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Home My WebLink AboutC-4527(K) - PSA for Construction Phase Services for Newport Beach Civic Center and Park Project (Newport Beach Civic Center)AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH ANDERSON -PENNA PARTNERS, INC., FOR CONSTRUCTION PHASE SERVICES FOR NEWPORT BEACH CIVIC CENTER & PARK PROJECT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT (" Agreement') is made and entered into as of the 27fk day of November, 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and ANDERSON•PENNA PARTNERS, INC., a California corporation ( "Consultant "), whose address is 309 Agate Street, Laguna Beach, CA 92651, and is made with reference to the following: RECITALS A. On February 22, 2011 ( "Effective Date "), City and Consultant entered into a Professional Services Agreement ( "Agreement") for construction phase services for Newport Beach Civic Center & Park Project ( "Project'). B. City desires to enter into this Amendment No. One to increase the scope of work, to extend the term of the Agreement to April 30, 2013, and to increase the total compensation. C. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: ff T-.M Section 1 of the Agreement shall be amended in its entirety and replaced with the following: The term of the Agreement shall commence on the Effective Date, and shall terminate on April 30, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement shall be supplemented to include the Additional Services, which is attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A ". The City may elect to delete certain tasks of the Services To Be Performed at its sole discretion. 1 COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, Exhibit A of Amendment No. One, and the Schedule of Billing Rates contained in Exhibit B of the Agreement. Consultant's compensation for all Work performed in ANDERSON•PENNA PARTNERS, INC. Page A -1 accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred Ninety -Six Thousand Six Hundred Forty -Five Dollars and 901100 {$1,298,645.90} ("Total Amended Compensation") without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One in an amount not to exceed Two Hundred Five Thousand Eight Hundred Five Dollars and 901140 ($205,805.9000). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] + ._. - ._. y PARTNERS, Page IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTOR EY'S OFFICE Date: By: Aaron C. Harp City Attorney ATTEST: Date: U. By: Leilani I. Brown City Clerk s74L1 FO„ CITY OF NEWPORT BEACH, a California muDicipal corporation Date: By: Nancy Gar er Mayor CONSULTANT: ANDERSON-PENNA PARTNERS, INC., a California corporation Date: &-Ao liz By:' -- - — - IloTZc ant Chiefive Officer Date: / By: aW4-1� Angel ue ucero Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Proposal for Contract Amendment for Construction Phase Services for the City of Newport Beach Civic Center and Park Project, dated 11/16/12 ANDERSON•PENNA PARTNERS, INC. Page 3 EXHIBIT A ANDERSON -PENNA PARTNERS, INC. Page A -1 ANDERSON • PENNA • PARTNERS IN PROJECT DELIVERY- November 16, 2012 Mr. Steve Badum, P.E. Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposal for contract amendment for Construction Phase Services for the City of Newport Beach Civic Center and Park Project Thank you for allowing us the opportunity to present this proposal to continue to provide construction support services associated with the new City Civic Center facility. Per our recent discussions this proposal requests to amend our scope of services and fee estimate to continue to provide a contract Project Building Official, project inspectors and construction phase plan review services through the extended completion date for the building structures included in our original Contract. Additional services are also proposed to add inspection services for the San Miguel Bridge. AndersonPenna Partners, Inc. and Interwest Consulting Group will continue to work together to provide the City of Newport Beach with the most qualified and cast effective team to meet the oversight requirements associated with this project. The following pages provide details of the additional scope of services and proposed additional fee. We look forward to continuing our working relationship with the City as this exciting project nears completion. The following pages include our proposed approach to continue to provide comprehensive inspection services for both the building and park development portions of the project. If you should have any questions please do not hesitate to contact me at (949) 922 -2800. Principal 20280 ACACIA STREET, SUITE 100 ® NEWPORT BEACH, CA 92660 WWW.ANDPEN.COM PHN 949 428 1 500 o FAX 949 258 5053 CERTIFIED UDSE City of Newport Beach Civic Center Construction Phase services , me ff "mm EB3E1'�� Original Contract Adjustment: The original Contract provided for plan check and inspection services over a 24 month duration, which would have resulted in a project completion in late January 2013. The latest project schedule estimates completion in late March, 2013. Additionally, the intensity of construction activities has required adjustment, outside of AndersonPenna's scope and control, of anticipated concurrent activities, resulting in a less than optimal utilization of inspection and /or plan checking resources. We have strived to adjust the level of effort required to accommodate for most of the schedule fluctuations, however some inefficient utilization of our staff was unavoidable to maintain an appropriate level of inspection oversight and plan check responsiveness throughout the construction process. The current level of activity on site is now at a peak with all forces striving to achieve critical project milestone deadlines. Additionally there has been somewhat of an inordinate number of submittal cycle reviews required due to incomplete and /or unsatisfactory product and shop drawings throughout the project which has resulted in a higher level of plan checking effort than contemplated in the original Contract. In order to maintain consistency with the current inspection program for the new civic center, library expansion and parking structure we propose that additional funding be provided to maintain the current staffing level throughout the extended duration of the Newport Beach Civic Center project. Additional Services: We understand that the City desires inspection staff augmentation to provide quality control over the San Miguel Bridge, which is currently outside of our scope of work. Scope of Services The AndersonPenna / Interwest team will continue to provide qualified inspection, plan check engineering and building official services per the original Contract, through the extended completion date, anticipated in late March, 2013. The proposal is based upon projected hours on a time and material basis. The City will be billed for actual costs for required personnel and costs to deliver the proposed services. As you requested, we have provided an estimate of potential project closeout costs and a reserve in event of any delays, unforeseen issues, or requested assistance that may arise at the end of the project. We understand that this reserve will not be used unless specifically authorized by the City The proposed expanded scope of services includes providing construction inspection services for the San Miguel Bridge, including monitoring and coordination of street closures, monitoring and documentation of the construction process in compliance with the plans and specifications and coordinating the work of special inspectors. I I P a g e �. -.*%� ANDERSON -PENNA City of Newport Beach Civic Center Construction Phase Services 1 ITU A Orisinal Contract Adjustment: The additional level of effort to absorb the schedule adjustments and extensions described above results in an estimated additional fee amount of: $144,435.90 Additional Services: The proposed additional services described above result in an estimated additional fee amount of: $61,370.00 Total Requested Fee Amendment: $205.805.90 All services are proposed to be billed on an hourly basis utilizing the Schedule of Hourly Billing Rates established in our original agreement for construction phase services. Attached is a detailed breakdown of requested additional fee. 2j Page -.,%, ANDERSON PENNA U W 0 0 0 0 0 0 0 0 0 0 0 0 N; 0 0 0 0 0 0 0 0 0 0 0 0 au E 0 0 0 0 0 0 0 0 0 0 In V1 N UO O 00 O W O O 00 O N w ,01 a n dl O m NO O O O I� Ln N a > N � l0 r N e-1 N a --I a --I N c -I IN j L} VT L? L4 t4 t4 V). VII A V'? 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L ,U U O fl E o o a u c m o m" Y v O) Q -0 O > E a c U O1 � \ L 7 O 0 _ : c �Y OJ E -0 U Q OJ E o > Z \ i L 7C O 2 O1 K 7 O 2 O Ln O 00 to O N fl- -L4 Agenda Item No. 19 November 27, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Stephen G. Badum, Assistant City Manager 949 - 644 -3002, sbadumanewportbeachca.aov PREPARED BY: Stephen G. Badum, Assistant City Manager APPROVED: +? TITLE: Amendment to PSA with Anderson Penna for Civic Center Plan Check and Inspection Services ABSTRACT: The City retained Anderson Penna to sere as the Building Official and to provide plan check and building inspection services for the Civic Center project. Due to schedule changes and the addition of the San Miguel Pedestrian Bridge to the project, additional services and an amendment to their original contract will be required. RECOMMENDATIONS: 1) Authorize the City Manager and City Attorney to execute an amendment to the PSA with Anderson Penna, increasing the original contract by $205,805.90 to a revised cost not to exceed $1,296,645.90 2) Approve Budget Amendment No. 13BA -023 appropriating $205,805.90 from the Facilities Replacement fund to Account No. 7410- C1002031, FUNDING REQUIREMENTS: If approved, the additional services will be funded from the Facilities Replacement Fund. On February 22, 2011, City Council approved a professional Services Agreement with Anderson Penna to sere as the Building Official and to provide plan check and building inspection services for the Civic Center project. The contract is a time and materials Amendment to PSA with Anderson Penna for Civic Center Plan Check and Inspection Services November 13, 2012 Page 2 contract at a cost not to exceed $1,090,840. The original contract envisioned a 24- month schedule with termination at the end of January 2013. Current schedule projections show that the City Hail Office building will be completed in the original time frame. However, that achievement required additional plan check and inspection staff time to perform out of sequence plan check and inspections, concurrent inspections, and some overtime. There has also been an unanticipated higher level of submittal reviews due to incomplete and /or unsatisfactory work product and shop drawings which is attributable to the complexity of the building design. The recent addition of remedial work to the library could potentially delay the completion of the Library addition into late February or early March. Additional staffing will be required to successfully complete the Library addition. Additionally, the City has added the San Miguel Pedestrian Bridge to the project and the original scope did not include the plan check and inspection of that work. With the above stated issues in mind, City staff requested a proposal for additional services necessary to complete the project from Anderson Perna. Additionally, staff requested that a separate allowance be proposed for potential extended services and project closeout services in the event of any further schedule delays or need to assist staff with potential project closeout issues. The separate allowance would be held in reserve and no work would be performed unless there is specific written authorization by the City. The proposed amendment to the Anderson Penna contract is $153,540.90 with an additional reserve of $61,370 for a total cost not to exceed $205,805.90. The work will be billed on a time and materials basis. The amended contract will expire in April 2013. With the approval of this amendment, the total cast not to exceed cost will be $1,296,6445.90. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item), 2 Amendment to PSA with Anderson Penna for Civic Center Plan Check and inspection Services November 13,2012 Page 3 Submitted by: Stephe Badum Assist6nf City Manager Attachment: A. Professional Services Agreement B. Budget Amendment AMENDMENT NO. ONE TO PROFESSIONAL, SERVICES AGREEMENT WITH ANDERSON•PENNA PARTNERS, INC., FOR CONSTRUCTION PHASE SERVICES FOR NEWPORT BEACH CIVIC CENTER & PARK PROJECT THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and entered into as of the day of November, 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and ANDERSON•PENNA PARTNERS, INC., a California corporation ( "Consultant"), whose address is 309 Agate Street, Laguna Beach, CA 92 651, and is made with reference to the following: RECITALS A. On February 22, 2011 ( "Effective Date "), City and Consultant entered into a Professional Services Agreement ( "Agreement") for construction phase services for Newport Beach Civic Center & Park Project ( "Project "). B. City desires to enter into this Amendment No. One to increase the scope of work, to extend the term of the Agreement to April 30, 2013, and to increase the total compensation. C. City and Consultant mutually desire to amend this Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement shall be amended in its entirety and replaced with the following: The term of the Agreement shall commence on the Effective Date, and shall terminate on April 30, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Section 2 and Exhibit A of the Agreement shall be supplemented to include the Additional Services, which is attached hereto as Exhibit A and incorporated herein by reference. Exhibit A of the Agreement and Exhibit A of Amendment No. One shall collectively be known as "Exhibit A". The City may elect to delete certain tasks of the Services To Be Performed at its sole discretion. 3. COMPENSATION TO CONSULTANT The introductory paragraph to Section 4 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section, Exhibit A of Amendment No. One, and the Schedule of Billing Rates contained in Exhibit B of the Agreement. Consultants compensation for all Work performed in ANDERSON•PENNA PARTNERS, INC, Page A -1 accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred Ninety -Six Thousand Six Hundred Forty -Five Dollars and 90/100 ($1,296,645.90) ( "Total Amended Compensation ") without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional services to be performed in accordance with this Amendment No. One in an amount not to exceed Two Hundred Five Thousand Eight Hundred Five Dollars and 90 /100 ($205,805.9000). