HomeMy WebLinkAboutC-3838 - Construction Management Services for Newport Coast Community Center and Santa Ana Heights Fire Station and Training Facility (see also C-3626 & C-3710)0 0 c - *4
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH GKK WORKS
FOR CONSTRUCTION MANAGEMENT SERVICES FOR NEWPORT COAST
COMMUNITY CENTER AND SANTA ANA HEIGHTS FIRE STATION AND TRAINING
TOWER
THIS AMENDMENT NO. 1 T PROFESSIONAL SERVICES AGREEMEN�; entered
into this 1M day of , 2007, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
GKK Works, a California corporation, whose address is 2355 Main Street, Suite 220,
Irvine, CA 92614, (hereinafter referred to as "Consultant"), and is made with reference
to the following:
RECITALS
A. On May 9, 2006, , CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "Agreement ", for
construction management services for Newport Coast Community
Center and Santa Ana Heights Fire Station and Training Facility,
hereinafter referred to as "Project ". This Agreement is scheduled to
expire on December 31, 2007.
B. Completion of Fire Station and Training Facility portions of Project is
extending beyond their originally - scheduled dates of completion, thus
necessitating the need for additional construction management services.
C. City desires to enter into this Amendment No. 1 to extend construction
management services for Fire Station and Training Facility portions of
Project.
D. City desires to compensate Consultant for additional construction
management services needed to complete the Project.
E. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No.1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for services performed pursuant Jo this
Amendment No.1 according to "Exhibit A" dated July 26, 2007, attached
hereto.
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2.-- The term of the agreement shall be extended to October 5, 2007.
3. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 1, for all work performed in accordance
with this Amendment, including all reimbursable items and sub consultant
fees, shall not exceed Forty Five Thousand Seven Hundred Eighty
Dollars ($45,780.00).
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged 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.
APPROVED AS TO FORM:
A,,, C ,,-1
Aaron Harp
Assistant City Attorney
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By: .w r�--
. UN �
for the City of Newport Beach
GKK Works:
By. C,. 01 .vvi.16l
(Co r rate Officer)
Title:
Print Name:
By:A.AM4 "
( inanc al Officer)
Title: «a
Print Name:
Attachments: Exhibit A — Scope of Services & Billing Rates
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:Ikkwork.c.
2355 Main Street I Suite 220 1 IRVINE I CA 92614
949 250 1500 1949 9551662 FAX I www.gkkworks.com
July 26, 2007
Lloyd Dalton, P.E.
Design Engineer
Public Works Department
3300 Newport Blvd.
Newport Beach, CA 92658
Re: City of Newport Beach
Santa Ana Heights Fire Station
Dear Lloyd:
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We hereby request that our contract be increased in the amount of t45.780.00 for the following
change:
Provide Construction Management Services for the completion of the Santa Ana Heights Fire
Station and the construction of the new fire training tower.
$15,260.00 required for completion of the fire station.
$30,520.00 required for completion of the training tower. — �}� 0
Totals include construction management and administrative assis{ant services.
Attached is a breakdown of costs for your review. We are also requesting that our contract
completion date be changed to October 5, 2007.
If you are in agreement, please sign below and return one (1) copy to us for our files and use.
Should you have any questions, please feel free to contact us.
Lloyd Dalton Date
Very truly yours,
gkkworks
Eric Stones
Assistant Project Manager
Cc: Mark Brown — gkkworks
File
City of Newprt Fire Station
Added Management Services - Training Tower
2007
Aug
Set
lOct
INOV
Scope of Work per Phase
Constructibility Review
Project Award
Submittals
16
16
Job Site Meetings
16
16
4
Site Management
100
1100
32
Schedule
8
8
Construction Reports
4
4
4
Requests for Information
16
16
Change Orders
Utilities
Payment Requests (Payment Applications)
Project Close-Out/Occupancy/Move In
ADD SERVCIES
Hourly Rate
Total Hours
Total Cost
Position
Individual
Project Mana er
Eric Stones
$125.00
360
$45,000.00
160
160
40
0
Construction Manager
0
$0.00
0
0
0
0
Construction Manager
0
$0.00
0
0
0
0
General Superintendent
0
$0.00
0
0
0
0
Administrative Assistant
Ale'andra Sam ablo
$65.00
12
$780.00
4
4
4
0
ADD SERVICES SUBTOTAL
$45,780.00
Comments
Contract extension through October 5, 2007
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W.
• 0 C,V
PROFESSIONAL SERVICES AGREEMENT WITH
GKK WORKS
FOR CONSTRUCTION MANAGEMENT SERVICES
FOR THE NEWPORT COAST COMMUNITY CENTER
AND SANTA ANA HEIGHTS FIRE STATION AND TRAINING FACILITY
THIS AGREEMENT is made and entered into as of this day of May
2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and GKK Works, a California corporation whose address is 20411 SW Birch
Street, Suite 300, Newport Beach, California, 92660 ( "Consultant"), and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City desires to retain construction management services for Newport Coast
Community Center and Santa Ana Heights Fire Station and Training Facility.
