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HomeMy WebLinkAboutC-2825(i-1)CONSULTANT AGREEMENT Construction Management Services for Segment 2 of the MacArthur Boulevard Widening Project THIS AGREEMENT, entered into this _day of 1997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Deist- Binsfield, Inc., a California corporation, whose address is 30100 Town Center Drive, Suite 225, Laguna Niguel, CA 92677 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: 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 the City. B. CONSULTANT is a corporation organized to provide professional services to public agencies and private entities in the area of construction management. C. CITY has identified widening of MacArthur Boulevard between Pacific Coast Highway and ForJ Road as a project resulting in substantial public benefits. Funding sources to pay for the cost of the improvements have been established for two construction segments: Segment "i extends from Pacific Coast Highway to approximately 0.4 miles northerly of San Joaquin Hills Road and Segment 2 extends from that location to Ford Road. Segment 1 construction has been in progress since April 1996 and completion is scheduled for the end of July 1997. D. CITY has solicited bids and is prepared to award a construction contract for Segment 2 of the MacArthur Boulevard Widening project (hereinafter referred to as "PROJECT") Groups /Pw /Agmt /Deist 1 J E. CITY has a need to augment its Public Works staff in order to perform the construction management of PROJECT. F. CITY conducted a qualification based selection process to choose a private firm to provide such professional construction management services. Of eight firms interviewed, CONSULTANT was considered to be the most qualified. G. CONSULTANT has submitted a Proposal dated March 26, 1997, listing the basic services and associated costs for providing construction management for PROJECT. H. CITY desires to accept CONSULTANT'S fee proposal described in Paragraph G. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on June 10, 1997, and shall terminate on December 31, 1998, unless terminated earlier as set forth herein. A. SERVICES TO BE PERFORMED BY CONSULTANT 1 . CONSULTANT shall complete all services and work as outlined herein and more fully described in the P oposal dated March 26, 1997, which is attached and identified as Exhibit "A" and incorporated herein by reference. Groups /P /Agmt /Deist 2 E 2. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty performance by CITY, contractors, or governmental agencies, or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. 3. The term Construction Management or Construction Manager does not imply that CONSULTANT is engaged in any aspect of the physical work of construction contracting. CONSULTANT shall not have control over or charge of and shall not be responsible for the CITY's project contractor (hereinafter referred to as "CONTRACTOR "), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work responsibility of the CONTRACTOR. These duties are and shall remain the sole CONSULTANT shall not be responsible for the CONTRACTORS' schedules or failure to carry out the work in accordance with the contract documents. CONSULTANT shall not have control over or charge of acts or omissions of the CITY, Design Engineer, CONTRACTOR, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 4. DEFINITIONS: RESIDENT ENGINEER, CONSTRUCTION MANAGER: Provides contract administration efforts for the CITY. RESIDENT INSPECTOR, INSPECTION: Provide visual observation of construction to permit CONSULTANT to render their professional opinion as to whether the contractor is performing the Work in accordance with the Contract Documents. Groups /P /Agmt /Deist 3 ADMINISTRATOR /INSPECTOR: Provides contract administration efforts for the CITY and /or provides visual observation of construction to permit CONSULTANT to render their professional opinion as to whether the contractor is performing the WORK in accordance with the Contract Documents. B. SERVICES TO BE PERFORMED BY CITY 1. CITY shall provide CONSULTANT full information regarding its requirements for the project if not identified in the CONSULTANT's Proposal, and it shall furnish, without charge to CONSULTANT, any and all information, data, plans, specifications, maps and records which are available to CITY and are necessary for CONSULTANT to fulfill the tasks and services set forth in the Agreement. 2. Provide and pay for all necessary on -site and off -site testing requirements, including all laboratory testing services. 3. Provide and pay for all necessary geotechnical, paleontological and archeological services. 4. Provide and pay for all necessary certified survey requirements. SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee and reimbursable costs shall not exceed $348,235.00 without further written authorization in the form of an Amendment to this Agreement signed by both CONSULTANT and CITY. CONSULTANT will submit invoices monthly for work performed in the previous month, CITY agrees to pay all undisputed invoice amounts within thirty (30) days of the invoice date, Groups /R /Agent /Deist 4 0 CITY agrees to notify CONSULTANT of any disputed invoice amounts within ten (10) days of the invoice date. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the construction management work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, arising out of CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. CONSULTANT is not obligated to indemnify the CITY in any manner whatsoever for the CITY's own negligence. Groups /rw /Agmt /Deist 5 E 0 ri CITY agrees to indemnify and hold harmless CONSULTANT, its officers and employees i from and against any and all liability, damages, costs, losses, claims and expenses, including reasonable attorney's fees, due to incorrect data or information provided by the CITY including, but not limited to utility location data, as -built drawings, topographic survey, geotechnical reports, etc. SECTION 7. INSURANCE Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT shall obtain and provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and satisfactory to the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. In the event CITY obtains indemnification for itself from CONTRACTOR, CITY shall require that party to indemnify CONSULTANT to the same extent that party indemnifies CITY. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company certified to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance with carriers having a Best's rating of Class B or better: 1. Workers' compensation insurance covering all employces and principals of the CONSULTANT, per the laws of the State of California; Groupe /Pw /Agmt /Deist 6 2. Commercial general liability insurance covering third party liability risks, including contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. It is intended by the parties to this Agreement that CONSULTANT's services in connection with the project shall not subject CONSULTANT's individual employees, officers or directors, to any legal exposure for the risks associated with this project. Therefore, and notwithstanding anything to the contrary contained herein, the CITY agrees that as the CITY's sole and exclusive remedy, any claim, demand or suit shall be directed and /or asserted only against CONSULTANT, a California corporation, and not against any of CONSULTANT's employees, officers or directors, heirs and assigns. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. 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. GroupslP /Agmt /Deist 7 B. SUBROGATION WAIVER CONSULTANT agrees that in the event of loss due to their actions regarding any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. ADDITIONAL INSURED With the exception of workers' compensation and professional liability insurance, CITY, its City Council, boards and commissions, officers, and employees shall be named as an additional insured under all insurance coverage required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. SECTION 8. CERTIFICATE OF MERIT If the CITY makes a claim for professional negligence, either directly or indirectly, against CONSULTANT and if prior to making the claim the CITY has obtained a written certification executed by an independent professional currently practicing in the same discipline Groups /P /Agmt /Deist 8 �7 as CONSULTANT, which certifies that any of the services provided by CONSULTANT do not meet the standard of care expected of a construction management firm performing professional services under similar circumstances, the certificate shall be provided to CONSULTANT prior to the presentation of any claim or mediation under this agreement. Notwithstanding the foregoing, this paragraph is not intended to require the CITY to obtain such a certificate prior to making a claim, or to waive any provision of the California Code of Civil Procedure pertaining to discovery of expert witnesses and their reports. SECTION 9. POLLUTION EXCLUSION The CITY agrees to the fullest extent permitted by law, to indemnify and hold harmless CONSULTANT, his or her officers, partners, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and defense costs, resulting or accruing to any and all persons, firms, and any other legal entity, caused by, arising out of or in any way connected with the detection, presence, handling, removal, abatement, discharge, dispersal, release, escape, or disposal of any asbestos, smoke, vapors, soot, fumes, acids, alkalis, hazardous or toxic substances, liquids or gases, waste materials, contaminants or other irritants, into or upon land, the atmosphere or any watercourse or body of water. CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. Groups1P1AgmtIDeist 9 !J The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. more of the voting power of the corporation. SECTION 11. PERMITS AND LICENSES Control means fifty one percent (51 %) or CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 12. REPORTS Each and every report, draft, work - product, map record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of the CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. CITY acknowledges and agrees that all documentation prepared by CONSULTANT pursuant to this Agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the reuse or other use of the documentation, CITY shall require the party using them to indemnify and hold harmless CITY and CONSULTANT regarding such reuse or eliminate any and all references to CONSULTANT from the documentation. Groups /P+ /Agmt /Deist 10 E 0 No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 13. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. SECTION 14. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. Groups /P /Agmt /Deist 11 All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Attention: Don Webb, Director of Public Works (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Deist- Binsfield, Inc. 30100 Town Center Drive, #225 Laguna Niguel, CA 92677 Attention: Gregory L. Deist, PE President (714) 495 -0178 SECTION 15. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT. CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed up to the effective date of the Notice of Termination, on the basis of fee schedule contained herein. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service, and Groups /P /Agmt /Deist 12 /3 0 for all expenses directly attributable to the termination, including, but not limited to, any cancellation charges by subconsultants and /or contractors. SECTION 16. COST OF LITIGATION In an effort to resolve any conflicts that arise during the construction of the project or following the completion of the project, the CITY and CONSULTANT agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. Should any legal action about the Project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the CONSULTANT hourly rates in effect at the time of such testimony. SECTION 17. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the CITY. SECTION 18. WAIVER Groups /P /Agent /Deist 13 A waiver by CITY 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. SECTION 19. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. SECTION 20. REPRESENTATION A CITY representative shall be designated by the CITY and a CONSULTANT representative shall be designated by CONSULTANT as the primary contact person for each party regarding performance of this Agreement. Groups /Pw /Agm[ /Deis[ 14 lr J I 0 CITY Representative Bill Patapoff Work telephone - (714)644-3311 FAX telephone - (714)644-3318 • CONSULTANT Representative Gregory L. Deist Work telephone - (714)495-0178 FAX telephone - (714)495 -0124 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above mentioned. TOVE 0 TO FORM: ity Attorney City Clerk Groups /P /Agent /Deist 15 CITY OF NEWPORT BEACH, a municipal corporation by: Mayor CONSULTANT: Deist- Beinsfield, Inc. • EXHIBIT "A" PROPOSAL CONSTRUCTION MANAGEMENT SERVICES FOR MacARTHUR BOULEVARD WIDENING SEGMENT 2 SUBMITTED TO CITY OF NEWPORT BEACH Public Works Department 3300 Newport Boulevard Newport Beach, CA 92659 -1768 SUBMITTED BY DEIST- BINSFIELD, INC. March 26, 1997 rr �uvTE POWER1-0 OW PLUS! 7w-- 4-1 r 1) Utility Services P.O. Box 6468, Anaheim, CA 92816 • ANAHEIM RIVERSIDE SAN DIEGO LAS VEGAS FAX (ANAHEIM) (714) 279-133 (909) 657-043 (819) 471-543 (702) 457-497( (714) 279-132 VAAAE OF '::�#7-1 OF AW100PIL7, TSEACq ORDERED BY! %--A= AREA. LA RIV SD PIL LV RE Uiii�S- -m2. AF SERVICE POLE(S) BARE SUPPORT PO OVERHEAD WIRE MID f6 1 rAt- METER POLEN % ft PC-)'JC-j7— PLUS.( jne�Ui PL)L)— F--�L9444,11-C4 5-41_4_Z_L� �)�Lat- 1;5' T'0 yao✓Ip-j- too I LESSEE AGREES TO PROVIDE THE FOLLOWING: 1. F(ovicto Latirtor with ex= poo locations prior to inartallahon AndAar reloomlon of oo,&S and hold Lessor harmless of damage to underground UMUS. 2. For voter: that nw. to be Wild Sol of hand pullud. them will be rnnimurn charge of $10.00 payman! I 4. PaVx0*M for dant"a or rn4Sing equipment. 5 Payment for relocating CQuonnenl. 4 E. Payntont for specull equip.. -ont needed for severe digging Conaorts. LESSEE AGREES THAT: Lessor S1111 not pre reSpooLbb, for power surges, loss o-.>7wer. ou;Ws, shorts x.. boo. nor a does Lestnt, warrant orguararuse voltage orantparfitle amoixis orMptichlor, LCssormarl no: rr, raponsrb.o for oamage to proputiy including but ;taq finlpd to saws, hand 10049. Campre'sols. 14ocks' phone. raft. Convulars• Copmrs. uut — ---------- POWER PLUS tt� MOBILE MODULAR MANAGEMENT CORPORATION -.. .... .................. 35....9;... "C...S: ...55.. .6:... ... '....1:.- .._...._....._...]7...'15.. ...10...9.