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement, as amended shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] ANDERSON -PENNA PARTNERS, INC. Page 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATT R Y'S OFFICE a California municipal corporation Date: t 1 1 7, -- Date: By: fx� � By: Aaron C. Harp `{ _ �. , vlirs Nancy Gardner City Attorney Mayor ATTEST: CONSULTANT: ANDERSON•PENNA Date: PARTNERS, INC., a California corporation Date: By: By: Leilani 1. Brown Mallory McCamant City Clerk Chief Executive Officer Date: By: Angeiique Lucero Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A -- Proposal for Contract Amendment for Construction Phase Services for the City of Newport Beach Civic Center and Park Project, dated 11/16/12 ANDERSON -PENNA PARTNERS, INC. Page 3 EXHIBIT A ADDITIONAL SERVICES TO BE PERFORMED ANDERSON -PENNA PARTNERS, INC. rage A -1 ANDERSON • PE NNA . PARTNERS IN PROJECT DELIVERY• November 16, 2012 Mr. Steve Badum, P.E. Public Works Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposal for contract amendment for Construction Phase Services for the City of Newport Beach Civic Center and Park Project Thank you for allowing us the opportunity to present this proposal to continue to provide construction support services associated with the new City Civic Center facility. Per our recent discussions this proposal requests to amend our scope of services and fee estimate to continue to provide a contract Project Building Official, project inspectors and construction phase plan review services through the extended completion date for the building structures included in our original Contract. Additional services are also proposed to add inspection services for the San Miguel Bridge. AndersonPenna Partners, Inc. and interwest Consulting Group will continue to work together to provide the City of Newport Beach with the most qualified and cost effective team to meet the oversight requirements associated with this project. The following pages provide details of the additional scope of services and proposed additional fee. We look forward to continuing our working relationship with the City as this exciting project nears completion. The following pages include our proposed approach to continue to provide comprehensive inspection services for both the building and park development portions of the project. If you should have any questions please do not hesitate to contact me at (949) 922 -2800. Sincerely, isa . Penna. PE Principal 20280 ACACIA STREET. SUITE 100 ° NEWPORT BEACH, CA 92660 WWW,ANDPEN.COM PHN 940 428 1500 0 FAX 949 258 5053 CERTIFIED UDSE City of Newport Beach Civic Center Construction Phase Services A. Additional Services Description Originaj_,rontract Adjustment: The original Contract provided for plan check and inspection services over a 24 month duration, which would have resulted in a project completion In late January 2013. The latest project schedule estimates completion in late March, 2013. Additionally, the intensity of construction activities has required adjustment, outside of AndersonPenna's scope and control, of anticipated concurrent activities, resulting in a less than optimal utilization of inspection and /or plan checking resources. We have strived to adjust the level of effort required to accommodate for most of the schedule fluctuations, however some inefficient utilization of our staff was unavoidable to maintain an appropriate level of inspection oversight and plan check responsiveness throughout the construction process. The current level of activity on site is now at a peak with all forces striving to achieve critical project milestone deadlines. Additionally there has been somewhat of an inordinate number of submittal cycle reviews required due to incomplete and /or unsatisfactory product and shop drawings throughout the project which has resulted in a higher level of plan checking effort than contemplated in the original Contract. In order to maintain consistency with the current inspection program for the new civic center, library expansion and parking structure we propose that additional funding be provided to maintain the current staffing level throughout the extended duration of the Newport Beach Civic Center project. Additional Services: We understand that the City desires inspection staff augmentation to provide quality control over the San Miguel Bridge, which is currently outside of our scope of work. Scope of Services The AndersonPenna / Interwest team will continue to provide qualified inspection, plan check engineering and building official services per the original Contract, through the extended completion date, anticipated in late March, 2013. The proposal is based upon projected hours on a time and material basis. The City will be billed for actual costs for required personnel and costs to deliver the proposed services. As you requested, we have provided an estimate of potential project closeout costs and a reserve in event of any delays, unforeseen issues, or requested assistance that may arise at the end of the project. We understand that this reserve will not be used unless specifically authorized by the City The proposed expanded scope of services includes providing construction inspection services for the San Miguel Bridge, including monitoring and coordination of street closures, monitoring and documentation of the construction process in compliance with the plans and specifications and coordinating the work of special inspectors. 11Page �! ANDERSON PENNA .1— .... .. ... ...1 --h. City of Newport Beach Civic Center Construction Phase Services B. Compensation Orional Contract Adjustment: The additional level of effort to absorb the schedule adjustments and extensions described above results in an estimated additional fee amount of: $144,435.90 Additional Services: The proposed additional services described above result in an estimated additional fee amount of: $61,370.00 Total Requested Fee Amendment: 5205,$0590 All services are proposed to be billed on an hourly basis utilizing the Schedule of Hourly Billing Rates established in our original agreement for construction phase services. Attached is a detailed breakdown of requested additional fee. 21Page ANDERSON- P €NNA 1. --- .....f6. 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Vf V?�VY N M > O Om O O o a 0 40 i O y, e^i ei N L f I 0 0 0 0 0 0 oS o1 tq 000000oo,o oy c�'�4 vi m vi vi o ui ui vi uI vi a ui m m a+ m v m N ry m m us' SN:V1�Vf: VL�VI+V)�*A iaM1 a?i N) SM1 i O A2 ml DI V 0 mlxi °I c e c o w I m¢ L 6= O C 3 x c a v N a` i x G a u N d N 4 x a v a` 0 C a a O n`. N 'o x K d O G 1 f 3 C O i K c a � S n a o � x L d 1 � S O d H � I 7 � i . a , 4 o` h o: x . C d ' O a` 11 City of Newport Beach NO. BA- 13BA -023 BUDGET AMENDMENT 2012 -13 AMOUNT: $zos,sos� EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues Px from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations to provide additional Civic Center plan check and building inspection services due to schedule changes and the addition of the San Miguel Pedestrian Bridge. Funds will be transferred out of the Facilities Replacement Fund and into the Civic Center Fund. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 405 3605 Facilities Replacement Fund - Fund Balance $205,805.90 REVENUE ESTIMATES (3601} Fund/Division Account cr'S!*= rrr EXPENDITUREAPPROPRIATIONS (3603) Description Civic Center Fund - Transfer In $205,805.90 Division Number Account Number Division Number Account Number Division Number Account Number Signed: Finance Approval: City Manager City Council Approval: City Clerk $205,805.90 $205,805.90 11- jet -Ia„ Date Date Date 12 Description Division Number 9405 Facilities Replacement Fund Account Number 9900 Transfer Out Division Number 7410 City Hall Construction Account Number C1002031 Civic Center Project Management Division Number Account Number Division Number Account Number Division Number Account Number Signed: Finance Approval: City Manager City Council Approval: City Clerk $205,805.90 $205,805.90 11- jet -Ia„ Date Date Date 12 PROFESSIONAL SERVICES AGREEMENT WITH ANDERSONPENNA PARTNERS, INC. FOR CONSTRUCTION PHASE SERVICES FOR NEWPORT BEACH CIVIC CENTER & PARK PROJECT THIS AGREEMENT FOR PROFESS ( AL SERVICES ( "Agreement ") is made and entered into as of this ay of jj'' I/�)ff 'W)/ 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and ANDERSONPENNA PARTNERS, INC., a California corporation ( "Consultant "), whose address is 309 Agate Street, Laguna Beach, CA 92651 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to design and construct a new Civic Center and Park to be located at the 12 -acre site north of the Newport Beach Central Library on Avocado Avenue, which will integrate the new City Civic Center Building and Park with the existing library facility ( "Project "). C. City desires to engage Consultant to provide construction support services for the City Civic Center and Park ( "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 Lisa Penna. 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 January 31, 2013 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 ( "Work" or "Services "). 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 One Million, Ninety Thousand, Eight Hundred Forty Dollars and no /100 ($1,090,840.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be AndersonPenna Partners, Inc. 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 Lisa Penna to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. David A. Kiff as City Manager or his designee, 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. AndersonPenna Partners, Inc. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. B. Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. AndersonPenna Partners, Inc. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies. are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to 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. AndersonPenna Partners, Inc. 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the AndersonPenna Partners, Inc. State of California, Section 3700 for all of the subconsultant'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 (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 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, blanket contractual liability. 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 accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes AndersonPenna Partners, Inc. no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. 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 City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of AndersonPenna Partners, Inc establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 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. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 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 AndersonPenna Partners. Inc. shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 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 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. AndersonPenna Partners, Inc. 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 the law or 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, 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: David A. Kiff City Manager's Office City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3000 Fax: 949 - 644 -3020 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: AndersonPenna Partners, Inc. Attn: Lisa Penna AndersonPenna Partners, Inc. 309 Agate Street Laguna Beach, CA 92651 Phone: 949 - 371 -7979 Fax: 949 - 376 -7511 28. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 29. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 30. 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. [cTi�!i9t\19� 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 AndersonPenna Partners, Inc. other term, covenant or condition contained herein, whether of the same or a different character. 32. 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. 33. 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. 34. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 35. 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. 36. 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. 37. 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. 38. 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. AndersonPenna Partners, Inc. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: 11"111A I I Leonie Mulvihill Assistant City Attorney v �! t ATTEST: Date: 3 II By Lei Cit CITY OF NEWPORT BEACH, A California m nicipal corporation Date: By: Michael F. Henn Mayor CONSULTANT:ANDERSONPENNA PARTNERS, INC., a California Cnrnnrnfinn Byf � c fbk I Angeli6lbe lVucero Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates AndersonPenna Partners. Inc. EXHIBIT A City of Newport Beach Civic Center Construction Phase Services A. Scope of Work The Anderson Penna /Interwest team will provide project inspection, construction phase plan review, and Building Official services to the City of Newport Beach for its Civic Center, Parking Structure and Library Expansion project as outlined below. Project Inspection Services The Anderson Penn a /Interwest team will provide qualified inspectors to coordinate and perform required field inspections for the Newport Beach Civic Center project to insure compliance with the approved construction documents and applicable California Building Codes. Qualified Field Inspectors will be assigned to this project to provide oversight for the following: the building portion of the project including the structural, electrical, plumbing and mechanical components; the life safety components of the buildings; the fire sprinkler /fire alarm portion of the project; and the physical accessibility components of the project. Our inspectors will provide continuous and /or periodic construction inspections as necessary to verify that the project is constructed in conformance with the approved project documents and applicable codes. In addition, our project inspector(s) will coordinate the activities of all special inspectors and verify that required special inspections are being performed as required. Our proposed construction inspection team will be lead by an experienced and highly qualified Project Inspector. The Project Inspector will coordinate all project related inspection activities for the project as required by the California Building Code and the City of Newport Beach. The Project Inspector will be responsible to ensure continuous and /or periodic construction inspections are provided as required to verify that the work is in conformance with the approved project plans, applicable building codes and standards. As the work progresses the Project Inspector will be supported by additional specialty inspectors who will be assigned to specific portions of the project, i.e.; civil /site work, plumbing, HVAC, electrical, fire protection, building envelope, waterproofing, finishes, etc., as necessary to verify work is completed in conformance with the approved documents and that all noted deficiencies have been corrected. The Project Inspector will conduct and coordinate communications with the project's representative(s) as needed to maintain the project schedule. Copies of all project - related correspondence will be maintained and provided to the City at their request and at the completion of the project. The Project Inspector will report directly to the City's designated Building Official for this project, Ron Beehler for all project - related work, and for any questions that may arise. Ron was the lead during the plan review process and his knowledge of the project will insure that the City continues to receive quality and efficient oversight. Code interpretations and inspection comments are subject to final review and approval by the designated project Building Official. We have included within this proposal the resume of Roger Peterson, our proposed Project Inspector who has the requisite experience, knowledge and credentials to act in this capacity on behalf of the City of Newport Beach. Roger is a California Licensed Civil /Structural Engineer and in addition to his 11 Page 1 \Itl PM IN,PENNA City of Newport Beach Civic Center Construction Phase Services inspection responsibilities he will be available to review design corrections and /or revisions at the job site in turn minimizing construction delays. In general, the scope of our project inspection services will include, but are not limited to: ✓ Ensure work is being performed in accordance with the latest approved drawings. ✓ Ensure deferred submittal and separate permit items are being submitted in a timely manner, and that these items are approved by the City prior to work being performed. ✓ Inspect buildings, structures and site improvements for compliance with approved plans and applicable codes, ordinances and conditions of approval set by the City. ✓ Coordinate inspection services with other City departments, government agencies providing services, etc., as required for compliance with building and safety codes and regulations. ✓ Coordinate the activities of special inspectors and other speciality project inspectors. ✓ Provide daily inspection information to the City and project management team in a form consistent with the Cities policies and procedures. ✓ Management of documents approved for construction purposes. Our proposed Project Inspector will meet with project managers, designers and contractors as needed to resolve complex construction related issues in the most efficient manner possible to avoid construction delays. We encourage our inspectors to work as part of the project team in a collaborative and professional manner to insure successful project outcomes. Construction Phase Plan Review Services The AndersonPenna /Interwest team will provide construction phase plan review services for the proposed building structures and park facility including miscellaneous on -site building structures. These services will include review of revisions or changes to permit documents (plans, structural calculations and specifications), for the proposed new building facilities, and plan review of other project construction related documents. We will utilize the same staff members that performed plan reviews of the initial permit documents for the construction phase plan review services in order to insure consistency in the construction phase plan review process. The revised documents will be reviewed for compliance with the following governing codes: 1. 