HomeMy WebLinkAboutC-8020-8 - PSA for Construction Management/Engineering Services for the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot ProjectAMENDMENT NO. ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH ARDURRA GROUP, INC. FOR
CONSTRUCTION MANAGEMENT/ENGINEERING SERVICES FOR THE
SUPERIOR AVENUE PEDESTRIAN/BICYCLE BRIDGE AND PARKING LOT
PROJECT
THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT
("Amendment No. One") is made and entered into as of this 7th day of December, 2023
("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ("City"), and ARDURRA GROUP, INC., a Florida
Corporation ("Consultant"), whose address on file with the Secretary of State is 4921
Memorial Highway, Suite 300, Tampa FL 33634 with a local address of 3737 Birch Street,
Suite 250, Newport Beach, CA 92660, and is made with reference to the following:
RECITALS
A. On March 22, 2022, City and Consultant entered into a Professional Services
Agreement ("Agreement') to provide various construction and engineering
management services for the construction of the Superior Avenue
Pedestrian/Bicycle Bridge and Parking Lot Project. ("Project').
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to March 22, 2027.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
II=10Ji
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 22, 2027, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN�Y'p OFFICE
Date: 12--5- 2V>
By: �
ar C. r Ms
Ci y Attorney �arsl23
ATTEST:
Date: s A�3
By:
A�-
Leilani I. Bro
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 1 zU2%2—
By:
Gr c . Leung
C Manager
CONSULTANT: ARDURRA GROUP,
INC., a Florida Corporation
Date:
Signed in Counterpart
By:
Lisa M. Penna, PE, F.ASCE, QSD
Vice President
Date:
Signed in Counterpart
By:
Catherine Cahill
Chief Financial Officer and Treasurer
[END OF SIGNATURES]
Ardurra Group, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN4Y'P OFFICE
Date: /Z 5 -23
By: _
gar C. r n7s
Ci y
Attorney
�a(SI23
ATTEST:
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Grace K. Leung
City Manager
CONSULTANT: ARDURRA GROUP,
INC., a Florida Corporation
Date:
By: By: z�� X'( - sd���
Leilani I. Brown Lisa Nr Penna, PE, F.ASCE, QSD
City Clerk Vice President
Date:
By:
Catherine Cahill
Chief Financial Officer and Treasurer
[END OF SIGNATURES]
Ardurra Group, Inc. Page 2
J
I
O
N
PROFESSIONAL SERVICES AGREEMENT
WITH ARDURRA GROUP, INC. FOR
' CONSTRUCTION MANAGEMENT/ENGINEERING SERVICES FOR THE
V SUPERIOR AVENUE PEDESTRIAN/BICYCLE BRIDGE AND PARKING LOT
PROJECT
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 22nd day of March, 2022 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and ARDURRA GROUP, INC., a Florida Corporation ("Consultant"), whose address on
file with the Secretary of State is 4921 Memorial Highway, Suite 300, Tampa FL 33634
with a local address of 3737 Birch Street, Suite 250, Newport Beach, CA 92660, and is
made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide various construction and engineering
management services for the construction of the Superior Avenue
Pedestrian/Bicycle Bridge and Parking Lot project ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2023, 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 ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred
Fifty Thousand One Hundred Forty Six Dollars and 00/100 ($1,250,146.00), without
prior written authorization from City. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
Ardurra Group, Inc. Page 2
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Bradley Waldrop, P.E. to
be its Project Manager. Consultant shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
Ardurra Group, Inc. Page 3
competent practitioners of the same discipline under similar circumstances. All Services
shall be performed by qualified and experienced personnel who are not employed by City.
By delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties"), from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
Ardurra Group, Inc. Page 4
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
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 or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment- The sale, assignment, transfer or other disposition of any
Ardurra Group, Inc. Page 5
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 Computer Aided Design and Drafting ("CADD") data delivered to City shall
include the professional stamp of the engineer or architect in charge of or responsible for
the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses
Ardurra Group, Inc. Page 6
arising out of, or connected with (a) the modification or misuse by City, or anyone
authorized by City, of CADD data; or (b) any use by City, or anyone authorized by City,
of CADD data for additions to this Project, for the completion of this Project by others, or
for any other Project, excepting only such use as is authorized, in writing, by Consultant.
By acceptance of CADD data, City agrees to indemnify Consultant for damages and
liability resulting from the modification or misuse of such CADD data. All original drawings
shall be submitted to City in the version of AutoCAD used by the City in .dwg file format,
and should comply with the City's digital submission requirements for improvement plans
available from the City's Public Works Department.
17.4 All improvement and/or construction plans shall be plotted on standard
twenty-four inch (24") by thirty-six inch (36") paper size. Consultant shall provide to City
digital `As -Built' drawings in both AutoCAD and Adobe PDF file format within thirty (30)
days after finalization of the Project.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
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right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
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25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn- Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Lisa Penna, Vice President
Ardurra Group, Inc.
3737 Birch Street, Suite 250
Newport Beach, CA 92660
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
Ardurra Group, Inc. Page 9
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. PREVAILING WAGES
28.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
28.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
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29.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controllinq 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, State of California.
29.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
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29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Ardurra Group, Inc. Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 392 Z
B
ron C
City Attorney 01
ATTEST:
Date-.—
CITY
ate:
CITY OF NEWPORT BEACH,
a California municipal corporation
CONSULTANT: ARDURRA GROUP,
INC., a Florida Corporation
Date:
By: By:
Signed in Counterpart
�
Leilani I. own Lisa M. Penna, PE, F.ASCE, QSD
City Clerk Vice President
Date:
By: Signed in Counterpart
Catherine Cahill
Chief Financial Officer and Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
a�g-b"1�eflaL�i"airs A"".M#:euLh1�2�id�— SS'^'�•!�:`Yi�®flB�F.S�T.�
Ardurra Group, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'§ OFFICE a California municipal corporation
Date: '4�//z� Date:
4City
. rp by
rne 03 Da+'
ATTEST:
Date.--
ater Zo2Z
By:
Kevin Muldoon
Mayor
CONSULTANT: ARDURRA GROUP,
INC., a Florida Corporation
Date:_ CA /�� ZDZZ
By: �_ SCS By: L%��.1.��-�C • ,. �..��
Leilani I. B wn Lisa M. Penna, PE, F.ASCE, QSD
City Clerk Vice President
Date: 6- _z_
Cathenne Cahill
Chief Financial Officer and Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Ardurra Group, Inc. Page 13
EXHIBIT A
SCOPE OF SERVICES
Ardurra Group, Inc. Page A-1
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
SCOPE OF SERVICES
RFP No. 8020-6 Scope of Services
A. General Tasks — The following are general tasks that pertain to the overall scope of services:
1. Provide technical and administrative management services for the project, coordinate and oversee all activities
related to the construction of the project, act as the primary point of contact with the Contractor, and maintain close
communications with the City Project Manager.
