CD) plans and specifications to submit to the appropriate City Departments and all necessary entities for review, approval, and permitting. • Review and coordinate final construction document specifications, shop drawings, and submittals. • 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. • Manage the public bidding and award process (in full compliance with the Calif. Public Contract Code). • Provide full and complete construction administration and construction observation (CACO) services during construction. • Provide all program and construction management and administration services during construction of the facility, including Onsite administration and management. v Project And. construction cost management. H Quality assurance and quality control. Dispute resolution. Submittal review. s Management of:Requests for Information (RFI). Change order review and negotiations. Provide and manage construction engineering services. Provide construction surveying, materials testing, and specialty inspection services. Schedule analysis and continuous updates. Deliver record (as- built) documents and manage project close -out. Provide post - construction services, including construction punch -list management and completion. Manage substantial and final completion processes, and project acceptance. Deliver final record drawings ( "as- builts "). Deliver program warranties. Deliver operations and maintenance manuals. Manage final payment and project closeout. V. AGENCY RELATIONSHIP AND DUTY The PM shall serve as surrogate City staff. The Project will be an 'open book" project whereby the City may attend any and all meetings, and the City or its designated auditors or accountants shall have access to any and all records of the PM and its Team, or maintained by the PM relating to the Project. The PM accepts a relationship of trust and confidence between itself and the City, to furnish its best skills and best judgment to cooperate with the City during its design of the Project, to act as the Cit/s Agent assisting in opening bids in accordance with the California Public Contract Code, and in all ways to further the interests of the City and the Project. The PM shall use its best efforts to see to it that the work of the Project is done in the best and most expeditious, economical manner consistent with the interests of the City, and in strict conformity with the contract documents, including all reasonable implications of them. VI. FIXED -FEE PROFESSIONAL SERVICES Because the PM will only be providing professional services for the benefit of the City, based on a fixed fee for such services, this procurement will be made in accordance with the provisions of Chapter 10 of the California Government Code, Sections 4526 to 4529.5, which requires that firms qualified to provide such services be selected on the basis of demonstrated competence and qualifications for the type of professional services required without regard to fees and, thereafter, who will negotiate a contract with the City for those services at a fair and reasonable fee. VII. QUESTIONS REGARDING THIS RFP All questions pertaining to this RFP must be provided in writing (using either U.S. mail or via e-mail) to: Project Management Related: Stephen G. Badum, Public Works Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 (949) 6443311 sbadum@ci!y.newl2ort-beach.ca.us VIII. TENTATIVE PROJECT SCHEDULE Oasis Facility Related: Wes Morgan, Recreation & Senior Services Dr. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 (949) 644 -3151 wmorgan@ci!y.newport-beach.ca.us The entire period for provision of the PM services described in this RFP will commence upon execution of the Professional Services Agreement by all parties and will be completed pursuant to the Project Schedule developed by the PM and subject to City's approval. The Project Schedule for Phase I services will be submitted to the City for its review and approval by the PM within fifteen (15) days of execution by the parties of the Professional Services Agreement for Phase I services. IX. SUBMISSION OF PROPOSALS The deadline for submitting a response to this RFP is, Friday, January 25, 2008. Respondents shall submit five (5) copies (4 bound,1 unbound) of the Proposal. The proposal documents and the fee proposal envelope together shall be delivered in a single package and plainly labeled as follows: ATTN: Public Works Director Proposal for Program and Construction Manager Professional Consulting Services Oasis Senior Center The City of Newport Beach will accept Proposals on or before the date and time indicated above at the following location and address: Public Works Department Permit Counter, Building C City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 X. PROPOSAL CONTENT AND FORMAT The Proposal should be prepared simply and economically, providing a straight forward, concise description of the respondent's proposal to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of the City's needs. Respondents shall carefully read the information contained in this RFP and submit a complete response to all requirements as directed. An incomplete Proposal will be considered non - responsive and subject to rejection. The Phase I Fee Proposal for Professional Program Management Services must be submitted in a separate sealed envelope and included in the overall Proposal package. The sealed envelope process is necessary to expedite the timely retention of the most qualified firm. Upon final selection of a firm, the remaining sealed envelopes will be returned unopened to their respective firms. The submittal proposals are to contain the following elements Firm Organization, Credentials, Background - include a brief profile of your firm and any team member's firm. Identify the project team, including organizational chart and lines of authority and area of responsibility. Experience - Consultant's experience with at least three recent public agency projects of similar scope, including references with contact person and telephone number, and participation of staff being proposed on this project. Provide evidence that the proposing firm and its personnel and team members have expertise and experience in management of architecture and related engineering services, program mobilization. and.supervision, bid evaluation, project scheduling, cost - benefit analysis, claims review and negotiation, and general management and administration of all design and construction components of the project. Identify the. proposed key team members (and their respective firms), and provide their qualifications ,.including:individual experience with similar projects and number of years with the firm. Provide resumes of each team member. Program Management Ap rp oath - Describe your program management philosophy and approach to the PM and PMC R delivery method with emphasis on how this will meet the City�s needs. Including the following areas: • State the PM's approach and intended scope of work and related professional services to assure the timely and cost effective completion of the project. • Describe how you will develop, maintain, and update the project schedule during the pre - construction phase and the construction phase. • Discuss your approach to managing project design services, and coordinating the work of the City's A/E team. • Describe your approach to assuring timely completion of this Project, including methods for schedule recovery, if necessary. • Describe your quality control and assurance program. Explain methods and practices used to ensure quality control during the construction phase of the project. • Describe your methodology for generating bidder interest, advertising, and pre - qualifying trade contractors for the PM@R delivery process. • Describe any unique qualifications as they pertain to this particular project. Financial Resources and Legal Issues • Demonstrate the ability of the proposed Team to provide the requisite bonds for the direct cost (Phase II) component of the GMP, • Provide details of any past or pending litigation, or claims filed, against the bidding firm related to work performed for public or private agencies, or in actions that may affect its performance under a contract with the City. Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If so, specify date(s), details, circumstances, and prospects for resolution. Agreement to City Contract Terms and Ability to Obtain Insurance • Identify any conditions or terms of the City' Professional Services Agreement (PSA) for Phase I (see Appendix B to this RFP) with which the Firm and its team does not agree, including terms which the firm wishes to negotiate. Please note that the City will be very reluctant to make changes as we feel that the City's current PSA represents a balanced and fair approach that has been acceptable to the engineering and construction management industry. • Provide specific assurance regarding the Firm's ability to secure insurance that meets the City requirements. Phase I Fee Proposal (in a Separate, Sealed Envelope Provide your fixed The requirements for the work of Phase I, ending with the submittal to the City of a GMP for the delivery of the Project. Identify a not -to- exceed allowance required for reimbursable expenses, which are to be billed as actual costs up to the not - to-exceed amount. The proposal shall list specific work tasks and associated hours, meeting allowances, deliverables, and other applicable activities. Specific responsibilities of each team member shall be detailed along with indication of percent of overall time available to work on this project. Provide hourly rates used by job title for the key Team members, for use in the event that additional services are required beyond the identified scope. No such additional work is to be undertaken unless specifically requested and authorized by the City. It is the intent of this RFP that all work related to this Project as outlined in the Scope of Work will be performed for the base fee requirement. XI. SELECTION PROCESS This RFP is the single step process for selecting a PM firm for the Project. This RFP also provides the information necessary to prepare and submit qualifications for consideration and ranking by the City. A selection panel will evaluate and rank the submitted proposals in the order in which they provide the "best value" based on the selection criteria. Based on the submittals received, the City may then select up to three (3) of the trop ranked respondents to interview regarding qualification for this Project or, at its discretion, the City may elect to select the PM deemed most qualified and responsive, and then enter directly into fee and contract negotiations with that firm for Phase I services for the Project. On the basis of the qualifications, references, interviews, and using the selection criteria listed here, the selection panel will make a recommendation identifying the most qualified firm. At the conclusion of the final ranking, the Fee Proposal of the firm deemed "most qualified" will be opened and reviewed. Upon final selection of a firm, the remaining sealed envelopes will be returned unopened to their respective firms. The City will meet with the successful firm and negotiate the final form of the contract. If good faith negotiations with the selected firm are unsuccessful, the City will terminate such negotiations and undertake new negotiations with another finalist, or finalists, if any. The City reserves the right to reject any or all proposals, at its sole discretion. The authorization for contract award to the PM firm for this Project will be upon approval by the City of Newport Beach City Council. XII. SELECTION CRITERIA Selection of the most qualified PM firm will be based on the submitted Proposal and, if conducted, interviews. All Proposal packages will be evaluated against the criteria listed below: Program Management Capabilities ...................................................... ............................25% Demonstrates a comprehensive understanding of the Project and knowledge of work required, good description of PCMR philosophy and processes, record of ability to successfully complete projects of similar scope without major legal or technical problems, demonstrated ability to accommodate the addition of this Project within its work schedule. Qualifications and Technical Capabilities ........................................... ............................25% Background of key staff and Team members assigned to this Project, organizational capability, demonstrated ability to manage project costs and meet project budgets and schedules, sensitive approach to public and regulatory concerns, discussion of quality controls, clear organization chart. PreviousExperience ................................................................................ ............................25% Provided evidence of expertise and previous experience in providing PM and PM @R services, specifically with public sector projects and demonstrated qualifications. Provided relevant public sector references. CostControl /Financial- . ............................... ..................................... ............................25% Understanding of fiduciary responsibility, demonstrated effective cost control methods, demonstrated financial capability, bonding capacity, and ability to meet City's insurance requirements, acceptance of City's standard PSA. General Information City's Reservation of Rights: The City may evaluate the proposals based on the anticipated completion of all or any portion of the Project. The City reserves the right to divide the Project into multiple parts, to reject any and all proposals and re- solicit for new proposals, or reject any and all proposals and temporarily or permanently abandon the Project. City makes no representations, written or oral, that it will enter into any form of agreement with any respondent to the RFP for any project and no such representation is intended or should be construed by the issuance of this RFP. Acceptance of Evaluation Methodology: By submitting its proposal in response to this RFP, respondent accepts the evaluation process and acknowledges and accepts that determination of the "lowest responsible, responsive bidder" will require subjective judgments by the City. No Reimbursement for Costs: Respondent acknowledges and accepts that any costs incurred from the respondent's participation in this RFP process shall be at the sole risk and responsibility of the respondent. Waiver of Claims: Each respondent, in submitting a proposal, is deemed to have waived any claims for damage by reason of the selection of another proposal and/or the rejection of its proposal. 