2007 California Building Code. 2. 2007 California Plumbing Code. 3. 2007 California Mechanical Code. 4. 2007 California Electrical Code. 5. 2008 California Energy Standards. 6. Compliance with Owner furnished Geotechnical Report 7. Compliance with Owner furnished Conditions of Approval 21 Page --% A \ItlR�.tr\ PLNNA City of Newport Beach Civic Center Construction Phase Services Building Official Services The AndersonPenna /Interwest team will provide the services of Ron Beehler S.E., CBO, who is designated by the City as the Building Official for the Civic Center project. Ron will verify that all code required building inspections are performed, provide interpretations of code requirements as necessary for both inspection and plan review activities, evaluate any proposed alternate materials or methods of construction, and coordinate all construction phase plan review activities. Ron will provide interpretation of code issues in a timely manner and will insure that all construction phase plan review activities are conducted efficiently so as not to delay the work. It is anticipated that Ron will visit the job site monthly during the construction phase in order to verify proper inspection procedures are being followed and to attend project meetings as required. Scope -of- Services The following outlines specific services the AndersonPenna /Interwest team will provide to the City for this assignment. Project Inspection Services Our staff of field inspectors is thoroughly familiar with the most current adopted versions of building codes and regulations. In addition, our staff is well versed in interpreting construction documents to ensure that the construction conforms to the approved plans, specifications, and applicable building code requirements. Our field inspectors will coordinate all required inspections and notify the Architect, City and Construction Manager of any noted discrepancies between the approved project plans and the as built work. Problems and discrepancies observed in the field will be documented and reviewed with the project management team and contractor. Resulting corrections will be monitored to ensure conformance with the approved plans. Our project inspection scope -of- services will consist of the following: 1. The Project Inspector is to meet with the building official, project managers, and contractor as required to coordinate inspection services and outline the scope and schedule of inspections. 2. The Project Inspector is to coordinate and schedule all construction inspections. The Project Inspector will be responsible for notifying the City when additional specialty project inspectors are needed to adequately inspect the work and to coordinate the work of all construction inspectors. 3. The Project Inspector is to coordinate and track all required special inspections and material testing required as noted on the approved drawings. The Project Inspector is to review all special inspection and material testing reports to verify conformance with the approved drawings and specifications. 31 Page �= --% \ \I)Ii =. l'[NNA City of Newport Beach Civic Center Construction Phase Services 4. The Project Inspector will perform inspection services throughout the life of the project to verify that all work complies with the approved construction documents and applicable codes and regulations. 5. When work is found to be in non - conformance with the approved documents or applicable codes and regulations, the construction inspectors will document the deficiencies in the form of Field Inspection Daily Reports and provide notification of the deficiencies to the Project Manager, Project Architect, and Construction Manager. The notification will be in the form of a Field Inspection Daily Report. 6. The construction inspection team is to verify that all identified deficiencies have been corrected or approved by the project engineer /architect prior to approval of the portion of the work in question. 7. The Project Inspector is to track all RFI's, Change Orders, Inspection Requests, Correction Notices, Notices of Non - compliance, Special Inspection Reports, submittals, substitutions, State Fire Marshall correction notices, Field Inspection Daily Reports and record daily weather conditions. 8. The Project Inspector is to verify that the contractor and sub - contractors are building off of the appropriate and most current approved documents. 9. AndersonPenna /Interwest will provide adequate staffing of the construction inspection team to ensure that all elements of construction are inspected for conformance with the approved drawings and applicable codes and regulations. 10. Anderson Pen na /Interwest will provide necessary automated equipment to support the inspection activities such as personal computers, printer, fax, scanner, phones, etc. It is understood that the City and /or the Construction Manager will provide field office facilities for the AndersonPenna /Interwest personnel. 11. The Project Inspector will issue a letter at the end of the project verifying that the structures we are responsible for inspecting in conjunction with the Newport Beach Civic Center project were constructed in conformance with the approved drawings and all applicable codes and regulations. 12. The Project Inspector shall maintain a record set of approved plans, specifications, and inspection reports. The record set of plans, specifications, and inspection reports shall be turned over to the city upon completion of the project. 13. Building Official services, including interpretations of complex building code criteria and project inspection issues in support of the construction inspection effort, will be provided. 41 Page --,4, \'.\J )I )N PLNNA City of Newport Beach Civic Center Construction Phase Services Construction Phase Plan Review Services Our construction phase plan review services will consist of the following: 1. Plan review of revisions to the approved plans, change orders, shop drawings, deferred approval documents, and other project related design documents, including necessary back - check reviews. 2. Preparation of plan review letters identifying elements of design documents that do not comply with the provisions of the codes listed above. 3. Teleconferencing with the design team, project managers, contractors and inspectors during the construction phase as needed to resolve plan review issues. 4. Meetings with the design team as necessary to discuss and resolve project related building code issues. 5. Delivery of two (2) sets of approved drawings and structural calculations bearing our review stamps to the City of Newport Beach upon plan review approval. 6. Preparation of an approval letter addressed to the City of Newport Beach indicating the specific documents were reviewed and found to comply with the above referenced codes. 7. Building Official services including interpretations of complex building code criteria in support of the plan review effort. Building Official and Contract Administration Services Our Building Official services for the Civic Center and Park Project will consist of the following: 1. Verification that all code required building inspections are performed. 2. Oversight of all field inspection activities. 3. Interpretations of building code provisions. 4. Evaluation of alternate materials or methods. 5. Coordination of all construction phase plan review activities. 6. Verification that proper inspection procedures are being adhered to. 7. Attend construction meetings as required. 8. Monitor budget and schedule, and provide communication and coordination between the City and Consultant with bi- weekly updates on Consultant's work effort. 51 Page /o a \Nltl Pit 1*%;-'ENNA City of Newport Beach Civic Center Construction Phase Services Schedule Project inspection services shall commence immediately upon request from the City. We anticipate the building construction phase of the project will have a duration of approximately 24 months. The AndersonPenna / Interwest team will make sure that our plan revision turnaround times are appropriate to the revision and will not cause a construction schedule delay. In general, plan review of revisions; changes, and deferred approval documents will be performed within ten (10) working days excluding weekends and holidays. Subsequent and final reviews will be performed within seven (7) working days. Tools & Equipment The AndersonPenna / Interwest team will provide all vehicles, mobile phones, portable computers with internet access and any other equipment necessary for its inspectors to carry out their duties. The contractor /CM is to provide work space in a job trailer at the job site suitable for the inspection /plan review team to perform their duties. This will include adequate work area to review drawings, on -site parking spaces, plan racks, plan storage area, photo copier and office furniture. Project Team We have assembled a project team from both Northern and Southern California to meet the needs of the project. All of the team members are registered engineers or architects and have extensive experience working on similar projects. Lisa M. Penna, PE, Principal of AndersonPenna Partners will serve as Principal in Charge and Terry Rodrigue PE, President of Interwest Consulting Group will serve as Interwest's Project Manager. Lisa and Terry will ensure that appropriate resources are dedicated to meet the project goals. Lisa and Terry both have over 25 years of municipal consulting experience as City Engineer, Public Works Director, and City Building Official. AndersonPenna's Dennis Jue, PE will be the local contract administrator responsible for efficient and effective communication and coordination between the consultant team and the City. The lead on our project inspection team will be Roger Peterson, SE. Roger has over 23 years in the building inspection, design and plan review business. Roger's experience with both construction inspection and building design has resulted in well constructed projects for our clients. Ron Beehler, PE, SE, is the City designated contract Building Official for the Civic Center project. Ron successfully managed the plan review team for the permit phase plan review. Ron has 27 years of experience in Civil and Structural design and plan review and is the former Building Official of the City of Sacramento. Ron has led plan check efforts on numerous complex and fast track projects throughout California and Nevada. Dennis Joe, PE, TE, will be the Contract Administrator for the project responsible for monitoring the budget and schedule, and providing communication and coordination with the City through bi- weekly updates. Other team members for this project include the following individuals: 61 Page ANI�lKm tV PENNA City of Newport Beach Civic Center Construction Phase Services Key Staff Title and Job Description Service Provided Senior Project Inspection Engineer — Oversight of all Roger Peterson, S.E Project Inspector on -site project inspection activities Division Manager — Oversight and management of Building Official / Plan Ron Beehler, SE projects as well as client relations and contract Review and Inspection issues. Manager Contract Administrator — Schedule, budget and Dennis Jue, PE, TE coordination. Contract Administration Combination Building Inspector — Electrical, Combo Building Jim Jurekovic, CBI Mechanical, Plumbing Inspector William "Bill" Senior Structural Engineer — Provides structural plan reviews and works with the project designers to Structural Plan Review Rodgers, SE resolve plan review issues. Senior Engineer - Provides fire and life safety plan reviews and works with the project designers to Fire and Life Safety Plan Greg Shriver, PE resolve code related issues and to coordinate Review documents. Senior Architect - Provides fire and life safety plan Norm Hong, Senior reviews and works with the project designers to Fire and Life Safety Plan Architect resolve code related issues and to coordinate Review documents. Senior Mechanical Engineer— Provides Mechanical David Castillo, PE and Plumbing plan reviews and works with the Mechanical and Mechanical Engineer project designers to resolve code related issues Plumbing Plan Review and to coordinate documents. Senior Electrical Engineer— Provides electrical plan Joe Abdou, reviews, and works with the project designers to Electrical Plan Review Electrical Engineer resolve code related. Resumes of team members are included in Section C. Relevant Experience. 7 1 P a g e VNI11 k�( )N - PEN\A EXHIBIT B City of Newport Beach Civic Center Construction Phase Services Estimated Fee The following is our estimated labor cost for the scope of work. Labor Fee Classification Hrs /Wk Weeks Total Hrs Billing Rate Total Project Inspector 40 96 3,840 $135 $518,400 Principal -in- charge 1 96 96 1401 13,440 Project Administrator 2 96 192 135 25,920 Contracting Support 0.5 96 48I 110 5,280 Combination Building Inspector 40 64 2,560 95 243,200 Specialty Inspectors* 20 60 1,200 90 108,000 Building Official 240 140 33,600 TOTAL INSPECTION PHASE LABOR $947,840 * Specialty Inspectors are proposed for use on an as- needed basis based on the type of work requiring specialized inspections. Classification Total Hours Billing Rate Total Building Official 120 $140 $ 16,800 Senior Structural Engineer 200 140 28,000 Mechanical /Electrical Engineer 200 135 27,000 Fire Plans Examiner 160 125 20,000 Senior Plans Examiner 200 125 25,000 Administrative Support/Document Control 80 65 5,200 TOTAL CONSTRUCTION PHASE PLAN REVIEW LABOR $122,000 Estimated Travel Expenses Buildine Official Travel to Proiect Site Assumes 24 one day trips; no lodging. Cost Expense Cost Airlines ........................... ............................... $350 Car Rental ....................... ............................... $150 Airport Parking at Departure Airport .............. $25 Estimated Total= $525 /trip x 24 Trips= $12,600 Total Estimated Not to Exceed Fee Plan Review Team Travel Expense Assumes 16 individual one day trips; no lodging Expense Cost Airlines ........................ ............................... $350 Car Rental ................... ............................... $150 Airport Parking at Departure Airport ............ $25 Estimated Total= $525 /trip x 16 Trips = $8,400 Total Estimated Travel Expenses = $21,000 The estimated time and materials not -to- exceed fee including labor and expenses is: Inspection Services Labor ... ..............................$ 947,840 Construction Phase Plan Review Labor ..............:122,000 Travel Expenses ...................... ............................... 21,000 Total Not to Exceed Fee .......... .....................$1,090,840 91 Page \NI)l1,M fV N NNA City of Newport Beach Civic Center Construction Phase Services B. Compensation For project inspection and construction phase plan review services for the new Newport Beach Civic Center and Park project we propose that all services be billed on an hourly basis utilizing the following Schedule of Hourly Billing Rates. Schedule of Hourly Billing Rates Classification Hourly Billing Rate Principalin Charge ......................................................................... ............................... $140 ProjectManager ...................................................... ............................... ............................140 BuildingOfficial ..............::.............................................................. ............................... 