2. Perform the duties of a Resident Engineer and an Assistant Resident Engineer in accordance with Caltrans procedures
including, but not limited to, construction inspection, special inspections, monthly pay quantity calculations,
materials sampling and testing, and monitor compliance with project plans, specifications, and permits.
3. Provide community outreach including, but not limited to, maintaining and updating the City project webpage,
responding to questions from the general public, preparing informational pamphlets and bulletins; and leading up to
four (4) project status meetings with the community.
4. Identify actual and potential problems associated with the construction project and consult with the design engineer
(Dokken Engineering) and the City Project Manager to implement engineering solutions.
5. Maintain an awareness of safety and health requirements and enforce applicable contract provisions for the
protection of the public and project personnel.
6. Maintain project records and documentation in accordance with the Caltrans Local Assistance Procedures Manual
(LAPM) requirements, and establish contract administration and record keeping procedures to be used during
construction in accordance with federal program requirements.
7. Separate federal and non-federal work items to identify participating and non -participating costs and requirements
for each bid item. The OCTA BCIP federal funding application is attached as Exhibit B for your reference.
8. Evaluate cost reduction incentive proposals and provide recommendations to the City Project Manager.
B. Specific Tasks
Task 1: CM/CE Services During Construction — CM/CE services shall be conducted in accordance with the Caltrans LAPM and
Construction Manual, including, but not limited to, the following:
1. Project Coordination and Correspondence
a. Receive all Contractor correspondences. Coordinate with applicable parties, as required, to develop responses.
b. Receive, log, track, and respond to all claims.
c. Verify that the Contractor, all subcontractor, material supplier, rental company, etc., has a copy of and
complies with the provisions specified in Federal Form 1273.
d. Verify that the Contractor is in compliance with the City's Quality Assurance Program and Disadvantaged
Business Enterprise requirements.
1 page
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
e. Designate a Labor Compliance Officer and perform labor compliance tasks including, but not limited to,
employee interviews, confirming apprenticeship/trainee requirements, and verifying certified payrolls reports
against daily reports.
f. Participate in federal compliance reviews with Caltrans Construction Oversight Engineers.
g. Coordinate project controls and office engineering.
2. Schedule Management, Progress Meetings, and Reports
a. Closely monitor construction progress and keep the Contractor on -track to meet the construction baseline
schedule.
b. Conduct weekly, or as necessary, construction progress meetings with the Contractor. Prepare meeting
minutes and distribute to all parties.
c. Prepare daily inspection records and weekly status reports, submit monthly progress reports to the City Project
Manager describing key issues, cost status, and schedule status.
3. Progress Payments and Change Orders
a. Review and approve quantities submitted with monthly progress payment requests, negotiate differences
over amount, and process payments through the City Project Manager.
b. Determine if the bid items qualify for federal reimbursement base on the federal Bicycle Corridor
Improvement Program (BCIP) and Congestion Mitigation and Air Quality (CMAQ) fund requirements.
c. Receive, analyze, and recommend responses to change order requests.
d. Use the City's Progress Payment and Change Order spreadsheets to process monthly payments.
4. Material and Shop Drawing Submittals
a. Develop a list of required submittals.
b. Receive, stamp, and log submittals, review and approve or distribute for review as necessary. Coordinate with
the Design Engineer for information as needed.
c. Develop and maintain a submittal log to identify parties responsible for review and acceptance.
d. Review material Certificate of Compliance and verify Buy America requirements.
5. Requests for Information (RFI)
a. Receive, process, and monitor RFIs from Contractor.
b. Prepare responses in a timely manner.
c. Coordinate design related RFIs with Design Engineer.
d. Develop and maintain an RFI log to identify parties responsible for reviewing and responding to the RFI.
e. Conduct meetings with Contractor and other parties, as needed, to reach a resolution.
2 1 page ^
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
6. Construction Observation/Inspection Services
a. Provide construction inspection on an as -needed basis to assure that construction is in compliance with the
Contract Documents.
b. Coordinate construction issues with Caltrans, Design Engineer, utility agencies, and the City Project Manager.
c. Identify, arrange, and pay for all materials testing services. These services shall conform to Caltrans
requirements or otherwise specified in the project plans and specifications.
d. Provide inspection during non -working days to confirm stormwater quality best practices remain in place,
traffic control devices are in place and operational, and site remains secured.
e. Provide special shift night work for up to 15 days.
f. Provide overtime as needed for up to 80 hours.
Task 2: Post Construction Services
1. Compile and complete the punch list.
2. Review and verify as -built mark-ups by the Contractor.
3. Prepare project closeout documents per Caltrans and FHWA requirements.
4. In the event of a state and/or federal project audit, provide all documents as required and attend meetings with
auditor. Audit may occur within three years from project completion.
Project Schedule
The services shall be provided within the schedule described below, from the date of the Notice to Proceed:
• Preconstruction Services: 15 Working Days
• Construction Services: 320 Working Days
• Post Construction Schedule: 15 Working Days
• Audit Assistance: As needed within three years from project completion
Consultant's Detailed Scope of Services
Ardurra Group, Inc. will provide full-time oversight of the Contractor through the performance of project inspection services,
special inspection services, and construction management in accordance with the Scope of Services included in the City of
Newport Beach's RFP Number 8020-6. Ardurra's construction management and inspection services are proposed from start to
completion of the Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot [City Project No.:15T09; Federal Project No.: CML -
5151 (031)] (320 consecutive working days) to oversee, monitor and document that the Contractor performs all the necessary
work as described in the contract documents, as well as other tasks identified herein. All work will be performed to the industry
professional standards and will reflect the thoroughness, attention to detail and professional knowledge expected in overview
of all the associated construction phases.
31page
ARDURRA
EXHIBIT"A"
SCOPE OF SERVICES
City of Newport Beach CM/Engineering Services for
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
Ardurra will provide a project manager/resident engineer and construction inspector during preconstruction, construction, and
closeout for the project. Ardurra's project inspector will be onsite for the entire duration of the construction and as needed for
closeout of the project. Ardurra is responsible for the scope of services listed below. Ardurra will collaborate and work
cooperatively with the City's Project Manager assigned to the project.