9 XIH. DESIGNATED REPRESENTATIVES The PM shall designate, in writing, a single representative who will be the firm's City contact point during the pre - construction and the construction phases. This representative shall be the primary channel of communication to the City. In turn, the Public Works Director or his designated representative will serve as the City's liaison with the PM, and this City representative will be authorized to act on behalf of the City. The City, PM, City's Archibect /Engineer, and other trade consultants have varying duties with respect to the many decisions and activities required by the contract between the City and PM. Information to or from the PM required or requested to assist with this decision making process and related activities shall be communicated either through or with the knowledge of the City's designated representative. XIV. CITY STANDARD AGREEMENT AND INSURANCE The PM firm that is selected to perform the pre - construction services shall be required to execute the City's standard form Professional Services Agreement (PSA) prior to commencement of any work and shall perform all services in accordance with the terms and conditions of the PSA (the standard PSA is included as Exhibit B). By submitting its Proposal, PM agrees that they have reviewed the standard agreement and will agree to execute said contract with the City without exception, unless so noted in the corresponding section of its proposal. The selected PM shall obtain and maintain at all times, during the term of the Phase I contract, compiehensivegeneral, automobile, professional liability, and Workers' Compensation insurances as described in the standard PSA. The PM shall comply with all required insurance coverage as outlined in the PSA. 10 gkkwork%c. January 25, 2008 Public works Department Permit Counter, Building C City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 RE: RFP for Program Management Services for the Delivery of the new Oasis Senior Center Building and Related Facility Componenets Dear Members of the Selection Committee: gkkworks is pleased to submit our qualifications to provide the City of Newport Beach Program Management at Risk.Services for the new Oasis Senior Center. We are confident that our experience in the PM at Risk role will yield many benefits in the successful completion of this Project. We greatly value our long -term relationships with our clients, and believe strongly in developing "partnerships through trust." This has resulted in numerous construction management and program management contracts throughout the state. These have included individual multimillion dollar contracts, and entire programs with construction values well exceeding $2 billion. Our approach to the project includes the following key points: Guarantee the Price: Having experience as a Program Manager and General Contractor we feel that working together with the City and Robert R. Coffee Architects (RCA) through design development will allow us to arrive with a GMP that will meet the City's budget and as well as assume the City's Risk in a thorough process. Success will be determined by utilizing our present day knowledge of the market and working with various sub - contractors, particularly in the MEP trades, to help with accurate and timely budgets through the different stages of design. Collaboration. We understand the importance of up -front collaboration and will work closely with the City and RCA through the pre - development /design phase of this project to ensure a seamless transition from Phase I to Phase II. Our unique approach is that we listen. What's made similar projects successful in the past has been our ability to listen to the needs of our clients. The needs of the City and the men and women who will be utilizing the Senior Center are unique and therefore our ability to listen and understand those needs and work together will make this a successful project. 2355 Main street Suim 220 1 IRVINE I CA 92619 999.250.1500 1 9 9.956.1%2 fax gkkwork.c. Proactive: Our approach to program management is proactive, providing timely and accurate estimates, constructability reviews and value engineering studies during Phase I. Also with this being a LEED Silver Certified project we will take a proactive approach to collecting necessary project photos, data, and documentation to follow the process that the USGBC has put forth and ensure LEED Certification. This attention to detail will result in the most cost effective and efficient project while achieving the highest level of quality and meeting the City's standards. Direct an Aggressive Schedule: We understand the sensitive nature of the construction timelines for the Oasis Senior Center and the need to provide the current staff with swing space and getting them back in the new building timely. In our proposal we have outlined how we will positively affect and manage the Project Schedule to ensure that milestones are achieved and the coordination of work flow is seamless. Team: The team we have selected for your project includes our most experienced staff who have completed projects most similar to yours. Kim Harvey our proposed Sr. Project Manager (Primary Point of Contact) recently completed the Newport Beach Community Center. Working with Kim will be Eric Stones who has been assigned as our Project Manager for the Project. Eric recently completed the Santa Ana Heights Fire Station and Training Facility for the City. These were both successful project for gkkworks and the City and it gave us the working knowledge of the City's processes and procedures which we feel will be very important on the Senior Center. We understand that successful projects require full individual participation throughout project duration, from pre- construction /design management (Phase I) to project execution (Phase II), and our team is committed to this level of participation. We look forward to the opportunity to be a contributing member of the team by assuming the City's risk and upholding the highest of standards. We are confident that we will provide the City of Newport Beach, the surrounding community, and the men and women who work at the Senior Center with a project they will be proud of. You have my personal commitment that gkkworks will exceed your expectations and continue to build your trust. Sincerely, 17A--i;C'V Charlie Merrick Vice President of Construction 2355 Main Street, Suite 520 1 imNE I CA 92619 949.259.1599 1 949.9552708 fax table of contents I City Of Newport Beach Section 01 - FIRM ORGANIZATION, CREDENTIALS, BACKGROUND ........................ ..............................4 Section02 - EXPERIENCE ................................................................................ ..............................9 Section 03 - PROGRAM MANAGEMENT APPROACH ............................................ ............................... 24 State the PM's approach and intended scope of work and related professional services to assure the timely and cost effective completion of the project ....................... ............................... 24 Describe how you will develop, maintain, and update the project schedule during the precon- struction phase and the construction phase ...................................... ............................... 28 Discuss your approach to managing project design services, and coordinating the work of the City's A/E team ............................................................................ ............................... 26 Describe your approach to assuring timely completion of this Project, including methods for schedule recovery, if necessary ...................................................... ............................... 32 Describe your quality control and assurance program. Explain methods and practices used to ensure quality contro! during the construction phase of the project ..... ............................... 34 Describe your methodology for generating bidder interest, advertising, and pre - qualifying trade contractors for the PM @R delivery process ....................................... ............................... 30 Describe any unique qualifications as they pertain to this particular project ......................... 38 Section 04 - FINANCIAL RESOURCES and LEGAL ISSUES .................................. ............................... 39 Section 05 - AGREEMENT to CITY CONTRACT TERMS and ABILITY to OBTAIN INSURANCE .................... 41 Section 06 - PHASE I FEE PROPOSAL (Submitted in a separate sealed envelope) .. ............................... 43 3 section one I Firm Organization, Credentials, Background Brief profile of your firm and any team member's firm. Identify the project team, including organizational chart and lines of authority and area of responsibility. BRIEF FIRM PROFILE As one of southern California's leading construction, project and construction management firms, gkkworks has provided well over several billion dollars of construction services since its inception in 1991. Our services span numerous industries including public works, education, healthcare and hospitality projects. We are headquartered in Irvine, California and have several area offices located throughout Callfornia, as well as South Carolina as well as an international reach with offices in India and Dubai. Our very core as a company was built around specialized public works projects and becoming extremely proficient in the CM /PM at risk delivery method. We have successfully managed and built new construction as well as renovation projects which involved cities, states, counties and other public entities. Our public facilities experience includes city halls, city libraries, city sports facilities and gymnasiums, as well as emergency service infrastructure. Our philosophy is based on the reality that . architecture and construction are inseparable and that applying a thorough understanding of each is critical to the success of any project. Providing architectural planning, design, construction and construction management services under the same roof enables us to better understand and anticipate potential project issues. It also enables us to be better advocates for our clients. n We have had a major role in managing programs and projects from inception to completion. Through each phase of planning, design, construction and start -up, we continuously focus on achieving our client's goals for cost, schedule and quality. Our ability to listen, plan, execute and pay attention to detail is what has allowed us in most cases to either come within budget or in some cases come in under budget saving our clients money at the end of the project. We take great pride in being able to exceed our client's expectations and develop long standing partnerships with multiple repeat projects. For New Oasis Senior Center, it will be critical to the process for us to collaborate effectively with Robert R. Coffee Architects & Associates through the schematic and design documentation procedures of Phase I. This will enable us to arrive at a GMP that meets the budgetary expectations of the City of Newport Beach. With our company roots and early beginnings in Newport Beach, we have been long -term community members ourselves. We are very in tune with the nuances of the City and how sensitive constituents can be to construction in their neighborhood. We understand the importance of making this experience a positive one for the community. We know that it is a direct reflection on you, the City, and the entire team. Our past experience in working with Newport Beach has provided us valuable knowledge of your processes and procedures. This enables us to "hit the ground running ", and effectively serve your needs, saving you time and money. section one ( Firm Organization, Credentials, Background Phase I Design Development and GMP Organizational Chart Kim Harvey Eric Stones Vice President Charlie Merrick V. P. Director of Operations Mark Brown Stephen R. Dunn, PhD John Maruska Chris Bradley, AIA, LEED AP Tom Jicha PROJECT TEAM IDENTIFICATION Our staff consists of more than 280 professionals including, project executives, project managers, construction managers, cost estimators, schedulers, general and field superintendents, all integral to our success. By. combining seasoned personnel, specialized expertise and state -of- the -art technology, we have achieved a track record of successful projects. Most importantly, we strive to develop long -term relationships with our clients, based on trust, and our goal to make our clients successful. 