140 SeniorStructural Engineer .................................. ............................... ............................140 Mechanical /Electrical Engineer ........................... ............................... ............................135 Contract. Administration ............................... .................................................................. 135 FirePlans Examiner ............................................. ............................... .......................::...125 SeniorPlans Examiner ......................................... ............................... ............................125 ProjectInspector .................................................. ............................... ............................135 Combination Building Inspector .......................................................... .............................95 SpecialtyInspector ..........................................................................:.... .............................90 ContractingSupport ....:................:....................... ............................... ............................110 AdministrativeSupport ....................................................................... .............................65 Notes: No additional charges will be incurred for overtime hours. We anticipate the building construction phase of the project will have a duration of approximately 24 months. The Project Inspector will begin services upon start of building construction and will provide full time inspection oversight for the project through final inspection and issuance of an occupancy permit. As the work of construction progresses the Project Inspector will be assisted by a Combination Building Inspector and Specialty Inspectors as necessary to verify that the structural, mechanical, plumbing, electrical, fire alarm and fire sprinkler components are installed in accordance with the approved plans and applicable building code requirements. The need for Combination and Specialty Inspections will diminish as the buildings near completion and the inspection staffing will be reduced accordingly. The need for construction phase plan review services will vary and are dependent on the number and extent of project changes and modifications to the approved plans. The plan review team will cooperate and work with the project designers, contractor, project manager and building official to resolve code related plan review issues in an expeditious manner. Members of the plan review team will hovel to the designer's offices or to the project site as requested in support of project related construction phase plan review activities. 81 Page �� •b 0 \NDI kM 1N.11ENNA Clientilt 1998S ANOFRPART ACORDa. CERTIFICATE OF LIABILITY MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH INSURANCE 03/09/11 DIY) PRODUCER POLICY NUMBER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 10550 A ONLY HOLDER. ALTER AND CONFERS NO RIGHTS UPON THE CERTIFICATE THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711 -0550 08/01/11 EACH OCCURRENCE S1000000 714 427 -6810 S1,000,000 INSURERS AFFORDING COVERAGE INSURED INSURER A: Travelers Indemnity Co. of Connectic AndersonPenna Partners, Inc. excludes claims INSURER B: Travelers Property Casualty Co of Am 3125 Frye Street Oakland, CA 94602 510,000 INSURER C. U.S. Specialty Insurance Company INSURER D: INSURER E. 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. ILTR TYPE OF INSURANCE POLICY NUMBER POLICY POLICY EXPIRATION LIMITS A GENERAL LIABILITY 6803052L77A 08/01/10 08/01/11 EACH OCCURRENCE S1000000 FIRE DAMAGE (Anyone are) S1,000,000 X CONIMERCIALGENERALLIABILITY General liability CLAIMS MADE nXOCCUR excludes claims MED EXP(My one person) 510,000 PERSONAL B AOV INJURY 51,000000 rising out of the GENERAL AGGREGATE s2,000,000 performance of GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP;CP AGG 52000000 professional POLICY F7 PRO JECT 7 LOC services B AUTOMOBILE LIABILITY ANY AUTO BA30531_556 08/01/10 08/01/11 COMBINED SINGLE LIMIT (Ea accident) 51,000,000 BODILY INJURY (Per parson) S ALL OWNED AUTOS SCHEDULED AUTOS X BODILY (Per accident) S HIRED AUTOS NON -OWNED AUTOS X S PROPERTYDAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S ANYAUTO S AUTO ONLY: AGG B EXCESS LIABILITY CUP6874Y728 08/01/10 08/01/11 EACH OCCURRENCE $1000000 X1 OCCUR CLAIMS MADE Umbrella Form AGGREGATE S1.0001000 S Following Form _ S DEDUCTIBLE Excludes Prof'I S RETENTION S Lability WORKERS COMPENSATION AND EMPLOYERS LIABILITY WCSTATT OTW E E.L. EACH ACCIDENT 5 E.L. DISEASE - EA EMPLOYEE S E.L. DISEASE � POLICY LIMIT 5 C OTHER Prof'I. Liab USS1020693 08/01/10 08/01/11 $1,000,000 per claim Claims Made $1,000,000 annl aggr. Retro: 811/05 $35,000 Ded per claim DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIE XCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Re: Construction Phase Services for Newport Beach Civic Center & Park Project. The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers are additional insureds as respects to (See Attached Descriptions) City of Newport Beach Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658 -8915 SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIkX&51k16XRlx TOMAIL3O —DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLD ER NAM ED TOTHE LEFT,X9ViTRAQ�ON(x ACORD 25 -S (7197)1 of 2. #S280917/M269914 TMN 0 ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) General and Auto liability coverage as required by written contract. AMS 25.3 POLICYNUMBER: BA3053L556 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective 03/09/11 Named Insured Anderson Penna Partners, Inc. Name of Person(s) or Organization(s) City of Newport Beach Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach, CA 92658 -8915 SCHEDULE Re: Construction Phase Services for Newport Beach Civic Center & Park Project. The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured Provision contained in Section II of the Coverage Form CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 o= o= o V� 000729 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera - dions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV); We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 62007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc,, with Its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Orrice, Inc., with Its permission. POLICYHOLDER COPY SC P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03 -14 -2011 GROUP: 000092 POLICY NUMBER: 0000754 -2009 CERTIFICATE ID: 16 CERTIFICATE EXPIRES: 06 -01 -2011 06 -01- 2010/06 -01 -2011 CITY OF NEWPORT BEACH SC JOB:CONSTR SERV FOR CIVIC CENTER & PARK PROD 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3816 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 indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance 1s 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. l ' `011lt+d L A y, — Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - ANDERSON, DAVID EXECVP - EXCLUDED. ENDORSEMENT #1600 - PENNA. LISA EXECVP - EXCLUDED. ENDORSEMENT #1600 - MCCARMANT, L MALLORY PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - ANELIQUE, LUCERO SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 -15 -2010 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2011 -03 -14 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER ANDERSONPENNA PARTNERS, INC. 309 AGATE ST LAGUNA BEACH CA 92651 SC IP11,SGj PRINTED : 03 -14 -2011 (REV.6-20101 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3 -15 -11 Dept. /Contact Received From: Shauna Oyler Date Completed: 3 -15 -11 Sent to: Shauna Oyler By: Carol Company /Person required to have certificate: GENERAL LIABILITY Anderson Penna Partners. Inc A. INSURANCE COMPANY: Travelers Indemnity Co of Connecticut B. AM BEST RATING (A-: VII or greater): A +; XV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1 M /2M E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (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 I. 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. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Co of Am B. AM BEST RATING (A-: VII or greater) A +: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $21M min for Waste Haulers): What is limits provided? $1.000.000 E. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No F. 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. strikethought working III. WORKERS' COMPENSATION A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A-: VII or greater): Notated C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach ❑ Requires approval /exception /waiver by Risk Management Comments: Approved: Risk Management Date Date 3 -15 -11 initials ® Yes ❑ No CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 February 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum - sbadum @newportbeachca.gov 949- 644 -3311 SUBJECT: NEWPORT BEACH CIVIC CENTER PROJECT: CITY HALL OFFICE BUILDING, CENTRAL LIBRARY EXPANSION, & PARKS, GUARANTEED MAXIMUM PRICE (GMP), PHASE THREE ISSUE: Staff is requesting the approval and funding of the next phase of the Newport Beach Civic Center Project which includes the construction of the City Hall Office Building, Central Library Expansion, and Parks. RECOMMENDATIONS: 1) Approve an amendment to the Construction Manager At Risk Contract with C.W. Driver, Irvine, California, amending the Guaranteed Maximum Price (GMP) to add the construction of the City Hall Office Building, Central Library Expansion, Parks, and miscellaneous items of work (GMP #3) for the Newport Beach Civic Center project at a not -to- exceed price of $82,374,384 and authorize the Mayor and City Clerk to execute the contract. 2) Establish a budget of approx. 2% of GMP #3 ($1,600,000) as the City's contingency for unforeseen costs and authorize the Public Works Director and City Manager execute change orders upon concurrence by the City Council Building Committee. 3) Approve a Professional Services Agreement (PSA) with Anderson -Penna of Laguna Beach, California, for Building Inspection, Construction Phase Plan Review Services, and Building Official Services at a not -to- exceed fee of $1,090,840, and authorize the Mayor and City Clerk to execute the Agreement. 4) Approve Budget Amendment No. 11 BA -034 appropriating $85,065,224 to fund GMP # 3, GMP #3 owner's contingency and the PSA for Building Inspection & Construction Plan Review (Recommendations 1 -3). 5) Approve the Insurance Program Agreement between Old Republic General Insurance Corporation and the City for the Owner Controlled Insurance Program (OCIP) and authorize the City Manager to execute and approve documents in furtherance of the Insurance Program Agreement that have been approved as to form by the City Attorney including a letter of credit as security for the City's obligations under the agreement. Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 2 6) Authorize Budget Amendment No. 11 BA -32 totaling $2,713,781 which includes the fixed cost of insurance premiums under the Insurance Program Agreement of $1,651,092 and a $1,062,689 contingency representing the maximum potential out -of- pocket claims costs. 7) If desired, authorize the inclusion of the San Miguel Pedestrian Bridge, $2,000,000 within GMP #3 and related Budget Amendment No. 11 BA-35. 8) If desired, authorize the inclusion - of photovoltaic panels on the City Hall Office Building ($750,000) within GMP #3 and related Budget Amendment No. 11 BA -36. DISCUSSION: The proposed action will authorize the next phase of Civic Center construction and includes the proposed construction of the City Hall Office Building, Central Library Expansion and the park including the grounds around City Hall, the Central Park and Wetlands, and the North Park/Dog Park. This phase is the continuation of work started with the first phase that included the export of soil export, grading, and the construction of the Parking Structure Shoring Wall, and the second phase that included the design and construction of the parking structure. Construction History and Status On April 27, 2010, the City Council approved a Construction Manager at Risk Contract (CM @R) with C.W. Driver that established the costs for the general conditions for the entire project; authorized the export of soil, grading, and the construction of the parking structure shoring wall; and set the cost of direct expenses and the project fee for this phase. As of this date, the export of approximately 300,000 cubic yards of soil has been successfully exported off the project site. Rough grading is complete, topsoil has been stockpiled on the site, and erosion control and water quality are in place and functioning as designed. The parking structure shoring wall is 85% complete with scheduled completion by Mid March. On September 14, 2010, City Council approved the second phase of the CM @R which includes the design and construction for the parking structure and miscellaneous items of work. This phase provided for the design and construction of a 450 - space, mechanically vented parking structure. On June 21, 2010, the City Clerk and the Public Works Director oversaw the public opening of the sealed proposals for this phase of the work. Upon scoring of these proposals, the top three firms, Bomel Construction, McCarthy Builders, and ARB Structures were invited to meet with the design team, City staff, BCJ and C.W. Driver, to discuss cost - saving proposals and alternative construction. The design team revised the bridging documents to incorporate the desired proposals and alternative designs and asked each firm to submit a bid based upon the revised bridging documents. Upon the conclusion of this process Bomel Construction was determined to be the lowest responsible bidder. Since that time, the design team has worked to complete the design and has secured a Building Permit for the structure's construction. During the design process, the design team was able to work with our contract building plan checker, Anderson - Penna /Interest to revise the parking structure design making it a passively ventilated structure. This action has saved Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 3 the City $270,000 (credit taken in GMP #3). The construction of the parking structure is scheduled to begin in March 2011. Guaranteed Maximum Price, Phase 3 (GMP #3) In November 2010, the project plans were completed and a building permit was issued for the remaining portions of the Civic Center project including the City Hall Office building, Council Chambers, Community Room, Emergency Command Center, Central library Expansion, Civic green, Central Park & Wetlands, and the North Park & dog Park. C.W. Driver prepared 42 bid packages for the various trades. On December 16 & 21, 2010, the City Clerk and Public Works Director oversaw the opening of the bids. A summary of those bids are attached and the hard copies of the actual bids are on file in the Office of the City Clerk. C.W. Driver has meet with all of those bidders to normalize the bids (verifying bids as legitimate, checking quantities and math) The attached proposed GMP #3 contains all of the actual bid costs to construct the project. The total cost for GMP #3 is $82,374,384. The summary below shows the breakdown for the project construction. Credits & Allowances GMP #3 includes credits for the revised parking structure design ($260,000) and a North Park retaining wall deletion ($113,000) that was previously slated to be built in Phase 1, but is now going to be a part of phase 3. Also included are some allowances ($678,475) to cover various miscellaneous items that were identified during the bidding process and potential unit costs for unforeseen items. The miscellaneous items include costs for the folding door systems for the Community Room and Council Chambers ($260,000); revisions to the Library's book security system ($10,000); Upgraded fabric for Council Chamber audience seats ($50,000); and the production of care and maintenance manuals /videos for the building systems and LEED components of the project ($49,000). Various items were bid to set costs in a competitive environment for potential extra unforeseen costs such as potential adverse soil conditions (rock) for building and bridge foundations ($29,475); re- glazing of Library windows if we cannot preserve the existing units during demolition of the existing north wall ($134,000); unit costs for additional steel beam penetrations (30 @ $1200 ea, $36,000), costs for painting touch up ($10,000); and the pending contract to install the Willow sculptures by Patrick Dougherty ($100,000). Eventually, these "allowance items will be bid out or deleted if not used. Any savings or balance in the allowances through the bidding process or by deletion will be credited 100% to the City. These items do not go into the contingency for potential cost sharing at the conclusion of the project. Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 4 More about Contingencies. There are typically two contingencies in a project like this — a "Construction Contingency," for unforeseen changes that arise during actual construction. There also is an "Owner's Contingency" that the City can use if needed to add elements to the project if it so chose. The following chart shows contingencies and the potential savings if the project goes well: Civic Center Proiect Contingencies To provide for potential unforeseen costs for GMP #3, staff recommends that a contingency of $1,600,000 (2 %) be established. Unforeseen costs may include delay and recovery costs should we discover changed foundation conditions and delays due to environmental or weather conditions. Staff also proposes that any adjustments to the CM @R contract compensation be authorized by the Public Works Director and City Manager with concurrence by the City Council Building Committee. What's not included Alternates The project was bid with two alternates that the City Council can add to the project, if desired. They are the construction of the pedestrian bridge over San Miguel Road ($2,000,000) and the addition of photovoltaic panels on the City Hall Office Building roof ($750,000). If the City Council desires to include the pedestrian bridge over San Miguel Road and photovoltaic panels in the Civic Center project, that decision must be made at this meeting as the project schedule requires the timely ordering of the various components to honor the current pricing. However, the project has been designed to accommodate future separate projects to add the bridge and the installation of the photovoltaic panels at a later date. Insurance The City has elected to implement an Owner Controlled Insurance Program (OCIP). The costs for the insurance will be borne separately by the City. The various bid costs shown in the GMP Phase #3 costs do not include insurance. The estimated savings is approximately $1.1 million. The actual savings will be tabulated by the City's broker, AON as they sign up the various subcontractors to the OCIP. See the below for more discussion on the OCIP. Items for future determination There are three items of work that are not included in the allowances as they are substantial items of work and will be bid at a later date. GMP #1 Construction Contingency $490,401 $367,800 75% Owner's Contingency $673,000 $673,000 100% GMP #2 Construction Contingency $336,078 $252,058 75% Owner's Contingency $350,000 $350,000 100% GMP #3 Const/Desi n Contingency $2,303,822 $1,727,866 75% Owner's Contingency $1,600,000 $1,600,000 100% Total = $5,753,301 $4,970,724 To provide for potential unforeseen costs for GMP #3, staff recommends that a contingency of $1,600,000 (2 %) be established. Unforeseen costs may include delay and recovery costs should we discover changed foundation conditions and delays due to environmental or weather conditions. Staff also proposes that any adjustments to the CM @R contract compensation be authorized by the Public Works Director and City Manager with concurrence by the City Council Building Committee. What's not included Alternates The project was bid with two alternates that the City Council can add to the project, if desired. They are the construction of the pedestrian bridge over San Miguel Road ($2,000,000) and the addition of photovoltaic panels on the City Hall Office Building roof ($750,000). If the City Council desires to include the pedestrian bridge over San Miguel Road and photovoltaic panels in the Civic Center project, that decision must be made at this meeting as the project schedule requires the timely ordering of the various components to honor the current pricing. However, the project has been designed to accommodate future separate projects to add the bridge and the installation of the photovoltaic panels at a later date. Insurance The City has elected to implement an Owner Controlled Insurance Program (OCIP). The costs for the insurance will be borne separately by the City. The various bid costs shown in the GMP Phase #3 costs do not include insurance. The estimated savings is approximately $1.1 million. The actual savings will be tabulated by the City's broker, AON as they sign up the various subcontractors to the OCIP. See the below for more discussion on the OCIP. Items for future determination There are three items of work that are not included in the allowances as they are substantial items of work and will be bid at a later date. Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 5 The first item is the cost to relocate and upgrade the existing electric power for the Central Library and to add switching and a capacitor device for the new Civic Center electric service. SCE recently provided revised requirements that significantly revises the electric service design. The costs are estimated between $200,000 and $300,000 and will be competitively priced and negotiated by C.W. Driver and City Staff with the project's low bid electrical subcontractor. The second item is the Fixture, Furnishings, & Equipment (FF &E). Traditionally, the acquisition of FF &E items occurs during the later part of construction. The purchase of FF &E items will be separately bid and approved by the Building Committee and City Council as required by the City's purchasing policies. A budget of $2,000,000 has been established for FF &E. The third item to be deferred and bid at a later date is the Civic Center Signing package. The Signing bid package includes internal wayfinding along with office, workstation, conference and utility room identification. The City is currently pursuing a reorganization effort and it would be appropriate to wait for the conclusion of that effort to ensure correct signing. Additionally, this bid package will need to be coordinated with the FF &E bids. The estimated cost for this package is approximately $400,000. h rnstructrt n M ger ' 0,, T, k �, /- si)o dat e' General Conditions /Basic Services (for all phases of the Project) $ 7,169,255 GMP #1 Mass Excavation & Shoring Construction (excludes contingency) 6,130,009 Direct Expenses (GMP #1) 263,383 Construction Management Fee (GMP #1) (3.25 %) 452,646 GMP #1, Subtotal $6,846,038 GMP #2 Parking Structure Design Assist /Build (excludes contingency) $6,721,558 Direct Expenses (GMP #2) 137,757 Construction Management Fee (GMP #2) (3.25 %) 231,460 GMP #2, Subtotal $7,090,775 GMP #3 City Hall Office Building, Central Library Expansion, & Parks (excludes $76,794,081 contingency, includes allowances Credit for GMP #1 & #2 — Parking Structure Open Design & wall delete - $373,000 Direct Expenses (GMP #3) OCIP Insurance (0.71 %) & Bond (0.65 %) $1,090,922 Construction Management Fee, GMP #3 (3.25 %) $2,558,559 GMP #3, Subtotal $80,070,562 Subtotal GMP = $101,176,630 Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 6 GMP Contingencies GMP #1 Construction (8 %) $490,401 GMP #2 Construction (5 %) $336,078 GMP #3 Construction (3 %) $2,303,822 Total GMP Contingency = $3,130,301 Total GMP to Date = $104,306,931 Alternates Alternate #1 — Pedestrian Bridge over San Miguel $2,000,000 Alternate #2 — Photovoltaic System on City Hall Office Building $750,000 Owner's Contingency Owner's Contingency GMP #1 (10 %) 673,000 Owner's Contingency GMP #2 (5 %) 350,000 Owners Contingency GMP #3 (2 %) $1,600,000 Owner's contingency Subtotal = $2,623,000 A Review of the Construction Manager at Risk Project Delivery Method In an effort to expedite the project, the City elected to start the early phases of the project such as grading and the construction of the parking structure in advance of the final design completion of the parks, City Hall building, and Central Library Expansion. To accomplish this goal, the City Council entered into a phased Construction Manager at Risk (CM @R) contract with C.W. Driver. The contract is broken down into four components. Basic Services / General Conditions. The first component is the basic services or general conditions. These include the fixed costs for the construction field office (including construction trailers, office equipment, portable restrooms, copiers, computers, telephone and equipment) and the necessary personnel to staff the project (including superintendent, inspection and support staff). The work scope included in basic services includes: • Managing the public bidding and award process in full compliance with the California Public Contract Code. • Providing full and complete construction administration, coordination and construction observation services during and following construction, including but not limited to the following: ❖ Onsite administration and management Project and construction cost management Quality assurance, inspection, and quality control ❖ Coordinate with the City's Building Inspectors Dispute resolution Submittal coordination ❖ Management of Requests for Information (RFI) Change order review and negotiations Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 7 • :• Manage construction materials testing, and specialty inspection services ❖ Provide schedule analysis and continuous updates ❖ Manage project close -out, including assuring the A &E team provides complete record (As- Built) drawings ❖ Construction punch -list management and completion ❖ Manage substantial and final completion processes, and project acceptance. Compile program warranties •S Deliver operations and maintenance manuals ❖ Coordinate the installation of FF &E and move -in activities ❖ Manage final payment and project closeout for all consultants and contractors under direct contract with the City Coordinate warranty work for a period of up to one year. The Basic Services, based upon the current project schedule for the entire project, are estimated at a not -to- exceed cost of $7,169,255. Basic Services are billed monthly on a time and material basis at the agreed rates as shown on Exhibit A of the CM @R contract. City Council approved these costs as a part of the original contract with C.W. Driver on April 27, 2010, no adjustments were made to this amount for GMP # 2 and no adjustments are proposed for GMP #3. Construction Costs / GMP. The second component of this contract is the actual cost of the construction work. The cost of the work is set as a Guaranteed Maximum Price (GMP). The GMP will include the actual bid plus a contingency. Under the CM @R project delivery method, C.W. Driver bids out the various construction trade contracts in accordance with the Public Contract Code and oversight from the City Clerk. The City Council will then approve the expenditure and accept C.W. Driver's GMP proposal for the work. C.W. Driver will then be responsible for delivering all work and construction included in the approved work scope for the maximum cost stated in the GMP. Any costs exceeding the GMP will be borne by C.W. Driver. Any savings under the GMP will be shared by the City and C.W. Driver. The City will receive 75% of any savings and C.W. Driver will receive 25% of any savings as an incentive to reduce overall costs. Direct Expenses. The third component is the Direct Expenses which include the direct costs for bond premiums; some field office expenses such as equipment and supplies; general liability insurance; and additional services as requested by the City. Direct expenses will include known costs and allowances for variable items. Construction Management Fee / Profit. The fourth component is the project fees for managing the construction. These construction management fees represent the markup, overhead, and profit. The Basic Services, Direct Expenses, and GMP represent actual costs without any markups, overhead or profit. The rate for the construction management fee is set at 3.25% for the entire project. The actual amount paid to C.W. Driver is based upon actual work completed (i.e., the amount could be less if the construction contingency is not spent). Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 8 Building Inspection and Construction Review For reasons of continuity and to minimize disruption to the City's Building Inspection and Public Works Construction Inspection operations, staff recommends that the Building Inspection and Construction Review services be performed by outside contract with And erson -Pe n na /I nterwest. Anderson - Penna /Interwest successfully completed the plan check review and has issued Building Permits for the City Hall Office Building, Library Expansion, and Parking Structure. Their familiarity with the project and past work experience makes them the logical and cost effective choice to continue as the City's Building Official for this project. In general, the proposed work scope includes: • Protect Inspection - ensure compliance with the construction plans and specifications, Building Codes, and regulations • Construction Phase Plan Review Services — Plan review of revisions to the approved plans, change orders, shop drawings, deferred approval documents and back check reviews. • Building Official and Administration Services — Verification of code inspections, oversight of inspection staff, interpretations of code provisions, and evaluation of alternative materials or methods. A more detailed description is listed in Exhibit A of the attached Professional Services Agreement (PSA). The estimated time and materials not -to- exceed fee including labor and expenses is $1,090,840. The actual costs will be based upon the hourly rates and expenses shown on Exhibit B of the PSA. Owner Controlled Insurance Program (OCIP) General liability, excess liability, and workers' compensation insurance are the coverage types in an OCIP. The coverages are bought for all parties by a program "sponsor," in this case, the City. In exchange for OCIP coverage, all contractors on the Civic Center Project are required to remove the cost of separately procuring these coverages from their bids. The estimated savings is approximately $1.1 million. Council approved the OCIP program for this project at its 9/28/2010 meeting. The OCIP provides coverage for the project from 1/15/2011 through 1/15/2013 plus an additional six (6) months, if needed. As the project owner, the City may also buy other coverage for its own protection such as builder's risk (property under construction) and pollution liability insurance. Staff recommends purchase of these two coverages for protection for the City. The total insurance costs for this project are shown in the table on the following page. Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 9 *The builder's risk coverage has been quoted by two insurers, Allianz and Lexington. The City's OCIP Broker, AON is continuing to negotiate premium and coverage and expects to lower the cost shown in this table by the expected binding date of 2/23/2011. The cost of premiums under the Insurance Program Agreement total $1,651,092 with an additional $1,062,689 for potential loss claims representing the maximum potential out of pocket claims exposure for a total potential cost of $2,713,781. ENVIRONMENTAL REVIEW: CM @R services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. An EIR for the Newport Beach Civic Center Project was certified by City Council in November 2009. TOTAL , " COSTELEMENT PRgMIUM ' FUNDING 'PAYIigEN73CHEDULE and' FUNDING General liability -fixed Two installments one at cost 429,395 Cash payment inception, one at start of second year Workers' compensation Two installments, one at - fixed cost 391,408 Cash payment inception, one at start of second year Loss fund - combined City holds the money but must general liability and Collateralized obligation - no secure with LOC or Trust - must workers compensation - variable cost, from $0 to 1,062,689 cash payment due, but letter set up payment account with in- maximum amount of credit of $587,111 required surer and reimburse as loss pay - shown, $1,062,689 as security ments are made ($75,000 initial deposit) Excess liability first layer $25 million - fixed 1 202,300 Cash payment Payable at inception of program cost Excess liability second layer $25 million - fixed 101,300 Cash payment Payable at inception of program cost Contractors Pollution 96,689 Cash payment Payable at inception of program Liability - Builder's risk " 430,000 Cash payment Payable at inception of program TOTAL (Low end) 1,651,092 Best case scenario - no losses (loss fund equals zero) TOTAL (High end) 2,713,781 Worst case scenario - losses equal or exceed loss fund *The builder's risk coverage has been quoted by two insurers, Allianz and Lexington. The City's OCIP Broker, AON is continuing to negotiate premium and coverage and expects to lower the cost shown in this table by the expected binding date of 2/23/2011. The cost of premiums under the Insurance Program Agreement total $1,651,092 with an additional $1,062,689 for potential loss claims representing the maximum potential out of pocket claims exposure for a total potential cost of $2,713,781. ENVIRONMENTAL REVIEW: CM @R services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. An EIR for the Newport Beach Civic Center Project was certified by City Council in November 2009. Newport Beach Civic Center Project GMP #3 February 22, 2011 Page 10 FUNDING AVAILABILITY: On November 9, 2010, City Council approved the sale of Certificates of Participation (COPs) generating $123 million for the Civic Center project. With the approval of the attached budget amendments totaling $90,529,004, sufficient funds are available from the proceeds of the 2010 COPS and the Facilities Financing Plan fund to fund the additional phases described below: Civic Center Construction Costs to be funded Amount GMP Phase #3 $82,374,384 PSA for Building Inspection & Construction Plan Review $1,090,840 GMP Phase # 3 Owner's contingency $1,600,000 Subtotal GMP Phase # 3 with Building Inspection $85,065,224 OCIP - Agreement with Old Republic $1,651,091 OCIP - Maximum Loss Claims $1,062,689 Subtotal OCIP Amendment $2,713,780 Alternate # 1, Pedestrian Bridge over San Miguel $2,000,000 Alternative # 2, Photovoltaic Panels on City Hall Office Building $750,000 Subtotal Alternatives $2,750,000 Grand Total (including Alternatives) _ $90,529,004 Submitted by: Attachments: Amendment to CM @R contract with C.W. Driver, PSA contract with Anderson -Penna including work scope, schedule and fee Exhibits Insurance Program Agreement with Old Republic General Insurance Corporation Budget Amendments 11 BA -32, 34, 35 & 36 4f6 NB CIVIC CENTER PROJECT TimelinefStatus Projected Optimistic Case Environmental Impact Report Jan 2009 - Certified Nov. 2009 Costs Costs Desr n Competition 5 firms Q $50,000 June - Dec 2008 1 $250,000 $250,000 Total Desian Competition Cost = S250.000 S250.000 ENVIRONMENTAL DOCUMENTATION Environmental Impact Report Jan 2009 - Certified Nov. 2009 $465,000 $465,000 Native American Monitoring April 2010- Ongoing $31,700 $31,700 Environmental Mitigation Monitorin Ti12010 -On pin $125,000 $125,000 I otal tnvmnnmHntal uoSts= srd2n.fuu 1ti21 Jlrtt DESIGN Pre- Design - Concept Refinement Jan - April 2009 $647,675 $647,675 Schematic Design & Design Development, SO & DD April 2009 -April 2010 $4,998,677 $4,998,677 Construction Documents, CD April 2010 -Nov 2010 $4,963,889 $4,963,889 Construction Support, CS Nov 2010- Ongoing $4,035,112 $3,752,654 Geotechnical Design April 2009 -April 2010 $250,911 $250,911 Total Boston Costs = S14.896.264 $14.613.806 PROJECT MANAGEMENT - Design Team Project Management[ Pre- Design Jan -April 2009 $233,660 $233,660 Project Management: SD & DO April 2009 -April 2010 $647,018 $647,018 Project Management: CD April 2010- Nov 2010 $1,729,450 $1,729,450 Project Management: CS Nov 2010 - Ongainq $578483 $536,129 Tntal Prninet Manannmant Cnsts= %31 a5 911 S3148257 CONSTRUCTION Basic Services (General conditions April 2010 -Dec 2012 $7,169,255 $7,169,255 Direct Expenses AprJ2010 -Dec 2012 $1,492,062 $1,492,062 Construction Mngt Fee (profit & overhead) (3.25°/x) April 2010 -Dec 2012 $3,242,665 $3,242,665 GMP Phase 1 - Mass Excavation & Sharing. Wall April 2010 - March 2011 $6:620,410 $6,262,610 GMP Phase 2 - Design AssistlBuild Parking Structure Oct 2010 - Nov 2011 $7.057,636 $6,805,578 GMP Phase 3 -City Hall, Library Exp, and Parks. March 2011 -Dec 2012 $76,724,903 $76,997,037 Signing ANayfinding TOO - Likely Fall 2011 $400,000 $400,000 Additional Site Electrical - SCE March 2011 $200,000 $200,000 Remaining VE (Value Engineering) TBD -Likely MamhlA ril 2011 $0 - $1,300,000 TOrai unnstimerron hosts= 51u4.913ti.931 Sn u1.25a.2u1 CONSTRUCTION SERVICES Geotechnical Support April 2010 -Dec 2012 $326,563 $303,704 LEED Commissioning Dec 2010 -Der 2012 $151,000 $151,000 Material Testing /Deputy Inspection Dec 2010 -Dec 2012 $865,498 $804,913 OCIP Feb 2011 -Dec 2012 $3,006,780 $1,946,091 Building Permit Plan check Oct 2010 - Dec 2010 $125,000 $116,250 Inspection and Construction Review Services Feb 2011- Dec 2012 $1,090.840 $1,014,481 I atal "&L = u,uuu,uuu 22,UVU,VI/V _ Total Cost "All In" = $131 429 107 $126,227,409 OWNERS CONTINGENCY -All Phases $2 623 000 $0 Civie Center Technoloi Grant - I In Hand 1 $1,300,000 $1,300,000 Alternative Construction Items Alt #1 - San Miguel Ped Overcrossing TBD I $2,000,000 $0 AIL #2 - Photovoltaic PV..Panels TOO, $750,000 $0 Notes: I -Assumes 75% GMP Contingency returned to the City 2. Assumes 7% savings in time and material caMrects 3. Savings of $1,062,689 if no claims 4 -About $2900.000 in remaining VE under consideration 412,10u,uuu yu Total Cost "All In" wlAltemates = $135,502,187 $124,927,409 2 2 4 21 21 3 2 2 Amount projected for COP issuance = $123,000.000 5 Amount carried in FFP (estimated) = $127,000.000 Top End of Early Estimates (Nov 10, 2009) _ $139,200,000 PROFESSIONAL SERVICES AGREEMENT WITH ANDERSONPENNA PARTNERS, INC. FOR CONSTRUCTION PHASE SERVICES FOR NEWPORT BEACH CIVIC CENTER & PARK PROJECT THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement') is made and entered into as of this day of , 2011, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and ANDERSONPENNA PARTNERS, INC., a California corporation ( "Consultant'), whose address is 309 Agate Street, Laguna Beach, CA 92651 and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to design and construct a new Civic Center and Park to be located at the 12 -acre site north of the Newport Beach Central Library on Avocado Avenue, which will integrate the new City Civic Center Building and Park with the existing library facility ('Project'). C. City desires to engage Consultant to provide construction support services for the City Civic Center and Park (`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 Lisa Penna. 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 January 31, 2013 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 ( "Work" or "Services "). 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 One Million, Ninety Thousand, Eight Hundred Forty Dollars and no /100 ($1,090,840.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be AndersonPenna Partners, Inc. 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 Lisa Penna to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. David A. Kiff as City Manager or his designee, 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. AndersonPenna Partners, Inc. 7. CITY'S RESPONSIBILITIES In, order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. B. Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. AndersonPenna Partners, Inc. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies. are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms. of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to 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. AndersonPenna Partners, Inc. 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the AndersonPenna Partners, Inc. State of California, Section 3700 for all of the subconsultant'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 (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 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, blanket contractual liability. 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 accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes AndersonPenna Partners, Inc. no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. 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 City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of AndersonPenna Partners, Inc establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 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. All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard 24 -inch by 36 -inch Mylar with a minimum thickness of three mils. Consultant shall provide to City 'As- Built' drawings, and a copy of digital ACAD and tiff image files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 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 AndersonPenna Partners, Inc. 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. 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. AndersonPenna Partners, Inc. 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 the law or 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, 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: David A. Kiff City Manager's Office City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3000 Fax: 949 - 644 -3020 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: AndersonPenna Partners, Inc. Attn: Lisa Penna AndersonPenna Partners, Inc. 309 Agate Street Laguna Beach, CA 92651 Phone: 949 - 371 -7979 Fax: 949 - 376 -7511 28. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 29. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 30. 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. 31. 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 AndersonPenna Partners, Inc. other term, covenant or condition contained herein, whether of the same or a different. character. 32. 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. 33. 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. 34. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 35. 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. 36. 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. 37. 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. 38. 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. AndersonPenna Partners, Inc. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE i F THE CITY ATTORNEY Date: Bev / 1 ' ..` Loom Mulvihill Y Assistant City Attorney CV ATTEST: Date: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: Michael F. Henn Mayor CONSULTANT:ANDERSONPENNA PARTNERS, INC., a California Corporation Date: By: Mallory McCamant Chief Executive Officer Date By: Angelique Lucero Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates AndersonPenna Partners, Inc. EXHIBIT A r City of Newport Beach Civic Center Construction Phase Services A. Scope of Work The Anderson Pen na /Interwest team will provide project inspection, construction phase plan review, and Building Official services to the City of Newport Beach for its Civic Center, Parking Structure and Library Expansion project as outlined below. Project Inspection Services The AndersonPenna /Interwest team will provide qualified inspectors to coordinate and perform required field inspections for the Newport Beach Civic Center project to insure compliance with the approved construction documents and applicable California Building Codes. Qualified Field Inspectors will be assigned to this project to provide oversight for the following: the building portion of the project including the structural, electrical, plumbing and mechanical components; the life safety components of the buildings; the fire sprinkler /fire alarm portion of the project; and the physical accessibility components of the project. Our inspectors will provide continuous and /or periodic construction inspections as necessary to verify that the project is constructed in conformance with the approved project documents and applicable codes. In addition, our project inspector(s) will coordinate the activities of all special inspectors and verify that required special inspections are being performed as required. Our proposed construction inspection team will be lead by an experienced and highly qualified Project Inspector. The Project Inspector will coordinate all project related inspection activities for the project as required by the California Building Code and the City of Newport Beach. The Project Inspector will be responsible to ensure continuous and /or periodic construction inspections are provided as required to verify that the work is in conformance with the approved project plans, applicable building codes and standards. As the work progresses the Project Inspector will be supported by additional specialty inspectors who will be assigned to specific portions of the project, i.e.; civil /site work, plumbing, HVAC, electrical, fire protection, building envelope, waterproofing, finishes, etc., as necessary to verify work is completed in conformance with the approved documents and that all noted deficiencies have been corrected. The Project Inspector will conduct and coordinate communications with the project's representative(s) as needed to maintain the project schedule. Copies of all project- related correspondence will be maintained and provided to the City at their request and at the completion of the project. The Project Inspector will report directly to the City's designated Building Official for this project, Ron Beehler for all project - related work, and for any questions that may arise. Ron was the lead during the plan review process and his knowledge of the project will insure that the City continues to receive quality and efficient oversight. Code interpretations and inspection comments are subject to final review and approval by the designated project Building Official. We have included within this proposal the resume of Roger Peterson, our proposed Project Inspector who has the requisite experience, knowledge and credentials to act in this capacity on behalf of the City of Newport Beach. Roger is a California Licensed Civil /Structural Engineer and in addition to his 11 Page .,a AM)ERSON l''ENNA City of Newport Beach Civic Center Construction Phase Services inspection responsibilities he will be available to review design corrections and /or revisions at the job site in turn minimizing construction delays. In general, the scope of our project inspection services will include, but are not limited to: ✓ Ensure work is being performed in accordance with the latest approved drawings. ✓ Ensure deferred submittal and separate permit items are being submitted in a timely manner, and that these items are approved by the City prior to work being performed. ✓ Inspect buildings, structures and site improvements for compliance with approved plans and applicable codes, ordinances and conditions of approval set by the City. ✓ Coordinate inspection services with other City departments, government agencies providing services, etc., as required far compliance with building and safety codes and regulations. ✓ Coordinate the activities of special inspectors and other speciality project inspectors. ✓ Provide daily inspection information to the City and project management team in a form consistent with the Cities policies and procedures. ✓ Management of documents approved for construction purposes. Our proposed Project Inspector will meet with project managers, designers and contractors as needed to resolve complex construction related issues in the most efficient manner possible to avoid construction delays. We encourage our inspectors to work as part of the project team in a collaborative and professional mannerto insure successful project outcomes. Construction Phase Plan Review Services The Anderson Pen na /Interwest team will provide construction phase plan review services for the proposed building structures and park facility including miscellaneous on -site building structures. These services will include review of revisions or changes to permit documents (plans, structural calculations and specifications), for the proposed new building facilities, and plan review of other project construction related documents. We will utilize the same staff members that performed plan reviews of the initial permit documents for the construction phase plan review services in order to insure consistency in the construction phase plan review process. The revised documents will be reviewed for compliance with the following governing codes: 1. 