C. City desires to engage Consultant to provide such construction management
services ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Charles
Merrick, Vice President.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of December, 2007, unless terminated earlier as set
forth herein.
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2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services, dated April 14, 2006 and attached hereto as Exhibit A and
incorporated herein by reference. The City may elect to delete certain tasks of
the Scope of Services at its sole discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can. be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery, or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Hourly rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees to complete
Construction Management Services for the Newport Coast Community Center
and the Santa Ana Heights Fire Station and Training Facility, shall not
exceed Five Hundred Thirty -Nine Thousand, One Hundred Eleven and
001100 Dollars ($539,111.00) without additional prior written authorization from
City. No hourly rate changes shall be made during the term of this Agreement
without the prior written approval of City. Consultant understands and agrees
that the City has not awarded the contract for the construction of the Santa Ana
Heights Fire Station and Training Facility and that Consultant shall not
perform any work related to the Santa Ana Heights Station and Training Facility
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until Consultant receives written authorization from the City. The City shall have
forty -five (45) calendar days from the date of this agreement to issue a notice to
proceed regarding Construction Management Services related to the Santa Ana
Heights Fire Station and Training Facility. If said Notice to Proceed is not issued
within the forty -five (45) calendar day time period, the Construction Management
Services to provided related to the Santa Ana Heights Fire Station and
Training Facility shall be deleted from this Agreement and the total not to
exceed amount for providing Construction Management Services under this
agreement shall be reduced from Five Hundred Thirty -Nine Thousand, One
Hundred Eleven and 00/100 Dollars ($539,111.00) to Three Hundred
Seventy -Four Thousand, Three Hundred Thirty -Four and 001100
($374,334.00).
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and/or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
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5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jerry Fuentes to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
The Project Manager and any other assigned staff shall be equipped with a
Nextel Plus type cellularldirect connect unit to communicate with City staff.
Consultant's Nextel Direct Connect I.D. number will be provided to City to be
programmed into City Nextel units, and vice versa.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Lloyd
Dalton, PE, shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
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8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or be in
charge of and shall not be responsible for the project's design, City's
project contractor ( "Contractor"), construction means, methods,
techniques, sequences or procedures, or for any health or safety
precautions and programs in connection with the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall
not be responsible for the Contractors' schedules or failure to carry out the
work in accordance with the contract documents. Consultant shall not
have control over or be responsible for acts or omissions of City, Design
Engineer, Contractor, Subcontractors, or their Agents or employees, or of
any other persons performing portions of the work.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties') from and against any and
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all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
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12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's. indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any pen-nit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
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Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change (10 day written notice
for nonpayment of premium). The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees
and volunteers for losses arising from work performed by
Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liability Coveraae. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
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provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City (10 day written notice for nonpayment of
premium).
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
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16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
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transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
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shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and/or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
12
• •
Attn: Lloyd Dalton, PE
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3328
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Jody Harris
GKK Works
20411 SW Birch Street, Suite 300
Newport Beach, CA 92660
Phone: 949 - 250 -1500
Fax: 949 - 955 -2708
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
13
0 0
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
[SIGNATURES ON FOLLOWING PAGE]
14
0
0
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
Aaron C. Harp
Assistant City Attorney
ATTEST:
CITY OF
A Munich
for the City of Newport Beach
GKK Works:
Mr�
of Authorized
Print Name: Charlie Merrick
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
FAUsersSPBMShared\Agreements\FY 0"MGKK Works- NptCoastCommCtr.doc
15
0
gkkwork.s
April 14, 2006
Mr. Uoyd R. Dalton, PE
Design Engineer
City of Newport Beach
3380 Newport Blvd.
Newport Beach, CA 92663
0
Exhibit A
Re: CM Services Proposal - Revised I Newport Coast Community Center and the Santa Ana
Heights Fire Station and Training Facility
Dear Uoyd:
Per your request, gkkworks is pleased to submit our proposal to provide Construction
Management Consulting Services for the Newport Coast Community Center and the Santa
Ana Heights Fire Station and Training Facility. This is an exciting opportunity and we thank
you in advance for your consideration. The following is a breakdown of the services we are
proposing to provide:
Construction Phase
• Manage the Contractors' monthly updates for logic, work item timeframes, and contract
compliance, and negotiate necessary changes in order to maintain schedule and
performance
• Review contractor's Requests for information (BFI's), shop drawings, samples and
submittals, and prior to submitting to the Architect, will comment on their constructability,
cost, effects on budget and schedule, clarity, consistency and completeness
• Review change order requests for completeness, accuracy, and justifiability, negotiate final
cost and process any contractor change orders
• Develop and update a change order report for the use of the City and the Architect
• Insure that the contractor understands the City's construction policies and procedures
• Manage the contractor and other consultants and take the lead role in solving field
problems
• Maintain jobsite records, including photographs and videos to document the contractors
progress, quality and conformance with the contract documents
• Review, verify and approve the contractor's monthly pay requests
• Review as -built drawings on a monthly basis, insuring the contractor inserts necessary
updated information
204n SW BIrCh Street I Suite 3001 NE ORT BEACH I CA 92660
949.250.1500 1 949.955.2708 fax I ww .gkkworks.0
0
gkkwork.s.