5 gkkworks has developed a team that is uniquely qualified to meet the needs of the City for the new Oasis Senior Center. Our team structure provides a staff of senior members that have specific experience in the management of public sector projects. Their experience working with government agencies in California in an owner - advocate role will be of great benefit to the City. The following are functional descriptions of the roles and responsibilities of our team members. We have also included an organization chart. Complete resumes of our assigned team is in section 02 of this statement of qualifications. section one Firm Organization, Credentials, Background PHASE I TEAM MEMBER RESPONSIBILITIES Charlie Merrick and Mark Brown will assist the team with amycorporate support they may need during the duration of the project. this would include assistance-with items such as: • Staffing • Accounting • Information Technology Support • Subcontractor Negotiations • Outside Safety Consulting • Project Financial Reviews • Issue Resolution • Other Items Requested by the Team Kim .Harvey - Senior. Project Manager • Primary point of contact for the City and the Architect • Responsible for:the.management and administration of the project • Will review the ezisting.City program information and make comments and recommendations as necessary • Will review and have a clear understanding of the existing City design guidelines and requirements affecting this project • Is responsible for the coordination of the City's design team and their production of Architectural and Engineering deliverables • Will coordinate the City's CEQA compliance and environmental approval process • Is responsible that the design is in compliance with all applicable local and State codes and design standards • Has direct responsibility for the overall GMP for delivery of the Project and all related on and off site improvements Eric Stones — Project Manager • Secondary point of contact for the City and the Architect • Will manage the City's specialty consultants such as geotechnical, traffic, noise, and other related services 0 • Will make sure that there is coordination of all aspects of the design development including all on -site improvements, all required off -site improvements, and all on -site and off-site utilities. • Has direct overall responsibility for project scheduling and phasing • Responsible for the management of the project to ensure that timeframes for deliverables and processes prior to construction are met Stephen Dunn — Director of Preconstruction Services • Develop overall project cost estimates at each stage of the design process • Develop cost estimates at each phase of the design process and recommend design modifications accordingly to seek to keep the GMP at or below the construction budget established for the Project • Provide periodic design and constructability reviews • Perform periodic Value Engineering as may be required to meet and maintain City budget parameters Chris Bradley, AIA, LEED AP — LEED Coordinator • Assure incorporation of energy conservation, LEED, and operational efficiency as requested by the City • Assure principles of sustainable design, as may be directed by the City • Coordinate the development of all required design documentation at completion of conceptual, schematic, and design development phases to reflect numerous design considerations, including the functional needs of the City and the neighborhood context John Maruska — Scheduler • Develop and maintain overall Project Schedules during Phase I Section One Firm Organization, Credentials, Background Phase II Organizational Chart Vice President Charlie Merrick V. P. Director of Operations Kim Harvey I Mark Brown Fabian Orozco Elizabeth Novak Scheduling Estimating Document Control Information Technology Administrative /Accounting PHASE 11 TEAM MEMBER RESPONSIBILITIES Charlie Merrick and Mark Brown will assist the team with amycorporate support they may need during the duration of the project. this would include assistance with items such as: • Staffing • Accounting • Information Technology Support • Subcontractor Negotiations • Outside Safety Consulting • Project Financial Reviews • Issue Resolution • Other Items Requested by the Team Kim Harvey — Senior Project Manager • Primary point of contact for the City and the Architect • Responsible for the management and administration of the project • Coordinate the preparation of Construction Document plans and specifications to submit to the appropriate City Departments and all necessary entities for review, approval, and permitting • Provide full and complete construction administration and construction observation (CACO) services during construction • Manage final payment and project closeout • Dispute resolution. Submittal review section One I Firm Organization, Credentials, Background Eric Stones — Project Manager • Secondary point of contact for the City and the Architect • Preliminary point of contact for all subcontractors and suppliers • Is responsible for the review and coordination of the final construction document specifications, shop drawings, and submittals • Responsible for the management of the bidding and award process to insure that everything is in full compliance with the California Public Contract Code • Has direct onsite administration and management responsibility • Project and construction cost management • Will lead the all change order reviews and negotiations • Will provide post-construction services, including construction punch -list management and completion. • Manages substantial and final completion processes Fabian Orozoco — Project Superintendent • Primary contact for all construction field activities • Responsible for the preparation of a Storm Water Pollution Prevention Plan (SWPPP), and the filing of any notices and forms with any and all state and local governing or oversight entities • Responsible to respond to all inspectors and other governmental agency comments as appropriate • Secures any permits required to construct the project • Quality assurance and quality control. • Is responsible for the project construction schedule, including weekly and monthly updates • Manages all material deliveries • Manages all trade level work • Responsible for jobsite safety • Manages all construction field activities E Elizabeth Novak — Project Engineer • Manage appropriate furniture, fixture and equipment bidding /procurement and installation • Responsible to review change order costing • Manage the submittal review and "approval" process • Management of Requests for Information process • Deliver record (as- built) documents and manage project close -out • Deliver final record drawings and delivery program warranties • Deliver operations and maintenance manuals • Develops and submits a monthly progress report to all Project Team Members Consultant's experience with at least three recent public agency projects of similar scope including references with contact person and telephone . number, and participation of staff being proposed on this project. Provide evidence that the proposing firm and its personnel and team members have expertise and experience in management of architecture and related engineering services, program mobilization and supervision, bid evaluation, project scheduling, cost- benefit analysis, claims review and negotiation, and general management and administration of all design and construction components of the project. Identify the proposed key team members ('and their respective firms)., and provide their qualifications, including individual experience with similar projects and number of years with the firm. Provide resumes of each team member. INTEGRATED PROJECT DELIVERY Since -Lhc., beginn.i- vi inn - ha- zen t'J design end oLJIJ ,iah ei unt�i,n_I y. integrated approach. Our vision Is tc produce moder'r) a,o '-z ti cugh a cnmr, �� emi =and collaborative r';;re 3 Our Oat,gy i5 -mpic ?p' 7 the diverse talent necessary to inspire, create. and construct those works - gkkworks. Our integrated approach to professional design, construction management, and general contracting services strives to efiminate surprises that are so common in today's building projects. Nith a firm of in- house design,. pre - construction and construction professionals, all the necessary resources to integrate teams, identify problems. and ❑ element solutions . are close at hand. This allows gkkworks to confidently deliver projects regardless of scope or scale. The key to our approach is flexibility. Integrated Project Delivery (.IPD) is not another term for Design - Build. Rather; !PL) is the ability to Tailor nil teari co the scope Of services and delivery method that makes the most sense for our client on each individual project. At gkkworks we reahze that each client and each Project Is unique, NO one delivery method is ideal for even,: 0i --_ - t. ,. do .hen a!!. Vve corrb;-- _ O'u'r :cope of sarUltes [o meet the ree,uiren`ients of 11he Project from -a programmfrro, design, quality, cot and sch. :•dui'e point of vita.:. " ,I 91Z, �-- < _ £`: �_ e �` . r: section two Charlie derrick Principal -In- Charge Experience EDUCATION Bachelor of Science, Construction Management, California State University, Long Beach REGISTRATION Registered General Contractor CA License 4774456 YEARS WITH FIRM: 9 years SUMMARY Mr. Merrick has 30 years experience in all phases of construction and construction management. He has extensive knowledge of commercial, industrial, and institutional projects, and has a proven track record of providing quality pre - construction and construction services for his clients. Mr. Merrick's management style is built on honesty, integrity, and the strong belief that creative and hardworking people who look for innovative ways to service their clients are the foundation of successful organizations. 16 SELECTED PROJECT EXPERIENCE LA BioMed Institute at Harbor -UCLA - Research Building #3, Torrance, CA. Principal -in- Charge for the design /build of a 22,000 SF 2-story Biomedical Research Facility that houses research labs and offices. Cost: S43 M. City Hall (with EOC) , La Quinta, CA: Principal -in- Charge for this project that is presently on time for delivery and under budget ($1.0.2 MI. The addition includes a 22,000. Sr basement which will contain an Emergency Operations Center. The (EOC) will serve as an effective and efficient. facility housing 22 pre - selected management staff to render emergency services upon a cataclysmic event. . . Maintenance and Transportation Center, Orange, CA: Principal - in- Charge for Construction Management services provided for Coast Community College District's new Maintenance Facility and Transportation Building. The new building Includes offices, break room, conference room, restrooms, parking lot, equipment yard maintenance shops, storage, and vehicle bays. Fire Station #84, Los Angeles, CA: Principal -in- Charge for the new Regional Fire / Paramedic Station that includes a new 15,250 SF Regional Fire /Paramedic Station, a 6,000 SF apparatus storage building, and a 2,500 SF multi - purpose room on approximately 2- acres. County of Los Angeles, Principal -in - Charge for construction services on multiple projects: Probation Department Juvenile Camps and Hall - Constructability and bidability, Central Jail Main Building Renovation - Feasibility Study, As- Needed PM Services to the Department of Public Works. CL.A " .'� .� t,. F 711 ,., r1f' Project, Torrance, CA: gkkwork_< is the prime consultant to provide PM, -P-11 and support set Jlces fo- the .:orstruction of a 190,,':00 SF replan:, Inert stAn-j,e;.../ /ern rgency building adjacent to the existing b.jlld,ng at Harb:::r UCJ_.A Center: Project Cost: S3eld I M- section two I Experience Mark Brown Director of Operations EDUCATION Bachelor of Science, Po'itical Science, California State University, Luna Beach YEARS WITH FIRM: 5 years SUMMARY Mr. Brown establishes and manages all resource for gkkworks' Construction Management, Design, Build and General Contracting projects. He is responsible for project organization and mobilization, training programs, recruitment, quality control, projected staffing levels and scope of work and fee structure development. He has more than 30 years of project and construction management experience. He brings creative and strong skills to his responsibilities, which include budget analysis, submittal review for procurement objectives, management of budget constraints and analysis of risk areas for our clients. 17 SELECTED PROJECT EXPERIENCE Fire Station #43, Los Angeles, CA: Operations Manager for this new Regional Fire /Paramedic Station that includes a new 15,250 SF Regional Fire /Paramedic Station, a 6,000 SF apparatus storage building, and a 2,500 SF multi- purpose room on approximately 2- acres. City Hall, La Quinta, CA: Operations Manager for this project that is presently on time for delivery and under budget ($11.2 M). The City Hall will serve as an effective and efficient facility housing 22 pre - selected management staff to render emergency services upon a cataclysmic event. . Fire Station #84, Los Angeles, CA: Operations Manager of this new Regional Fire /Paramedic Station that includes a new 15,250 SF Regional Fire /Paramedic Station, a 6,000 SF apparatus storage building, and a 2,500 SF multi - purpose room on approximately 2- acres. Fire Station #87, Los Angeles, CA: Operations Manager of this new Regional Fire /Paramedic Station that includes a new 15,250 SF Regional Fire /Paramedic Station, a 6,000 SF apparatus storage building, and a 2,500 SF multi - purpose room on approximately 2- acres. Parker Center Police Headquarters, Los Angeles, CA: New Police Headquarters Facility & Parking. This is a 10- story, 500,000 sf building which will be used to house LAPD administration staff. The project includes an auditorium, cafeteria and 350-space LAPD below -grade parking. Main Street Parking and Motor Transport Division. This 5 -story structure includes 800 space above -grade LAPD parking, fuel station, repair shop and car wash facility. Aiso Street Parklna. Thi -� itv n .lu or 30,0 Space Pubic parking with Public Plaza. Harbor UCLA. Medical Center Surgery /Emergency Replareni -il Project, Torrance, CA: gi;ke +!crks is the prime consultant provide PM /CRY and support services fo! the constructior or a 190,OS0 SF replace^ - : „t surgery,'e.mergency building ad a�e!:r iC Chc c'di5tii;.4 buiiii i;;g at th E. Hari;... !I''CLA r,leclical 'eil`i:_ . Pro ea Cost: x344 1 M. section two I Experience Kim Harvey Senior Project Manager Primary Point of Contact for the City and the Architect EDUCATION Master of Science, Civil Engineering, Construction Engineering and Management Program, Stanford University Bachelor of Science, Civil Engineering, California State Poly University, Pomona Registered Civil Engineer CA License #C054182 YEARS WITH FIRM: 3 years SUMMARY Ms. Harvey has more than 13 years of project management experience in the commercial, education, and government industries. Her range of projects include a campus facility, baseball stadium, television broadcast facility, parking structure, commercial office buildings, K -12 schools, community colleges, and low- income housing. Her background as a licensed engineer enables her to effectively convnunica' ,,•pith the designers and engineers. She works hard for the client's best interest and has a successful record on many projects managing budgets and schedules and coordinaring the ream members. 