2007 California Building Code. 2. 2007 California Plumbing Code. 3. 2007 California Mechanical Code. 4. 2007 California Electrical Code. 5. 2008 California Energy Standards. 6. Compliance with Owner furnished Geotechnical Report 7. Compliance with Owner furnished Conditions of Approval 21 Page ANDLP,SON PENNA City of Newport Beach Civic Center Construction Phase Services Building Official Services The AndersonPenna /Interwest team will provide the services of Ron Beehler S.E., CBO, who is designated by the City as the Building Official for the Civic Center project. Ron will verify that all code required building inspections are performed, provide interpretations of code requirements as necessary for both inspection and plan review activities, evaluate any proposed alternate materials or methods of construction, and coordinate all construction phase plan review activities. Ron will provide interpretation of code issues in a timely manner and will insure that all construction phase plan review activities are conducted efficiently so as not to delay the work. It is anticipated that Ron will visit the job site monthly during the construction phase in order to verify proper inspection procedures are being followed and to attend project meetings as required. Scope -of- Services The following outlines specific services the AndersonPenna /Interwest team will provide to the City for this assignment. Project Inspection Services Our staff of field inspectors is thoroughly familiar with the most current adopted versions of building codes and regulations. In addition, our staff is well versed in interpreting construction documents to ensure that the construction conforms to the approved plans, specifications, and applicable building code requirements. Our field inspectors will coordinate all required inspections and notify the Architect, City and Construction Manager of any noted discrepancies between the approved project plans and the as built work. Problems and discrepancies observed in the field will be documented and reviewed with the project management team and contractor. Resulting corrections will be monitored to ensure conformance with the approved plans. Our project inspection scope -of- services will consist of the following: 1. The Project Inspector is to meet with the building official, project managers, and contractor as required to coordinate inspection services and outline the scope and schedule of inspections. 2. The Project Inspector is to coordinate and schedule all construction inspections. The Project Inspector will be responsible for notifying the City when additional specialty project inspectors are needed to adequately inspect the work and to coordinate the work of all construction inspectors. 3. The Project Inspector is to coordinate and track all required special inspections and material testing required as noted on the approved drawings. The Project Inspector is to review all special inspection and material testing reports to verify conformance with the approved drawings and specifications. 3jPage �- ANDERSON-PENNA City of Newport Beach Civic Center Construction Phase Services 4. The Project Inspector will perform inspection services throughout the life of the project to verify that all work complies with the approved construction documents and applicable codes and regulations. 5. When work is found to be in non - conformance with the approved documents or applicable codes and regulations, the construction inspectors will document the deficiencies in the form of Field Inspection Daily Reports and provide notification of the deficiencies to the Project Manager, Project Architect, and Construction Manager. The notification will be in the form of a Field Inspection Daily Report. 6. The construction inspection team is to verify that all identified deficiencies have been corrected or approved by the project engineer /architect prior to approval of the portion of the work in question. 7. The Project Inspector is to track all RFI's, Change Orders, Inspection Requests, Correction Notices, Notices of Non - compliance, Special Inspection Reports, submittals, substitutions, State Fire Marshall correction notices, Field Inspection Daily Reports and record daily weather conditions. 8. The Project Inspector is to verify that the contractor and sub - contractors are building off of the appropriate and most current approved documents. 9. Anderson Pen na/I nterwest will provide adequate staffing of the construction inspection team to ensure that all elements of construction are inspected for conformance with the approved drawings and applicable codes and regulations. 10. AndersonPenna /Interwest will provide necessary automated equipment to support the inspection activities such as personal computers, printer, fax, scanner, phones, etc. It is understood that the City and /or the Construction Manager will provide field office facilities for the AndersonPenna /Interwest personnel. 11. The Project Inspector will issue a letter at the end of the project verifying that the structures we are responsible for inspecting in conjunction with the Newport Beach Civic Center project were constructed in conformance with the approved drawings and all applicable codes and regulations. 12. The Project Inspector shall maintain a record set of approved plans, specifications, and inspection reports. The record set of plans, specifications, and inspection reports shall be turned over to the city upon completion of the project. 13. Building Official services, including interpretations of complex building code criteria and project inspection issues in support of the construction inspection effort, will be provided. 4 1 P a g e ANIXItSON, PENNA City of Newport Beach Civic Center Construction Phase Services Construction Phase Plan Review Services Our construction phase plan review services will consist of the following: 1. Plan review of revisions to the approved plans, change orders, shop drawings, deferred approval documents, and other project related design documents, including necessary back - check reviews. 2. Preparation of plan review letters identifying elements of design documents that do not comply with the provisions of the codes listed above. 3. Teleconferencing with the design team, project managers, contractors and inspectors during the construction phase as needed to resolve plan review issues. 4. Meetings with the design team as necessary to discuss and resolve project related building code issues. 5. Delivery of two (2) sets of approved drawings and structural calculations bearing our review stamps to the City of Newport Beach upon, plan review approval. 6. Preparation of an approval letter addressed to the City of Newport Beach indicating the specific documents were reviewed and found to comply with the above referenced codes. 7. Building Official services including interpretations of complex building code criteria in support of the plan review effort. Building Official and Contract Administration Services Our Building Official services for the Civic Center and Park Project will consist of the following: 1. Verification that all code required building inspections are performed. 2. Oversight of all field inspection activities. 3. Interpretations of building code provisions. 4. Evaluation of alternate materials or methods. 5. Coordination of all construction phase plan review activities. 6. Verification that proper inspection procedures are being adhered to. 7. Attend construction meetings as required. 8. Monitor budget and schedule, and provide communication and coordination between the City and Consultant with bi- weekly updates on Consultant's work effort. 5(Page ANDEKSON-PENNA City of Newport Beach Civic Center Construction Phase Services Schedule Project inspection services shall commence immediately upon request from the City. We anticipate the building construction phase of the project will have a duration of approximately 24 months. The Anderson Pen na/lnterwest team will make sure that our plan revision turnaround times are appropriate to the revision and will not cause a construction schedule delay. In general, plan review of revisions, changes, and deferred approval documents will be performed within ten (10) working days excluding weekends and holidays. Subsequent and final reviews will be performed within seven (7) working days. Tools & Equipment The AndersonPenha /Interwest team will provide all vehicles, mobile phones, portable computers with internet access and any other equipment necessary for its inspectors to carry out their duties. The contractor /CM is to provide work space in a job trailer at the job site suitable for the inspection /plan review team to perform their duties. This will include adequate work area to review drawings, on -site parking spaces, plan racks, plan storage area, photo copier and office furniture. Project Team We have assembled a project team from both Northern and Southern California to meet the needs of the project. All of the team members are registered engineers or architects and have extensive experience working on similar projects. Lisa M. Penna, PE, Principal of AndersonPenna Partners will serve as Principal in Charge and Terry Rodrigue PE, President of Interwest Consulting Group will serve as Interwest's Project Manager. Lisa and Terry will ensure that appropriate resources are dedicated to meet the project goals. Lisa and Terry both have over 25 years of municipal consulting experience as City Engineer, Public Works Director, and City Building Official. AndersonPenna's Dennis Joe, PE will be the local contract administrator responsible for efficient and effective communication and coordination between the consultant team and the City. The lead on our project inspection team will be Roger Peterson, SE. Roger has over 23 years in the building inspection, design and plan review business. Roger's experience with both construction inspection and building design has resulted in well constructed projects for our clients. Ron Beehler, PE, SE, is the City designated contract Building Official for the Civic Center project. Ron successfully managed the plan review team for the permit phase plan review. Ron has 27 years of experience in Civil and Structural design and plan review and is the former Building Official of the City of Sacramento. Ron has led plan check efforts on numerous complex and fast track projects throughout California and Nevada. Dennis Joe, PE, TE, will be the Contract Administrator for the project responsible for monitoring the budget and schedule, and providing communication and coordination with the City through bi- weekly updates. Other team members for this project include the following individuals: 6)Page�- ANCJCi}tSON-f'ENNA City of Newport Beach Civic Center Construction Phase Services Senior Project Inspection Engineer – Oversight of all Roger Peterson, S.E Project Inspector on -site project inspection activities Division Manager – Oversight and management of Building Official / Plan Ron Beehler, SE projects as well as client relations and contract Review and Inspection issues. Manager Dennis Jue, PE, TE Contract Administrator – Schedule, budget and Contract Administration coordination. Jim Jurekovic, CBI Combination Building Inspector – Electrical, Combo Building Mechanical, Plumbing Inspector William "Bill" Senior Structural Engineer – Provides structural plan Rodgers, SE reviews and works with the project designers to Structural Plan Review resolve plan review issues. Senior Engineer - Provides fire and life safety plan reviews and works with the project designers to Fire and Life Safety Plan Greg Shriver, PE resolve code related issues and to coordinate Review documents. Senior Architect - Provides fire and life safety plan Norm Hong, Senior reviews and works with the project designers to Fire and Life Safety Plan Architect resolve code related issues and to coordinate Review documents. Senior Mechanical Engineer– Provides Mechanical David Castillo, PE and Plumbing plan reviews and works with the Mechanical and Mechanical Engineer project designers to resolve code related issues Plumbing Plan Review and to coordinate documents. Senior Electrical Engineer– Provides electrical plan Joe Abdou, Electrical Engineer reviews, and works with the project designers to Electrical Plan Review resolve code related. Resumes of team members are included in Section C. Relevant Experience. 7 1 P a g e �- ANDF.RSON PENNA EXHIBIT B 1 City of Newport Beach Civic Center Construction Phase Services Estimated Fee The following is our estimated labor cost for the scope of work. Labor Fee Classification Hrs /Wk Weeks Total Hrs Billing Rate Total Project Inspector 40 96 3,840 $135 $518,400 Principal -in- charge 1 96 96 140 13,440 Project Administrator 2 96 192 135 25,920 Contracting Support 0.5 96 48 110 5,280 Combination Building Inspector 40 64 2,560 95 243,200 Specialty Inspectors* 20 60 1,200 90 108,000 Building Official - -- 240 140 33,600 TOTAL INSPECTION PHASE LABOR $947,840 * Specialty Inspectors are proposed for use on an as- needed basis based on the type of work requiring, specialized inspections. Classification Total Hours Billing Rate Total '.. Building Official 120 $140 $ 16,800 Senior Structural Engineer 200 140 28,000 Mechanical /Electrical Engineer 200 135 27,000 Fire Plans Examiner 160 125 20,000 Senior Plans Examiner 200 125 25,000 Administrative Support/Document Control 80 65 5,200 TOTAL CONSTRUCTION PHASE PLAN REVIEW LABOR $122,000 Estimated Travel Expenses Building Official Travel to Project Site Assumes 24 one day trips; no lodging. Expense Cost Airlines ........................... ............................... $350 Car Rental ....................... ............................... $150 Airport Parking at Departure Airport .............. $25 Estimated Total= $525 /trip x 24 Trips= $12,600 Total Estimated Not to Exceed Fee Plan Review Team Travel Expense Assumes 16 individual one day trips; no lodging Expense Cost Airlines........................ ............................... $350 Car Rental ................... ............................... $150 Airport Parking at Departure Airport ............ $25 Estimated Total= $525 /trip x 16 Trips = $8,400 Total Estimated Travel Expenses = $21,000 The estimated time and materials not -to- exceed fee including labor and expenses is: Inspection Services Labor .. ............................... $ 947,840 Construction Phase Plan Review Labor ............... 122,000 Travel Expenses ...................... ............................... 21,000 Total Not to Exceed Fee .......... ....................$1,090,840 9 1 P a g e �j:- -%, e' ANLN:RSON PENNA City of Newport Beach ............................125 Civic Center Construction Phase Services ............................125 B. Compensation ............................135 For project inspection and construction phase plan review services for the new Newport Beach Civic Center and Park project we propose that all services be billed on an hourly basis utilizing the following Schedule of Hourly Billing Rates. .............................90 Schedule of Hourly Billing Rates ............................110 Classification Hourly Billing Rate Principalin Charge .............................................. ............................... ...........................$140 ProjectManager ...................................................... ............................... ............................140 BuildingOfficial .............................................................................. ............................... 