The typical workday includes all hours worked by the construction Contractor (assumed 320 consecutive work days). The
construction Contractor's operations may be restricted to specific hours during the week, which shall become the normal
workday for consultant personnel. The consultant project manager, with concurrence from the City, has the authority to
increase, decrease, or eliminate consultant personnel work hours dependent on the schedule and requirements of the
construction Contractor.
Contracts for Public Works Inspection: For contracts involving public works inspection services, Ardurra requires the
awarding public agency to complete DIR form PWC -100 solely for Ardurra Group, Inc., as the Prime Contractor specific to the
awarded contract name and amount.
ITIM:00me
The Ardurra construction management and inspection approach and methodology are designed to safely deliver a high-quality
project, on time and within budget. The firm uses proven methods for performing the multitude of tasks that dictate the
success of a construction project. The Ardurra team fosters productive collaboration and cooperation among all stakeholders,
from the Contractor to local businesses to residents. Potential challenges are proactively identified and addressed before they
become significant budget issues and schedule delays. CM and inspection services are delivered by proven professionals with
solid track records of success. By utilizing Ardurra, clients are kept informed on a real-time basis and know that Ardurra's
guiding principal is to always act in its client's best interest.
Construction Management Services
Ardurra specializes in delivering construction management services for the successful and efficient completion of public agency
projects. We deploy time -tested procedures and best management practices for the most vital project elements:
• Safety • Change management • Documentation • Labor compliance
• Public outreach • Claims avoidance protocol and • Project commissioning,
• Schedule • Budget and cash flow communication acceptance, and closeout
• Measurement and payment • Utility coordination • Quality assurance
Not only is Ardurra successful at delivering CM and inspection services, but our CM and inspection professionals are considered
leaders in the industry. They are frequently engaged to train public works staff and develop or improve standardized public
works department systems and procedures that incorporate industry best practices across capital project and development
permit delivery.
Preconstruction Conference
Ardurra will coordinate and conduct the preconstruction meeting. This will include notification to the Contractor, utility
agencies, and other stakeholders, and prepare the meeting agenda and minutes.
4I page
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
The agenda and minutes typically include the following items:
• Introductions of key personnel
• City responsibilities
• Safety
• Project overview
• Confirmation of fully executed contract documents and Notice to Proceed
• Establishment of contract time and completion date
• Review of Working Day definition and holiday schedule
• Common overall project goals will be identified
• Chain of communication and key contacts
• Public relations
• The scope will be discussed and clearly defined
• Critical design elements, schedule, and cost factors will be discussed
• Experience and key roles in the project will be discussed
• Past project experiences will be discussed to identify potential pitfalls
• Jurisdictional agencies and the Contractor
• Discussion of master schedule
• Subcontracts
• Integration of utility coordination activities into schedule
• Documentation and tracking controls
• Change order procedures
• Scope, schedule, and cost change administration, notification requirements and controls
• Submittal and RFI process
• Identify long lead and any substitution and/or equal items
• Inspection and testing — review call -out requirements and deputy/special and testing requirements
• Review survey for consistency with the design
• Progress payment procedures
• Labor compliance
• Rights-of-way
• Easements and special access considerations
• Placement of signs
• Questions and answers
• Action item assignments
Ardurra considers the preconstruction meeting as Progress Meeting No.]. All items discussed are designated as "open" or
"closed." All open items are carried forward to subsequent progress meetings until resolved and closed. Action items are
assigned a specific responsible party and a deadline for resolution. Each progress meeting is clearly documented with detailed
minutes and distributed to all attendees and affected coordination parties. Ardurra will typically conduct or, at a minimum,
5 1 page
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
participate in all site meetings. Preconstruction meeting and site meeting minutes will be distributed via email to meeting
participants and to courtesy recipients identified by the City.
Construction Progress/Coordination Meetings
The following meetings will be held on site, as required:
Periodic project team/stakeholder meetings will focus on the following:
o Progress during the period
o Major decisions made
o Planned vs. actual schedule
o Upcoming work schedule
o Current or unresolved problems
o Anticipated or pending change orders
o Impacts of problems or change orders on schedule and budget
o Discussion of new goals
o Planned vs. actual budget analysis
o Scheduled concurrent with a weekly meeting to save time and cost
Weekly Progress Meetings — with typical agenda including:
o Contractor's detailed four-week look -ahead schedule
o Progress and major decisions during the last week
o Update of unresolved items from previous meetings
o Status of submittals and change orders
Special meetings to discuss important/urgent issues or which require detailed discussion or review of plans and
specifications
Safe Conditions
Ardurra will monitor project work and adjacent areas for unsafe conditions, promptly require corrective measures to be
addressed by the Contractor in compliance with the contract documents and report such issues and corrective measures taken
to the City. One of the most pervasive job hazards across all public works projects is construction adjacent to live traffic lanes.
Ardurra inspectors are intimately familiar with monitoring and enforcing proper traffic controls per the WATCH handbook,
MUTCD and/or project -specific traffic control/traffic handling/detour plans. Inspectors drive and/or walk the project limits at
the start, during, and before leaving the site each day to monitor proper and/or necessary corrections to the required traffic
control measures.
Field Public Relations
Ardurra's RE/CM and inspector will take a lead role to address public relations concerns. All inquiries and issues will be listened
to and documented with accurate contact information for prompt follow-up. Feasible mitigation and public relations measures
to issues identified will be implemented immediately to minimize impacts to the surrounding public uses.
The RE/CM and inspector will work with businesses, motorists, pedestrians, cyclists, and residents to address issues
expeditiously for resolution in the field whenever feasible. Any issues that cannot be immediately addressed in the field will be
communicated through appropriate protocols with recommendations for the most efficient resolution. Ardurra will expedite
implementation of the solution that serves the project's best interests, as mutually determined with the City, Contractor, and
affected parties.
6 1 page ^
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
Office Engineering
Office engineering duties will include attending meetings to take notes; preparing meeting minutes; updating the weekly
statement of working days; tracking and logging all preliminary notices, stop notices, releases, correspondence, submittals and
RFIs; quality control of inspection reports; prevailing wage inspection labor compliance administration; and change
management documentation. Office engineers may also be asked to assist with the review and analysis of schedule updates,
RFIs, submittals, and cost estimates.