`...._° ^...85...60... Delivery City: NEWPORT BEACH Additional informations Size / Seri a(# 12 x 45 It 2385 -sn OS- Term In Mo: 12 I t. Delivery and tat up prioee asersne a Nval and acieeeefble sits. Monthly Rent $375.00 Prioss do not ineitide permlb, mr", custom wo", eehnte systome, ssiemic system removal, Ndrag. Witirlg romdval. @**At snpneerinp. left or W* hookups (unless noted). Rent to be Wed in etivanoe every t Mordh(et. 3. Prices eaatsne tW Aoet .1w MMUO oryMttratforo VA wrtlpste tM -sMe required tams (WVPL*d and wbrni0ed byzMMMC), prior to dseverv. . Delivery: $275.00 4 Transaction subledtaprloraew pprevar. s. AIdmmnps and speciflCstidra we nominst. Block/Level: $95.00 Return Delivery: Dismantle: Modifications: Skoling: Ramps: Seismic Restraint: other. Cleaning Fee: Special Notes: $275.00 Features: - $85.00 WTI -11 premken Dot#m Fk wood Wftrir dairred a redwood color $0.00 rrkod glas with bronze tinted ,tmnks (number a icseon w shown on drawing) T-W,W stroperded roAkre, $972.00 Rem fk,aesoert lighting $0.00 1W prNlnlahed wood pealing tfrouplwuf 't I0v duplex ebcrricsl mAsb iceted Opp 0- 17 o.c. $0.00. IFfeatplp a air oa,auonYq duaed Ileu Va oellhg.whetum at at the wall So.00 oelrneble towher iPrefabrtpted dwftro mietel oWni prodded ror leach door (steps proaWed,lor sit leeeec Wfidirgs) $0.00 _ - — $75.00 41-711, Contact your sales person for amounts of initial billing, security deposits, etc. This quotation does not Include a seismic restraint system Quotation For. Quote References:; WF RH j Date Quoted: 3110197 From: Rob Hehman $ales Representative Mrs. Becky Trotter Phone: 714/759 -9537 City of Newport Beach Fax: 714/759 -9538 : MobileiModuiar Management Corporation: 11450 Mission Blvd, Mira Loma, CA 91752 'Phone (909) 38041800 Fax (909) 360 -8822 Quotes Valid For 30 Days DBI March 26, 1997 Mr. Gail Pickart Project Management Consultant City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92659 -1768 30100 Town Center Dr. 11225 Laguna Niguel, CA 92677 (714) 495 -0178 FAX (714) 495 -0124 RE: CONSTRUCTION MANAGEMENT SERVICES MacARTHUR BOULEVARD WIDENING - SEGMENT 2 Dear Mr. Pickart: Thank you for the opportunity to present our proposal for Construction Management Services for the Macarthur Boulevard Widening - Segment 2 project. Deist- Binsfteld, Inc. (DBI) is a professional engineering consulting firm established in 1983 specializing in the management, administration and inspection of public works projects. DBI has recently provided construction management services on various State highway widening projects similar to the project the City of Newport Beach is about to undertake. These projects are identified in our attached proposal. This proposal includes DBI's fee for Contract Administration and Inspection services based on the project duration of 250 working days. The hourly rate includes: all transportation costs, car phones, pagers, computers, copier, fax, office supplies and all normally provided inspection equipment. Film and processing is billed at cost plus 15 %. Our proposal does not include off -site inspections, surveying or material testing services. DBI recommends that all necessary off -site inspections and material testing services be provided by the City. This has worked well on other City projects where DBI was the Construction Manager and provides a cost savings to the City by eliminating DBI administrative costs. DBI has not included surveying and recommend that this service be provided by the Contractor. If DBI provided the surveying, our work load and liability costs would increase which would be passed on to the City. In addition, if the Contractor provides survey, they will be responsible for any job delays if there is a problem with scheduling. DBI's proposal does not included costs for field office, telephone service, or field office utilities. Although DBI will make all the arrangements, we recommend these be provided by the City. We have had an opportunity to look into field office costs and I have attached a breakdown for your review. DEIST- BINSFIELD, INC. - PUBLIC WORKS CONTRACT ADMINISTRATION AND INSPECTION SERVICES Thank you again for the opportunity to provide this proposal which includes an Introduction, Scope of Services, Previous Projects and Experience, Resumes of Personnel, and Fee Schedule. Should you have any questions, or require additional information, please do not hesitate to call me at (714) 495 -0178. Very Truly Yours, DEIST- BINSFIELD, INC. Gr or} L. eist, PE Presi e DEIST- BINSFIEI-D, INC. - PUBLIC WORKS CONTRACT ADMINISTRATION AND INSPECTION SERVICES CITY OF NEWPORT BEACH Construction Management Services for MacArthur Boulevard Widening - Segment 2 TABLE OF CONTENTS Transmittal Letter Table of Contents A. Introduction ...................... ............................... 3 B. Scope of Services ................ ............................... 4 6.1 Understanding ............ ............................... 4 B.2 Project Approach .......... ............................... 6 C. Project Staffing ................... ............................... 7 C.1. Project Organization ....... ............................... 7 C.1.1 Organization Chart . ............................... 8 C.2 Resumes ................. ............................... 9 C.2.1 Personnel Experience and Responsibilities Chart .... 10 C.2.2 Project Team Individual Resumes ................... 11 D. Previous Projects and Experience .. ............................... 14 E. Fee Schedule ................ 16 .... ............................... E.1. DBI Published Schedule of Hourly Rates ................... 17 F. Field Office Costs ................. ............................... 18 * 01 A. Introduction A. INTRODUCTION When all the activities and steps involved in the construction of a roadway improvement project are examined in their component parts, it becomes evident that it is an extremely difficult task. Since no two projects are exactly alike, the Construction Management Team must routinely deal with variations in design, topography, construction personnel, local ordinances, regulatory agencies and many other considerations. Successful culmination of a complex construction project in todays' era of sophisticated technology and perplexing legal issues requires the skills of professional construction oriented team members. DBI's construction management personnel are experienced and well trained in the varied aspects of contract administration and inspection procedures. They are kept apprised of the newest construction management methods, innovative construction techniques, latest legal issues and construction trends. Since DBI is a single disciplinary engineering consulting firm specializing in construction management services for public works agencies, we are able to dedicate one hundred percent of our company's resources to support our construction management teams. Having had the opportunity to review the contract drawings for Macarthur Boulevard Widening - Segment 2 project, DBI is aware of the inherent complexities. Of particular importance will be traffic control, public relations and scheduling. The Resident Engineer and Inspectors assigned to your project have extensive experience working under similar conditions and on similar projects. With a project of this intricacy a certain number of disputes and claims may arise. DBI takes pride in stating that all disputes and claims on previous projects which we have provided construction engineering services have been resolved within the confines of the project contract specifications. Although we have been involved in arbitration, none of the projects we have managed have resulted in litigation. DBI attributes this fact to meticulous project documentation and the caliber of personnel assigned to each project. DBI is proud of its record of excellence in the construction management field and our ability to successfully assist our clients in meeting their construction management objectives. DBI Page 3 B. Scope of Services B. SCOPE OF SERVICES B.1 UNDERSTANDING This section provides a listing of the minimum services to be provided by the DBI team: • Review the project plans, specifications and cost estimates (PS &E) • Attend the pre -bid meetings. • Arrange and schedule partnering conference • Arrange, schedule and conduct the pre - construction meeting. • Record by video and photography all surface improvements, both public and private, within and immediately adjoining the project limits. • Review and analyse the contractor's construction schedule, traffic control, construction staging plans and shop drawing submittals. Implement a system for tracking, organizing, filing and managing correspondence, including letters, requests for information, submittals, contracts, reports, manuals, progress payments, change orders, etc. Notify City and contractor of actual or potential major deviations from the schedule. Pro - actively work with project team to identify possible schedule set - backs. • Coordinate the City's construction projects with other agency concurrent contracts or private development work. • Observe and document all aspects of project including construction documentation for compliance with contract documents. Notify contractor when work is not in compliance. Prepare daily inspection reports. Provide photographic and video documentation of construction process. • Coordinate with all utility agencies who have facilities (overhead and underground) within and /or adjacent to the project limits. Notify utility agencies in advance of construction in the vicinity of their facilities. • Coordinate with all owners (or managers) of properties impacted by the widening project. Review and approve contractor's plans to provide temporary ingress and egress during construction. Meet with property owners /managers on an on -going basis to coordinate construction on their properties and resolve any conflicts. • Provide a broad scope of public relations activities with surrounding property owners, businesses, Caltrans, City of Irvine and the local news media including responding to Helpline calls with follow up, distribute project information and updates, attend homeowner association meetings, continuing Segment 1 relationships, keeping local authorities informed regarding traffic flow changes, long -term lane closures, detours and construction phasing updates, etc. DBI Page 4 B. Scope of Services • Interpret or request the design consultant to interpret the contract documents, request clarifications, details, etc. pertaining to the plans. • Conduct weekly construction meetings with the contractor, maintain detailed minutes and provide a monthly progress report to the City. • Provide Construction management for the contract related to sound attenuation walls for six residential lots fronting on Port Manleigh. • Coordinate inspections by County of Orange integrated Waste Management personnel for the impacted groundwater discharge line installation included in the project plans. • Issue plan revisions and assure that the contractor maintains a detailed record of "as- built "revisions. • Review contractor's payment requests. Verify pay items. Recommend payment and prepare payment documentation for processing by City. • Review contract change order requests for merit. Negotiate Change Orders and present to the City for review and approval. Prepare independent cost estimates. • Meet with City representatives and conduct public meetings as necessary. • Develop a "punch list" at the conclusion of construction. • Provide cost savings measures for the City's consideration. • Provide other items of work that DBI view as beneficial to the project. • Prepare weekly statement of working days. • Conduct weekly construction meetings. • Provide continuous monitoring of labor compliance by the contractor and subcontractors including, but not limited to, submittal of Affirmative Action Plan, DBE requirements, Fringe Benefit Statements, Apprentice Agreements, and payroll records. • Collect certified payrolls and review for compliance. • Conduct random interviews with employees on the project in compliance with the project guidelines. Unless directed to do so by the City, DBI does not take responsibility for: • processing necessary permits. • processing construction contract, insurance and bonds. • issuing the Notice to Proceed. • processing design changes. • approving shop drawings. • approving change orders. • processing payments to the contractor. • withhold /deduct monies due to labor noncompliance. • accepting final improvements. • filing Notice of Completion. DBI Page 5 B. Scope of Services Limits of Authority - Deist- Binsfield, Inc. does not have the authority to: • authorize any deviation from the contract documents or approve any substitute materials or equipment. • undertake any responsibility of the contractor, subcontractor or contractor's superintendent. • expedite work for the contractor. • advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the contract documents. • advise or issue direction as to safety precautions and programs in connection with the work. B.2 PROJECT APPROACH Prior to the contractor starting construction, DBI will make a video and photographic log of the project site to memorialize preconstruction conditions. All established utility services (e.g. manholes, meters, junction boxes, service cabinets, etc.) will be photographed, and their location inventoried for future reference. These efforts document utility locations if inadvertently destroyed or covered up during construction. Early in the construction phase DBI will thoroughly review the Contractor's schedule for feasibility, proper detail and durations. DBI realizes the gravity of developing a logical schedule at the beginning of the project. A functional schedule alerts the Construction Engineering Team of potential problems and delays while also enabling accurate budget projections. DBI will continuously monitor the schedule and submit monthly reports. During construction DBI will use established Construction Engineering methods and monitoring systems (all in accordance with the Caltrans Local Programs Manual) to ensure the project is built in accordance with the requirements of the project plans and specifications. Of particular importance will be monitoring the contractor's traffic control measures since MacArthur Blvd. is a major arterial highway. All necessary documentation will be provided. The City of Newport Beach will be kept fully informed of all activities through weekly and monthly written reports. DBI personnel have all worked extensively with Caltrans' Standard Plans and Specifications and the team is experienced in the inspection of contour grading, asphalt concrete placement, drainage facilities, street signal and lighting systems, traffic control requirements, pavement delineation, irrigation and landscaping improvements. DBI Page 6 C. Project Staffing C. PROJECT STAFFING C.1. PROJECT ORGANIZATION Having had the opportunity to review the Contract Plans and Specifications, DBI is fully aware of the complexity of this project particularly in the area of traffic control. With this in mind DBI recommends the following staffing: a) One Part Time Resident Engineer (30 Hrs/Week) b) One Full Time Resident Inspector (40 Hrs/Week) c) One Part Time Contract Administrator (30 Hrs/Week) The Resident Engineer is responsible for all field administration and