0
• Develop and monitor the quality of construction, insuring against defects and deficiency in
the contractor's work. Any nonconforming work will be documented and issued to the city
and to the contractor
• Develop a project punch list and insure that all punch list items are completed within a
timely manner
• Monitor the contractor's mandated jobsite safety program
• Act as the City's site quality control representative
• Review the work in place for conformance with the contract documents (review materials
delivered to site to insure they match with approved shop drawings and submittals)
• Manage field testing on materials in place to insure compliance with the contract
documents (i.e. flood testing of roof, water testing of window wall systems)
• Manage testing and inspection company as they test construction materials to verify
compliance with the contract documents. This includes building pad compaction testing,
footing inspections, reviewing the utility trench backfill and testing, parking area subgrade
testing, asphalt testing, retaining wall backfill compaction testing, street improvements
subgrade testing, street improvements utility trench backfill and testing, concrete testing
and inspections, structural steel testing and Inspections, and masonry testing and
inspections.
• Provide site construction surveys to verify lines and grades with the contract documents
Close -Out Phase
• Obtain final as -built drawings, review and cause any corrections to be made prior to
submittal to the city
• Prepare a final project report, which will include a financial report, summary of change
orders, final schedule analysis, and a report on the general contractor, subcontractors and
suppliers.
• Manage the assembly of the General Contractor's Operations and Maintenance manuals,
review for completeness, cause any necessary corrections, approve and submit to the city
The following is gkkworks breakdown of costs not to exceed:
1. The cost to complete Construction Management Services for the Santa Ana Fire Station
and Training Facility is $273,077.
2. The cost to complete Construction Management Services for the Newport Coast
Community Center is $374,334.
3. Should we be awarded both contracts and they run concurrently, the cost to complete
Construction Management Services is $539,111. The savings realized under this option
comes from the sharing of administrative services and management oversight. In all
cases, each project will be managed by the Project Manager, or the Sr. Project Manager
with appropriate support staff (scheduling, cost estimating, etc) as needed (please refer
204115W Birch Street I suite 3001 NEWPORT BEACH I CA 92660
949$50.1500 1 949.955.2708 fax I W WY6gkkwark com
E
g kkwork <_
to our previously proposed Staffing Approach). We recommend that any staggering of
the pre - construction /kick -off meetings be limited to a time -frame of 25 working days.
This will minimize the overlap time, and alleviate additional oversight, administrative, and
support services time and costs added to the projects.
4. Attached is an hourly rate chart for additional services outside our scope of work (i.e.
installation of FF &E, furniture purchase, telephone system purchase, move management).
gkkworks will provide management and coordinate of testing and surveys on behalf of the
City.
gkkworks is being hired to manage the general contractor to complete construction by
stipulated contract dates. Should the city extend the general contractor additional days to
the contract (i.e. rain delays), gkkworks would then expect the same extension of time to
our contract. However, should an extension of time occur due to the fault of the general
contractor, gkkworks would then look to the general contractor for compensation, through a
deductive change order.
Due to changes in the initial scheduling of these two projects, we have had to reassign two
of the team members previously presented. However, Charlie Merrick remains as Principal -
In- Charge, and we propose Mr. Steve Dunn as our Sr. Project Manager, and Mr. Jerry Fuentes
as our Project Manager, both of whom bring outstanding management skills and construction
knowledge to the project. Please see their attached resumes for your review and approval.
Mr. Dunn has also previously served as Chairman of the Police and Fire Commissions for the
City of Oceanside, and is well suited for this endeavor.
You have my personal commitment that the gkkworks team will meet your needs and exceed
your expectations. If you have any questions or require additional information, please contact
me and I'll be happy to accommodate you!
Most Sincerely,
gkkworks
Jody Harris
Director of Business Development
Cc: Mark Brown - Director of Operations
file
20411 5W Birch Street I Suite 3001 NEWPORT BEACH I CA 92660
949.2501500 1949.955270B fax I www.gkkworks.mm
0
SCHEDULE OF HOURLY RATES Exhibit B
PR03ECT MANAGEMENT SERVICES
Principal..........................................................................................
............................... $165
OperationsManager ...............................................
............................... ...........................$160
Sr. Project Manager ..........................................................................
............................... $150
ProjectManager ....................................................
............................... ...........................$125
ProjectEngineer ....................................................
............................... ...........................$100
General Superintendent ..........................................
............................... ...........................$150
Superintendent... ............................................................................................................
$135
SeniorEstimator ..............................................................................
............................... $140
Estimator........................................................................................
............................... $115
Scheduler........................................................................................
............................... $115
Safety.............................................................................................