1R SELECTED PR03ECT EXPERIENCE Newport Coast Community Center, Newport Coast, CA: Construction Manager ra_presentina the owner, and the and City of Newport Beach for a 17,000 sf community center for the Cry of Newport Beach. One half of the building is the gymnasium; constructed of smu the other half is a wood framed structure that incl�-rdes community rooms, a lobby, restroon.s and a sv_ =.rming kit:_h,er:_ Cost $8.5 M. Painted Turtle Camp, Lake Hughes, CA: Project manager responsible for the construction of a 21- building campus for chronically ill and terminally ill children including a dining hall, commercial kitchen, gymnasium, sauna /pooh, 2 arts & crafts buildings, administration building, living quarters for staff, bungalows for children ( 12 buildings, 2,000 SF each), boat house and dock, horse stable, bridge, and extensive site work Cost: $23 M. Dodger Stadium Renovation, Los Angeles, CA: Project manager responsible for the construction of a new dug -out club, seating, club level suites, kitchen, restaurant, pedestrian bridge, and seismic upgrades. Cost: $40.7 M. Gambro Healthcare, Irvine, CA: Project manager responsible for the construction of 50,000 SF of tenant improvement work. Cost: $1.8 M_ Vine Street Family Housing, Anaheim, CA: Construction manager representing the City of Anaheim. Responsibilities include monitoring progress and schedule updates, reviewing payment applications, reviewing change orders, and preparing monthly status reports Cost: 512_9 M. LOS A.'g —iBS �(S ",ngeieS, Ce. Construction manager P,me?dino constructability revie'wrs for sever ! high ccr „H_ a r,.i schools Mthln LAUSD. section two I Experience Stephen Dann, PhD Director of Preconstruction Services EDUCATION Bachelor of Science, Architectural Engineering, California State University, San Luis Obispo MBA, National University Ph.D, California Coast University YEARS WITH FIRM: 6 years SUMMARY Mr. Dunn has more than 25 years of construction management, project management, general administration, and general contracting experience with 10 years direct accountability for the general administration and supervision of division activities. Management experience includes strategic planning, management reporting, cost control, contract negotiations, claim management and analysis, and establishing and implementing policies and procedures. Steve is responsible for the management and oversight of all preconstruction services, including cons iuctabhicy r2'eieeJs. value engineering session;, budgeting/cost e,t) mating and scheduling. ;5 SELECTED PROJECT EXPERIENCE City Hall, La-Quinra, CA: Director of Preconstruction Services far this project that is presently on time for delivery and under budget (£10.2 M). The addition includes a 22,000 SF basement which vill contain an Emergency Operations Center. The City Hall will serve as an effective and efficient facility housing 22 pre- selected management staff to render emergency services upon a cataclysmic event! Maintenance and Transportation Center, Orange, CA: Director of Preconstruction Services Construction Management services for Coast Community College District's new Maintenance Facility and Transportation Building. The new building includes offices, break room, conference room, restrooms, parking lot, equipment yard maintenance shops, storage, and vehicle bays. Fire Station #4, Los Angeles, CA: Director of Preconstruction Services for this new, 15,250 SF fire station includes offices, dormitory and locker /shower space for a crew of 17, and apparatus bays to accommodate eight fire fighting and paramedic vehicles. In addition, the building houses dormitories, lockers and toilet /shower facilities for Fire Department and Emergency Preparedness Department personnel assigned to the EOC during city wide emergencies. Joint Use Training Facility, San Diego, CA: Director of Preconstruction Services for this 22,000 SF administration building, which included administration offices, classrooms and a 350 seat auditorium. The San Diego Sheriff's Department, San Diego District Attorney and the FBI use this facility )s housed at this facility. Included with the administration building is a 14,000 SF simunitions building for simulated training exercises, and shooting ranges. A jet fuselage tram:ng am section two Tom 31cha Senior Cost Estimator Experience EDUCATION Bachelor of Arts, Business Economics, University of California, Sar ?ta Barbara Hazardous Materials Management Certificate, University of California, Irvine YEARS WITH FIRM: 6 years SUMMARY Mr, Iicha has more than 20 years of experience in project management and construction cost estimating. His experience includes working closely with architects and engineers to establish budgets and provide the design team with important value engineering input. He has worked on numerous institutional and healthcare facilities ranging in size inore than $175 M. 20 SELECTED PROJECT EXPERIENCE Harbor UCLA Medical Center SurgerY /Emergency Replacement Project, Torrance, CA: Estimator for pre - construction and construction management of a 190,000 SF Surgery - Emergency addition and assoclated projects, including relocation of the hospital's central loading dock, helipad, emergency entrance, and various out - patient and administrative facilities. Scope of responsibilities included managing the project design team, equipment 9.. furniture selection process, and logistical planning and construction management of the lump -sum low bid primary facillty. Targeted completion date: 2013; Estimated Project Cost: $344.1 M. LA Biomedical Labs, Clinic at LA BioMed at Harbor UCLA, Torrance, CA: Estimator fur a new five- story, 85,000 SF facility, including three Floors of open labs space, equipment support spaces and research offices. The first Floor has service and a multi -use conferencing facility. Construction cost: $35 M. Parker Center Police Headquarters, Los Angeles, CA: Estimator for the New Police Headquarters Facility & Parking. This is a 10- story, 500,000 SF building which will be used to house LAPD administration staff. The project includes an auditorium, cafeteria and 350 -space LAPD below -grade parking. Main Street Parking and Motor Transport Division. This 5 -story structure includes 800 -space above - giade LAPD parking, fuel station, repair shop and car wash facility. Aiso Street Parking. This facility includes below -grade 300 -space Public parking with Public Plaza. Pomona Valley Hospital Medical Center Infrastructure Upgrades: Cost: Estimator for development of infrastructure upgrades related to a new facility master plan for replacement of r_ .`ding patient r- _- "'nd outpatient center. i SeCt1oB7 $V10® Scheduler EDUCATION Experience Bachelor of Science, Bustnes:; Administration; California State University, Long Beach Training Certificate Planning, Resource, Cost Analys;c..and Scheduling in Primavera Project Planner YEARS WITH FIRM: 5 years SUMMARY Mr. Maruska ha> been involved with private, governmental, and healthcare clients during his career that spans over 25 years of scheduling and project control experience. His expertise is utilized on both the program and project levels, and major responsibilities include deve .ping, standardizing and implementing schedules; consulting; resource management; cost control and construction of multi Project, contracts. 7� SELECTED PROJECT EXPERIENCE Colin L. Powell K -B Academy, Long Beach Unified School District, Lono Beach, CA, Senior Scheduler for a 1,200 student, MTYR school; tvvo stories; first phase portable construction; second phase adding gymnasium, administration, library, multipurpose. 12 acres at Phase I, 17.23 at completion, The school accentuates campus life, outdoor function and flexibility; heavily landscaped; oriented for community access. Construction cost: $12 M. Jordan High School: Long Beach Unified School District, Long Beach, CA: Senior Scheduler for a new Ninth grade academy for 1,100 students, designed entirely of two -story relocatable structures. The facility opened in September 2000. Construction cost: 511.9 M. Edison Elementary School, Long Beach Unified School District: Long Beach, CA: Senior Scheduler for a new two - story, 24- (nodular - class[coin addition; reconfigured the program to add 260 fourth and fifth graders to the existing 12,480 SF, K -3 school. Construction cost: $4.6 M. Avalon School, Long Beach Unified School District, Long Beach, CA. Senior Scheduler for the 55,000 sf modernization of this 1920s era public school. Project scope includes hazmat abatement, handicap restroom upgrades, new windows, doors and flooring. Construction cost: $4.3 M. Los Padrinos Juvenile Hall, County of Los Angeles, CA: Scheduler for two new two -story 120 -bed 37,000 SF housing units, site improvements, and a two -story parking structure addition on a 5acre site. Construction cost: $$28 M. Section two I Experience Eric Stonie Project Manager Secondary Point of Contact for the City and the Architect YEARS WITH FIRM: 3 years EDUCATION B.S., Construction Engineering Management, California State University Long Beach Family and Consumer Services, University of Utah SUMMARY Mr. Stones has the ability to direct complex projects from concept to fully operational status. He is goal- oriented individual with strong leadership capabilities. Organized, highly motivated, and detail- directed problem solver with a proven ability to work in unison with staff, subcontractors, and owners representation. ?2 SELECTED PROJECT EXPERIENCE Project Manager for the City of Ne'�,iport Beach Public Works Department for this Fire Station and Training Facility. The training facifty Is 11,027 square feet and the Training Tower is 3,999 square feet, consisting of one building and one training to'wef, fire station is one Floor and training tower is four floors. the Fire Station and Training Facility has a total of 30 rooms. The City of Ne.a;;ort Beach, Bernards Construction and gkkworks worked well as a team to resolve all problems encountered in the grading and underground utility portion of the project. Aoandoned asbestos piping, septic tank, cesspool, and other unforeseen conditions made this project difficult in the early stages. "gkkworks brought a hioh ted7nical skill level and cooperation, looked out for the city's interest and did a great job of being a mernber of a cooperative team. Eric is an experienced _guy' — Eric Baue;, Battalion Chief. City of Newport Beach Fire Department Hotel Residential North Sea Villas Project at St. Regis Hotel in Dana Point. • 18 Units at approximately 3,000 square feet per unit, with 5 star quality finishes. Maple Square Anartments in Fremont, Ca. • Low Income housing Project with partial Government funding. • 5 Buildings, with 132 Units and a Common Structure. • Value Engineering. Subcontractor Management, Productivity Evaluation and Problem Resolution. Scheduler `.'Trite, E'aal ;aa; and ;orrect S::i ;i =doles for flu!tiple Projects t "lanap:.�,e,,,rjSupesrvisl:r; • D t d S� ,._: ?l. a<t, . :id Er . ers numbering up to • Hanageme1 ,- -. ,;t r, _ F_ ._ _... _ +I:ng over =C h'lillion Dollars. • 0� ^:ner InteracCian u��a!',i:�:_; ;inhncial issue's and Product • S -sP illy ,.N! =t , rm: - e:1 ongoing projects section two I Experience Fabian Orozco SELECTED PROJECT EXPERIENCE Superintendent Compton Education Services Center, Compton Unified School District, Compton, CA: Superintendent for a new 43,900 sf. YEARS WITH FIRM: 2 years q two-story school district headquarters complex. The project includes offices for 220 district employees. Agency CM EDUCATION services (multiple prime delivery) were provided for three Rio Hondo College, temporary and three permanent buildings to house district Whittler, CA i administrative offices. Construction Cost: $15 M. M.T.I. College, Orange, CA, Compton Unified School District, Compton, CA: Construction Phoenix Institute of Technology, ; Manager for the following school projects: Phoenix, AZ Roosevelt Elementary School • Foster Elementary School Registered General Contractor 1 Kelley Elementary School CA License Class B - HIC #77904 Whaley Middle School Total Construction Cost: S10 M. SUMMARY Port of Long Beach Maintenance Shop, Long Beach, CA: New Mr. Orozco has more than 13 years maintenance facility utilizing container storage for the Long of professional experience in the Beach Transit. Construction cost $7.9 M. construction industry. He is an experienced construction manager i Long Beach Transit Maintenance Shop, Long Beach, CA: New for many education facilities and facility for City of Long Beach. Construction cost: $12 hl. additionally, has worked closely with DSA Inspectors, architects Los Angeles Unified School District, Los Angeles CA: and school district representatives. Construction Manager for seven modernizations including Responsibilities include re- roofing, plumbing, re- piping, safety and technology (low - coordination of all field activities. voltage, fire alarm, and electrical) and Flooring. Construction Cost: $1.0 M - $6.0 M. i ABC Unified School District, Cerritos, CA: Superintendent for' onsite field supervision for summer modernizations fast - tra l „j;G: 1 :.'_a rq. =d s:h dule.x. A inci,ld- ! __. project werP_ pluming, frarnino, concrete, sI7JCl-0, electrical, . installation Of A:'l. un:.t5: roofing, palnhng, VC. T flooring and carpet. Construction Cost: 53.5 M. Santa Monica Ma iCv Unic:-cl School Distri-'t, Santa :: "•L;nica, CA. C::-rSt`J.,Y� ": ^, f,9'n?