Quality Assurance
Ardurra will enforce the Quality Assurance Plan, in conformance with the City's quality assurance manual, or as developed by
Ardurra and the City for the specific needs of the project. Ardurra will perform and/or coordinate QA/QC activities daily and
review activities as they happen, to make sure that QA/QC procedures are followed and deficiencies resolved in a timely and
efficient manner. The Ardurra inspector will visit the site on a part-time or full-time basis, as required by the City, during the
normal working hours and when critical activities require to verify construction progress and to verify that all work conforms to
contract requirements. Deputy and special inspection and materials sampling and testing will be coordinated and provided as
required by the final plans and specifications. The Ardurra team will monitor testing services, track documentation, and review
testing results. Ardurra construction management staff will also review test reports (certificates of compliance) submitted by
others to substantiate compliance and ensure that certificates of compliance or source release tags are furnished by the
Contractor along with the applicable delivered materials at the project site. When necessary, corrective measures will be
implemented and re-inspected/re-tested to verify acceptable completion. Ardurra will reject work that does not conform to the
requirements of the contract documents and will promptly report unacceptable work to the City and Contractor. Rejected work
will be thoroughly documented, photographed, and tracked until repaired or replaced to the satisfaction of the City.
Land Surveying Quality Assurance
A two -person crew will perform quality assurance survey checks on an as needed basis for up to 8 regular shift days to confirm
line and grade for slope construction, confirm proper survey control and confirm accuracy for dimensions critical for the proper
installation of proposed improvements.
Independent Review Items
Independent review and oversight of the bridge removal plans, review of CIDH placement plans, review temporary works
(falsework), trenching and shoring and other bridge and retaining wall submittals and their implementation.
Materials and Workmanship
Ardurra CM staff will recommend approval of materials and workmanship that meet the contract requirements, in coordination
with the authority of the consulting engineer, architect, fire inspector, deputy inspector, or other authorized representative or
regulatory authorities having jurisdiction.
Inspection Services
Inspection services will include, but are not limited to, the tasks listed below and will be performed daily.
• Review and familiarize contract documents.
• Participate in preconstruction meetings, other meetings, and conferences, as required.
• Be present at all times, including weekends (if necessary), when construction is in progress.
• Review and in conjunction with the City's Project Manager, enforce the Contractor's proposed construction schedule.
• Monitor and document the Contractor's compliance with plans, specifications, and referenced standards.
7 1 page ^
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
• Assist in the review of "submittals" required by the specifications.
• Assist with coordination between City's Project Manager, Contractor, and any other entities that may be involved.
• Review Contractor performance and expedite corrective measures for discrepancies as they occur.
• Coordinate surveys and staking, furnishing grades as necessary to the Contractor, and check all structure -related surveys.
• Verify grades, staking and marks set by the Contractor for structures.
• Coordinate and provide assistance and direction to technicians performing material tests. Measure the work -in-place to
verify quantities.
• Closely monitor testing results and require Contractor to take corrective actions if results are unsatisfactory.
• Assist the City with public outreach. Document and respond to public inquiries, monitor, and document compliance with
working hours, noise levels, and dust mitigation requirement.
• Review and make recommendations for the processing of payment requests.
• Assist with the consideration, negotiation, and processing of change orders.
• Prepare daily inspection reports (daily activity report, weekly statement of working days) including photographs.
• Measure and track quantities of satisfactorily completed improvements.
• Monitor Contractor's implementation of approved traffic control measures. Drive routes with active detours and/or lane
closures daily to confirm or require correction in compliance with approved traffic control plans, WATCH Manual, Manual
on Uniform Traffic Control Devices (MUTCD) and/or Caltrans Traffic Control Manual, as applicable.
• Review items requiring corrective action with the Contractor and the City and develop punch list items and monitor
corrections made.
• Issue field correction notices and respond to RFIs.
• Prepare redline set of as -built plans.
• Coordinate inspection activities with other jurisdictions, if applicable.
• Strictly enforce requirements for health and public safety on the project.
• Perform inspection for line and grade, earthwork, grading, excavation, backfilling of utility trenches, asphalt paving,
concrete form work reinforcement, and other related work.
• Landscape architect review and approval of materials for all landscape features on the project (plant/tree selection,
product submittal and sample reviews, irrigation installation inspection and coverage test, proper installation and
plantings and maintenance).
• Maintain a redline set of as -built (record) information.
• Prepare project punch list at substantial completion and follow-up.
Traffic Management Coordination
Ardurra will oversee proper implementation of the traffic control plans by the Contractor and require corrections and diligent
maintenance when required. Ardurra will coordinate review of any traffic control plans required to address special situations
and monitor the Contractor's compliance with the Traffic Handling Plans, the MUTCD, or as otherwise provided for in the
specifications and in accordance with Section 16.16 of the LAPM. Apparent conflicts with adjacent or nearby projects will be
addressed and coordinated. The Contractor will be required to clearly correlate traffic control phasing in the CPM schedule work
breakdown structure. Traffic control will be a standard discussion and coordination item at weekly progress meetings.
Daily Construction Observation Reports
Ardurra and/or the deputy/specialty soils and materials inspectors will compile daily observation reports documenting the
Contractor's workforce, material and equipment used, a summary of construction activities, field problems, disputes or claims,
resolutions of issues, and directions given to the Contractor. Completed daily reports will be transmitted to the City on a weekly
basis.
$ I Page ^
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
Photographs
Ardurra CM and inspection staff prepare and maintain an electronic photo journal documenting the construction progress.
Photos shall betaken before construction begins, during construction, and upon completion of the project.
Weekly Statement of Working Days
The Ardurra RE/CM will prepare a weekly statement of working days (WSWD), in conformance with documenting the construction
progress, time of completion, delays and time extensions, and submit to the Contractor and the City on a weekly basis. The WSWD
is typically discussed and agreed upon at each progress meeting and transmitted as an attachment to the minutes.
Soils/Materials Testing
QA/QC: Ardurra will implement the City's established Quality Assurance Plan (QAP). Ardurra will coordinate QA/QC activities
daily and review activities as they happen to make sure that QA/QC procedures are followed and deficiencies resolved in a
timely and efficient manner.
Testing and Observations: The CM and inspection team will coordinate laboratory, job site, and offsite/source inspection
and testing of construction materials and required observations per the QAP, construction documents, construction codes, and
jurisdictional agencies. The CM and inspection team will monitor testing services, track documentation, and record testing
results in weekly construction progress meetings. When necessary, corrective measures will be implemented and re -inspected
to verify acceptable completion.
Utility Coordination
Ardurra will assist the Contractor in dealing with local utilities to coordinate and expedite temporary and permanent utility
installations, utility relocations and utility access structure adjustments.