............................... $100
Administrative....................................................................................
............................... $65
HOURLY RATE INCLUSIONS REIMBURSABLES
Items included in our hourly rates: The following are reimbursable items:
• Wages
Room and board costs for overnight stays
• Fringe benefits and payroll taxes
Permits and fees
• Workers compensation insurance
• Plan check fees
• Cell phone costs
• Architecture or engineering costs
• Computers and computer software
! • Hazardous materials inspection, testing or
• Main office overhead costs
i abatement
• Profit
• Payment and performance bonds
• Business license
• Office supplies
• Progress photographs
• Mileage
• Office Trailer
• Postage
• Copier Expense
These rates are good thru the end of the contract for the Newport Coast Community Center and the Santa
Ana Heights Fire Station and Training Facility projects.
M.
April 26,
Charles Merrick, Vice President
GKK Works
20411 SW Birch Street, Suite 300
Newport Beach, CA 92660
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
APR 2 8 20M
NEWPORT PF n,
CH. CA
Subject: Professional Services Agreement for Construction Management Services for the
Newport Coast Community Center and Santa Ana Heights Fire Station and Training
Facility
Dear Mr. Merrick,
Enclosed are two copies of the Professional Services Agreement for the design of the above
referenced subject.
The Agreement provisions require you to furnish original certificates of insurance and original
endorsements in strict compliance with all of the requirements outlined in Section 14.
INSURANCE. An individual authorized by the insurer to bind coverage on its behalf must execute
these documents. Also, the Cancellation Clause shall read: "Should any of the above described
policies be cancelled before the expiration date thereof, the issuing company will mail 10 days written
notice to the certificate holder named to the left." All certificates and endorsements must be received
and approved by the City prior to the commencement of the work. We suggest that you fax a
complete copy of Section 14. INSURANCE of the Agreement to your insurance carrier to
expedite the process. There are no exceptions to our insurance requirements. The insurance
company may e-mail PDF certificates and endorsements to soyler Co?citv.newgort- beach.ca.us.
Please sign both copies of the Agreement and return to me along with your certificates of insurance
and endorsements within 10 working days of receipt of this agreement. Upon approval of your
insurance documents, the City of Newport Beach will execute the agreement and a copy will be
returned to you for your files. Work should not be started until your firm receives the fully
executed Agreement.
We look forward to working with you on this project. If you have any questions, please contact me at
(949) 644 -3311 .
ere
i.
auna Oyler C
Public Works Specialist
Enclosures
f:luserslpbyB"@d*gwposbt34dibe%Q�Sd: Newport Beach, California 92658 -8915
Telephone: (949) 644 -3311 , Fax: (949) 644 -3318 • www.city.newport- beach.ca.us
CIIPM$I- RSA
r &ORPnR
ACORD,e CERTIFICATE OF LIABILITY
MD)D YYI
INSURANCE
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
s/191os
05/191
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates
P. O. Box 10550
Santa Ana, CA 92711 -0550
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POLICY EXPIRATION
DATE MM D
714 427 -6810
INSURERS AFFORDING COVERAGE
INSURED
GKK Corporation
20411 SW Birch St. Ste 300
INSURER A. United States Fidelity & Guaranty
INSURER & New Hampshire Ins. Co.
02/15/06
Newport Beach, CA 92660
NSURER C:
INSURER D:
INSURER E:
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑X OCCUR
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR
TYPE OF INSURANCE
POLICYNUMSER
POLICY EFFECTIVE
M DIYY
POLICY EXPIRATION
DATE MM D
LIMITS
A
GENERALLIASILRY
BKO1307260
02/15/06
02/15107
EACH OCCURRENCE
$1000000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ❑X OCCUR
Gen. Liab.policy
excludes claims
FIRE DAMAGE (AM fire)
$300000
MEDEXP(Ar,.w"..)
$16000
PERSONAL S ADV INJURY
s1 000 060
arising out of the
GENERAL AGGREGATE
s2 000 000
performance of
GEM AGGREGATE LIMIT AP :
PRODUCTS - COMP[OPAGG
$2000660
prof. services
7PER
POLICY PRO-
LOG
A
AUTOMOBILE
LIABILITY
ANY AUTO
BKO1307260
02115106
02115107
COMBINED SINGLE LIMIT
(EaecddeM)
$1,000,000
BODILY INJURY
(PerPersoal
S
ALL OWNED AUTOS
SCHEDULEDAUTOS
X
BODILY INJURY
{Per acvdenl)
HIREDAUTOS
NON-OWNED AUTOS
X
PROPERTY DAMAGE
(Per acddeN)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER IRAN EA ACC
$
ANY AUTO
S
AUTO ONLY: AGG
A
Excess
LIABILITY
OCCUR F-1 CLAIMS MADE
BKO1307260
02115/06
02/15107
EACH OCCURRENCE
$9,000,000
AGGREGATE
$a 000 000
s
$
DEDUCTIBLE
6
RETENTION $
WORKERS COMPENSATION AND
WC STATU- I OTH-
ER
EMPLOYERS- LIABILM
E.L. EACH ACCIDENT
$
E.L. DISEASE -EA EMPLOYEE
S
EL DISEASE - POLICY LIMIT
5
$
OTHER professional
0441736
02/15106
02/15/07
$5,000,000 per claim
lability
$5,000,000 annl aggr.