�.. , Fd. per _nt i7C U � .c ,..° blG 1. Iflgs tnat r � '._� b 0lv 5. Cas >rOpn;;' anij ti ?e ten OVatlOn dnd nlOd2i77ilat:37 of the Barnun, hail. C(:�n:_ _ „_,,.On Cost: j 12 m section three I Program Management Approach PROGRAM MANAGEMENT APPROACH - Describe your program management philosophy and approach to the PM and PM @R delivery method with emphasis on how this will meet the City's needs. Including the following areas: Program Management Approach and Intended Scope Of Work and Related Professional Services to Assure the Timely and Cost Effective Completion of the Project Our program management philosophy and approach to the PM at Risk delivery method ensures that ute will meet the City's needs This includes our behef that the success of this project requires a collaborative effort for all parties involved. This will achieve a design Neat not only performs in the manner that the City expects it to but one that also complies with rho; established budget b+;e believe that the most critical factor contributing to the success of the Senior Centei is the preliminary pre development Phase i 24 portion of the project, which will be executed in Phase II. Phase I will focus.. on the following key elements: • Guarantee the Price • Assume the City's Risk. o Direct an aggressive schedule Successful collaboration with RCA's team and the City Maintain a high level of quality through design - development Manage Options Incorporate sustainability ideas and methods with RCA into the design to ensure LEED Silver Certification or better Developing a swing space plan that gives tie Oasis Senior Center staff a place to work effectively once Phase ii begins m Ga ^ner community support Section three I Program Management Approach PROJECT APPROACH: PHASE I Our program management team's project roadmap will provide both clarity and Flexibility toward a successful building of an acceptable GMR. It's at this point where effective communication and listening skills become magnified. It"s Important in our Phase 1 approach to understand the expectations set forth by the City's program information and use that as our starting point. Our efforts will be focused on the pre - development phase of the Project in these seven key areas: • Project Definition • Design Management /Coordination with Robert R. Coffee Architects, (RCA) and the City of Newport Beach, (City) • LEED Coordination • Constructability Reviews • Master Schedule Development • Budget Estimating • Value Management First and foremost, we thoroughly understand this delivery method uarantee the Price Assume the City's Risk Team Collaboration " Design Management must be very well defined. These project parameters will function as the scope of work and will develop into a very concise project build plan. In the PM at Risk method time is spent on the front -end to establish the best possible plan to eliminate conflicts through constructability reviews, detailed scheduled budget estimates, value management, master scheduling, and teaming with RCA and the City. We will work with the City and RCA to establish an aggressive, and are confident We will achieve a design that not only yet realistic, schedule and comfortable with performs in the manner that the City and phasing of project assuming the level of expects it to but one that also complies with components. We risk required to deliver the established budget have the ex ertise to the project and are focused on protecting the City's Interests thi'nughcut the Ular'q ?;r :g, de'veiopment and construction of Cite new Oasis Senior Center projec:`.. Th:_ ;:;, o_.cr, .,,u! enn. e that t"e City's goals and objet ±eves are achieved and the project is a Complete success Project Definition amount of dollars and risk. at stake. Therefore, the nmj.9ct parameters of schedule, budget, master plan, pr.;grai, and design standards 25 P implement this type of complex de;ivery method as outlined in the project reference section of our proposal. We will address the other imoortart issues that n?ay have schedule impacts, such as City of Newport Beach infrastructure requirements, CEQA /'EIR (California Environmental Quality Act /Environment Impact Report) processing, and Sturm Water Pollution Prevention {SW'PPP). It is our intent in Phase I to revle-,v and pay i) articular a.tentlon to the City program information. We will also be Focused on making Section three Program Management Approach sure that the City's design guidelines and requirements affecting the project have been taken into account and incorporated into the design. we know it's important to the City to make this a Flagship project of the highest of quality. It's our intent to work with all parties involved to keep the integrity of the design to achieve the City's vision. It's important up front that we start to think about the effects of construction on the surrounding neighborhood and how we can minimize the impact that the residents might feel while the project is under construction. The initial plan would be the development of any necessary swing space for the City employees who are currently working in the existing Senior Center. This would be a collaborative effort with the City of Newport Beach to understand different options and Only mitigate questions and changes during construction. Our approach to the design management process is based on three key principals. 1. manage the process so the design functionally meets the City's requirements originally set forth 2. !mpiement the process to where the City's vision is achieved 3. Achieve the City's quality, aesthetic, and operational standards within the budget guidelines and schedule An important component to this approach is "communication ". In order for this to be a successful process all parties involved need to know what is going on. This is critical in making sure that the GMP is 'a realistic depiction of what the job will cost. available space and then Our goal Is to have a positive imact and Our Communication come up with a phasing particularly pat attendtion to things like plan is one that would plan that will set certain noise, traffic and dust control. involve weekl Protect timelines for moving out of the existing area and into the temporary work space and then back into the new building once construction is complete. Our goal is always to have a positive impact and particularly pay attention to things like noise, traffic, and dust control. Managing Project Design Services A/E Coordination ')or ic- '&..n, I ? a', e3i 'y' phase' the project is certainly an advantage because it akov�; �_�s m draw upon our expertise as 1I''i�ana4e']bU�i!Pr tp :-iakC recompie.ndatlons and offer ideas that will not 26 Y J meetings to: • Design to a Timeframe • Keep it on Track • Ensure Consultants are Meeting Timeframes In these meetings we would discuss design progress, specialty consultant updates, -:: IOr i „' any _.o.._ n_ ctab.lit r Or Cost impacts opportunities, and next steps. In this process we vvou!d assure that sustainability de -sign principals and local and state codes are being incorporated into the design. One capabil.ty that makes us unique is that we have experts in house to revee• +,, as sustainability cde cornipha.m e, They will be able t„ add their kno :viedge as vve progress through the various stages of the pre - section three Program Management Approach .1.11. 1 . ------ ... -_.- ..1 1 11... . ... ......... Approach to Sustainability (LEED): Many of the key team nambers that we are proposing are LEED Arr, edited Professionals with LEED Sil, x; ?rarie ; :rr. This vill allow us the ability to strearnilne, the process and aid RCA and L he City rnug• : management. . ckk..;rarks c.,_ :,._ nF�Ssfcnals are committed to assists the Citv with the unplernerta for (IF .is�a!nable design measures in this project to Increase the overall energy efficiency, operation and maintainability of a building as •,vell as the resulting improvement in the working environment for its occupants. gkkworks has 25 LEED Accredited professionals on staff who have varied involvement in assisting clients and design teams with the delivery of LEED certified projects from their inception to design and thiough constiuctoil to occupancy. Representing the City's interests in achieving their goals, we would contribute our construction expertise to the project team throughout the 'Integrated Design' process. Our approach would propose to facilitate a LEED charrette (peer review? Prior to the preparation of design development documents to confirm the LEED protect objec:tives. During the charrette, LEED goals will be.: • Communicated, • Evaluated and estah6shad for the project, De`♦elop an ese :_utio :: plan d?taiiing the prolect's Okil :'Ct'�i PS: budget, sl:nedule • F ;ov 9„ he "�, a .d Ile,lgr, ream 5parifi%' ?.fit?<; > _.j ,n.,,;>tng Op. {inr'iunitie5 to !' ?d L'C2 1D1ffti-e: i bUS...o. "a! ie .. -. -a S..:, __. In - : ,_i 'le cost Of a p!'OiieCi Cl ffer'e �l t1 7 ;. Our -i assist file city and the :Or ?8�. C :C! ^r i:n5`5. Cti r'S t'ua�0" '.tatena is 27 and methods to ensure the most cost effective sustainable measures are implemented, resulting in the highest cost benefit to the City. Known LEED Cost Variables: • There is no correlation between the point value of a LEED credit and its cost. • Differing strategies car earn the same LEED credit with significant cost differences. • Cost of credits varies significantly based on the building type and building program. . • Cost of credits varies based on region specific and /or project specific issues. Approach to reduce costs while implementing sustainable (LEED) design measures: • Identify and incorporate all LEED credits that are "automatically" earned based on the project design standards. • Identify and incorporate those LEED credits that can be earned at no cost or minimal cost based on site conditions and programmatic requirements. • Analyze moderate and higher -cost credits weighing first cost against immediate and long term value of the measure. Our team has experience with multiple projects that are LEED certified at various levels and understands the critical nature of the many aspects of constrwrting the building and documenting the work to assist the project team in the ultimate delivery cf a s-stainable (GEED Silver Certified) project to the Cite/ and the. .- ,nity. section three Program Management Approach Constructability Reviews: Constructability review is where we can affecx the cost of the project right from the beginning. Our approach is to regularly review RCA's design updates and assess them for overall "buildability.' Paying particular attention to the details in this phase we can eliminate man issues that m.ay otherwise occur in the field and cause delay and budget impacts. This is where we use our expertise as a "master builder" to identify where present day teclincooky, and means and methods can be used to save time and money. When approaching a Constructability Review, we focus on improving: • Consistency between the different design elements and disciplines • Consistency between the plans and technical specifications • Adaptability of the design to the given site conditions • Coordination of the different design disciplines designs and requirements • "Buildability" of the design • Completeness of the General Conditions of the specifications • Tolerances and sequences of the assemblies • Co- ordination details of dissimilar building elements In order for this process to be effective it's necessary to engage field personnel early on it has always been our philosophy that "ail of JS a.a sma -ter than one of Ha'✓'.ig 'lig'Je in -house capabilities as Pm anc! a b;�ii i =�, ge.ttin.a field in j -„ !ve en' I , e5sent .i I` is to not only get tl ek, real :wild in the t.e ^.;hac look at the design to test its "bmidabihtv.