inspection. He will ensure that the project is properly documented, conduct weekly progress meetings and prepare progress pay and change order documents. He will review contract documents and plans, attend the pre- construction meeting, review design changes, review, analysis and report on the contractors construction schedule, review and check backup documentation for progress pay and change order documents and prepare a final construction report. His duties include assuring the accuracy of the daily reports and providing other reports (i.e. weekly statement of working days) and logs that are necessary to document construction activities. The Inspector's primary responsibility will be to monitor the contractor for compliance with the Contract Specifications and Plans. He will keep daily reports describing the work done by the contractor and subcontractors, manpower and equipment usage and weather conditions. He will be responsible for reporting and documenting deviations from the specifications and plans and providing supplemental information as required for the preparation of progress pay requests and change orders. He will also monitor and document traffic control. The Contract Administrator is responsible for developing a public relations program and implementing the program. She will schedule material testing laboratories and surveying, coordinate construction with other agencies and will keep police and fire departments informed as to construction progress, detours and street closures. She will monitor labor compliance and certified pay rolls, conduct field interviews of contractor personnel and keep as -built drawings up to date. When necessary, the administrator will provide backup for inspection. DBI Page 7 o i 0 C.1.1 Organization Chart i ORGANIZATION CHART CONSTRUCTION MANAGEMENT SERVICES MacARTHUR BOULEVARD WIDENING - SEGMENT 2 RBF Design Engineers Project Manager Mike Bruz Trotter CITY OF NEWPORT BEACH Project Administration Specialty Consultants Off Site Inspections & Material Testing RESIDENT ENGINEER Greg Deist C. Project Staffing Public Works Director Mr. Don Webb Project Manager Mr. Gall Pickart IPR & Administration® Becky Trotter E GREGORY L. DEIST University of California Civil and Environmental Irvine, California Engineering PROFESSIONAL REGISTRATION: Civil Engineer - California RCE #30353 PROFESSIONAL MEMBERSHIP: American Society of Civil Engineers Construction Management Association of America PROFESSIONAL EXPERIENCE: Mr. Deist has over 21 .years experience in the construction management field and has managed all phases of construction in over $300 - million of public funded construction. projects. He has held various positions as Project Manager, Resident Engineer, Field Engineer and Civil Engineering inspector. Since 1985 Mr. Deist has worked as the Senior Resident Engineer for a variety of large City and County projects ranging from highway widening to bridge construction. All the projects had State and/or Federal funding and used Caltrans Standard Specifications and the Standard Specifications for Public Works Construction. His responsibilities include overall project management including documentation, preparation of progress pay requests, Change Order negotiations and preparation, and overall responsibility of the inspection staff. Mr. Deist has also served as project liaison manager coordinating efforts between Owner, Design Engineer and Contractor. Mr. Deist has extensive experience with Caltrans' documentation and reporting procedures. Mr. Deist uses a variety of scheduling techniques including Linear and CPM scheduling to monitor construction progress, evaluate impacts to the traveling public and adjacent business /home owners and coordinates notifications of road and/or lane closures to fire, police, businesses and homeowners. Over the past several years Mr. Deist served as Resident Engineer on the following major road widening projects all of which were funded in part by the City, Caltrans and other agencies: Pacific Coast Highway Widening from MacArthur Blvd. to Jamboree Road (Construction Costs $3.5 million), Pacific Coast Highway Widening from Jamboree Road to Bayside Drive (Construction Costs $5.3 million), Pacific Coast Highway Widening from Newport Blvd. to Highland Street (Construction Costs $13.5 million), Newport Blvd. Widening from 32nd Street to Pacific Coast Highway (Construction Costs $4.5 million), Imperial Highway Widening from Berry Street to the 57 Freeway on ramp (done in two phases) in the City of Brea (Construction Costs $9.2 million) and MacArthur Blvd. Widening, Segment 1 (Construction Costs $5.3 million). Mr. Deist is a Principle of Deist - Binsfield, Inc. (DBI) which was founded in 1983 specializing in Contract Administration and Inspection of Public Works Projects. V.- C. Project Staffing C.2 RESUMES The following pages include a "Personnel Experience and Responsibilities" chart which summarizes the experience and responsibility of each of the team members and resumes for each individual on the proposed project contract administration and inspection team. All the personnel furnished by DBI have prior experience in contract administration and inspection of public works projects in Caltrans' right -of -ways. In addition, all personnel are familiar with Caltrans' Standard Plans and Specifications and reporting procedures, the Standard Specifications for Public Works Construction (Green Book) and the City of Newport Beach Standard Special Provisions and Standard Drawings for Public Works Construction. DBI Page 9 171 C. Project Staffing I C.2.1 Personnel Experience and Responsibilities Chart E 91 Jar LL. LL. 0 LU C C E 0, 0 a.- > r 0 X LU 3 C Im 0 ¢ 14 mtl�cv DBI Page 10 > C E 0, 0 a.- > r 0 X LU 3 C CL W Z z 0 r U UJI E 1 121 0 U) 0 Z LU w UJ J W E C W UJI a a. C C 0 CO U ) Z Z i2 _J UJI 0 0 z UJ W LL z 0 cc > U) N It LL C C LL W a C C V DBI Page 10 ♦ Mm 1 121 C-7.717. -O.K 0 0 cc 0 .0 0 0 E 0 0 a) > (D (D m 0 > ca m a C E ID 0 0 0 0 0 0 - 0 0 E 0 -4) E E 0 "0 . 5 0 -0 0 0 -C=C 00 @ -:tv0 5D a) w 0 0 0 - , E 3:v a 0 2 3r.0 > a 0 0 (D 0 G 0 C 0 a) 0 I M Z E 0 0 0 0 CO M a 0 E U� W .0 0 .0 :5 -0 a a cr M Cd — v .2 a 0 0 Cr C C a C 0 0 0 C 0 0 L O 0 0 a 0 .0 E 0 0 > 0 Z 0 0 0 Izi 0 j. - 0 0 0 a 0 0 > > 0 0 2 3: c' 0 0 0 0 V ca u a C, > > 4D °o a 0 v > 0 E 0 0 , ID 4) C W Q 0 a Q a E 1 (.) 0 2 CD -SD -0 0 =0 - C a 0 C :S 0 0 0 .- C -@ 0 0 0 0 4) w 0 0 0 _r C 0 0 0 C W-0 E C N (D a) 160) OEOOI cDO'E"'5oOO"Owmr_wCcO-5 -2 0 :� E CY a .0 " = 'a = — M 0 (D -5 0 -5 0 0 a 0 0 0 a - 0 0 0 r 0 0 0 m 0 " 0 0 - 0 W Z: " 4) m 0 0 0 0 0 0- z 2 L) 0 0 a. L) 0 0 2 < ;(D (L M C) L) C)l �J �J a-I a. . . . ... . . . . . . I . . . .1 DBI Page 10 ALBERT M. BINSFIELD University of California San Diego, California PROFESSIONAL LICENSES: General Education - 1968 Licensed General Engineering Contractor - California - Nos. 302534 & 450228 OCEMA Deputy Reinforced Concrete Inspector - California No. 375 PROFESSIONAL MEMBERSHIP: Construction Management Association of America PROFESSIONAL EXPERIENCE: Serving in numerous positions, Mr. Binsfield has been directly responsible for contract compliance, quality control, quality control assurance, inspection, field engineering, scheduling, and project administration on numerous road and bridge construction projects in California. His administrative background include planning, administrative and technical review of plans and specifications during design and construction, scheduling, preparation of grant assistance documentation, permit processing, contract bid compliance (i.e. bond and insurance requirements), progress pay requests, change orders, cost estimates, clarification requests, report preparation, certified payroll compliance and claims analysis and disaster assistance. He has also r monitored and implemented new federal and state legislation regarding public works construction, i.e. Civil and Government codes of the State of California, California Code of Regulations as published by the California Office of Administrative Law, State of California Department of Industrial Relations Division of Labor Standards Enforcement, California Occupational Safety and Health (CAL - OSHA), and FED - OSHA. Mr. Binsfield is familiar with all types of primary interstate, secondary urban and municipal roadway systems as well as various types of bridge construction and all associated utility installations. He has 23 years of experience in the construction of roadways and bridges. He is familiar with the requirements and specifications of the California Department of Transportation, the Orange County Environmental Agency and the Southern California Standard Specifications and Plans for Public Works Construction. Mr. Binsfield has also served as Chief Project Manager for various construction projects in California, Nevada, Arizona, Illinois and New York, ranging in size and scope from subdivisions (all off -site and on -site components) to complex processing facilities (water /sewer /reclamation plants, oil refineries, power plants, hospitals and food processing plants). DE Mr. Binsfield is a Principle of Deist - Binsfield, Inc. (DBI) which was founded in 1983 specializing in Contract Administration and Inspection of Public Works Projects. REBECCA A. TROTTER Cal Poly San Luis Obispo San Luis Obispo, California PROFESSIONAL MEMBERSHIP: Construction Management Association of America PROFESSIONAL EXPERIENCE: • Civil / Architectural Engineering Major Ms. Trotter has over sixteen years experience in the engineering, inspection and administration of Public Works projects in the Local, County and State levels. She has designed and drafted a variety of projects comprising of roads (underground and surface improvements), bridges, and flood control facilities as well as performed inspections and contract administration of works under construction. Ms. Trotter's inspection duties include providing field inspection for conformance with the project specifications and plans, preparation of daily field inspection reports, providing measurements for progress pay requests and work force accounting for change orders, and the coordination and monitoring of material / compaction testing. As Contract Administrator, Ms. Trotter schedules material testing laboratories, off -site plant inspections and surveying requests, prepares contract change orders and progress pay requests, maintains current revision and as -built drawings, monitors construction progress, documents and reports deviations from the plans and specifications, prepares weekly statements of working days, and conducts labor compliance interviews to monitor certified payrolls. In addition, she establishes and maintains positive public relations with utility companies, local authorities, neighboring residents and businesses affected by the construction. While working for the County of Orange, Ms. Trotter inspected County permit work consisting of roadway improvements, flood control facilities and harbors, beaches and park facilities. She maintained quality control for County subdivision improvements in Santa Margarita, Coto de Caza and Dove Canyon, monitored subdivision agreements /securities and processed their completions. Ms. Trotter attended public works bid openings -- developing the contractor bid abstracts, processed contract legal documents, change orders and monthly progress pay estimates for submittal to the County Board of Supervisors. Ms. Trotter is currently involved in the Segment 1- MacArthur Boulevard Widening project in the City of Newport Beach. Her primary responsibilities are providing positive relations with the various homeowners associations, Fashion Island retail and Newport Center businesses. She also inspects, performs contract administration duties, and assists the resident engineer in compiling reports and other necessary documentation . Previous contract administration, inspection and public relations experience include: Imperial Highway Widening- -from Berry Street to Route 57 Freeway - -for the City of Brea (construction costs - -$9.1 million), Newport Coast Drive- -from PCH to San Joaquin Hills Road -- for the County of Orange (construction costs - -$25 million), County construction of Golden Lantern & Camino Del Avion in Laguna Niguel, Santa Ana -Delhi Channel improvements - -Mesa Drive to Irvine Ave, and Harbor Boulevard Storm Drain Installation & road improvements - -from Wilson to 19th Street- -for the City of Costa Mesa. i D. Previous Projects And Experience D. PREVIOUS PROJECTS AND EXPERIENCE The following is a list of projects which are very similar to the City's MacArthur Boulevard Widening - Segment 2 project. For each project listed, DBI provided contract administration, inspection and documentation services. Contract administration responsibilities include: (1) monitoring the construction schedule; (2) receiving, monitoring and routing the contractor's shop drawings /submittals for review and approval; (3) preparing progress pay requests and change orders for City approval, including backup documentation; (4) coordinate surveying and material testing; (5) establish and maintain public relations with businesses and residents affected by the construction; (6) maintain "as- built" drawings. Inspection responsibilities include: (1) documenting and reporting to the City whenever any of the contractor's work is, (a) substandard, (b) defective, (c) not in conformance with the Contract Documents, (d) has been damaged, (e) does not meet inspection or test requirements; (2) preparation of, (a) daily inspection reports, (b) progress reports, (c) progress pay request documentation, (d) change order documentation, (e) quality control test logs, (f) photographic log, (g) "as- built" information and punch lists. All of the projects listed below were administered by the City in which they were located, however, since each of the projects involved a state highway and were partially funded with state money, Caltrans did assign a representative to oversee the project. • PROJECT: MacArthur Blvd. Widening - Segment 1 • LOCATION: City of Newport Beach • CONSTRUCTION COSTS: $ 5.4 Million • PROJECT: Imperial Highway Widening - Randolph Ave. to Route 57 Freeway • LOCATION: Brea • CONSTRUCTION COSTS: $ 1.2 Million • PROJECT: Imperial Highway Widening - Berry St. to Randolph Ave. • LOCATION: Brea • CONSTRUCTION COSTS: $ 8.0 Million 1D W1 I Page 14 D. Previous Projects And Experience • PROJECT: Newport Blvd. Highway and Bridge Widening • LOCATION: Newport Beach • CONSTRUCTION COSTS: $ 4.5 Million • PROJECT: Pacific Coast Highway Widening - Newport Blvd. to Highland Street • LOCATION: Newport Beach • CONSTRUCTION COSTS: $ 13.5 Million • PROJECT: Pacific Coast Highway Widening - Jamboree to Bayside Drive • LOCATION: Newport Beach • CONSTRUCTION COSTS: $ 5.3 Million • PROJECT: Pacific Coast Highway Widening - MacArthur Blvd. to Jamboree • LOCATION: Newport Beach • CONSTRUCTION COSTS: $ 3.5 Million • PROJECT: Camino Capistrano Highway and Bridge Widening • LOCATION: San Juan Capistrano • CONSTRUCTION COSTS: $ 