/alms Made
DESCRIPTION OF OPERATIONVLOCATIONSNEHMLESIEXCLUSIONS ADDED BY EN9OR$EMENTI6PEcm PROVISIONS
RE: Professional Services Agreement
City of Newport Beach, its elected or appointed
ofOcers,ofNcials,empioyees and volunteers are additional insured on
general & auto liability for services provided by and on behalf of the
above named insured.
City of Newport Beach
Attn: Shauna Oyler
3300 Newport Blvd.
Newport Beach, CA 92650-8915
SHOULD ANYOFTHEABOVE DESCRIBED POl IESSE CANCELLED BEFORE THE EXPRATON
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMA{L3D— DAYSWRInEN
NOMCETOTHE CERTIFICATE HOLDERNAMED TOTHELEFT, BUTFALURE TODOSOMALL
IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,RS AGENTS OR
ACORO 255 (7197)1 of 1 #S160450/M160449 JMC m ACORD CORPORATION 1998
0 0
Policy Number: BKO1307260
Owners Lessees or Contractors (Form B)
ADDIT16NAL INSURED
Change(s) Effective: 05/19/06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY. This endorsement modifies insurance policy under the following:
LIABILITY COVERAGE PART:
Schedule
Name of Person or Organization:
City of Newport Beach
Attn: Shauna Oyler
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
SECTION II - WHO IS AN INSURED is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to liability
arising out of "your work' for that insured by or for you.
City of Newport Beach, its elected or appointed
officers,officials,employees and volunteers
PRIMARY INSURANCE:
IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED
SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS
INSURANCE.
WAIVER OF SUBROGATION:
IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF
SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS
THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO.
CL/BF 22 40 03 95
STATE
COMPENSATION
INSURANCE
FUND
•
CERTHOLDER COPY
P.O. BOX 420807, SAN FRANCISCO,CA 94142 =0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 05 -25 -2006
CITY OF NEWPORT BEACH SG
3300 NEWPORT BLVD
NEWPORT BEACH CA 92663 -3816
GROUP.
POLICY NUMBER 1750022 -2005
CERTIFICATE ID: 80
CERTIFICATE EXPIRES: 07 -01 -2006
07 -01- 2005/07 -01 -2006
THIS CERTIFICATE SUPERSEDES AND CORRECTS
CERTIFICATE # 78 DATED 05 -18 -2008
JOB:SANTA ANA HEIGHTS FIRE STATION 8
TRAINING FACILITY
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period that will expire or did
expire as indicated above.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy.
THORIZED REPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #'1600 - PRAFUL M. KULKARNI PRES - EXCLUDED.
ENDORSEMENT #1600 - DAVID N. HUNT SEC - EXCLUDED.
ENDORSEMENT #1600 - LEN METCALF TRES - EXCLUDED.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07 -01 -2004 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2006 -05 -25 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME:
CITY OF NEWPORT BEACH
EMPLOYER
GKK CORPORATION
20411 SW BIRCH ST STE 300
NEWPORT BEACH CA 92660
SG
[VMG,CNI
WEV.2 -115) PRINTED : 05 -25 -2006
0 0
WAIVER OF SUBROGATION NOTICE
Enclosed is your copy of a certificate of insurance on which the certificate holder
required a waiver of subrogation:
1. Please be advised that a waiver of subrogation requires that a 3% surcharge
will be applied by State Fund ONLY to the premium assessed on the payroll
of your employees earned while engaged in work for that certificate holder
who requested the waiver. (Note: if you have no employee payroll on that job,
then there is no charge.)
2. To apply the 3% surcharge, you must also agree to maintain accurately
segregated payroll records for employees engaged in work on job /s for the
certificate holder who has the waiver. The payroll records are subject to
verification by an auditor.
Example:
Payroll for job:
Sample Rate:
Regular Premium equals:
Surcharge:
Additional Waiver charge:
Total premium equals
$5,000.00
13.30%
$ 665.00
3.00%
$ - 19.95
$ 684.95 (665.00 + 19.95)
MAY -f8 -2006 15:25 FROM: a T0i9496443318 P.1 /1
Fax* (Qgg) (OYy'��
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: '-//I A Dept /Contact Received From: y rlau„C� Q
Date Completed: k- !t /a (0 Sent to: 4Uf4szq B otin1
Company /Person required to have certificate/: A /KKK Word r
I. A. INSURANCE COMPANY: Uk >c LC
B. AM BEST RATING (A: VII or greater): AW
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? Yes ❑ No
D. LIMITS (Must be $11M or greater): What is limit provided? Y M14 I tuil pfc
E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? :]Yes No
F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? �J Y s
y ..,10
G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included):
Is it included? Yes .110
H. CAUTIONI (Confirm that loss or liability of the named insured is not
limited solely by their negligence) Does endorsement include "solely by
negligence" wording? ❑ Yes No
1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording.