° E�,e:. mere importan.i: Ic their buy in to -.he pros e55 the design. The Cass Senior Center Project is unique because !sae do have that aoiiity to affect change, f ^a�ntain, arid Upoate Project Schedule -:; rlitru Cti9n Phase and the r,;.! :e :,r_ :I: Phase Master Schedule Development: ..,e Traster schedule process attempts to develop an understanding of a realistic duration based on experience with similar types of projects. We do this so that the project can be completed without additional acceleration or overtime costs. The Master Schedule will include: • Preconstruction Activities • Construction Activities • Milestones • Decision Dates Every Project Team Member knows what is expected of them and when. This Master Schedule is updated at least on a monthly basis or more often if needed. This will be a team effort by RCA, the City of Newport Beach and our gkkworks team. This portion of the process will be led by Senior Project Manager Kim Harvey, supported by Project Manager Eric Stones, Scheduler, John Maruska, and Director of Pre - construction Steve Dunn, PhD. The schedule will be designed on the City's expectations for delivery, cur experience with a; ;;ell a; any icng lead tune rr'!aterials. Knowing a :Aiat materials will require '. o lead el, Is uo front us to design a ,;hedule, that best maximizes the overall flow ti:c pr;;ject and mitigates time a,.asted. We affect the. use of certain long lead items by :plaing alternative options with RCA, and the Cay Designing a clear cord :ise strategy, with aI. parties buying in, we then coordinate and nsanage the execution of our plan. section three Program Management Approach Budget Estimating Approach: Controlling cost as a program manager is of keen interest, especially in a Program Management at Risk, delivery, approach. This process is led by our Direct -or of Pre - construction, Dr. Steve Dunn and his team of senior estimators. It is here wher. managing RCA's design is going to be most i:nooftant. It's too easy for design elements to be entered into the design without necessarily thinking about affects on cost. One of the components to our Project Master Schedule is identifying with RCA and the City when the budget estimates should occur. To keep costs in line and the direction of the design moving forward, it is our intent to provide budget estimates at all stages of design. This will allow us, RCA, and the City to make adjustments if needed. We have learned that our best results come when we enlist the help of our field staff as early as we can. Our corporate culture is one which information must be free Flowing and communication in silos is not allowed. Typically what comes from this input are new creative "real life" ideas on how today's construction means; methods and technology can be used in order to build the best quality project meeting the City's vision, standards and budget expectations. Our approach to getting accurate cost is simple. We reach out to selected sub - contractors, particularly in the MEP trades, to obtain "present day" pricino based an where the design is at :hat given point. ',Ale a. 4 question uivescigate, and scope, to make sure chat these numbers are complete. Th n s test ±,e carefulp; monitor are commodity pricing (steel, copper, concrete, etc.) and ho,v market r u:tuatiorn could affect the cost of the Project, This is where experience is invaluable ir, the ability tc plan o� those possible changes in order to protect the City and arrive at a response ble G':IP. 29 Value Management Approach: Value Management; Engineering car? mean different things to different firms. Integrity, quality and the aesthetics of RCA's design and the City's vision are paramunt. Value management is typically as a result of the constructability revie:c and planned budget estimates. Our apur :ach to tins pr_"cess is not one with a "cut and hack ° mentality. Because of our unique structure in 'naming design architectural service capabilities in-house, we are sensitive to RCA's design intent. The most effective value management ideas are those that do not alter the finish materials, but offer price reductions for something "unseen" like • Foundation and Framing System • Conduit and piping materials • Roofing Materials • Equipment Manufacturers Often, a value engineering suggestion may be as a result of a change in the way a project is phased or fast - tracked. Our value management approach is based on systematic evaluation of each part of the desian as a unit and as an integral part of the total system in the interest of designing to achieve the lowest overall cost while meeting the design objectives. This process even carries through to the construction phase where Project participant's suggestions are listened to closely and further opportunities for cost savings are explored without compromising RC -Vs design intent. section three I Program Management Approach CONSTRUCTION MANAGEMENT APPROACH. PHASE ft We consider Phase II of the new Oasis Senior Center to be where proper planning and due diligence in Phase I meet execution. It's important that we dig into the details ann get proper alignment with the team so that we can hit the ground running. Carrying our pre-construction efforts and strategic plan over into construction is essential and there are several steps that need to be followed through completion to make certain that the Senior Center is delivered on time and within budget. The schedule is the keystone to this process. It provides us a standard of measurement of which we account for the team's success. It's important to involve the entire team and make this a true collaborative effort with all stakeholders buy in to the processes and established.timelines. Details such as securing City issued building permits and all other jurisdictional permits required need to be retained. In this section we will discuss everything involved in our specific approach to the Phase It Construction of the Project including our: • Bid Packaging /Bid Solicitation Award Plan • Cost Control Reporting Mechanisms • Managing the dose Cut of the Project. Construction Documents and Specifications Approach (Bridging the Gap): Bridging the gap betuieen design documentation and construction documents wil be a kev focus once the Gfy1P has been esta ?Iished. This is �1 team effort to rush the ci.cuments ove; the finish line, n: ,,r role in the p. -press will be t:, i, .•r: �.�... u, ,.p;i�i: r.i �.. -� getting ii:F C!r'a'.` :. r_g> into the C. fur approval, mak :L : -g sure ,neat a+i 3:, necessary entities have enough time to review and approve. In tandem with this process comes preparing concise specifications. Attention to detail avill help eliminate confusion, mitigate gaps and avoid scope overlays between the various trades. ...ene.t'ating Bidder interest. al .ys} T." +e ran "M, C �eIjv -ry Process Bid Process Management: Ou, local project experience allows us to draw upon experienced contractors to ensure that the right people are brought to the table. Generating interest and getting sub Contractors excited about the Senior Center is equally important. Our plan is to do this through proper advertising and additional word of mouth amongst our various project teams to attract the right sub- contractors. This allows us and the City to have robust proposals to select from. When we have an unfamiliar contractor that shows interest iP. participating we use caution to make sure that they can successfully handle the specified scope of work. This typically involves a pre - quaiification process internally that involves our Project Team and Chief Financial Officer to carefully review that contractor's project history and financials. We carefully manage the bid process assuring that bid documents Section three ( Program Management Approach rob` e. --a ---+ -* .*--*+- �-- �ue�nvoaomoo© ---- - - - - -- oo014014 - .cosxswxxxxxx......oxxxx.... -- ---- ROr Rid. ii xvexxwxv uwexwoxweillCiwg • xxvvxwxx nniuwxw0 var= eN �_ ��oo[ +eemacscecsessc aoc0000140. 00.. ®. cm.. sec® v. eeeeeeeeeeeeeeeueeneeeeeeeeeeeeeeoeooe000neeeeeeenneeeeeieeenneeeeeeee urxuuvwueuuwuwoeuvoocwxxxxxxxwxuxvxe vveuvuxx�e ors erg �scoosE. 00.0001414..0.0c. 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I ......... ... in' . manner. n...e.....n.n.ne.......e.nn.e ...e Example of our Bid Matrix are packaged effectively, responsible bidders come forward to bid, the bid process is carried out with integrity, and that the award process is handled within the California Public Contract Code guidelines. We have extensive experience packaging, bidding and awarding projects similar to the Sen c as n.an, other rublic projects. bYe ha`.e packaged work on behalf 0* ovrners for :,50th si'vgie general contractor and mul`iple prune contractor procurements. tnJe take prde !,..._r obi Ky to understand the project, pax;ege tl-.e �w :irk b:,, be done with clear a. d c, - :�r�nen� _ ;.J dog,- ;tents, reach out hr- competent contractors, and successfuily award CO��t�.3Ct5 : :'IOUt r > - : -ad or prate Sr, -iF h -i c 'U "K-2'! .'.h 'nanv Capable subr. co.0ractors a!lo;a :na i -s to make sure that we ant 3 t the right people on board. We are continually updating this with new contractors and suppliers that want to be involved in projects types and sizes similar to this Project. Furthermore, through our PM at Risk efforts in and around the Southern California area, we are familiar with the Iota! bidding climate and conditions. IAC `,a',e a V. ;y ti:" c proven which mitigates room for error during the bid procg[s. Staff is pulled in from the field and organized in a fashion where each team member i< r'-5pon- -JLi.� F,,. :3n :_ to ttvc. trades Thy- i,iniaue part of this process Is that these Ind !duo jri'y handle those specific trades tirne and time again on multiple bids se that it becomes second natu-e. Along vith their' project management and estimathug knowledge ihi� ol'oress -'h mi.`mn�_ Pp bet:"Jre section three I Program Management Approach akk, rls OAna HalehU f'n SWtian d Tranno Center Cool Peood a[xaul war sNO.m NW.W tb:vnam 0.W 55.W1W YrtX.W,m w•aa 51.9A.W FYI.w PwryaPMtt nW SaO.mm.W SrelWm INSWx.m cln:6a Pavw S3.�M M1xma m. ouFaPwn S1IW.W WBM W xeuwmcm Yffi.rxrw WcE1L4Y rYWbn WM NSi[OW NFe]:Ym SufiCmi >ha+ 5 W FNti9eamrvp:wrnl USUm . �q�Wlatw Pmin EUMWVnem`i m�wnx maK mw U.W.w NG. ID W wmnm Eafnnuiu Cawain �W Ntla,nW YrKOnPCwa $dYYmlmmT'n SmiW i�aZ ®m Wa�tmnatl �.WmmWm. y)Nm �ar0'4�dm+ mn.�o .wFinaYd.w.mcwn NFN.� Nudm auZN.N SVY64nm9apCnU y�<6w1 6cENp amanddFerdr tLRF] :yxaK Iexdx ml CpRni. PBixmmpar SrAtm SVRPn:ppM1Er IF USmI 654 x.m WRYIS Ym r EnmbLLF549:ummn CdeFB mmTryMgr.,.n vein U3N.N SWynm 4mF9 IvIICmI :rID W Mm++ Ublm 1dXr ;'. ailYNda T M,M /er %5tluma Beryar U6AN.W SIAx.W W- Ra waw MbF6mut MHVEaPPYnPo WON ISNY.wI Gn rMSndixry. waix 6dxm �/Ia.b EVUel trn uv U.9]!W Cwr!®' �_Wa'grOMxrVY:mY War N66 W UErm w G:ae:rs4 Example of our Cost Control Spreadsheet a "subject matter expert" for their assigned trade. They develop the right questions to ask in order to ferret out any potential misses In scope. By going through this process, on bid day when numbers come in we and the City can feel comfortable that the sub - contractors' proposals are complete. Bids are then opened by the City's staff and contractors then selected. Please see example of bid matrix. r,c:j Project Schedule: Once bid 1p rkages are in and the sub - .;:,t;.a F La.•,;° h nn sale t '� :,° the Lie process o{ relining ow- scnedliie co tlmefrarrr se ^t forth by the Gtv. Z:% cwrd n..uwun:Wa. war sNO.m NW.W CdbpB RxWYF 0.W 55.W1W SSMN ', b�EYRa 51.9A.W FYI.w GPid MG4e:MCgpSgtMryn nW SaO.mm.W SrepMW <pid0.awtl Fam90 VEEr S3.�M 52%U6 bwVnPO<^VO1MnOOa� S1IW.W ]f4AW 54�IW 58,N].Of WcE1L4Y rYWbn WM NSi[OW N.PWm Cpiblrar¢wWWWAa:aq 5 W ttdnllm:v YlAm Fit SI.SO6 SVN �q�Wlatw iep NYq:ucltmnmrenx NG. ID W wmnm Eafnnuiu Cawain xFAGC Ntla,nW ' VAG4L y9.]W.WI We will hold a series of working meetings and Prepare an initial construction schedule that fits within the construction time frame developed as part of the Master Schedule. Should items arise that negatively affect the construction schedule, we will work closely with the contractors and the City to ensure that any detrimental impacts can be reduced or eliminated. Addrtio;:ally. using the information provided by sub > -:aas, the project schedule will be cr) r^onthib basis. Monthly project b.> ioiwaided to all prnje <;t team mr rnibers for their use. This allovis the City the abri;ty t.i accu!ately dep—t. the flow of the project resocn l;!y := o;:�municate m the Sent ^, r..cMR_, _ raf` O'• them projected move ip date =. Cost Control: :._ a i:i; n'cd i.k. Our- `.__:.. r':rf rx; fessr:n£,�s bie or de'Jeioping ed section three Program Management Approach tracking and reporting methods necessary for the needs of the Proiect. Cost control starts with a thorough: revieo; of the construction documents, and a complete bid pa, i:age document that is properly word ;nateci. To a large degree, ;:.;st control during construction dependS on: • Schedulina • Field Coordination of Trades • Timely Infoimation Plow • Proactive and Creative Approach to Solving Problems Our detailed coordination efforts result in doing it right the first time. Our team approach to problem solving helps prevent delays and therefore controls costs minimizing additional expense. Our ability to structure and coordinate the bidding process helps eliminate holes and overlaps in contracted scope. We monitor project costs for both total and individual subcontracts. This monitoring procedure includes perf.wmance of the following tasks: • Establishing a GMP (done in design development during Phase I) • Establishing methods for tracking and measu.nn,g prp;ec* cogs • Tracking the Sub- contractor's monthly • Tucking a.ry _ Orders submit their monthly pa-,r:,err each request for -y = ':i . _.:nr: -�:4 !- ...] th2 actual .Fork in 7t .-quests .;ill I! ;, corm, - d art_ r: !r:oniny yayment request �'J!'. he "It, roulgh drafi of the payment. ih2 RCA and the 3.3 %ity- A meeting will be held the first of each month to revie,, the draft application. After this meenng, a final payment request will be produced and submitted for payment. .Additional Cost Con trol %C hang e Management: VVI,en a contract modification, whether time or dollar, is requested by the sub - contractors, a file will be established in the document control system. All correspondence involving he modification will be stored in this file so each team member can review the status of the modification and obtain the most current information. If the contractor submits a formal Contract Modification Request, our team will review the request for its compliance with the contract documents, impact to the construction schedule, and the validity of cost. Should an issue arise during this review; a resolution meeting will be held between our project team and the affected sub- contractors. At the completion of this review, a written recommendation, along with any contract modification documentation, will be forwarded to RCA and the City. All resolution recommendations are made taking into account the change requested as well as other more cost effective ideas addressing the change based on means and methods and where we are in the construction phase. Sometimes this can dictate how we approach changes. Document Management Control: There are numerous elements of the Senior Center Pro ;e:.t that are going to need to be closely managed for the project to be a success. 'Pie.vill manage ea':^ o:` these elements and continually update ail of the Project Team Members and the Gty using a web based Expedition reporting system. Using this reporting > stem al!o+.