3,350,000 DBI' Page 15 E. Fee Schedule SCHEDULE OF FEES FOR CONSTRUCTION MANAGEMENT SERVICES Presented to the CITY OF NEWPORT BEACH for MacArthur Boulevard Widening - Segment 2 ESTIMATED PROTECT COST Estimated Cost is based on a contract duration of 250 working days: Resident Engineer: 1,500 hours @ $81.00 = $121,500.00 Inspection: 2,000 hours @ $65.00 = 130,000.00 Administration: 1,500 hours @ $60.00 = 90,000.00 Film and Processing: 700.00 $ 342,200.00 Reimbursable Costs (Estimated): Electrical: $50.00 /month for 16 months = $800.00 Telephone: $100 /month for 16 months = 2,100.00 Port. Toiler. $50 setup + $86 /month for 16 months = 1,170.00 Trash Pickup: $38.50 /month for 16 months = 616.00 Drinking Water: $50.00 /month for 16 months = 800.00 Subtotal $5,486.00 10% Processing Fee 549.00 Total Estimated Reimbursable Costs $6,035.00 Deist- Binsfield, Inc. (DBI) will provide Contract Administration and Inspection services at the above hourly rates for the actual hours worked. The hourly rate includes: all transportation costs, car phones, pagers, computers, copier, fax, office supplies and all normally provided inspection equipment. Film and processing is billed at cost plus 15 %. Reimbursable expenses are estimates and DBI will bill for the actual costs plus 10 %. The above schedule is for normal daily working hours. Overtime is charged for the Construction Inspector, Special Inspections and Clerical at 1.50 times the standard hourly rates. Sundays and holidays are charged at 2.00 times the standard hourly rates. All other direct costs will be billed at cost plus fifteen (15) percent. Our proposal does not include providing a field office, off -site inspections, surveying or material testing services. It is our understanding that these services will be provided by the City. IPage 16 DEIST- BINSFIELD, INC. 30100 Town Center Dr. #225 LAGUNA NIGUEL, CALIFORNIA 92677 (714)495 -0178 SCHEDULE OF HOURLY RATES Effective January 1, 1997 Classification Construction Manager Resident Engineer Scheduling Engineer Field Engineer Resident Inspector Contract Administrator Special Inspections Clerical Hourly Rate $ 92.00 81.00 75.00 65.00 65.00 60.00 Quoted Upon Request 25.00 Hourly rates include: vehicles, mileage, cellular telephones, pagers, field office supplies, field office furniture, and field testing equipment. Photographic film and film processing is billed at cost plus 15 %. The above schedule is for normal daily working hours. Overtime is charged for the { Construction Inspector, Special Inspections and Clerical at 1.50 times the standard hourly rates. Sundays and holidays are charged at 2.00 times the standard hourly rates. All other DE direct costs will be billed at cost plus fifteen (15) percent. 0 # F. FIELD OFFICE COSTS F. Field Office Costs Construction Trailer Propoeal At 1701 1/2 Ford Road Set -Up Monthly Rent Option 1 trailer# 12x45 trailer with internal restroom, skirt, security windows & doors, delivery & pick -up $1777 $375 Septic installation (300 gal.) & weekly service Waste Mgmt. @ (714)451 -2642 - -Carol $150 $190 Additional City water meter & 200 foot connection Option 2 trailer' 12x45 trailer with skirt, security windows & doors, delivery & pick -up $1715 $325 Portable toilet & weekly service (del /pick -up) Waste Mgmt. @ (714)451 -2642 - -Carol $50 $70 /each ' Suppiled by: Mobile Modular Mgmt. Corp. (Mira Loma) @ 909- 735 -8600 - -Rob Hehman -- same as existing Irvine Community Builders' trailer on site Power Hook-uo Supplied by Power Plus (714)764 -0020 Sherman $695 $20 (beyond - -quote subject to source, ICB, approval 12 months) SCE permits, coordination & materials $155 $50 - -est Telephone Service 4 lines total (2 rotary, helpline, & fax) $365 " $85 + usage " Drop charges not available until actual order goes in Base placement for �arkina apprrox. 40 tons & compaction unknown none Drinkina Water Arrowhead @ 800 -950 -9393 none $50 # #A #A"# # # #AR ; ## ##AA# ; # ; ; # ### AAA;;########### A# A#;# ; ;M1 ; ; ;## # # # # # # # # # # ## # # ## # #A # # ## AAA #A1A #AA #AAA#'# ##AAAA#A#A # ## ;5 Option 1 Total: $3042 Set -up -water connection and telephone drop charges not included $750 per month Option 2 Total: $2880 Set -up - telephone drop charges not included $650 per month ############### # # #A# #1 #; # #M1# ## # #i # #R# # # #; # ## ## Note: These quotes do not Include Security deposlte, If required. DBI Page 18 I CA - LJ -- I MOBILE MODULAR MANAGEMENT CORPORATION 1$. 20... 2 °...30...35- ...4:- ..45...56._.95...`60.._ ------------ ------------------- 17 C ....:5...20...25...3'0...35.... 4 C Delivery City: NEWPORT BEACH Term 1n Mo: 42 Monthly Rent $325.00. Rant t0b8b1hb0n*dV@nC8wary I man"O. Delivery: Block/Level Return Delivery: Dismantle: Modifications: Skirting: Ramps: Seismic Restraint: Other, Furniture Cleaninq Fee: Special Notes: $256.50 $256-50 $76.00 5V[TlAiww0hnDwje1w9VMw0ftw 50.00:. Tw*0d0M,wflhbnwMJ1r tad h ile T-OW auqwdMd c"no $972.00. R;c6wW ftimmsowt b0" - $().00 1 T[Vr#&0~ Vmad pei. " 4hwuqhcsA . . 111(*dup kx - I 16LWzWd9W1*F I $0.00 -RM6V&0jmdw,& du*bm tt*.cW".wftstum sit at thewall n toww $0.00 raresw fm owh Boor sMja NO* $0.00 $75.00 ,ohtact your sales person for amounts of initial billing, Security deposits, etc. 1715• This quotn#dn do** not include a seismic restraint 11yalkilit 0":,: Seria Pt- oaal--, Size 12X45 1' 1915-sn OS- Quotation For: r:From: Rob fiahman Sales Representative 10 ifs. Becky Trotter Phone: 114f759 -9537 ; . ''I , NkAM9:ModLdir.MartagementCoiporston' City of Newpok Beach Fax:. 711V759-ow 11450 Mission Blvd, Mira Lome, CA 91752 !I Phone (NO) 380-W00 fax (909) 360M22 -3 Quotes Valid For. 30 D81M tip, MOBILE MODULAR MANAGEMENT CORPORATION ........ .... ---- -- Size /Seri 12 Y 45 Ill 2305-sn OS- ------ 1. 3 M.... 40... 4` --- 55 ..60... Delivery City: NEWPORT BEACH Additional Informs"ont Term In Mo: 12 11. =� and w up " ase" a level and itooessible aft. Monthly Rent $375.00 21 do not Indludetpernift, romps, custom stales, Geiwnle wMerne, smstrk system removal. I j*WN. MdOV mndwW, special wgfterft. titres or Utility hookups (unim noted). Rent to be NVIed in advance every I month(s). 13. Prk" nwilne thd N' fee viernpi orgUftehone YAR ocenpletethe shile required Corms (supplied and subrnillied by.:MMMC), prior to detwery. $275.00 4 Trananction subled to prior, oreW approval. 5 All drowinp iind speoffted6m we ricininal. Block/Level: $95.00 Retum Delivery: $275.00 Features: Dismantle: $85.00 WM 4 1 Vwr*m wood atterlor pained a redwood o0or Modifications: $0.010 rMW glaw with bronze h frarnes (number & ftation n anown on drawing) simpended Skirting: $972.00 Receerwd ftiresoont fighti ng Ramps: $0.00 il It pmMnl&W wood pen*Vftoutinxit Seismic Restraint: $0.00, )Hedft A * oonditoink-4 dudea Owu U* WlbV Wrelurn air at the well Other. $0.00 DetacAable tmvhar PnfaMlcated eartdtld meal e16Me prpyided fa each door steps proNded for sa ls�asd butdirgs) __ , I mniturp: $0.00 ("lesning Fee: $75.00 —I1 Contact your silos Oerson for amounts of initial billing, security deposits, etc. This quotation does not Include a seismic restraint system special Notes: Quotation For: Qu6ib Rof8ftnCe#:',—!f 73 RH Date Quoted: 3110197 From, Rob Hohman Sales Representative Mrs. Becky Trotter I Phone: 7147759-9537 Mobile:Modtilar Management Corporation:! City of Newport Beach Fix: 7I4!759-9538 11450 Mission Blvd, Mire Loma, CA 91752 Phone (909) 3504" Fax (909) 360-6622 Quotes Valid For 30 Days �uvTE Utility Services P, O. Box 6468, Anaheim, CA 92816 ANAHEIM (714)279 -13331 RIVERSIDE (909)657 -0131 SAN DIEGO (619) 471 -5494 LAS VEGAS (702) 4574970 FAX (ANAHEIM) (714) 27q -1321 _ red" NAME OF LESSEE �I,. —�^ ` LL .( Grit O� -T109 NAW: r� wPuX EA61{ — 1-- iC_""�'�"'--- ---- - --- ~0A,L T) g AREA;* LA RIV SD PIL LV _ r Fort J t21�. ` f3uF�nry ¢L7. NEt✓1?o:?+`..�3Acb� . REMARKS: fAz- Po:L ----- -_..._ N o t2sr�iA�,. 62wwnrtNS . At'cx.� t7�y_r_�S.L. -- -!�- . _ _. 1...._ .. -is SaIgtC One* 30vPt� SERVICE POLES) BARE SUPPORT POLE(S) OVERHEAD WIRE _ METER POLE(3) i n() A m n 1 (6 i 1 nnhunJ t1 Pc,wLZ ?LL1LS1 i•✓t4` PL)LL. MLL±Jj. T4 Ca SIN t I 5r-7 _- HDk__uP CCa,Z * SS.W 'l uS wtw'T,e *•,�� �>Lfeh -%.- 13 T-0 'Vgv�toz too .- -- �y,Z.�SL IS FoL iQAI�tlL Fo_ —Gj ;3'6lG 5alq, ., .... I Lessor s-tailnotbafesponiablit for powmirsurges. loss af]1'wer, oUCIu Cs, shorts n.wo, net e bMM ol aftwwnr!! whi!! rewd. w. r!•• nr ..Mpvw.gpayvMw�nNwar.we:wwrmnd• mnM WYtereewr rmwx r+M rot darn rnuw Ra ymwmnt. ea+wwreid r:amb.a:r does Lessor warmn:or damage vprageor including a ut nat is oreepdes wi L and teals wt+r+er!x. w: oe respen5loC lop domape to properly, rs, capng but nal Fmi1e0 to SAWS, hang leak. cpmple::5pr4. tHOCxs, phone, raao. Cempalefe. Copiert. etc. POWER PLUS LESSEE AGREES TO PROVIDE THE FOLLOWING: '. All a"" Wr"" s"""'^' n'°' r'°"+" nacn°"`"' Ln.. s°" •°'!«`°'m'm°"°"'"rrm""'° °'+.""` t.Prowae Lessor with exact pd010Gatione to iruWlttion Ndlpr relocation of prior ° s^ �01m "tlw°0A1 °nu!rMr.mwwwwwmbMyr.+!w ti++.o.+ea+w Lw...!w rorgeLwwm = rMp�YItaMIC1YEWW10 !+�ymIrMF1.wM1!w�4MM. Inroww+MWMM!narhn!wvLyrnenon ! e,µey.a M&S and hold Lessor harmless at damage to und4forouM Utdita. . bLwwF mM!YV gjprrodb LSnls mammwr. w w6riena.+w..pp ra snwr.. Aa+m w nw.: rm:+!:v 2. For pies that need to be hand Sot or hand pulled, than will be minimum charge " allude°' o+ y" /"""^y"°iawrnwuwwr+.mLww.ww.wm. Memmsuwn >.umnp w!resa - 0aymoo! putpq Ae. 3. Payment log.0 wgMplewrr. e. VMmwr �yy.wnr emnyw+rmrwq,l+wrr+W wrmr.rw+rwr mavm.ap,+w:n.r. r.w billu. i,P+Y+Mnl foe tlnmaq +tl ar minniny wqu!pmsnt. la, da Nwnnwrlee�i more n!Mm. tro.mnd eo tosx. w r+rrwwswr MV�wl+wrrwmwrnrmwrww Mw!rro Orrrnllr . 5 Payment for rolocat:nrl equipment. + 1w11+MWiaMbar.fwwmarabnmr.!nws npC' Al aetlwme, +w!w+b+ne f!neP+wM Mn MM +M,y han E. Pam.omler`eC't'o1 ^tent needed for Severe Y SV equip.. tSh191nQ CDhod10n5. truertu111wMMMr¢Wwma!mvmayrwnwm. VM11w4rowwepMrmlYwraNM�ww .ntlunrywr: mm,wprywyeNrwnMMgtero/rl.w. 5msnormar+mm�ap+wmeam e.!nwwm,a. tu+ir'wn!urr'+p nrV Mm,iYpr�+VrVw�•.+.r mr yr...wW.u,wr,V+.Mr. x..wr.Mrww M+W.f �nwYl.+Ytr ' Mr,er�wwwwY4lYrwYOM1WIdM Lrww V W GW bMfOYwrlgwr W RJf[wY!m CI MY{W NAnep O+irt/t LESSEE AGREES THAT: +rtiribWWMwaNama!nwmnan dlWrNgrr rnprrw yvw merrrrdYwl rmwv. ' Lessor s-tailnotbafesponiablit for powmirsurges. loss af]1'wer, oUCIu Cs, shorts n.wo, net e bMM ol aftwwnr!! whi!! rewd. w. r!•• nr ..Mpvw.gpayvMw�nNwar.we:wwrmnd• mnM WYtereewr rmwx r+M rot darn rnuw Ra ymwmnt. ea+wwreid r:amb.a:r does Lessor warmn:or damage vprageor including a ut nat is oreepdes wi L and teals wt+r+er!x. w: oe respen5loC lop domape to properly, rs, capng but nal Fmi1e0 to SAWS, hang leak. cpmple::5pr4. tHOCxs, phone, raao. Cempalefe. Copiert. etc. POWER PLUS 0 0 AMENDMENT NO. 1 CONSULTANT AGREEMENT Construction Management Services MacArthur Boulevard Widening Project - Segment 2 THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this 14th day of December, 1998, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Deist - Binsfield, Inc., a California corporation, whose address is 30100 Town Center Drive, Suite 225, Laguna Niguel, CA 92677 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On June 9, 1997, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be provided by CONSULTANT is being performed over a more extended period of time than was contemplated in AGREEMENT as set forth in CONSULTANT'S letter dated October 2, 1998, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 2. The term of this AGREEMENT, which commenced on June 10, 1997, is extended from December 31, 1998 to April 30, 1999. 3. Compensation to be paid to CONSULTANT for such scope of services over the extended period of time shall be in accordance with a not -to- exceed budget of $47,700 as set forth in CONSULTANT'S letter dated October 2, 1998, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. S • • 4. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $47,700 from $348,235 to $395,935. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation f By: r Dennis D. O'Neil, Mayor APPROVED AS TO FORM: ( rf)4 A City Attorney CONSULTANT: Deist - Beinsfield, Inc. M President go ATTEST: Albert M. t:\usets\pbvAshatedagmt\gg\deisti.doc 9 EXHIBIT "A" • DBI 30100 Town Center Dr. #225 Laguna Niguel, CA 92677 1714) 495 -0178 FAX (714) 495 -0124 October 2, 1998 Mr. Gail Pickart Project Management Consultant 3345 Newport Blvd., Suite 215 Newport Beach, CA 92663 RE: CONSTRUCTION MANAGEMENT SERVICES MacARTHUR BOULEVARD WIDENING - SEGMENT 2 Dear Mr. Pickart This is a request for a contract amendment authorizing additional funds to complete contract administration and inspection services for the referenced project. The original estimate for Construction Management services was based on a contract duration of 250 working days. Due to time extensions and weather conditions the project has been extended beyond the original 250 working days. The project start date was November 24, 1997, with an original completion date of October 13, 1998. The project has been extended by sixty -five working days (eleven working days granted through change orders and fifty -four working days due to inclement weather) giving a revised contract completion date of January 20, 1999. However, we are anticipating an actual completion date some time in February. DBI would have been within the original budget amount if the contract was completed within its original 250 working days. At this time we believe we will exhaust the budget amount in December, 1998. When estimating costs prior to the project beginning, the estimates are based on the contract duration given in the specifications. Although there is always a possibility that time extensions will occur, these are not taken into account when preparing proposals because it is impossible to determine how many days will be granted or the effect weather will have on the construction schedule. Contract administration and inspection efforts are necessary, however, throughout the total duration of the project to ensure the City's interests are protected and project documentation is complete and accurate. During the 1997198 winter season, El Nino created considerably more rain delays than anticipated. Although the contractor is not working, during days of inclement weather DBI provides an inspector to monitor the site and ensure that the contractor has done everything within his power to provide safe access through the project site for the traveling public. In addition the inspector will monitor changing conditions which may require adjustments in the safety procedures put in place by the contractor for the protection of the traveling public. Implementation of erosion control measures was another aspect of the project that needed to be monitored during rainfall periods. DEIST -BI NSF IELD, INC. - PUBLIC WORKS CONTRACT ADMINISTRATION AND INSPECTION SERVICES 0 0 Mr. Gail Pickart October 2 1998 Palle Two For this project we are anticipating that administration and inspection services will be needed through March 12, 1999. Below is our estimated costs for the period 9/7/98 through 3/12/99. Original Authorization: $348,235.00 Amount Invoiced Through 9/6/98: 274,286.18 Amount Remaining: $73,948.82 Estimated Costs to Complete Project (9/7/98 through 3/12/99, 129 working days): Resident Engineer: 675 hours @ $81.00 = $54,675.00 Inspection: 838 hours @ $65.00 = 54,470.00 Reimbursable Costs (Office Utilities) = 2.100.00 Subtotal $111,245.00 Estimated Costs for Project Rap -up (e.g., Final Report, As- Builts, etc.) Resident Engineer: 80 hours @ $81.00 = $6,480.00 Inspector: 60 hours @ $65.00 = 3,900.0 Subtotal 10.380.00 Total Estimated Expenses to Complete Project $121,625.00 Minus Remaining Authorization 73.948.82 Estimated Additional Authorization: $47,676.18 Your consideration for additional funds to complete this project is appreciated. Please call me if you have any questions or if additional information is require. Very Truly Yours, DEIST - BINSFIELD, INC. 2` G go eist, PE Pr ide DEIST - BINSFIELD, INC. - PUBLIC WORKS CONTRACT ADMINISTRATION AND INSPECTION SERVICES 0 C * of Newport Beach • NO. BA- 028 BUDGET AMENDMENT 1998 -99 AMOUNT: $660,700.