U. AUTOMOBILE LIABILITY � rr
A. INSURANCE COMPANY: aVq i t 1
B. AM BEST RATING (A: VII or greater):
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? Yes ❑ No
D. LIMITS (Must be $iM min. BI & PD and $500,000 UM): What is limits provided? k1 n..a'ran
E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its
officers, officials, employees and volunteers): Is it included? dyes , .+lo
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only):
Is it included? Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of
cancellation by certified mail; per Lauren Farley. the City will accept the endeavor wording.
III. WORKERS' COMPENSATION n� --// /r -{
A. INSURANCE COMPANY: ' 407 j t?u.r� G nt • 1ptc. A^z
B. AM BEST RATING (A: VII or greater):
C. LIMITS: Statutory /
D. WAIVER OF SUBROGATION (To include): Is it included? ❑ es No
HAVE ALL ABOVE REQUIREMENTS BEEN MET? No
C es jj
10 NO WHICH ITFPAq NFFr1 m cc r -nruor =T=no 1A) C ^ r.
Op-z5? �s
LD
C -34938
S • ( / /loo uv0 )
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 12
Date: April 25, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Lloyd Dalton, Design Engineer
949 - 644 -3328
Idalton@cfty.newport-beach.ca.us
SUBJECT: NEWPORT COAST COMMUNITY CENTER AND SANTA ANA HEIGHTS
FIRE STATION AND TRAINING FACILITY - APPROVAL OF A
PROFESSIONAL SERVICES AGREEMENT WITH GKK WORKS
RECOMMENDATION:
Approve a Professional Services Agreement for construction management services with
GKK Works, and authorize the Mayor and City Clerk to execute the Agreement in the
amount of $539,111.
DISCUSSION:
In May of 2004, City staff published a call for construction management (CM) fines to
submit qualifications to provide CM services for two of the City's building projects. The
submittals were independently reviewed to evaluate each firm's qualifications, past
experience on similar projects, availability, etc. Of the six firms that responded, the
review team evaluated GKK Works as the most qualified CM services firm.
Construction management services are needed for the Newport Coast Community
Center and the Santa Ana Heights Fire Station and Training Facility construction
projects. Anticipating the possibility that one contractor could be the low bidder on both
projects, staff structured each construction contract such that the City may stagger the
start dates on the projects in order to accommodate a single contract for CM services
and a single contract for construction for both projects, if desired.
Upon opening bids and seeing that the same firm was in fact the low bidder on both
projects, staff requested that GKK propose to provide CM services for the two projects.
Staff felt that joint CM services will be desirable since the two sites are within 4 miles of
each other and since CM costs would be reduced if one firm could handle both projects.
Title of Project - Approval of Profesz Services Agreement with GKK Works
Date - April 25, 2006
Page 2
GKK's proposal is attached for City Council review. GKK's scope of services and fees
are shown therein. Survey, geotechnical and testing services will be provided by outside
consultants pursuant to the On -Call Professional Services Agreement approved by City
Council on June 28, 2005. GKK's not -to- exceed total fees shown on Page 2 of its
proposal indicate how GKK can provide CM services at both sites and reduce project
costs by more than $108,000.
A draft Professional Services Agreement to provide CM services for both projects is
attached. In the event the Newport Coast Community Center construction contract is not
awarded, staff will revise the proposed agreement with GKK to apply only to the Santa
Ana Heights' Fire Station and Training Facility project. Or vice versa.
Funding Availability:
If contracts are awarded to construct both projects, sufficient funds are available in the
following two accounts to cover the cost of construction management:
Account Description
Account Number Amount
Newport Coast Community Center 7298- C5100705 $311,714
Santa Ana Heights Fire Station and Training Facility 7256- C2320669 $227,397
Total CM cost for concurrent management: $539,111
If a contract is awarded to construct just one of the projects, sufficient funds are available
in the following accounts to cover the respective cost for construction management:
Account Description
Newport Coast Community Center
Account Number Amount
7298- C5100705 $374,334
Santa Ana Heights Fire Station and Training Facility 7256- C2320669 $273,077
Prepared by:
fyyLloyd Dalton, P.E.
Design Engineer
Submitted by:
St . Badum, P.E.
ublic Works Director
Attachment: Proposal from GKK Works
Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT WITH
GKK WORKS
FOR CONSTRUCTION MANAGEMENT SERVICES
FOR THE NEWPORT COAST COMMUNITY CENTER
AND SANTA ANA HEIGHTS FIRE STATION AND TRAINING FACILITY
THIS AGREEMENT is made and entered into as of this _ day of ,
2006, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and GKK Works, a corporation whose address is 20411 SW Birch Street, Suite
300, Newport Beach, California, 92660 ( "Consultant'), and is made with reference to
the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to cant' on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City desires to retain construction management services for Newport Coast
Community Center and Santa Ana Heights Fire Station and Training Facility.