Periodic Progress Reports
Ardurra will cooperatively develop, with the project stakeholders, the format and information necessary for reports that may be
required during the construction phase. These reports are typically compiled every other month and include the following
information:
• Summarized report of construction activities including significant events and accomplished goals
• Construction observation reports
• Description of progress with photos to enhance the descriptions
• Description of equipment used
• Comparison of actual vs. planned progress, in narrative form and bar graph form
• The latest detailed 4 -week look -ahead schedule submitted by the Contractor and reviewed by the RE/CM and
appropriate stakeholders
• Identification and discussion of current problems or pending change orders and actions taken or planned to resolve
such issues
• A discussion of new short- and long-term goals for the project
• A comparison of actual vs. planned budget expenditures
• A master trend log detailing potential and approved changes
• Report of progress payments made to date and invoices in process
• Labor compliance reports for Contractor and subcontractor employees (if required)
• A QA/QC status section
• An analysis of change order impacts or potential problems on schedule and budget
9 1 page
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
Submittal Processing
The RE/CM will track all correspondence and submittals on this project. Ardurra will receive all Contractor submittals and review
them for completeness and general conformance with the contract documents. All shop drawings, samples and other
submittals received from the Contractor will be logged in and routed to the City and the architect. Responses will be logged and
transmitted to the Contractor. Submittals will be tracked throughout the project to ensure timely response to avoid Contractor
claims for delay. All submittals will be expedited utilizing electronic delivery whenever possible (except for shop drawings,
large format documents). Additionally, Ardurra will recommend key contractual requirements for the Contractor to clearly
indicate submittal processing requirements in the project schedule. Submittal content and review comments will be monitored
to identify potential impacts to quality, cost, or schedule, with recommended alternatives and/or solutions.
Materials Control
The CM team will establish a materials receiving process onsite such that all materials deliveries are accompanied by proper
delivery documentation satisfactory to confirm that all products comply with the plans and specifications, approved submittals
and bear the requisite certificate of compliance for source, product type, and "Buy America," as applicable. Materials delivered
to the site lacking proper documentation will be flagged as unacceptable and not allowed to be incorporated into the work
until proper documentation is provided and verified.
Requests for Information
Upon receipt, the CM team will log, distribute, and respond to each RFI as required. It is anticipated that most will be handled upon
receipt. However, if the design engineer or City staff are required to answer questions, the project manager will coordinate a timely
resolution. Ardurra will identify potential impacts to cost or time that may result due to issues identified in RFIs, with
recommended alternatives or solutions to mitigate the potential impacts.
Documentation Interpretation and Technical Assistance
Ardurra staff coordinates and expedites between the Contractor, design team, and City staff to clarify any questions for
interpretation of the construction documents. Timely, firm, and fair determinations will be processed to minimize cost and time
impacts to the project.
Problem Solutions
The Ardurra proactive approach serves to anticipate and expeditiously resolve field problems. Our team is well trained in
problem solving. All issues are processed with a sense of urgency and presented to the City with suggested alternatives, cost
and schedule impacts, and recommended solutions. The CM team will quickly implement the alternative that best suits the
interests of the project and the City. Ardurra will effectively and expeditiously communicate with City staff, design consultants,
and the Contractor, as applicable, to identify conflicts, construction problems, and coordination issues, and will obtain the
needed action and response to submittals, RFIs, and supplemental design documents.
Written Instructions
Ardurra will issue written instructions (via email, transmittal letter, field speed memo) to the Contractor regarding routine
matters and/or follow-up of verbal instructions as necessary to properly document project issues.
Document Tracking System
Complete and current project files shall be kept at thejob site, or at a location agreeable to the City, and shall always be available to the
City. These files will consist of the contract, correspondence relating to or modifying the contract, proposal requests, clarifications,
10 1 page \ /
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
permits, logs, reports, RFIs, field orders, change orders, claims inspection reports, and test reports. The Ardurra project controls process
includes a detailed file indexing system for all project hard files. Ardurra has already developed customized forms, a reports database
structure, and work breakdown structure well suited for typical public works projects. We will adapt our system to the specific needs of
the project to monitor, track, and control the project. This detailed tracking system will enable us to provide an accurate assessment of
the progress to the City with recommendations to maintain or improve adherence to the approved project schedule.
ITEM
Correspondence
Or
Outlook/Speed Memos/Formal Letters
FREQUENCY
Daily/Continuous/As Needed
Project Documentation
Procore
Daily/Continuous
Submittals
Procore
Daily, as required; 72 -hour turnaround
RFIs
Procore
Daily, as required; 72 -hour turnaround
Progress Payments
Excel
Measurements — Daily;
Quantity Measurement Report — Monthly
Inspection Reports
Adobe Fillable Forms or Procore
Daily
Weekly Statements of
Working Days
Excel
Weekly
SWPPP/BMP Compliance
Excel
Weekly
Public Relations Inquiries
Log — Excel
Daily, as required
Photos and Video
Procore/Explorer
Video Pre -Project, Photos Daily
Project Reports
Word/Publisher
Monthly and as required
Project Contacts
Outlook
Daily
Project Calendar
Outlook
Daily
Meetings
Word and Outlook/Zoom
Weekly and as required
Schedule Review
Ardurra is intimately familiar with mainstream scheduling software utilized by the public works contracting industry, including,
but not limited to, Primavera P3°, Suretrak° and Microsoft Project'. The Ardurra RE/CM will review the baseline construction
schedule, including activity sequences and duration, schedule of submittals, and schedule of delivery for products with long
lead times. The CM team will evaluate the baseline project schedule for the following:
• Consistency with the contract schedule (completion within the contract time)
• Accurate start dates, completion dates, other dates detailed in the contract
• Any impacts of weather and change orders
• Sufficient detail, including submittal process and procurement requirements
• Sequence of construction and correct schedule logic
• Identification of the critical path and project float
The schedule will not be recommended for approval as the baseline until all discrepancies are resolved.
11 I page
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
Schedule Control
During the progress of construction, the Ardurra CM team will compare the Contractor's monthly schedule updates to the
baseline schedule and any approved time extensions, note any shortcomings, and monitor and track corrections by the
Contractor to keep the project schedule on time. A 4 -week look -ahead will be required from the Contractor, updated weekly,
and presented at the weekly construction progress meetings. This tool will keep the entire team looking one month ahead of
the project and will facilitate proactive handling of project activities and issues. If necessary, Ardurra will negotiate time
extensions due to change orders or other delays.
SWPPP
Ardurra CM and inspection staff will enforce all provisions of the Storm Water Pollution Prevention Plan and/or other requisite
requirements set forth in the specifications. Ardurra CM staff is well -versed in SWPPP monitoring through provision of
dedicated services for oversight of developers and contractors on behalf of several public agencies. At a minimum, SWPPP
requirements will be monitored and a specific SWPPP checklist will be compiled. Any deficiencies noted will be addressed with
the Contractor for immediate remedy. Upon a weather report of expecting rain, a site walk will be conducted to ensure that
SWPPP measures are in place and well maintained. Additionally, if desired by the City, the Ardurra team can be assigned as the
data submitter for the project to implement the NOI application, uploading of various reports, and processing of the NOT on the
SMART website.