•a each member access to the up -to -date, ac: —late information the'v need for p,.i,i�,. r ec ;,- , making. The Dockimeni Control, Syste:rl of,13nize dCCUment,s col leftnd during the i;f= of th-- pruiect>, as well as -be section three Program Management Approach . ... database recording of all project documentation design intent, as well as complete coordination to allow: with the assigned inspector and other City testing agencies making sure that what vie • Tracking deliver back to the City is precisely what was • Retrieving originally envisioned, • Cross Referencing of Project Information Primavera Expedition will be used to organize and integrate data for the administration of contracts and as the documentation control database. This System will also allow uniformity in the Document Control process to ensure that all project records are delivered to the City in the same format. Quality Control and Assurance Program. Explair, Methods And Practices used to Ensure Quality Control During The Construction Phase of the Project. Quality Control: We understand that all involved in this project want to see that it's built with the finest quality. This quality control process really begins in Phase I and is carried out through the construction of Phase II. One of our tasks during our review and coordination of the specifications with RCA to ensure that the requirements are rigid enough to allow high quality construction work but yet not so rigid as to incur unnecessary costs. Quality control is a con'ipany a!Iture. It Is based on this attention to detail that allows us to build long iaStrng partnership, viith our clients, it starts with effective communication RCA and the Gb, ihroua!- Prog:arr. ur :derstandinig. We will make it a parr of our project team rneetings early on. ir; the field it becomes part OF on site weekly meetings involving spot checks in the field. In order to 2> abl sh the expeCa'd live! .. f qua'it,v on the project, we ^iili rondul -: ore - installation GDnf- ren;_I -s to ensure CCm P:101PCe y :.,ith 1-hi- .3 i This quality control process gets back to cut- documentation and reporting mechanisms. Communication with RCA and the City when quality issues are identified is part of our "Quality Control Process." Necessary adjustments are made immediately. This process becomes successful when managed correctly and surprises are eliminated. We hold a "Preparatory Planning" meeting with the contractors prior to their beginning work. The meeting will typically occur on -site and will involve all relevant project team personnel. This meeting would be lead by Kim Harvey our Project Lead. Typical agenda items for this meeting include: • Safety • Quality Control • Administration (weekly project meetings, insurance, work hours, schedule and deliveries) • General Project Requirements (long lead items, manpower review, equipment type to best facilitate high quality and high production) planning rreetirc is to set the stage with the contractor so that tney full•! understand •�ihat is expected of then, cn the prulect. [t con;pliments the contract, Job information and policy brochure and mcs' hInportantlw the superior quality standards that are ex .Petted, the system begins with ,..'sis ulzicr;n, but u.m.irlues throughout rile consr.rucC,on process by repeated spot checks Uy th? :OF" m. section tF1ree I Program Management Approach Project Controls and Reporting: It is Important that ail reported data accurately reflect the stae_rs of the project. The e >tabli ;hmcnt of protect controls and reporting systems to accouot for and report on the project's progress, as measured against the standards estaofshecl d�_iring the onset of the project, will he a prioritp. This system can involve both web -based and printed documents,. according to the needs and desires of the City. A single system for both project management and reporting will allow the City, RCA, and the construction team to utilize the same data. This allows continuity In team communication and eliminates wasted time and dollars do to multiple parties conducting duplicated tasks. Daily and monthly reports will be written to provide a summary of the project, the progress and the current status. Project Safety and Security: Safety within the construction site is of the utmost importance. Our safety program is designed to aid employees and contractors in adhering to safety standards in the work place. We will verify that a comprehensive project safety and security project plan exists for each subcontractor. Typically, we focus on the following: • Employees • Hazardous mate ;iais • Flno� of workers, materials -.).id deliveries try the construcbon zones • Utility tie -ins and selctCtive demolitJOn • General P:_lolic Our current Experlance f-1odihei Rate (EMR) of .73 refle ; =ts our attentiof: to de *ail and our ability to uphold high Q4ei:%i standards. We take a ir:asGOn Bible ,, practices. Our approacn ss to help encourage and fadl tate week:,; `;iinate m- etings'r. the field with the COntl "aiad %c. b: d%scuss safety tonics and share c- ,t pra:'t'ces . Information Tracking /LEED Document Tracking: The flow and the request of tracking information Is a key element of the project management process. I*, is essential to have a formal process for documenting answers to questions, and answers to the various requests. We will place a high priority on the fol'owng elements of the process. • Promote Open Communication with all team members • Record all questions and manage those that require action • Coordinate response from the partner team • Photo documentation of every aspect pertaining to the construction and LEED silver Certification • Take pictures of erosion control measures employed during construction • Keep accurate records of waste management and the amount of materials that are diverted from landfills (LEED Certification item) • LEED accredited professional on staff who understands the credits and the documentation needed during construction Submittal Management: As the Project Manager at Risk we will carefully review each submittal for compliance and coordination with all other disciplines, A submittal will not go through without a thorough review. We will strive to identify and solve the maiot ;ty of problems before the activity ever starts. All dra. -�.ngs and specnccahon submittals: as as any other design related d0cumcita`'v , >i!' be logged into tills pi'Cgrarr: for tracking the process from the start of these items cc comoletirn. section three gkk F4. uop R.1.'PE. r2r newPm..: mel¢ wnm 4p`rmem 3100, -'r Bl.e �Iloy1 T\[ (W.—I A.[ u r w w oM Sreu BegbY rt 4 T ti., C.eler Xletuk wM sort The ""' or tertntly I xM trAwa s[nAUk Bi—d'[ C—so aL U,gea tlt �mtmp[alnlig:m le odnm lmrgM. ,is,e nM.[e n m w u,da s w.s— a.s, n,n wwe rty 1o,s sire "'oo m BmwrG Cannxt }v CnsnF UN[:.' (COR sWt0. W CBR a'101 wd CIwBe Ordn N (CDR its ud COR .EI1 Ifi: rnimsld as:e of mmptnion Rr lkmsnls amm s=Md,le u npeelN 1e Cis n -sire UoJi'und W.'- sane n Y9W sumpine. xmk trot w de Torch Pauu wm:vdinF IM1e I— Tnisuog 3'maes 1Te Msie B.M., Sor—iisnneis,:pine E.1- 11 ::umesw[clmelo an:pini nisn xclvd< amlWN SI 1amn. glvfng sntl pant 0.uugp.ln insallnim o(M[V ISWu rnvpine. W ielnv finieM x npvmg fw'aN Site <aw' wall..d1,.h tl:ia 1neI - iMWing N. n.:rnl.I.m.-.na I.In:,�nr gmn.anm. Bug.n The -s. Lenerv( Cvnuun C,m fm Demist C--- wu S II. W. Tlu —1 to:mylle< con m axles 56,S.1g,lE3 wl i-looes SI),36 (w Clwnge Qaer aav ]M fn Csg QM I.a)) W CMe e3. ssS.a1 is, Cg 0. N. ( I.".) (os Cnnge soar .).. S6asa (w O snge q M. AuMioo 56.i95.W3 norge Drhra S. 111 i.iwra ayson Torwk w.slagn Document Logs: Program Management Approach C--'[ Tumss Pu.emsnt I•C- -T— J,,,ConnateT- Inrougn the use or the Expeoition 7ystern, we will log each and every clOCUment that is produced during the construction phase. We will also publish a quality control log, to assure that all work meets or exceeds the standards prescribed via the construction documents Submittal /Material Delivery Control: T:-.E uansnntcal an -: :_ _ r :.,l'.. ,• :_(- �t.;tr�E - ,...o• -: aro I_ieed by ^Llr lezi r,- hL..,. tra_b an'. rra tat d: =1 an automated trackir t: it All snca :i'3,,:1 n:, and other sul.;mttta'a aye [rack. by the including rifirmaticir subm.rtal in and rrv:rr subcon[ractors, si:ppher;. anC. aporova ; f-crT the City and RCA 30 gkkworkc Ta deu. it Draw q3. SS,T36,036 uF lvul prmwts r Peen tth wiN leered 51 mlr nmb TEia B ranurcv wiN IM1e [mnplCebwuk in Lie fiN:l Acual to dau $5.114034 "its, sw ci, <irns Rosy l of flints" Maurah is a wired, sue to d1e W 3 Drawings bong --d lw mmTroun Ieestly, eRn pAC rOry of Newport tlezcM1 «vision CwNwanon wiN Ile Gwm1 Contractor Fm de Trvwng Tow an wn starting Is besane. niacin. The Training Tower wl l nut is.11ow[d In surce -1, N�xmnd oeek orsuly. doe to roc Calnete Tarmac's "taint evse one G" predlsu Ines the Sono Ani rvnghrs Tnlein6 Tower wdl not be wWisisd wlil Ne Nird week of S ,Ian x r • CooNin¢wn ofNC Upca:ningunLry inuellniuns u viucel waM pmjed finulting an time GKK and Ben Wa ue wmkiugdiligmdY w aswrc WI Noe vtimes finish in time If you Nre my Quesllotu m contains please feel hse wsonuct Iu. gillmrdY, CKKWORKS, Ldc D Stores ['onwnnn A.Wg L'+[I ".,Schedule Cost Pq rt Cr John TS[huthn File The Document Control System will: • implement the estaoilshed hie coding system in recording and archiving project documentation. This allows for quick and easy access to various aspects of the project. • Receive, record, track, and maintain on site, in an organized manner, all contract correspondence; an approved record copy of all drawings, specifications and addenda; au AiE acVic%ed subrrittals, slrlp cPa: :'ings, product data and samples: and all preliminary and approved Change Orders. In addition, the pocument Controller shall maintain all ;:ontiacts, RFI's, purchase invoices f.--,f materials and equipment, applicable handbooks including Titles 21 and 24 of the Cal(ruro3 �..Ide or Regulations. the Z-aldornla Unlfi;rm 6uadmg Code, referenced standards, notices, survey records, inspection reports, dz- tiab:.a notices, and Dther project related Section three I Program Management Approach documents and correspondence including a record of all changes and revaions made during construction. • Code and file all outgoing and incoming correspondence and contract documentation. • At project completion, deliver all records to the City of Newport Beach and deliver all record drawings and suivey documents to RCA so they may complete the "as- built" documents. A Photographic History of the New Oasis Senior Center Each month, our Project Lead will take digital photographs of the project to help in documenting the construction progress (essential when obtaining LEED Silver Certification through the USGBC process). With these photographs is a keying system tied to the project drawings so any individual will know exactly where the picture was taken. A file will be established in the project logging system, which will include the keyed map and the monthly photographs, so each team member has easy access to the photographic history of the project. Progress Reporting: Each month, our Project Lead will publish a monthly report. included in this report are • Overall Schedule Update, (included completed terns for' the pr <.v ous nIonth and a 1 -month look ahead), • Project Finartciai Reports, • Progress Phorpgrapn6, • Idendflcanon )t any Ciirirai lsstieS. • ropy or the Proiect Logs. • Thic re ior' w t tail r' I to) weet the needs and re:�Ui:'elliera�, Of' %1? 1:i.y, (Sec Exan:pi.�, 3 7 Claims Management: A claim on a construction project Is usi -ally the result of a serious misunderstanding within, the construction team of Architect, 0;iner and Contractor: These can be costly, but are unnecessary if the bid documents are thoroughly understood by the pub - contractors bidding the protect. A. wve!i- prepared and rhwoughly coordinated set of documents will make bidding easier, reduce contractor errors, and will contain all Information to fully communicate the design. Complete and accurate construction documents are the first line of defense in minimizing change orders and claims. Our collaboration with RCA in Phase I of the process mil help eliminate any surprises. Our goal in claims management is to identify and resolve problems on paper ire the pre - development phase before they become cost problems on the construction site. Final As -Built Tracking System: The tracking of Final As -Built documents begins as soon as the sub- coptra tor; are selected. As a function of its duties, our team will coordinate and supervise the contiactcn's obligation to provide as -built documents and therefore will be part of the revlevi process of the various contractors' monthly pay request. If necessary, we will provide recommendations to the City iegEirdin,g 0;i!:nho1dr:g part c, all of future sub - rniiiractor oayrnents due r a lack of acceptable d(,,almeot's. Project Closeout: C! ^�e•:; �,�C and car^ ronsidered r , of r;,c rionr di ul to a'_hievc. in any project. 01 .:r proje.:t rl,)S.- .�ut strategy is one that .