C. City desires to engage Consultant to provide such construction management
services ( "Project').
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Charles
Merrick, Vice President.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of December, 2007, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference. The
City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery, or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all work performed in accordance with this
Agreement, including all reimbursable items and subconsultant fees, shall not
exceed Five Hundred Thirty Nine Thousand, One Hundred Eleven and
00/100 Dollars ($539,111.00) without additional authorization from City. No
billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and /or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
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on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in
advance by City. Unless otherwise approved, such costs shall be limited
and include nothing more than the following costs incurred by Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Jerry Fuentes to
be its Project Manager. Consultant shall not remove or reassign the Project
Manager or any personnel listed in Exhibit A or assign any new or replacement
personnel to the Project without the prior written consent of City. City's approval
shall not be unreasonably withheld with respect to the removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
The Project Manager and any other assigned staff shall be equipped with a
Nextel Plus type cellular /direct connect unit to communicate with City staff.
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Consultant's Nextel Direct Connect I.D. number will be provided to City to be
programmed into City Nextel units, and vice versa.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Lloyd
Dalton, PE, shall be the Project Administrator and shall have the authority to act
for City under this Agreement: The Project Administrator or his authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
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Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to fumish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
8.4 The term Construction Management or Construction Manager does not
imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or be in
charge of and shall not be responsible for the project's design, City's
project contractor ( "Contractor"), construction means, methods,
techniques, sequences or procedures, or for any health or safety
precautions and programs in connection with the work. These duties are
and shall remain the sole responsibility of the Contractor. Consultant shall
not be responsible for the Contractors' schedules or failure to carry out the
work in accordance with the contract documents. Consultant shall not
have control over or be responsible for acts or omissions of City, Design
Engineer, Contractor, Subcontractors, or their Agents or employees, or of
any other persons performing portions of the work.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties ") from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
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action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and,amounts described below and in a form satisfactory to City.
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A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
i. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days prior to such change (10 day written notice
for nonpayment of premium). The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees
and volunteers for losses arising from work performed by
Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
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iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days written notice has been
received by City (10 day written notice for nonpayment of
premium).
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F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
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Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel..
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
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22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
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persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section..
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Lloyd Dalton, PE
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949 - 644 -3328
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Jody Harris
GKK Works
20411 SW Birch Street, Suite 300
Newport Beach, CA 92660
Phone: 949 - 250 -1500
Fax: 949 - 955 -2708
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
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Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for. services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
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34. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
36. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
Aaron C. Harp
Assistant City Attorney
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
GKK WORKS:
By:
(Corporate Officer)
Title:
Print Name:
By:
Title:
(Financial Officer)
Print Name:
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
F: 1Users\PBW\Shared\AgreementslFY 05- 061GKK Works- Np(CoastCommCtr.doc
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Exhibit A
gkkwork.s.
April 14, 2006
Mr. Lloyd R. Dalton, PE
Design Engineer
City of Newport Beach
3380 Newport Blvd.
Newport Beach, CA 92663
Re: CM Services Proposal - Revised I Newport Coast Community Center and the Santa Ana
Heights Fire Station and Training Facility
Dear Lloyd:
Per your request, gkkworks is pleased to submit our proposal to provide Construction
Management Consulting Services for the Newport Coast Community Center and the Santa
Ana Heights Fire Station and Training Facility. This is an exciting opportunity and we thank
you in advance for your consideration. The following is a breakdown of the services we are
proposing to provide:
Construction Phase
• Manage the Contractors' monthly updates for logic, work item timeframes, and contract
compliance, and negotiate necessary changes in order to maintain schedule and
performance
• Review contractor's Requests for information (RFI's), shop drawings, samples and
submittals, and prior to submitting to the Architect, will comment on their constructability,
cost, effects on budget and schedule, clarity, consistency and completeness
• Review change order requests for completeness, accuracy, and justifiability, negotiate final
cost and process any contractor change orders
• Develop and update a change order report for the use of the City and the Architect
• Insure that the contractor understands the City's construction policies and procedures
• Manage the contractor and other consultants and take the lead role in solving field
problems
• Maintain jobsite records, including photographs and videos to document the contractor's
progress, quality and conformance with the contract documents
• Review, verify and approve the contractor's monthly pay requests
• Review as -built drawings on a monthly basis, insuring the contractor inserts necessary
updated information
20411 SW Birch Street I SUite 3001 NEWPOkr BEACH I CA 92660
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• Develop and monitor the, quality of construction, insuring against defects and deficiency in
the contractor's work. Any nonconforming work will be documented and issued to the city
and to the contractor
• Develop a. project punch list and insure that all punch list items are completed within a
timely manner
• Monitor the contractor's mandated jobsite safety program
• Act as the City's site quality control representative
• Review the work in place for conformance with the contract documents (review materials
delivered to site to insure they match with approved shop drawings and submittals)
• Manage field testing on materials in place to insure compliance with the contract
documents (i.e. flood testing of roof, water testing of window wall systems)
• Manage testing and inspection company as they test construction materials to verify
compliance with the contract documents. This includes building pad compaction testing,
footing inspections, reviewing the utility trench backfill and testing, parking area subgrade
testing, asphalt testing, retaining wall backfill compaction testing, street improvements
subgrade testing, street improvements utility trench backfill and testing, concrete testing
and inspections, structural steel testing and inspections, and masonry testing and
Inspections.