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations ANQ �X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate $535,700 from the Circulation and Transportation Fund and $125,000 from the CIOSA Fund to proceed with pertinent agreements associated with the completion of the MacArthur Blvd. Widening Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Circulation and Transportation 3605 CIOSA 3605 REVENUE APPROPRIATIONS (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Fund Balance Control Description Signed: ,tip y1 43(� Signed:�iJri�tiO �J Adm islrative Approval: City Manager 1 y� Signed: L,L� r,ti ''� l City Council Approval: City Clerk Amount Debit Credit $535,700.00 * $125,000.00 * Automatic APPRUV D $535,700.00 $125,000.00 Date I� -/ -9F Date Description Division Number 7261 Transportation & Circulation Account Number C5100066 MacArthur Widening Improvement Division Number 7432 Account Number C5100066 Division Number Account Number Division Number Account Number Division Number Account Number Signed: ,tip y1 43(� Signed:�iJri�tiO �J Adm islrative Approval: City Manager 1 y� Signed: L,L� r,ti ''� l City Council Approval: City Clerk Amount Debit Credit $535,700.00 * $125,000.00 * Automatic APPRUV D $535,700.00 $125,000.00 Date I� -/ -9F Date C DEC I .Q December 14, 1998 CITY COUNCIL AGENDA APPROVED 9 ITEM NO. 11 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: APPROVAL OF BUDGET AMENDMENT PERTAINING TO MACARTHUR BOULEVARD WIDENING PROJECT — SEGMENT 2 CONTRACT NO. 2825 RECOMMENDATIONS: 1. Approve Amendment No. 1 to the Professional Services Agreement with AGRA Earth and Environmental authorizing $33,000 for additional materials testing services; and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve Amendment No. 1 to the Professional Services Agreement with Deist - Binsfield, Inc. authorizing $47,700 for additional construction management services; and authorize the Mayor and City Clerk to execute the Amendment. 3. Approve a budget amendment appropriating $535,700 from the Circulation and Transportation Fund to Account No. 7261- C5100066 and $125,000 from the CIOSA Fund to Account No. 7432- C5100066. DISCUSSION: Background The MacArthur Boulevard Widening project extends from Pacific Coast Highway to Ford Road /Bonita Canyon Road and is being constructed in two segments. Segment 1 covers Pacific Coast Highway to San Joaquin Hills Road. Segment 2 covers San Joaquin Hills Road to Ford Road /Bonita Canyon Road. Segment 1 construction was completed in September 1997. Segment 2 construction began in October 1997 and completion is anticipated in March 1999. When the City Council awarded the Segment 2 construction contract to Griffith Company on June 9, 1997, five professional services agreements were also approved to support the construction work. One agreement is with AGRA Earth and Environmental, Inc. for geotechnical field services and materials testing in an amount of $50,661. Another agreement is with Deist - Binsfield, Inc. for construction management services in an amount of $348,235. The respective agreements established budget amounts for services to be provided based on certain conditions, some of which have changed due to circumstances outside their control. Their budget authorizations need to be increased in order for them to continue providing services necessary to complete the project. An analysis of the. project's overall budget indicates that additional funds need to be appropriated in order to complete the roadway improvements as well as pay for other related project obligations outside the construction contract. Approval of the recommended budget amendment will provide the necessary additional funding. Amendments to Professional Services Agreements The agreement with Deist - Binsfield, Inc. (DBI) for construction management services was based on 250 working days, which is equivalent to twelve months. Because of anticipated non- working days due to rain, DBI's budget for construction covered a period of approximately SUBJECT: APPROVAL *BUDGET AMENDMENT PERTAINING TO ATHUR BOULEVARD WIDENING PROJECT — SEGMENT 2 CONTRACT NO. 2825 December 14, 1998 Page 2 fourteen months starting in August 1997 and ending in October 1998. Obtaining rights -of -entry delayed the unrestricted start of construction until October 1997, and the heavy winter rains resulted in approximately two months of non - working days which is at least double the normally anticipated amount. As a consequence, DBI will be providing construction management services until March 1999 spanning a period of approximately 18 months as compared to the 14 months anticipated in their budget. In a proposal letter dated October 2, 1998, DBI proposes to provide their services for the extended construction period for an additional compensation amount of $47,676.18. Staff recommends approval of Amendment No. 1 to DBI's Consultant Agreement authorizing an additional $47,700 of compensation to cover their extended period of services and increasing their total contract amount from $348,235 to $395,935. The agreement with AGRA Earth and Environmental, Inc. (AGRA) covered field observation and testing in conjunction with grading as well as materials testing both on -site and off -site. AGRA's budget was based on assumptions similar to those used by DBI. Delay in starting the project resulted in much of the grading work being done during last year's heavy rainfall season which meant that the observation and testing by the geotechnical technician could not be performed as efficiently as anticipated. Expressed another way, it took more trips and more hours to test the same volume of earthwork. In addition, it has been necessary to provide more "source" inspection for asphalt concrete and rock materials than was anticipated in the initial budget. Local agencies previously relied on source inspection by Caltrans and the County of Orange; however, those services have been reduced and local agencies must now provide such source inspection and testing at their own expense. In a revised proposal letter dated September 15, 1998, AGRA estimates that an additional $33,000 is needed to cover their services to complete both the Segment 2 roadway and sound wall improvements. Staff recommends approval of Amendment No. 1 to AGRA's Professional Services Agreement authorizing an additional $33,000 of compensation to cover their extended services and increasing their total contract amount from $50,661 to $83,661. Budget Amendment The following list of items forms the basis for the recommended budget amendment totaling $660,700. Asterisks identify those items for which the costs shown are estimates. ITEM NO. ITEM DESCRIPTION 1. Cooperative Agreement with Big Canyon Country Club for Right - of -Entry and Storm Drainage Improvements (Balance of $275,000 agreed upon contribution). 2. Cooperative Agreement with Big Canyon Community Association, Big Canyon Country Club, and The Irvine Company to share 25% of the cost of sound walls at two locations along the Westerly side of MacArthur. 3. Amendment No. 1 to Consultant Agreement with Deist - Binsfield, Inc. 4. Amendment No. 1 to Professional Services Agreement with AGRA Earth and Environmental, Inc. 5. Grading for earthern berm along Freeway Reservation North property. COST $ 35,000 50,000 47,700 33,000 125,000 • i SUBJECT: APPROVAL O *JDGET AMENDMENT PERTAINING TO MAARHUR BOULEVARD WIDENING PROJECT — SEGMENT 2 CONTRACT NO. 2825 December 14, 1998 Page 3 • 6. Griffith Company for estimated quantity overruns paid at contract 195,000 unit prices. 7. Griffith Company for resolution of potential construction claims. 175,000 TOTAL $660,700 A brief explanation of each of the listed items is as follows 1. The Cooperative Agreement with Big Canyon Country Club was approved by the City Council on November 10, 1997. Of the $275,000 agreed upon contribution, $240,000 was funded from the construction contract contingency and from elimination or reduction of contract items. The $35,000 unfunded balance represented possible costs incurred by the City in the event that the Country Club's storm drainage improvements were delayed. Since no costs were incurred, the full $275,000 contribution is to be paid. 2. The Cooperative Agreement for sharing in the cost of two sound walls along the westerly side of MacArthur was approved by the City Council on May 26, 1998. The Agreement provided for a contribution of 25% of the cost of the sound walls up to a maximum of $50,000. No funding allocation was included at the time the City Council approved the Agreement; therefore, funding arrangements are recommended at this time. 3. Additional authorization to the Agreement with Deist - Binsfield, Inc. as previously explained in this staff report. 4. Additional authorization to the Agreement with AGRA as previously explained in this staff report. 5. Grading on the Freeway Reservation North property along the easterly side of MacArthur Boulevard was previously expected to be accomplished with the 35 unit residential development included in the Circulation Improvement and Open Space Agreement (CIOSA) with The Irvine Company. As part of the Bonita Village Annexation Agreement, the proposed 35 units were eliminated and the property will be dedicated for park and open space uses. It now appears that lack of available funding will delay park improvements for an unknown period of time, which means that the adjacent residential area will not receive the screening and sound attenuation benefits that grading of this land area was expected to provide. In cooperation with The Irvine Company and EPT Landscape Architects, a plan has been developed that can be used to grade an earthern berm along the easterly side of MacArthur Boulevard extending from Bonita Canyon Road southerly approximately 1700 lineal feet. The proposed berm grading will be compatible with the overall park configuration and playing field areas will be excavated to generate the fill dirt needed to construct the berm. Staff recommends that the berm grading be done by the Griffith Company as part of the MacArthur Boulevard Widening project and requests City Council authorization to negotiate a change order in an estimated amount of up to $125,000. 6. The bid quantities for aggregate base and asphalt concrete included in the project • specifications and the contract with the Griffith Company were underestimated and are substantially less than the actual quantities needed to complete the work shown on the plans. The bid quantity of asphalt concrete is approximately 60% of the estimated final pay quantity. Similarly, the bid quantity of aggregate base is approximately 80% of the SUBJECT: APPROVAL L &UDGET AMENDMENT PERTAINING TO ATHUR BOULEVARD WIDENING PROJECT — SEGMENT 2 CONTRACT NO. 2825 December 14, 1998 Page 4 estimated final pay quantity. The final quantities are consistent with the plans and the City • will pay the same amount as if the bid quantities had been more accurately estimated. The additional quantities for these two construction items at the contract unit prices results in more than $300,000 of costs which depletes and exceeds the contract reserves for extra work amount of $516,700. Appropriation of an additional $195,000 is recommended to cover these quantity overruns. 7. Griffith Company has identified two potential claims under the contract. One is regarding disposal of rocks encountered during grading operations. The other is relative to a substantial reduction of the remedial earthwork quantity as compared to the estimated quantity bid and the contractor is questioning the applicability of the contract unit price that staff used for their reduction. Staff believes that resolution of these two potential claims will cost approximately $175,000. Staff recommends that the additional project costs described above be appropriated as follows FROM TO AMOUNT Circulation and Transportation Fund 7261- C5100066 $535,700 CIOSA Fund 7432- C5100066 125,000 TOTAL $660,700 Bids for Segment 2 sound wall construction are currently being solicited and a contract award recommendation is anticipated at the January 11, 1999, City Council meeting. A budget amendment corresponding to the low bid will be processed as part of the contract award. The Engineer's estimate for Segment 2 sound walls is $165,000. Respectfully sjubpmiitte , c4z)— W PUBLIC WORKS DEPARTMENT Don Webb, Director By: �j .:Q Gail Pickart Project Management Consultant Attachments: Amendment No. 1 with DBI Amendment No. 1 with AGRA Budget Amendment • f: \users \pbw\shared \cou ncil \fy98- 99 \dec- 14 \mawrthu r.doc AMENDMENT NO. 1 CONSULTANT AGREEMENT • Construction Management Services MacArthur Boulevard Widening Project - Segment 2 THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this 14th day of December, 1998, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Deist - Binsfield, Inc., a California corporation, whose address is 30100 Town Center Drive, Suite 225, Laguna Niguel, CA 92677 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On June 9, 1997, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be provided by CONSULTANT is being performed over a more extended period of time than was contemplated in AGREEMENT as set forth in CONSULTANT'S letter dated October 2, 1998, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 2. The term of this AGREEMENT, which commenced on June 10, 1997, is extended from December 31, 1998 to April 30, 1999. 3. Compensation to be paid to CONSULTANT for such scope of services over the extended period of time shall be in accordance with a not -to- exceed budget of $47,700 as set forth in CONSULTANT'S letter dated October 2, 1998, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 0 0 4. CONSULTANT'S not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $47,700 from $348,235 to $395,935. . 