Change Management
Ardurra will establish, implement, and coordinate systems for consideration, negotiation, processing, and implementation of
change orders. Each issue, which is identified as a potential change to the design, scope, cost, or contract time will generate a
uniquely numbered potential change order (PCO). The RE/CM will determine whether a change notice should be considered.
The plans and specifications will be reviewed against the change notice. If the issue does not appear to be included in the plans
or specifications, the RE/CM will negotiate the scope and cost for the most efficient, cost and quality appropriate solution with
the Contractor and City. Any credits for work deleted because of the change will be required at this time as well. The RE/CM will
maintain a trend log, listing potential changes as identified, either formally or informally. This trend log shall be used such that
potential change items are not overlooked or deferred until the end of the job. Ardurra will prepare independent cost estimates
as required for contract change orders. Upon approval by the City, the RE/CM will prepare, log, and process change orders for
full execution and administer their implementation. Once fully executed, the CM team will expedite and review the timely
completion of the work and coordinate inclusion of the change order in the appropriate payment application.
Claims Avoidance
Ardurra will assist the City with claims filed by the Contractor in accordance with the guidelines set forth by the general
specifications and the standard specifications. Ardurra is well -versed at negotiating and resolving claims amicably between
contractors and public agencies. Should a claim require work in addition to Ardurra's contract, Ardurra will be available on a
time -and -materials basis if desired by the City, including assistance with processing required forms and coordinating with the
DLAE, and processing additional funding if applicable. The provision of any legal advice or services is specifically excluded.
Daily Extra Work Reports
The Ardurra CM and inspection team will verify and sign Contractor's daily extra work reports documenting force account (time
and materials) work. Ardurra will monitor that only appropriate worker classifications necessary for approved time and
12 1 page ^
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
materials work is included on extra work reports. Any inappropriate workforce and/or equipment charges will be promptly
rejected and removed from extra work reports.
Progress Payment Processing
A cost control system, based on the Contractor's schedule of values, approved change orders and the contract amount shall be
developed and implemented to monitor progress costs. Monthly cost reports will be submitted to the City as a component of
the monthly progress report.
Ardurra will establish quantity measurement forms and methods for each bid item. The resident engineer will coordinate with
the City's inspector and Ardurra's alternate inspectors to provide detailed quantity measurements for work as it is installed.
Quantity measurements will include the specific location placed, field measurement and quantity calculation in accordance
with the specified measurement and payment provision for each bid item, and any backup documentation such as certificate of
compliance, materials delivery ticket, as appropriate for the item measured. The Contractor's representative will be required to
acknowledge daily quantities measured, to eliminate the need for post -installation revisits of bid item quantities. All quantities
will be properly documented on inspector daily reports and tied to a quantity measurement report that will be certified by the
inspector, resident engineer, and City representative.
The Ardurra CM and inspection team will review the payment applications submitted by the Contractor and determine whether
the amount requested reflects the progress of the Contractor's work. Appropriate adjustments to each payment application will
be required by the Contractor. When the payment application is acceptable and all backup documentation is verified (certified
payrolls, lien releases), Ardurra will prepare and forward to the City a progress payment report. The report shall state the total
contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. The
Ardurra team is experienced with evaluating complex pay applications. It is critical to the City's best interest that payment
application review be performed accurately and prudently to maintain the prime and subcontractor incentives to perform on the
projects.
Cashflow Management (Preliminary Notices, Releases and Stop Notices)
Ardurra recognizes that the diligent monitoring and tracking of preliminary notices, conditional and unconditional releases is
an important component of public construction management, enables the team to stay abreast of the construction contract
cash flow, and provides for excellent documentation of prompt payment as required by federal funding.
The resident engineer will maintain a detailed log of preliminary notices and require conditional and unconditional releases
from the Contractor for all first-tier subcontractors and any -tier subcontractors that submit a preliminary notice.
Proactive monitoring of releases typically minimizes the incidences of stop notices. Should any stop notices be received, Ardurra
will work proactively with the Contractor to address release of the stop notice and withhold 150% of the stop notice amount
from progress and/or retention payments until the proper unconditional release is documented.
13 1 page
ARDURRA
EXHIBIT "A"
SCOPE OF SERVICES
Labor Compliance
STEP 1
CAPTURE
Ardurra's labor
compliance team
captures requirements,
rules, standards,
governance,
regulations,
transparency, policies
and the law for state or
federal projects.
0
City of Newport Beach CM/Engineering Services for
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
//�/ ARDURRA LABOR COMPLIANCE 5 -STEP PROCESS
STEP 2
MONITOR
We monitor and
enforce prevailing
wage requirements
on public works
projects, as described
In State Department
of Industrial Relations
(DIR) Labor Code
section 1771.5 (b) and
Davis -Bacon Federal
Department of Labor
(DOL) projects.
I
STEP 3
COLLECT
We utilize LCPTracker
software for collection
and review ofcertified
payroll requirements
and labor compliance
support documents.
STEP 4
INVESTIGATE
We have established
investigative tools
and processes to
effectively combat
prevailing wage theft
while educating the
public and law-abiding
contractors through
procedures of review
to resolve discrepant,
delinquent, or
inadequate payrolls.
Loi
STEP 5
REVIEW
The labor compliance
team provides monthly
site interviews with
contractor's personnel
at the project site
to cross-reference
against the collected
certified payrolls and
labor compliance
documents.
Ardurra's labor compliance program is a 5 -step process to capture, monitor, collect, investigate, and review through
LCPTracker, which is a certified payroll reporting software. Our process of actively monitoring prevailing wage requirements,
allows for real-time monitoring of the required documents, DAS140, DAS142, fringe benefit statements, monthly union status,
CAC -2 Training Fund Contributions, eCPRs, and other requirements of the awarding body.
The Ardurra team will work proactively and cooperatively with the Contractor to monitor and enforce the City's and funding
agencies' requirements for labor compliance, as follows:
• Verify Contractor and subcontractor eligibility through the State Contractor's Licensing Board, DIR contractor
registration, and state debarred list.
• Serve as the primary contact person for labor standards issues related to state and federal labor codes. The consultant
shall attend the preconstruction conference to provide the Contractor and subcontractor(s) with contractor labor
compliance handouts and to review the applicable labor standards requirements as mandated by State of California
labor compliance requirements.
