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")
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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.
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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.
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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,
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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.
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CITY agrees to indemnify and hold harmless CONSULTANT, its officers and employees
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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;
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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PLUS!
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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=
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SERVICE POLE(S)
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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
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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
•
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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
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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.
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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
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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
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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. •
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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
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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.
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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:
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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.
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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
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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.
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CITY Representative
John Wolter
Work telephone - (714) 644 -3311
FAX telephone - (714) 644 -3318
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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.
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ATTEST:
City Clerks �r
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