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation Bv: APPROVED AS TO FORM: City Attorney Dennis D. O'Neil, Mayor CONSULTANT: Deist- Beinsfield, Inc. 4-YA ATTEST: City Clerk Gregory L. Deist, President Albert M. Binsfield, Vice President f:\ users \pbw\shared\agmt \99 \deistl.doc 0 i • EXHIBIT "A" • DBI 30100 Town Center Dr. #225 Laguna Niguel, CA 92677 (714) 495 -0178 FAX (714) 495 -0124 October 2, 1998 Mr. Gail Pickart Project Management Consultant 3345 Newport Blvd., Suite 215 Newport Beach, CA 92663 RE: CONSTRUCTION MANAGEMENT SERVICES MacARTHUR BOULEVARD WIDENING - SEGMENT 2 Dear Mr. Pickart: This is a request for a contract amendment authorizing additional funds to complete contract administration and inspection services for the referenced project. The original estimate for Construction Management services was based on a contract duration of 250 working days. Due to time extensions and weather conditions the project has been extended beyond the original 250 working days. The project start date was November 24, 1997, with an original completion date of October 13, 1998. The project has been extended by sixty -five working days (eleven working days granted through change orders and fifty -four working days due to inclement weather) giving a revised contract completion date of January 20, 1999. However, we are anticipating an actual completion date some time in February. DBI would have been within the original budget amount if the contract was completed within its original 250 working days. At this time we believe we will exhaust the budget amount in December, 1998. When estimating costs prior to the project beginning, the estimates are based on the contract duration given in the specifications. Although there is always a possibility that time extensions will occur, these are not taken into account when preparing proposals because it is impossible to determine how many days will be granted or the effect weather will have on the construction schedule. Contract administration and inspection efforts are necessary, however, throughout the total duration of the project to ensure the City's interests are protected and project documentation is complete and accurate. During the 1997/98 winter season, El Nino created considerably more rain delays than anticipated. Although the contractor is not working, during days of inclement weather DBI provides an inspector to monitor the site and ensure that the contractor has done everything within his power to provide safe access through the project site for the traveling public. In addition the inspector will monitor changing conditions which may require adjustments in the safety procedures put in place by the contractor for the protection of the traveling public. Implementation of erosion control measures was another aspect of the project that needed to be monitored during rainfall periods. DEIST- BINSFI ELD, INC. - PUBLIC WORKS CONTRACT ADMINISTRATION .AND INSPECTION SERVICES Ll Mr. Gail Pickart 0 October 2, 1998 Page Two For this project we are anticipating that administration and inspection services will be needed through March 12, 1999. Below is our estimated costs for the period 9/7/98 through 3112199. Original Authorization: $348,235.00 Amount Invoiced Through 9/6/98: 274286.18 Amount Remaining: $73,948.82 Estimated Costs to Complete Project (9!7/98 through 3/12/99, 129 working days): Resident Engineer: 675 hours @ $81.00 = $54,675.00 Inspection: 838 hours @ $65.00 = 54,470.00 Reimbursable Costs (Office Utilities) = 2.100.00 Subtotal $111,245.00 Estimated Costs for Project Rap -up (e.g., Final Report, As- Builts, etc.) Resident Engineer: 80 hours @ $81.00 = $6,480.00 Inspector: 60 hours @ $65.00 = 3.900.00 Subtotal 10.380.00 Total Estimated Expenses to Complete Project $121,625.00 Minus Remaining Authorization - 73.948.82 Estimated Additional Authorization: $47,676.18 Your consideration for additional funds to complete this project is appreciated. Please call me if you have any questions or if additional information is require. Very Truly Yours, DEIST•BINSFIELD, INC. G go eist, PE ide DEIST- BINSFIELD. INC. - PUBLIC WORKS CONTRACr ADMINISTRATION AND INSPECrION SERVICES AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT GEOTECHNICAL AND MATERIALS TESTING SERVICES MACARTHUR BOULEVARD WIDENING — SEGMENT 2 THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, made and entered into this 14th day of December, 1998, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and AGRA Earth and Environmental, Inc., whose address is 1290 North Hancock Street, Anaheim, CA 92817 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On June 9, 1997, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT' to provide professional geotechnical engineering and materials testing and observation in support of construction activities for Segment 2 of the MacArthur Boulevard Widening project. B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The scope of services to be provided by CONSULTANT is expanded to include increased earthwork observation and testing, and additional plant inspection and laboratory testing of asphalt concrete pavement as set forth in CONSULTANT'S revised proposal letter dated September 15, 1998, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 2. The term of this AGREEMENT, which commenced on June 10, 1997, is hereby extended from the 315` day of December 1998 to the 3151 day of March 1999. 0 0 3. Compensation to be paid to CONSULTANT for such additional scope of services shall be in accordance with a not -to- exceed budget of $33,000 as set • forth in CONSULTANT'S revised proposal letter dated September 15, 1998, which is identified as Exhibit "A" and is attached hereto and incorporated herein by reference. 4. CONSULTANT's not -to- exceed compensation to be paid under AGREEMENT is hereby increased by $33,000 from $50,661 to $83,661. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation a APPROVED AS TO FORM: City Attorney Dennis D. O'Neil, Mayor CONSULTANT: AGRA Earth & Environmental, Inc. M ATTEST: City Clerk f:\ users \pbw\shared\agmt \99\agra.doc Sajjad R. Hussain Construction Services Manager �J 0 • 0 u !? AG RA Earth & 6NGINHRINL 610NN SOIIIIIONti • M11111T "A" • Environmental September 11, 1998 (Revised Septmeber 15, 1998) Job No. 7- 212 - 201600 City of Newport Beach clo Deist - Binsfield, Inc. 30100 Town Center Drive, Suite 225 Laguna Niguel, California 92677 Attention: Mr. Gail Pickart Re: Field Services Increase MacArthur Boulevard Widening Segment 2 Newport Beach, California AGRA Earth & Environmental, Inc. 1290 North Hancock Street P.O. Box 19079 Anaheim, CA 92817 Tel (714) 779 -2591 Fax (714) 779 -8377 The project work is being increased because of the general work load and field observations required during the grading operations. Anticipated tasks and approximate hours and fees are as follows: Tasks Earthwork San Joaquin Hills Road and MacArthur Interchange Subgrade Base rock Curb and Gutter Sidewalk Street Lights Stamped Concrete Laboratory Testing Subtotal Pavement (A.C.) Plant Inspection Compaction Testing Laboratory Testing (10 samples) Subtotal Soundwalls Reporting TOTAL ® Recycled Paper Fees $8,500.00 $21,000.00 $1,000.00 $2,500.00 $33,000.00 City of Newport Beach • • Job No. 7- 212 - 201600 Attention: Mr. Gail Pickart September 11, 1998 (Revised September 15, 1998) Field Services Increase, MacArthur Boulevard, Widening Segment 2, Newport Beach, California Page 2 Based on the above and what is left remaining on the contract, an increase of $33,000.00 above the original contract of $50, 681.00 should cover the anticipated work to complete the project. If you have any questions, please call the undersigned. Respectfully submitted, AGRA Earth & Environmental, Inc. SaAad R. Hussain Construction Services Manager SRHAI Encl.: None c: Mr. Gail Pickart, Addressee (2) 0217- 2015B.J09109 -1698 ® Recycled Pape, AGRA Earth & Environmental Ix4iHfforx4 414PT1 txlillxll�t City of Newport Beach • NO. BA- 028 iBUDGET AMENDMENT 1998 -99 AMOUNT: $660,700.00 CT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To appropriate $535,700 from the Circulation and Transportation Fund and $125,000 from the CIOSA Fund to proceed with pertinent agreements associated with the completion of the MacArthur Blvd. Widening Project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description Circulation and Transportation 3605 Fund Balance Control CIOSA 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Transportation & Circulation 0 Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Signed:��`�, Signed: Zhlrl r Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $535,700.00 $125,000.00 $535,700.00 $125,000.00 Date Date 1 7 Description Division Number 7261 Transportation & Circulation Account Number C5100066 MacArthur Widening Improvement Division Number 7432 Account Number C5100066 Division Number Account Number Division Number Account Number Division Number Account Number Signed:��`�, Signed: Zhlrl r Administrative Approval: City Manager City Council Approval: City Clerk Amount Debit Credit $535,700.00 $125,000.00 $535,700.00 $125,000.00 Date Date 1 7 � alas AMENDMENT NO. 2 CONSULTANT AGREEMENT Construction Management Services Segment 1 of the MacArthur Boulevard Widening Project THIS AMENDMENT NO. 2 T CONSULTANT AGREEMENT, made and entered into this -7 ay o 7 1 T e , 997, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Deist - Binsfield, Inc., a California corporation, whose address is 30100 Town Center Drive, Suite 225, Laguna Niguel, CA 92677 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: RECITALS: A. On December 22, 1995, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT ". B. On June 23, 1997, Amendment No. 1 to Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AMENDMENT NO. 1." C. CITY and CONSULTANT mutually desire to further amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The compensation authorized for construction management and inspection services is hereby increased by $29,932.00 from $390,000.00 to $419,932.00. The additional compensation authorized is described in CONSULTANT's letters dated July 22, 1997, and September 17, 1997, which are attached hereto as Exhibits "A" and "B" and are incorporated herein by reference. Ll 2. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT and AMENDMENT NO. 1 shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. CITY OF NEWPORT BEACH, a municipal corporation . / APPROVED "• FORM: City Attorney CONSULTANT: Deist - Beinsfield, Inc. BY: J.��� Gre eist, President BY: O ,, �_1 •', i Albert M. Bins field, a Pres. ATTEST: t ,r City Clerk \ \dp \sys\ groups \pubworks \agmt \97 \deist2.doc 0 FD B 11 July 22, 1997 Mr. Gail Pickart Project Management Consultant 3345 Newport Blvd., Suite 215 Newport Beach, CA 92663 • EXHIBIT "A" 30100 Town Center Dr. #225 Laguna Niguel, CA 92677 (714) 495 -0178 FAX (714) 495 -0124 RE: CONSTRUCTION MANAGEMENT SERVICES MacARTHUR BOULEVARD WIDENING - SEGMENT 1 Dear Mr. Pickart: This is a request for additional funds to complete contract administration and inspection services for the referenced project. The original estimate for Construction Management services was based on a contract duration of 275 working days. Due to time extensions and weather conditions the project has been extended beyond the original 275 working days. The project start date was April 17, 1996 with an original completion date of May 16, 1997. The project has been extended by forty -five working days (seventeen working days granted through change orders and twenty -eight days due to inclement weather) giving a revised contract completion date of July 23, 1997. However, we are anticipating an actual completion date of August 29, 1997. When estimating costs prior to the project beginning, the estimates are based on the contract duration given in the specifications. Although there is always a possibility that time extensions will occur, these are not taken into account when preparing proposals because it is impossible to determine how many days will be granted or the effect weather conditions will have on the construction schedule. Contract administration and inspection efforts are necessary, however, throughout the total duration of the project to ensure the City's interests are protected and project documentation is complete and accurate. For this project we are anticipating that administration and inspection services will be needed through August, 1997. Below is an estimate of contract administration and inspection costs for the period 7/14/97 thorugh 8/29/97. Original Authorization: $390,000.00 Amount Invoiced Through 7/13/97: 379.423.21 Amount Remaining: $10,576.79 Estimated Costs to Complete Project (7/14/97 through 8/29/97): Resident Engineer: 180 hours @ $69.00 = $12,420.00 Administration: 200 hours @ $450 = 9,000.00 Inspection: 250 hours @ $49.75 = 12.437.50 Total $33.857.50 Estimated Additional Authorization: $23.280.71 DEIST- BINSFI ELD, INC. - PUBLIC WORKS CONTRACT ADMINISTRATION AND INSPECTION SERVICES 9 • Mr. Gail Pickart July 22 1997 Page Two Your consideration for additional funds to complete this project is appreciated. Please call me if you have any questions or if additional information is require. Very Truly Yours, DEIST - BINSFIELD, INC. egory L. Deist, PE Pr ident DEIST - BINSFIELD, INC. - PUBLIC WORKS CONTRACT ADMINISTRATION AND INSPECTION SERVICES 0 0 nwiaRV %J.G :d�%`Af September 17, 1997 Mr. Gail Pickart Project Management Consultant 3345 Newport Blvd., Suite 215 Newport Beach, CA 92663 EXHIBIT "B" 30100 Town Center Dr. #225 Laguna Niguel, CA 92677 (714) 495 -0178 FAX (714) 495 -0124 RE: CONSTRUCTION MANAGEMENT SERVICES MacARTHUR BOULEVARD WIDENING - SEGMENT 1 Dear Mr. Pickart: In our July 22, 1997, letter we requested additional funds for contract administration and inspection services due to the extension of the project because of change orders and weather conditions which caused the project to be extended beyond the original 275 working days. In that letter we were anticipating a project completion date of August 29, 1997. Due to circumstances beyond our control, the landscaping of the median islands has not been completed and we are not anticipating completion until the week of September 22, 1997. Contract administration and inspection efforts are necessary, however, throughout the total duration of the project to ensure the City's interests are protected and project documentation is complete and accurate. For this project we are anticipating that administration and inspection services will be needed through September, 1997. Below is an estimate of contract administration and inspection costs for the period 9/8/97 through 9/30/97. Original Authorization: Additional Authorization: Total Authorization: Amount Invoiced Through 9/7/97: Amount Remaining: Estimated Costs to Complete Project (9/8/97 thro Resident Engineer: 30 hours @ $69.00 Administration: 55 hours @ $45.00 Inspection: 38 hours @ $49.75 $390,000.00 23.281.00 413,281.00 413.496.18 $215.18 agh 9/30/97): $2,070.00 2,475.00 1.890.50 Total $6.435.50 Estimated Additional Authorization: A!6 6 5 0.68 DEIST- BINSFIELD, INC. - PUBLIC WORKS CONTRACr ADMINISTRATION AND INSPFCrION SERVICES 0 6 Mr. Gail Pickart September 17 1997 Page Two TABLE 1 - Estimated Hours to Complete MacArthur Blvd. Widening Pay Period Hours Remarks G. Deist A. Binsfield B. Trotter 9/8-9/21 18 24 29 Estimated Hours 9/22-9130 12 14 26 Estimated Hours Total Hours 30 38 55 Total $6,435.50 Rate $69.00 $49.75 $45.00 Total Cost $2,070.00 $1,890.50 $2,475.00 Your consideration for additional funds to complete this project is appreciated. Please call me if you have any questions or if additional information is require. Very Truly Yours, DEIST - BINSFIELD, INC. Gr o Deist, PE President DEIST - BINSFIELD, INC. - PUBLIC WORKS CONTRACT ADMINISTRATION AND INSPECTION SERVICES AMENDMENT NO. 1 CONSULTANT AGREEMENT Construction Management Services Segment 1 of the MacArthur Boulevard Widening Project THIS AMENDMENT NO. 1 TO CONSULTANT AGREEMENT, made and entered into this 244�c day of 1997, by and between the CITY OF NEWPORT BEACH, a municipa corporation, (hereinafter referred to as "CITY ") and Deist - Binsfield, Inc., a California corporation, whose address is 30100 Town Center Drive, Suite 225, Laguna Niguel, CA 92677 (hereinafter referred to as "CONSULTANT") is made with reference to the following RECITALS: A. On December 22, 1995, a Consultant Agreement was entered into by and between CITY and CONSULTANT, hereinafter referred to as "AGREEMENT'. B. CITY and CONSULTANT mutually desire to amend the AGREEMENT as provided herein. NOW, THEREFORE, the parties hereto agree as follows: 1. The term of this AGREEMENT, which commenced on December 1, 1995, is extended from June 30, 1997 to December 31, 1997. 