• Inform Contractors of the prevailing wages requirements. All services performed under the agreement will be subject
to payment of the applicable prevailing wage for personnel performing the work. The submittal of certified payroll
records will be required as work is performed or when they are needed to verify compliance with state/federal labor
codes. Certified payroll submittals will be available for review by the City and directly submitted to the DIR.
• Prior to each Contractor's mobilization to the project site, Ardurra's labor compliance specialist will review the
submitted proposed labor trades/crafts to be utilized by prime contractors and subcontractors and address any
appropriate adjustments for compliance with the state and/or federal prevailing wage determination for direct
wages and fringe benefits.
• We utilize LCPTracker software for collection and weekly review of Certified Payrolls (CPRS). Certified payroll
submittals will be available to the City and submitted directly to the DIR through the LCPTracker XML Export feature.
• Review and collect labor compliance support documents DAS140, DAS142, Fringe Benefit Statements, DIR eCPR
Receipts, CAC -2, monthly trustee reports, apprentice certifications, and other required documents.
• Prepare and submit labor standards violations and enforcement reports documenting delinquencies, violations, and
underpayments, as needed. Coordinate with the awarding body concerning the withholding of progress and/or final
payments and assist in preparing, processing, and assessing fines and penalties, as required.
• Ardurra's inspector will track daily manpower utilized by employer and labor classification.
14 1 page — — —
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
• Ardurra's inspector will conduct employee interviews in conformance with the Davis -Bacon Act and/or other funding
agency requirements.
• Certified payrolls will be compared to inspector daily reports to confirm each employee and number of hours, and the
appropriate classification observed onsite was paid the proper amount.
• Certified payrolls will be compared against employee interviews.
• Any discrepancies identified will be documented and coordinated with the appropriate Contractor or subcontractor
through the appropriate resolution via the appropriate restitution paid to the employee, supplemental or corrected
certified payroll submittal or supplemental daily report entries to correct mis-recorded entries.
DBE Compliance
The Ardurra team will document that each Contractor's DBE commitment is utilized appropriately, as follows:
• Listed DBE firm's certificate information, subcontracted work items and amounts, and DBE certificate expiration dates
will be logged at the outset of the project and reviewed with the project team.
• The Ardurra inspector daily reports will indicate when DBE subcontractors are utilized.
• The Ardurra inspector will monitor that the Contractor does not self -perform or utilize a substitute subcontractor for
committed DBE subcontractor work unless the proper subcontractor substitution process has been followed and
approved by the City.
• Required periodic reports documenting DBE utilization and payment will be compared to inspector daily reports and
certified payrolls to document actual and appropriate utilization.
Plans, Specifications, and As-Builts
Ardurra will periodically review the Contractor's as -built updates on the approved job plan set, identify missing items, and
require the Contractor to keep as -built records up-to-date throughout the project. Ardurra CM staff keeps its own set of as -built
plans that will note the location of subsurface utilities encountered and/or installed, identify where any design or field changes
were required (utilizing the corresponding RFI and/or change order numbers), and note the location of critical building
components that are covered by finish work. At the end of the project, the final as -built plans are submitted to the City.
Closeout Documents
Ardurra staff will enforce the provisions of the specifications to require and expedite the Contractor to submit well -coordinated
operations and maintenance manuals, warranties and guarantees, bonds, extra stock and/or other items required by the
contract documents such that a timely closeout of the project is implemented. Ardurra will perform closeout duties, including
final organization of project files, and submit to the City for final approval and assist with the filing of the Notice of Completion
and Release of Retention.
Pre -Final Inspection
The RE/CM and inspector will coordinate with appropriate project stakeholders, perform the final job walk, and prepare the
punch list (deficiency list). Ardurra will coordinate, expedite, and observe completion of required corrections.
Final Inspection
Satisfactory completion of all punch list items is verified before Ardurra recommends processing of the Notice of Completion.
Ardurra is noted for attention to detail. Not only have we excelled at closing out our own projects, but we have been requested
to and successfully closed out problem city projects in which our services were not initially utilized.
Upon completion of the punch list and final sign -off by all project stakeholders, Ardurra will make recommendation to the City
regarding the Contractor's final progress payment request and prepare the final progress payment report for submission to the
City.
151 page
/V
ARDURRA
EXHIBIT "A" City of Newport Beach CM/Engineering Services for
SCOPE OF SERVICES Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
Delivery of As-Builts and Closeout Documents
Ardurra will periodically review the Contractor's as -built updates on the approved job plan set, identify missing items, and
require the Contractor to keep as -built records up-to-date throughout the project as required by the specifications. Ardurra will
review the Contractor's submittal of "as -constructed" conditions and compare this submittal to Ardurra's own documentation.
Discrepancies will be discussed, resolved, and recorded. Completed "as -constructed" plans will be submitted to the City.
The Ardurra team will enforce the provisions of the specifications to require the Contractor to submit well -coordinated
operations and maintenance manuals, warranties and guarantees, bonds, extra stock, and/or other items required by the
contract documents such that a timely closeout of the project is implemented.
Ardurra will perform closeout duties, including final organization of project files, and submit to the City for final approval.
Ardurra will also assist with the filing of the Notice of Completion and Release of Retention.
Post Construction Support
Ardurra can assist the City with resolution of post -construction issues such as user department inquiries and issues, resolution of
stop notices or notices from the labor commissioner on a time -and -materials basis upon the City's request.
EXCLUSIONS TO SCOPE OF SERVICES: The following items are specifically excluded:
• Legal advice
• Construction staking
• Construction labor, materials and/or equipment
• Temporary field office facilities, equipment, furniture, utilities and/or services
• Engineering support
• Hazardous materials monitoring and/or testing
• Independent Assurance Sampling and Testing (IAST) services
• Specialized software other than Procore, MS Office Suite, MS Project and/or P6 Viewer
• Other services not specifically enumerated in the scope of services
161111 page
ARDURRA
EXHIBIT B
SCHEDULE OF BILLING RATES
Ardurra Group, Inc. Page B-1
Exhibit B
Rate Schedule
Rate Schedule
City of Newport Beach CM/Engineering Services for
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
Asst. Project Manager
Ardurra Group, Inc.
Effective
February 1, 2022 Standard Billing Rate Schedule for the City of Newport Beach
Sr. Construction Manager
Public Works West
Construction Manager
Project and Construction Management and Inspection Services
Staff
Rate 1
Principal
$230
Project Executive
$220
Sr. Program Manager
$200
Program Manager
$190
Sr. Project Manager
$200
Project Manager
$190
Asst. Project Manager
$175
Resident Engineer / Construction Manager
$230
Sr. Construction Manager
$200
Construction Manager
$190
Asst. Construction Manager
$175
Structures Representative
$195
Project Controls Engineer
$145
Labor Compliance Officer
$145
Labor Compliance Analyst, Documents
Control, Administration
$120
Regular
Time
Overtime
StaffRate
1
Mon—
Z
Sat.