- �j- - - ,,:eye. Our coi'po ate culture i= :Jne t"hich the. process is a continl:4.tl on Corm_ ,,F0 I;' t0 tln, 'o Ugh construction. i 'i'-1 ;9 unrecessa. -y section three I Program Management Approach "lingering on" of a project due to poor planning. Des-ri e any unoq�,je auahfrcar,oe% as they This ultimately costs money and can be avoided =rta?n to this partc::lar early on through the process. We accomplish this through teamwork with the sub - trades that promotes a sense of fairness to all parties, maintains good communication, positive attitudes. tenacity, and resolve Our role and track record in closing out projects successfully and on time is superior. Successful. contract closeout will be made a priority by our Senior Project Manager, Kim Harvey and our team and is a company wide key focus as well as a philosophy to successfully guide the City and contractors through this very important process. We have developed rigorous closeout procedures resulting in strong solid business relationships; a wealthy base of subcontractors /vendors, and most importantly, satisfied repeat clients. Our success is a direct result of the determination and dedication of our proposed Oasis Senior Center Staff, and a valued company wide work ethic to serve the City's needs in bringing this project to a successful and timely closeout. As part of the closeout we wili ensure that the contractors have completed: • All of the identified punch list items, • Confirm that all of the equipment and furniture installation is complete to the City's satisfaction, • Senior Center Staff has had appropriate train:r:g and and systems, • As -built drawings and 0 & M Manuals are complete and have beer, forwarded to ;?;e proper parties • Au financial terr_; with the sub- contracto s have been addressed 3R Program management capabilities, ekkrrorks has more than 17 'years of program management experience in designing building and managing public works projects. As described throughout our proposal, we have recently worked with the C %ty successfully completing the Newport Beach -ommunity Center and Santa Ana Heights Fire Station and Training facility. Our staff who worked on both of these projects 'Kim Harvey and Eric Stones) have developed a successful working relationship, knowing the policies, procedures and standards set forth by the City enabling us to seamlessly start immediately on the progression of this important project. section four I Financial Resources And Legal Issues Demonstrate the ability of the proposed Team to provide the requisite bonds for the direct cost (Phase 11) component of the GMP, 3�Ii iv t0; S;A��iJ�i:Tt3S December 28, 2007 gkkworks Construction Services Arm! James E. Staley 2355 Main Street, Suite 220 Irvine, CA 92614 RE: gkkworks Construction Services — Letter of Bondability Dear Jim, Maloney& Associates 4 6 Wen (;,.,,,d A'e,a, B. .N k, CA 1)20-'5 '60.7 18 4,10 lay `60 MRM—, f Ni7iJl:i We understand that gkkworks Construction Services is in the process of Pre- qualifying for various construction pidjeets4hat may require bonding. As part of the bonding process, gkkworks Construction Services may be required to provide evidence of your financial capability to obtain and maintain the necessary bonds to cover its construction projects. Safeco Insurance Company of America has had the pleasure of handling gkkworks Construction Services bonding requirements since 1999. Safeco Insurance Company of America enjoys an "A" rating by A.M. Best and appears on the "Treasury List" as published by the Federal Government and they are considered an "Admitted Surety" in the state of California. gkkworks Construction Services is an organization with available bonding capacity of $30 Million single project / $75 Million aggregate bonding facility. Based upon our normal conditions being prevalent, we can foresee no difficulty in fulfilling requests by your organization to execute faithful performance and labor and material bonds, as required by the terms of any contract awarded to them in the price range outlined above. You understand, of course, that any arrangement for the final bond or bonds is a matter between the Contractor and ourselves and we assume no liability to third parties or to you if for any reason we do not execute any required bonds. This letter is not an assumption of liability, nor is it a bid, performance, or payment bond. This letter is issued only as a bonding reference requested from us by our client. Please do not hesitate to contact me with any questions or for further input. Sincerely, f �^ Matthew C. Gaynor Vice President Maloney & Associates Insurance Services 9M section four I Financial Resources And Legal Issues Provide details of any past or pending litigation., or claims filed, against the bidding firm related to work performed for public or private agencies, or in actions that may affect its performance under a contract with the City. Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If so, specify date(s), details, circumstances, and prospects for resolution. gkkworks does not have any pending litigation, or claims filed, related to work performed for public or private agencies, or in actions that may affect its performance under a contract with the City. gkkworks is not in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. 40 Section five I Agreement To City Contract Terms and Ability to Obtain Insurance Identify any conditions or terms of the City' Professional Services Agreement (PSA) for Phase I (see Appendix 6 to this RFP) with which the Firm and its team does not agree, including terms which the firm wishes to negotiate. Please note that the City will be very reluctant to make changes as we feel that the City's current PSA represents a balanced and fair approach that has been acceptable to the engineering and construc- tion management industry. We have reviewed the sample contract provided by the City and have no items that we would take exception to. It is understood that there are optional provision items shown in the contract which are to be exercised as part of the Phase II work agreement. Provide specific assurance regarding the Firm's ability to secure insurance that meets the City requirements. We have reviewed the insurance requirements and we can assure the City that gkkworks can secure the proper insurance that meets the City requirements. Ell Section SIX I Phase I Fee Proposal PHASE I FEE PROPOSAL (in a Separate, Sealed Envelope) Provide your fixed fee requirements for the work of Phase I, ending for the delivery of the Protect. Identify a not -to- exceed allowance required for reimbursable expenses, which are to be billed as actual costs up to the not -to- exceed amount. The proposal shall list specific work tasks and associated hours, meeting allowances, deliverables, and other applicable activities. Specific responsibilities of each team member shall be detailed along with indication of percent of overall time available to work on this project. Provide hourly rates used by job title for the key Team members, for use in the event that additional services are required beyond the identified scope. No such additional work is to be undertaken unless specifically requested and authorized by the City. It is the intent of this RFP that all work related to this Proiect as outlined in the Scope of work will be performed for the base fee requirement. Please see hourly rates on the following page. 42 section six I Phase I Fee Proposal Schedule of HourlV Rates for Proiect Management Services Position Hourly Rate Principal $190 Regional Manager $180 Operations Manager $180 Project Director $165 Sr. Project Manager $145 Project Manager $140 Sr. Construction Manager $155 Construction Manager $140 Senior Estimator $140 Estimator $130 Sr. Program Manager $180 Program Manager $160 Project Engineer $110 Project Scheduler $115 Administrative $75 Document Control $110 General Superintendent $180 Superintendent $140 Hourlv.Rate Exclusions Reimbursables The following items are included in our hourly rates: • Wages • Fringe benefits and payroll taxes Workers compensation insurance • Cell phone costs Computers and computer software • Main office overhead costs • Profit • Business license • Office supplies • Progress photographs The following are reimbursable items: • Mileage and travel expenses Room and board costs for overnight stays • Printing and postage • Permits and fees • Plan check fees • Office or trailer lease costs • Architecture or engineering costs • Testing and inspection • Hazardous materials inspection, testing or abatement • Payment and performance bonds These rates are effective from July 1, 2007 to June 30, 2008 43 section six I Phase I Fee Proposal Oasis Senior Center City of Newport Beach Fee Structure ESTIMATING Initial Estimate Sr. PM Dir of PCS Sr. Estimator Estimator Architetect Total DD Estimate Development of a GMP Sr. PM Dir of PCS Sr. Estimator Estimator Total GMP Development VE Study Sr. PM Dir of PCS Sr. Estimator Estimator Total VE Study Constructability Review Sr. PM PM Architect Total Constructability Review hrs rate Total 4 $ 145.00 $ 580.00 4 $ 165.00 $ 660.00 80 $ 140.00 $ 11,200.00 0 $ 130.00 $ - 24 $ 165.00 $ 3,960.00 $ 16,400.00 hrs rate Total 4 12 $ 145.00 $ 1,740.00 $ 16 $ 165.00 $ 2,640.00 140.00 40 $ 140.00 $ 5,600.00 $ 80 $ 130.00 $ 10,400.00 $ 20,380.00 hrs rate Total 4 $ 145.00 $ 580.00 4 $ 165.00 $ 660.00 24 $ 140.00 $ 3,360.00 0 $ 130.00 $ - $ 4,600.00 hrs rate Total 4 $ 145.00 $ 580.00 40 $ 140.00 $ 5,600.00 24 $ 165.00 $ 3,960.00 S'! $ 10,140.00 section six ( Phase I Fee Proposal Oasis Senior Center City of Newport Beach Fee Structure SCHEDULING Develop Master Schedule hrs Senior PM 10 $ Scheduler 40 $ Total Master Schedule Development Monthly Schedule Updates rate Total 145.00 $ 1,450.00 125.00 $ 5,000.00 $ 6,450.00 hrs rate Total Senior PM 4 $ 145.00 $ 580.00 Scheduler 8 $ 125.00 $ 1,000.00 Total Monthly Updates $ 1,580:00 # of Months 2.00 Total $ 3,160.00 MEETINGS Initial meeting to discuss project, overview, meeting with architect, review city program data hrs rate Total Senior PM 24 $ 145.00 $ 3,480.00 PM 24 $ 140.00 $ 3,360.00 Total Monthly Updates $ 6,840.00 Weekly Meetings hrs rate Total Senior PM 4 $ 145.00 $ 580.00 PM 4 $ 140.00 $ 560.00 Sr. Estimator 4 $ 155.00 $ 620.00 Total Monthly Updates $ 1,760.00 # of weeks 1 12.00 Total $ 21,120.00 45 section six Phase I Fee Proposal Oasis Senior Center City of Newport Beach Total Reimbursables not to exceed $7,500 Estimating $ 16,400 GMP Development $ 20,380 VE Study $ 4,600 Constructability Review $ 10,140 Scheduling $ 9,610 Project Management $ 27,960 Total EN $ 89,090 PROFESSIONAL SERVICES AGREEMENT WITH GKK WORKS FOR PROGRAM MANAGEMENT FOR THE NEW OASIS SENIOR CENTER THIS AGREEMENT is made and entered into as of this _ day of , 200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and GKK WORKS, a California Corporation whose address is 2355 Main Street, Suite 220, Irvine, California, 92614 ( "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 a New Oasis Senior Center. C. City desires to engage Consultant to provide professional program management services for the design and construction of the New Oasis Senior Center ( "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 Charlie Merrick. 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 31 day of January, 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 A 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 Eighty Nine Thousand and Ninety Dollars and no /100 ($89,090.00) 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 FA limited and include nothing more than the following costs incurred by Consultant: 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 A. 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 Charlie Merrick 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Stephen G. Badum shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 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 N charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor"), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the 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 the negligence, recklessness, or willful misconduct of the Consultant or 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, active 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 5 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. ■ D. Coverage Requirements. 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 two million dollars ($2,000,000) 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 lirnit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability. Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of one million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. 7 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or. indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured .retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (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. N 96. 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. 97. 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. 98. 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. 99. 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 0 competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 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. 10 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 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 G. Badum 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: Attn: Charlie Merrick GKK Works 2355 Main Street, Suite 220 Irvine, CA 92614 Phone: 949 - 250 -1500 Fax: 949 - 955 -1662 11 27. 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, 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, whetherin draft or final form. 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. 29. 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. 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. 12 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. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: A .0�,c City Attorney for the City of Newport Beach ATTEST: In LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation M Mayor for the City of Newport Beach CONSULTANT: A (Corporate Officer) Title: Print Name: (Financial Officer) Titl Print Name: Attachments: Exhibit A — Scope of Services & Schedule of Billing Rates f: luserslpbwksharedlagreementslfy 07 -061 14 City of Newport Beach BUDGET AMENDMENT 2007 -08 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates �X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 08BA -050 AMOUNT: $s9,o9o.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to providefor the following: To increase expenditure appropriations from the General Fund unappropriated fund balance for Oasis Senior Center program management services. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 General. Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed: Financial Approval: Signed: t " fL'f/Jf/ h� , ninis tive Services Director City Manager Amount Debit Credit $89;090.00 ' Automatic $89,090.00 Date g. Date Signed: City Council Approval: City Clerk Date Description Division Number 7453 OASIS Capital Project Account Number C1002007 OASIS Senior Center New Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Financial Approval: Signed: t " fL'f/Jf/ h� , ninis tive Services Director City Manager Amount Debit Credit $89;090.00 ' Automatic $89,090.00 Date g. Date Signed: City Council Approval: City Clerk Date