2. The standard hourly rates established for AGREEMENT shall continue in effect and shall be unchanged before December 31, 1997. 3. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain the same and shall be in full force and effect. 0 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 on the date first above written. • • • , 1 • • - 'AI ATTEST: r city CI CITY OF NEWPORT BEACH, a municipal corporation For �kf®� • CONSULTANT: Deist- Beinsfield, Inc. MR L. Deist. President BY: Albert M. Binsfield, Vice Pres. • a CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 04 -11 TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT FROM: CITY CLERK DATE: December 27, 1995 SUBJECT: Contract No. C- 2825(I) Description of Contract Construction Management Services for MacArthur Blvd. Effective date of Contract December 22, 1995 Authorized by Minute Action, approved on November 27, 1995 Contract with Deist- Binsfield, Inc. Address 30100 Town Center Drive, #225 Laguna Niguel, CA 92677 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • November 27, 1995 CITY COUNCIL AGENDA ITEM NO. 2"5 • TO: MAYOR AND MEMBERS OF THE CITY COUNCIL NOV 2 1 FROM: PUBLIC WORKS DEPARTMENT SUBJECT: CONSULTANT AGREEMENT WITH DEIST- BINSFI CONTRACT NO. 2825(1) RECOMMENDATIONS: 1. Approve a Consultant Agreement with Deist - Binsfield, Inc. for Construction Management Services related to Segment 1 of MacArthur Boulevard Widening for a not -to- exceed amount of $390,000; Contract No. 2825(1). 2. Authorize the Mayor and the City Clerk to sign the Agreement on behalf of the City. • DISCUSSION: In anticipation of the award of a construction contract for Segment 1 of the MacArthur Boulevard Widening project (see attachment for Segment 1 limits), a qualified based selection process was initiated in order to choose a private firm to provide construction management services as a means of augmenting Public Works Department staff. The following four firms were identified as being particularly qualified to provide such construction management services: CRSS Constructors; CBM Consulting, Inc., Harris & Associates; and Deist - Binsfield, Inc. The four firms were invited to appear before an interview panel on October 25, 1995, where each firm described its understanding of the services needed for the MacArthur Boulevard Widening project, past experience with similar projects, and the qualifications and experience of the personnel who would be assigned to manage the Segment 1 construction contract. The interview panel consisted of four people: three from the City and one from Caltrans. All four panel members gave Deist - Binsfield, Inc. (DBI) the highest numerical score based on ratings in several different categories. The fact that • DBI has successfully performed similar services for the City involving three projects on Pacific Coast Highway and one project on Newport Boulevard (32nd Street to PCH) was a significant reason for their top ranking. Negotiations were then commenced with DBI to define a more specific scope of work and establish a budget for the corresponding costs. Those items are attached as exhibits to a standard form Consultant Agreement and are incorporated into the Agreement by reference. DBI's budget provides for three people working essentially full -time over a period of approximately fourteen months. Their work will be performed SUBJECT: CONSULTANT AGREEMENT WITH DEIST- BINSFIELD, INC. • CONTRACT NO. 2825(1) November 27, 1995 Page 2 from a job -site trailer provided by the construction contractor. In addition to assuring that construction work is accomplished in accordance with the project plans and specifications, DBI will process progress payments, negotiate contract change orders, monitor and review construction scheduling, and handle communications with the public. A matrix of work items and the person's responsibility for the items is included as an attachment. A not -to- exceed budget amount of $372,125 is established to cover the cost of the professional service fees for the three assigned personnel. The balance of $17,875 totaling $390,000 is the budget for office related expenses such as telephones, reproductions, photo processing, etc. Funds are available in the current F.Y. 1995 -96 budget in gas tax, contributions, and circulation and transportation accounts. Funding will be as follows: 7251- C5100066 $5,000 Contribution from OCTA for frontage improvement 7252- C5100066 $190,000 Contribution from The Irvine Company for CIOSA frontage improvements and CIOSA loan 7261- C5100066 $40,000 Circulation and Transportation 7284- C5100066 $155,000 Measure "M" OCTA MPAH and MRAP Program TOTAL $390,000 Respectfully submitted, (L�V PUBLIC WORKS DEPARTMENT Don Webb, Director 4' Gail Pickart Project Management Consultant GP:so Attachments E is I ;• m41 �® x V FASHION ' ISLAND SEGMENT 1 SCALE 1" =1000' CONSTRUCTION SEGMENT 2 M alf, CONSTRUCTION a wa may/QO APTS. u� 2 2CD o ImKA= _m« L>m �� � d S Lw rr a 2 e z zM zcc 0 w M 2 - -la a a•• ' ' « « _ _ a a . . , , ■ ■ « «� . . a ! ! k E E E E 2 2 ` ` k Leo k k 0 @ %&Q k 0 @ |Scc 2 E , 2� E , �ƒ\ k\ >k) / /��� _ k Q) - -E- Z } } ° ( ( E E ' '■ A = % _ _ ° = f �a2�/ f \ \I _ � � � � _ 2 I I m m 2 2 t 7 [ [$. \ \ 00 a a ; 0__ ; t 7 ;g \ ;) $ $f 0 \§] k r °$k0 \}k) \ \k \ \Q\§ k r_ 0 0 ° E � � C 0 0 Construction Management Services for Segment 1 of the MacArthur Boulevard Widening Project THIS AGREEMENT, entered into this day of .1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY ") and Deist- Binsfield, Inc., a California corporation, whose address is 30100 Town Center Drive, Suite 225, Laguna Niguel, CA 92677 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: 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 the City. B. CONSULTANT is a corporation organized to provide professional services to public agencies and private entities in the area of construction management. C. CITY has identified widening of MacArthur Boulevard between Pacific Coast Highway and Ford Road as a project resulting in substantial public benefits. Funding sources to pay for the cost of the improvements have been established for two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 0.4 miles northerly of San Joaquin Hills Road and Segment 2 extends from that location to Ford Road. D. CITY has solicited bids and is prepared to award a construction contract for Segment 1 of the MacArthur Boulevard Widening project (hereinafter referred to as "PROJECT "). • E. CITY has a need to augment its Public Works staff in order to perform the construction management of PROJECT. F. CITY conducted a qualification based selection process to choose a private firm to provide such professional construction management services. Of four firms interviewed, CONSULTANT was considered to be the most qualified. 0 E G. CONSULTANT has submitted a Proposal dated October 25, 1995, and modified by letter dated November 3, 1995, listing the basic services and associated costs for providing construction management for PROJECT. • H. CITY desires to accept CONSULTANT'S fee proposal described in Paragraph G. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on December 1, 1995, and shall terminate on June 30, 1997, unless terminated earlier as set forth herein. SECTION 2. SERVICES TO BE PERFORMED BY THE CONSULTANT CONSULTANT shall complete all services and work as outlined herein and more fully described in the Proposal dated October 25, 1995, as modified by Letter Proposal dated November 3, 1995, both of which are attached hereto and identified • as Exhibit "A" and incorporated herein by reference. CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by this reference. The maximum fee and reimbursable costs shall not exceed $390,000.00 without further written authorization in the form of an Amendment to this Agreement signed by both CONSULTANT and CITY. SECTION 4. STANDARD OF CARE CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all • services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means 0 0 of conducting the construction management work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation • and the express terms of this Agreement. SECTION 6. HOLD HARMLESS CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards and commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, arising out of CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. SECTION 7. INSURANCE Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT shall obtain and provide and maintain at its own expense during the . term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and satisfactory to the CITY. Such policies shall be • signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company certified to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance with carriers having a Best's rating of Class B or better: 1. Workers' compensation insurance covering all employees and principals of the CONSULTANT, per the laws of the State of California; 2. 2. Commercial general liability insurance covering third party liability risks, including without limitation, contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either 0 0 the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 3. Commercial auto liability and property insurance covering any owned • and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. 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. • :• *t t CONSULTANT agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. ADDITIONAL INSURED With the exception of workers' compensation and professional liability insurance, CITY, its City Council, boards and commissions, officers, and employees • shall be named as an additional insured under all insurance coverage required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this 0 0 policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by • the insurance provided by this policy. SECTION 8. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. • Control means fifty percent (50 %) or more of the voting power of the corporation. MAM rHJEil1�0WAIJI63Wr7RL401.11 CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performance of services hereunder. SECTION 10. REPORTS Each and every report, draft, work - product, map, record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. • Any use of such documents for other projects or other purposes, and any use of uncompleted documents, shall be at the sole risk of the CITY and without liability or legal exposure of the CONSULTANT. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. 0 0 CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 11. RECORDS • CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of • final payment. SECTION 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 • Attention: Don Webb, Director of Public Works (714) 644 -3311 All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: a 0 Deist - Binsfield, Inc. 30100 Town Center Drive, #225 Laguna Niguel, CA 92677 Attention: Gregory L. Deist, PE • President (714) 495 -0178 SECTION 13. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior written notice; notice shall be deemed served upon deposit in the United States Mail, postage prepared, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed and accepted by CITY. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service. • SECTION 14. COST OF LITIGATION If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. SECTION 15. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by CITY. SECTION 16. WAIVER is A waiver by CITY 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. 0 s SECTION 17. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH, a municipal corporation BY: MAYOR • CONSULTANT BY: ATTEST: City Clerk APPROVED AS TO FORM: Deist - Binsfield, Inc. City Attorney • •� : u Construction Management Services for Segment 1 of the MacArthur Boulevard Widening Project THIS AGREEMENT entered into this day of CO1 , 1995, by and between CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "CITY "), and Deist - Binsfield, Inc., a California corporation, whose address is 30100 Town Center Drive, Suite 225, Laguna Niguel, CA 92677 (hereinafter referred to as "CONSULTANT ") is made with reference to the following: 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 the City. B. CONSULTANT is a corporation organized to provide professional services to public agencies and private entities in the area of construction management. C. CITY has identified widening of MacArthur Boulevard between Pacific Coast Highway and Ford Road as a project resulting in substantial public benefits. Funding sources to pay for the cost of the improvements have been established for two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 0.4 miles northerly of San Joaquin Hills Road and Segment 2 extends from that location to Ford Road. D. CITY has solicited bids and is prepared to award a construction contract for Segment 1 of the MacArthur Boulevard Widening Project (hereinafter referred to as "PROJECT "). E. CITY has a need to augment its Public Works staff in order to perform the construction management of PROJECT. F. CITY conducted a qualification based selection process to choose a private firm to provide such professional construction management services. Of four firms interviewed, CONSULTANT was considered to be the most qualified. G. CONSULTANT has submitted a Proposal dated October 25, 1995, and modified by letter dated November 3, 1995, listing the basic services and associated costs for providing construction management for PROJECT. H. CITY desires to accept CONSULTANT'S fee proposal described in Paragraph G. . • • NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. TERM The term of this Agreement shall commence on December 1, 1995, and shall terminate on June 30, 1997, unless terminated earlier as set forth herein. A. SERVICES TO BE PERFORMED BY CONSULTANT 1. CONSULTANT shall complete all services and work as outlined herein and more fully described in the Proposal dated October 25, 1995, as modified by Letter Proposal dated November 3, 1995, both of which are attached and identified as Exhibit "A" and incorporated herein by reference. 2. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to approve or disapprove CONSULTANT's work promptly, or delay or faulty performance by CITY, contractors, or governmental agencies, or any other delays beyond CONSULTANT's control or without CONSULTANT's fault. 3. The term Construction Management or Construction Manager does not imply that CONSULTANT is engaged in any aspect of the physical work of construction contracting. CONSULTANT shall not have control over or charge of and shall not be responsible for the CITY's project contractor (hereinafter referred to as "CONTRACTOR "), construction means, methods, techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the CONTRACTOR. CONSULTANT shall not be responsible for the CONTRACTORS' schedules or failure to carry out the work in accordance with the contract documents. CONSULTANT shall not have control over or charge of acts or omissions of the CITY, Design Engineer, CONTRACTOR, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 4. DEFINITIONS: RESIDENT ENGINEER, CONSTRUCTION MANAGER: Provides contract administration efforts for the CITY. RESIDENT INSPECTOR, INSPECTION: Provide visual observation of construction to permit CONSULTANT to render their professional opinion as to whether the contractor is performing the Work in accordance with the Contract Documents. 04 • • ADMINISTRATOR /INSPECTOR: Provides contract administration efforts for the CITY and /or provides visual observation of construction to permit CONSULTANT to render their professional opinion as to whether the contractor is performing the Work in accordance with the Contract Documents. B. SERVICES TO BE PERFORMED BY CITY 1. CITY shall provide CONSULTANT full information regarding its requirements for the project if not identified in the CONSULTANT's Proposal, and it shall furnish, without charge to CONSULTANT, any and all information, data, plans, specifications, maps and records which are available to CITY and are necessary for CONSULTANT to fulfill the tasks and services set forth in the Agreement. 2. Provide and pay for all necessary on -site and off -site testing requirements, including all laboratory testing services. 3. Provide and pay for all necessary geotechnical, paleontological and archeological services. 4. Provide and pay for all necessary certified survey requirements. SECTION 3. COMPENSATION TO CONSULTANT CONSULTANT shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit "A ", the Proposal, which is attached hereto and incorporated herein by reference. The maximum fee and reimbursable costs shall not exceed $390,000.00 without further written authorization in the form of an Amendment to this Agreement signed by both CONSULTANT and CITY. CONSULTANT will submit invoices monthly for work performed in the previous month, CITY agrees to pay all undisputed invoice amounts within thirty (30) days of the invoice date. CITY agrees to notify CONSULTANT of any disputed invoice amounts within ten (10) days of the invoice date. M x0i i[d k, IE1 WIt1 121 87_1Vaxe]Y01_1[I. CONSULTANT agrees to perform all services hereunder in a manner commensurate with the community professional standards and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with the CITY. SECTION 5. INDEPENDENT PARTIES CITY and CONSULTANT intend that the relation between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the construction management work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. 3 0 0 CONSULTANT shall indemnify and hold harmless CITY, its CITY Council, boards commissions, officers and employees from and against any and all loss, damages, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees, arising out of CONSULTANT's negligent performance of services or work conducted or performed pursuant to this Agreement. CONSULTANT is not obligated to indemnify the CITY in any manner whatsoever for the CITY's own negligence. CITY agrees to indemnify and hold harmless CONSULTANT, its officers and employees from and against any and all liability, damages, costs, losses, claims and expenses, including reasonable attorney's fees, due to incorrect data or information provided by the CITY including, but not limited to utility location data, as -built drawings, topographic survey, geotechnical reports, etc.. SECTION 7. Without limiting the CONSULTANT's indemnification of CITY, CONSULTANT shall obtain and provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and satisfactory to the CITY. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the CITY prior to exercising any right or performing any work pursuant to this Agreement. All insurance policies shall add as insured the CITY, its elected officials, officers and employees for all liability arising from CONSULTANT's services as described herein. In the event CITY obtains indemnification for itself from CONTRACTOR, CITY shall require that party to indemnify CONSULTANT to the same extent that party indemnifies CITY. A. REQUIRED COVERAGE Prior to the commencement of any services hereunder, CONSULTANT shall provide to CITY, certificates of insurance from an insurance company certified to do business in the State of California with original endorsements and copies of policies, if requested by CITY, of the following insurance carriers having a Best's rating of Class B or better: 1. Workers' compensation insurance covering all employees and principals of the CONSULTANT, per the laws of California; 2. Commercial general liability insurance covering third party liability risks, including contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; 4 0 0 3. Commercial auto liability and property insurance covering any owned and rented vehicles of CONSULTANT in a minimum amount of $1 million combined single limit per accident for bodily injury and property damage. 4. Professional liability insurance which includes coverage for the professional acts, errors, and omissions of the CONSULTANT in the amount of at least $1,000,000. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to CITY. It is intended by the parties to this Agreement that CONSULTANT's services in connection with the project shall not subject CONSULTANTS individual employees, officers or directors, to any legal exposure for the risks associated with this project. Therefore, and notwithstanding anything to the contrary contained herein, the CITY agrees that as the CITY's sole and exclusive remedy, any claim, demand or suit shall be directed and /or asserted only against CONSULTANT, a California corporation, and not against any of CONSULTANT's employees, officers or directors, heirs and assigns. CONSULTANT shall give to CITY prompt timely notice of claim made or suit instituted arising out of CONSULTANT's operation hereunder. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance which in its own judgement may be necessary for its proper protection and prosecution of the work. B. SUBROGATION WAIVER CONSULTANT agrees that in the event of loss due to their actions regarding any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, that CONSULTANT shall look solely to its insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right of subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. ADDITIONAL INSURED With the exception of workers' compensation and professional liability insurance, CITY, its City Council, boards and commissions, officers, and employees shall be named as additional insured under all insurance coverage required by this Agreement. The naming of an additional insured shall not affect recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. 5 0 0 SECTION 8. CERTIFICATE OF MERIT If the CITY makes a claim for professional negligence, either directly or indirectly, against CONSULTANT and if prior to making the claim the CITY has obtained a written certification executed by an independent professional currently practicing in the same discipline as CONSULTANT, which certifies that any of the services provided by CONSULTANT do not meet the standard of care expected of a construction management firm performing professional services under similar circumstances, the certificate shall be provided to CONSULTANT prior to the presentation of any claim or mediation under this agreement. Notwithstanding the foregoing, this paragraph is not intended to require the CITY to obtain such a certificate prior to making a claim, or to waive any provision of the California Code of Civil Procedure pertaining to discovery of expert witnesses and their reports. SECTION 9. POLLUTION EXCLUSION The CITY agrees to the fullest extent permitted by law, to indemnify and hold harmless CONSULTANT, his or her officers, partners, employees, agents and consultants from and against any and all claims, suits, demands, liabilities, losses, or costs, including reasonable attorney's fees and defense costs, resulting or accruing to any and all persons, firms, and any other legal entity, caused by, arising out of or in any way connected with the detection, presence, handling, removal, abatement, discharge, dispersal, release, escape, or disposal of any asbestos, smoke, vapors, soot, fumes, acids, alkalis, hazardous or toxic substances, liquids or gases, waste materials, contaminants or other irritants, into or upon land, the atmosphere or any watercourse or body of water. SECTION 10. PROHIBITION AGAINST TRANSFER CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty one percent (51 %) or more of the voting power of the corporation. 6 0 0 SECTION 11. PERMITS AND LICENSES CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses and certificates that may be required in connection with the performances of services hereunder. SECTION 12. REPORTS Each and every report, draft work - product, map record and other document reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of the CITY. CITY shall make no use of materials prepared by CONSULTANT pursuant to this Agreement, except for construction, maintenance and repair of the Project. CITY acknowledges and agrees that all documentation prepared by CONSULTANT pursuant to this Agreement shall be used exclusively on this project and shall not be used for any other work without the written consent of CONSULTANT. In the event CITY and CONSULTANT permit the reuse or other use of the documentation, CITY shall require the party using them to indemnify and hold harmless CITY and CONSULTANT regarding such reuse or eliminate any and all references to CONSULTANT from the documentation. No report, information or other data given to or prepared or assembled by the CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by the CONSULTANT without prior approval by CITY. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. SECTION 13. RECORDS CONSULTANT shall maintain complete and accurate records with respect to costs, expenses, receipts and other information required by CITY that relate to the performance of services required under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or its designees at all proper times to such books and records, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. `J a • SECTION 14. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter approved. All notices, demands requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Don Webb. Director of Public Works (714) 644 -331 All notices, demands requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Deist - Binsfield, Inc. 30100 Town Center Drive, #225 Laguna Niguel, CA 92677 Attention: Gregory L. Deist, PE, President (714) 495 -0178 SECTION 15. TERMINATION Either party may terminate this Agreement at any time and for any reason by giving the other party seven (7) days' prior notice; notice shall be deemed served upon deposit of the United States mail, postage prepaid, addressed to the other party's business office. In the event of termination due to the fault of CONSULTANT, CITY shall be obligated to compensate CONSULTANT for only those authorized services which have been completed up to the effective date of the Notice of Termination, on the basis of fee schedule contained herein. If this Agreement is terminated for any reason other than fault of CONSULTANT, CITY agrees to compensate CONSULTANT for the actual services performed up to the effective date of the Notice of Termination, on the basis of fee schedule contained above, subject to any maximum amount to be received for any specific service, and for all expenses directly attributable to the termination, including, but not limited to, any cancellation charges by subconsultants and /or contractors. 8 • • In an effort to resolve any conflicts that arise during the construction of the project or following the completion of the project, the CITY and CONSULTANT agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provision of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may adjudge to be reasonable attorneys' fees. Should any legal action about the Project between CITY and a party other than CONSULTANT require the testimony of CONSULTANT when there is no allegation that CONSULTANT was negligent, CITY shall compensate CONSULTANT for its testimony and preparation to testify at the CONSULTANT hourly rates in effect at the time of such testimony. SECTION 17. COMPLIANCES CONSULTANT shall comply with all laws, state or federal, and all ordinances, rules and regulations enacted or issued by the CITY. SECTION 18. WAIVER A waiver by CITY 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 different character. SECTION 19. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind of 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 hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. SECTION 20. REPRESENTATION A CITY representative shall be designated by the CITY and a CONSULTANT representative shall be designated by CONSULTANT as the primary contact person for each party regarding performance of this Agreement. 9 CITY Representative John Wolter Work telephone - (714) 644 -3311 FAX telephone - (714) 644 -3318 10 CONSULTANT Representative Gregory L. Deist Work telephone - (714) 495 -0178 FAX telephone - (714) 495 -0124 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above mentioned. CITY OF NEWPORT BEACH, a municipal corporation BY: r\ 1�' J Mayor 701 CONSULTANT: Deist - Beinsfield, Inc. ?''%' �� ATTEST: City Clerks �r 10