Sunday/
Fri Z
Holiday
Land Survey - 2 Person Crew
(Prevailing Wage) 3' 5,6
$250
$350
$350
$450
Assistant Engineer/ PE Licensed Inspector
(Prevailing and Non -Prevailing Wage)3,4,5,6
$165
$231
$231
$297
Public Works Inspector
(Prevailing Wage )3,s,6
$142
$199
$199
$256
Public Works Inspector (Prevailing Wage -
Special Shift) 3, a' s' 6
$144
$202
$202
$259
Accessability Expert/CASp Inspector
$230
$322
$322
$414
DSA / OSHPD Inspector of Record 6
$190
$266
$266
$342
Deputy Inspection
(Prevailing Wage) 3, 5,6
$138
$193
$193
$ 248
NDTTesting (Prevailing Wage) 3,s,6
$145
$203
$203
$261
Public Works Inspectors
$140
$196
$196
$252
(Non-PrevailingWage)
Assistant Engineer/ PE Licensed Inspector
(Prevailing and Non -Prevailing Wage) 3,4,5,6
$165
$231
$231
$297
Exhibit B City of Newport Beach CM/Engineering Services for
Rate Schedule Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
Ardurra Proposes to deliver the Construction Management and Engineering Services indicated in Exhibit A for a
Time and Materials Amount Not to Exceed $1,250,146.00 in accordance with the above rate schedule.
Notes:
The above hourly rates include wages, fringe and general and administrative overhead and fee, as well as typical supplies,
tools and equipment required to perform services.
2 Rate applies to the first four hours of overtime during the week and /or first eight hours of overtime on Saturdays; all
overtime in excess of four hours during the week or eight hours on Saturdays is paid at the Sunday/ holiday rate.
3 Prevailing Wage Rates are subject to increases pursuant to the State of California's Department of Industrial Relations Wage
Rate Determinations. Ardurra's Billing Rates will increase in proportion to the DIR increase, plus overhead and profit. The
current rates are based on Determination # SC -23-63-2-2021-1D Issued 8/22/2021 (inspection) and ORA -2021-2 Issued
2/22/2021 with pre -determined increase on 10/1/2021 (Field Surveyors).
4 A Special Shift is any shift that starts after 5:OOPM and before 6:00 AM.
The following minimum callout applies to Inspection staff, in accordance with Industrial Welfare Commission Order #16-
2001:
Cancellation of 8 hours scheduled inspection after inspector's arrival on site: 4 -hour minimum
Cancellation of 4 hours scheduled inspection after inspector's arrival on site: 2 -hour minimum
6 For contracts involving public works inspection services, Ardurra requires the awarding public agency to complete DIR form
PWC -100 solely for Ardurra as the prime contractor specific to the awarded contract name and amount. A half-hour per
week, per inspector labor compliance charge will be billed for all Prevailing Wage inspection assignments.
Procore Web Based Contract Administration: Billed at $200 per $100,000 in annual construction contract value.
Reimbursable Expenses (Other Direct Costs): Ordinary identifiable non -salary costs that are directly attributable to the
project, such as regular commuter travel costs, standard equipment, tools and software, etc., are included in the fee estimated
above. Extraordinary expenses, such as oversized and/or color reproduction costs, vehicle identification decals, site facility hard
phone line and/or internet service charges, non -commuter project miles and/or other travel expenses to remote (over 50 miles
one-way) fabrication yards / batch plants, overnight postage / couriers, etc., are billed at actual cost plus 15 percent to cover
overhead and administration. Travel charges to a casting / fabrication yard or batch plant will include the hourly billing rate plus
travel expenses as listed in the Caltrans Travel Guide (State rates). Mileage is billed at the current IRS rate (currently $0.585/mile).
An allowance for Extraordinary charges is included as Other Direct Costs (ODC) in the fee table above. Extraordinary charges above
and beyond the estimated ODC allowance will not be billed to the Client unless specifically included in the contract or requested
and approved by the Client in writing prior to incurring the additional expense.
Fees for subconsultant services: Billed at actual cost, plus 15 percent (15%) to cover overhead and administration.
Subconsultant rate schedules are attached.
Escalation: This rate schedule is effective through December 31, 2023,. Should the Contract duration be extended beyond
December 31, 2023, rates will be subject to prevailing wage increases as noted above, non -prevailing wage salary increases and
overhead increases based on current Los Angeles - Riverside -Orange County Consumer Price Index to accommodate inflationary
trends, salary adjustments and the general cost of doing business, as mutually agreeable to the parties and approved via Contract
amendment prior to implementing higher rates. In the event the contract is subject to delays that are beyond Ardurra's control,
a requestwill be made to increase the billing rates to Ardurra's current standard rates and the Client will use all reasonable effort
to allow such billing rate increase.
Exhibit B
Rate Schedule
City of Newport Beach CM/Engineering Services for
Superior Avenue Pedestrian/Bicycle Bridge and Parking Lot
LIMITATIONS: The projected fee is based on the number of estimated working days required for the completion of the work.
The estimate may be affected by:
• Working time duration in excess of the duration indicated above
• Contractor and subcontractor's efficiency and sequencing of events
• Unexpected subsurface conditions
• Unforeseen delays beyond Ardurra's control
EXCLUSIONS TO SCOPE AND FEE: The following items are specifically excluded:
• Legal advice
• Construction Staking
• Construction labor, materials and/or equipment
• Temporary field office facilities, equipment, furniture, utilities and/or services
• Engineering Support
• Hazardous materials monitoring and/or testing
• Independent Assurance Sampling and Testing (IAST) services
• Specialized software other than Procore, MS Office Suite, MS Project and/or P6 Viewer
• Other services not specifically enumerated in the scope of services
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers, employees and any person
or entity owning or otherwise in legal control of the property upon which
Consultant performs the Project and/or Services contemplated by this
Agreement.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Ardurra Group, Inc. Page C-1
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Professional Liability Errors & Omissions Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement and
Consultant agrees to maintain continuous coverage through a period no
less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Consultant or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Consultant hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
Ardurra Group, Inc. Page C-2
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
Ardurra Group, Inc. Page C-3
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
H. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Consultant's 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.
Ardurra Group, Inc. Page C-4
OC
21
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