• Provide site construction surveys to verify lines and grades with the contract documents
Close -Out Phase
• Obtain final as -built drawings, review and cause any corrections to be made prior to
submittal to the city
• Prepare 'a final project report, which will include a financial report, summary of change
orders, final schedule analysis, and a report on the general contractor, subcontractors and
suppliers.
• Manage the assembly of the General Contractor's Operations and Maintenance manuals,
review for completeness, cause any necessary corrections, approve and submit to the city
The following is gkkworks breakdown of costs not to exceed:
1. The cost to complete Construction Management Services for the Santa Ana Fire Station
and Training Facility is $273,077.
2. The cost to complete Construction Management Services for the Newport Coast
Community Center is $374,334.
3. Should we be awarded both contracts and they run concurrently, the cost to complete
Construction Management Services is $539,111. The savings realized under this option
comes from the sharing of administrative services and management oversight. In all
cases, each project will be managed by the Project Manager, or the Sr. Project Manager
with appropriate support staff (scheduling, cost estimating, etc) as needed (please refer
20411 SW Birch Street I Suite 3001 NEWPORT BEACH I CA 92660
949.250.1500 1949.9552708 Fax I M'W W.qkkWqft.cOrr,
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to our previously proposed Staffing Approach). We recommend that any staggering of
the pre- construction /kick -off meetings be limited to a time -frame of 25 working days.
This will minimize the overlap time, and alleviate additional oversight, administrative, and
support services time and costs added to the projects.
4. Attached is an hourly rate chart for additional services outside our scope of work (i.e.
installation of FF&E, furniture purchase, telephone system purchase, move management).
gkkworks will provide management and coordinate of testing and surveys on behalf of the
City.
gkkworks is being hired to manage the general contractor to complete construction by
stipulated contract dates. Should the city extend the general contractor additional days to
the contract (i.e. rain delays), gkkworks would then expect the same extension of time to
our contract. However, should an extension of time occur due to the fault of the general
contractor, gkkworks would then look to the general contractor for compensation, through a
deductive change order.
Due to changes in the initial scheduling of these two projects, we have had to reassign two
of the team members previously presented. However, Charlie Merrick remains as Principal -
In- Charge, and we propose Mr. Steve Dunn as our Sr. Project Manager, and Mr. Jerry Fuentes
as our Project Manager, both of whom bring outstanding management skills and construction
knowledge to the project. Please see their attached resumes for your review and approval.
Mr. Dunn has also previously served as Chairman of the Police and Fire Commissions for the
City of Oceanside, and is well suited for this endeavor.
You have my personal commitment that the gkkworks team will meet your needs and exceed
your expectations. If you have any questions or require additional information, please contact
me and I'll be happy to accommodate you!
Most Sincerely,
gkkworks
Jody Harris
Director of Business Development
Cc: Mark Brown - Director of Operations
file
20411 SW Birch Street I Suite 3001 NEWPOm BEACH I CA 92660
949.250.1500 1949.9552708 fax I www.gkkworksxom
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SCHEDULE OF HOURLY RATES Exhibit B
PR03ECT MANAGEMENT SERVICES
Principal.......................................................................................... ............................... $165
OperationsManager .......................................................................... ............................... $160
Sr. Project Manager .......................................................................... ............................... $150
ProjectManager .................................................... ............................... ...........................$125
ProjectEngineer .................................................... ............................... ...........................$100
General Superintendent .......................................... ............................... ...........................$150
Superintendent................................................................................ ............................... $135
SeniorEstimator .............................................................................. ............................... $140
Estimator........................................................................................ ............................... $115
Scheduler........................................................................................ ............................... $115
Safety............................................................................................. ............................... $100
Administrative.................................................................................... ............................... $65
HOURLY RATE INCLUSIONS REIMBURSABLES
Items Included in our hourly rates: The following are reimbursable items
• Wages
• Room and board costs for overnight stays
• Fringe benefits and payroll taxes
Permits and fees
• Workers compensation insurance
Plan check fees
• Cell phone costs
• Architecture or engineering costs
• Computers and computer software
• Hazardous materials inspection, testing or
• Main office overhead costs
abatement
• Profit
Payment and performance bonds
• Business license i
• Office supplies
• Progress photographs
• Mileage
• Office Trailer
• Postage
• Copier Expense
These rates are good thru the end of the contract for the Newport Coast Community Center and the Santa
Ana Heights Fire Station and Training Facility projects.
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