140 Senior Structural Engineer .................................. ............................... ............................140 Mechanical /Electrical Engineer ........................... ............................... ............................135 Contract Administration ...................................... ............................... ............................135 FirePlans Examiner ............................................. ............................... ............................125 Senior Plans Examiner ......................................... ............................... ............................125 ProjectInspector .................................................. ............................... ............................135 Combination Building Inspector .......................................................... .............................95 SpecialtyInspector ............................................................................... .............................90 ContractingSupport ............................................. ............:.................. ............................110 AdministrativeSupport ....................................................................... .............................65 Notes. No additional charges will be incurred for overtime hours. We anticipate the building construction phase of the project will have a duration of approximately 24 months. The Project Inspector will begin services upon start of building construction and will provide full time inspection oversight for the project through final inspection and issuance of an occupancy permit. As the work of construction progresses the Project Inspector will be assisted by a Combination Building Inspector and Specialty Inspectors as necessary to verify that the structural, mechanical, plumbing, electrical, fire alarm and fire sprinkler components are installed in accordance with the approved plans and applicable building code requirements. The need for Combination and Specialty Inspections will diminish as the buildings near completion and the inspection staffing will be reduced accordingly. The need for construction phase plan review services will vary and are dependent on the number and extent of project changes and modifications to the approved plans. The plan review team will cooperate and work with the project designers, contractor, project manager and building official to resolve code related plan review issues in an expeditious manner. Members of the plan review team will travel to the designer's offices or to the project site as requested in support of project related construction phase plan review activities. 81Page- ANDFRS0N' PE NNA INSURANCE PROGRAM AGREEMENT This INSURANCE PROGRAM AGREEMENT ( "Agreement "), effective, January 15, 2011, between Old Republic General Insurance Corporation ( "Company ") and City of Newport Beach_("Insured ") WHEREAS, the Insured has requested the Company to issue to it for its benefit certain Policies of insurance issued by the Company and rated in accordance with Schedule A to this Agreement; WHEREAS, the Company has agreed to issue the Policies in accordance with Schedule A to this Agreement, as well as those in the insurance policies issued to the Insured. WHEREAS, in consideration for the issuance of the Policies by the Company, the Insured has agreed to make Payments to the Company as set forth herein, and has agreed to provide the Company with security for such Payments as more fully described in such Policies and herein. NOW THEREFORE, the Insured and the Company agree as follows: I. Definitions A. Allocated Loss Adjustment Expenses means the expenses which are incurred in conjunction with the investigation, defense, adjustment or settlement of claims or suits made under any of the Policies and which are allocable to such claims according to generally accepted insurance industry practices. Such expenses include, but are not limited to, medical and legal costs, attorney's fees, costs of appeals bonds, interest accrued before and after judgment expenses incurred in obtaining recovery against any third parry and the fees and expenses to any fnm or company to render any field investigation with respect to claims arising under any of the Policies. B. Claims Service Comp anv means the Claims Administrator designated or approved by the Company. C. Insured's Obligations means any and all amounts the Insured is or will be required to pay under the terms and conditions of the Policies and this Agreement. The Insured's Obligations include, but are not limited to, Losses, Allocated Loss Adjustment Expenses, Unallocated Loss Adjustment Expenses to the extent permitted under the Agreement, expenses incurred in seeking recovery of Paid Losses from a third parry, premiums, surcharges and assessments under the Policies and any and all indemnification, defense, or any other agreement between the Insured and the Company under this Agreement; Page 1 of 14 City of Newport Beach D. Paid Losses means the amounts paid as benefits or damages, or Allocated Loss Adjustment Expenses arising under the Policies. Paid Losses shall be limited however, not to exceed the amounts specified as payable to the Company in the applicable retrospective premium endorsement or deductible endorsement. E. Policies means the policies issued by the Company to the Insured together with all endorsements, extensions or renewals thereof and replacements and additions thereto as set forth in Schedule A and any addenda. F. Payments means the amounts paid to reimburse the Company for Paid Losses consistent with the Policies or any other payments to the Company under this Agreement. G. Unallocated Loss Adjustment Expenses means the costs of investigation, administration, adjustments, settlement or defense of claims or suits under the Policies by the Company salaried employees or any Clain Service Company. H. Other Terms: Unless otherwise provided in this Agreement or unless the context requires otherwise, terms used in this Agreement shall have the meanings attributed to them in the Policies or the Company's applicable statistical or rating plans. H. Payments By Insured A. Premium Payments: The Insured agrees to make premium payments in accordance with Schedule B of this Agreement and the Policies in Schedule A. B. State Premium Taxes. Surcharges and Assessments: To the extent permitted by law, the Insured agrees to pay state premium taxes, surcharges and assessments attributable to the Policies not included as premium under the Company's rating plan (including any additional amounts which may become due because of a state's reinterpretation of the applicable law or regulation). C. Funding for Paid Losses: The Insured agrees to fund and pay for Paid Losses in accordance with ARTICLE III of this Agreement. D. Unallocated Loss Adjustment Expenses: The Insured agrees to be responsible for and pay Unallocated Loss Adjustment Expenses in accordance with the fee schedule, loss conversion factor, or other method as outlined in Schedule A. III. Fundin¢ for Paid Losses A. The Company will bill the Insured for Paid Losses within the deductible and claims handling fees on monthly basis. Payment is due within 30 days of billing. If collateral is in the form of depleting cash, paid losses will be automatically transferred within 30 days. Page 2 of 14 City of Newport Beach B. Loss Deposit Fund: 1. The Company requires a deposit payment to establish a loss deposit fund pending the periodic reimbursements from the Insured. The loss deposit fund, or what remains, is returned to the Insured upon termination of the paid loss program. The initial funding is as outlined in Schedule B. 2. The fund will be assessed by the Company from time to time to determine the minimum amount required. If the minimum amount required to be on deposit as reasonably determined by the Company is greater than the current balance in the fund at any time, the Insured shall pay on demand into the fund an amount necessary to bring the fund to the required level. If the Company determines the minimum amount required to be on deposit in the fund is less than the then current balance on deposit, then the Company will return the difference 3. If collateral is in the form of depleting cash, loss deposit funds will be automatically transferred within 30 days of determination. C. Large Loss Payment: In the event the Company makes, or is scheduled to make, a payment for a Paid Loss equal to or in excess of $50,000 , the Insured, notwithstanding the availability of funds on deposit, shall immediately upon receipt of notice pay the Company for the amount of the Paid Loss. If collateral is in the form of depleting cash, loss deposit funds will be automatically transferred. IV. Offset The Insured grants to the Company the right to offset any balance(s) due from the Insured to the Company under the terms of this Agreement, any subsequent or preceding agreement relating to this subject matter or any of the Policies (including any preceding or subsequent policies issued to the Insured by the Company) and grants a continuing first priority security interest in any amounts due from the Company to the Insured. For the purposes of this Article, "Company" or "Insured" shall include each of their respective affiliates. V. Security for Insured's Obligations A. Security for the Insured's Obligations: ions: As security for the Insured's Obligations, and for performance of all of its obligations and duties hereunder, the Insured shall deliver to the Company on or before the effective date of the Agreement, or in accordance with Schedule B, cash, a letter of credit or other form of security in an amount and form acceptable to the Company. If security is in the form of a Letter(s; of Credit it must be issued by a bank(s) which is a member of the Federal Reserve system, is acceptable to the Company and be of a form acceptable to the Company(See Appendix A). Each such Letter of Credit must be clean, unconditional and issued for a term of at least twelve (12) months and shall be, by its terms, subject to an unlimited number of automatic renewals thereafter for additional Page 3 of 14 City of Newport Beach terms of at least twelve (12) months, unless the issuer bank advises the Company in writing, at least thirty (30) days prior to the next expiration date, of its intention not to have the Letter(s) of Credit renewed. In that case, the Insured must furnish the Company with a replacement Letter(s) of Credit issued by an acceptable bank(s), or other security as may be acceptable to the Company, establishing credit or security in an amount equal to the credit under the Letter(s) of Credit being replaced, within not less than ten (10) business days before the expiry date. The requirement for such security will remain in place until all of the Insured's current and future Obligations have been paid or otherwise concluded in a manner satisfactory to the Company. B. The amount of the initial required security is outlined in Schedule B. At such times as the Company deems it appropriate or necessary, until all liability with respect to the Insured's Obligations has been paid or otherwise concluded, the Company will review the security requirement. The total Insured's Obligation will be calculated by developing all Policies losses. The sum of all of the Insured's Obligations which have been paid by the Insured or satisfied by sums drawn by the Company under the Letter(s) of Credit or other acceptable security and held by the Company will be subtracted to arrive at the required security. If the resulting security requirements as reasonably determined by the Company exceed the amount of remaining credit available to the Company under the Letter(s) of Credit or other acceptable security as of the calculation date, then the Insured must provide the Company with additional acceptable security equal to such excess within fifteen (15) days of the Insured's receipt of notice of the increased security requirement. If the required security is less than the remaining credit available to the Company under the Letter(s) of Credit or other acceptable security, then the amount of such remaining credit will be reduced by the amount of such difference, and the Company will execute any document necessary in order to reduce the amount of such credits in accordance with this section. C. The Company or its successors in interest may draw upon any Letter of Credit or other security at any time and from time to time, and such funds shall be applied without diminution because of the insolvency of the Insured or the Company for one or more of the following purposes only: 1. to reimburse the Company for the Insured's share of Losses or Allocated Loss Adjustment Expenses paid by the Company; 2. to fund an account with the Company for the full amount secured under this Agreement in the event the Insured has failed to replace timely any expiring Letter of Credit as required by paragraph V.A hereof or to adjust timely the amount secured hereunder as required by paragraph V.B hereof, and such failure would result in a deficiency in the total security provided by the Insured; 3. to fund an account with the Company for the full amount secured in the event of the filing of a voluntary or involuntary petition in bankruptcy by the Page 4 of 14 City of Newport Beach Insured, the insolvency of the Insured, the admission in writing by the Insured of its inability to pay its debts as they become due, or a general assignment by the Insured of its assets for the benefit of creditors; or 4. to pay any other amounts the Company claims are due to it under the Policies or this Agreement. In the event the Company draws upon a Letter of Credit or other security pursuant to items 2 or 3 above, the Company will be free to hold the proceeds thereof, without liability for interest thereon, until the Insured has fully remedied the circumstances for which the draw was made, whereupon the Company shall promptly return the proceeds held by it, less portions allocable to amounts due it under items 1 or 4 above, upon receipt of written instructions from the Insured, signed by a duly authorized officer of the Insured, indicating to whom such return is to be made. D. If the Insured fails to pay or otherwise perform in a timely manner, the Company may issue an endorsement deleting the deductible or retrospective premium endorsement from the Policies, recalculate and bill in accordance with the Company's full premium guaranteed cost rating plan. The premium will immediately be due and owing. VI. Arbitration A. Submission to Arbitration: In the event of any dispute between the Company and the Insured with reference to the interpretation, application, formation, enforcement or validity of this Agreement, or their rights with respect to any transaction involved, whether such dispute arises before or after termination of this Agreement, such dispute, upon written request of either parry, shall be submitted to the decision of a board of arbitration composed of two arbitrators and an umpire meeting at the Company's offices in California unless otherwise mutually agreed. Notwithstanding the generality of the foregoing, the Company's right to exercise any of the options contained in Article V.C. and V.D above shall not be limited by the submission of any dispute to arbitration. The board of arbitration will have complete and exclusive jurisdiction over the entire matter in dispute, including any question as to its arbitrability. B. Notice: The notice requesting arbitration shall state in particular all principal issues to be resolved, name the requesting party's arbitrator and shall set a date for the hearing, which date shall be no sooner than ninety (90) days and no later that one hundred twenty (120) days from the date that the notice requesting arbitration is mailed. C. Discovery: Each party may obtain discovery from the other through written interrogatories and through requests for documents, and may depose witnesses upon notice to the other. Any objections to production of documents or to the scope of discovery shall be submitted to the umpire for resolution. The umpire may schedule a conference at which the parties may present oral arguments and submit written briefs with respect to the production of documents or the scope of discovery. The umpire Page 5 of 14 City of Newport Beach shall render a decision within two business days of the conference. The decision shall be binding on the parties. D. Arbitration Board Membership: The members of the board of arbitration shall be disinterested neutral individuals who have experience with and are qualified in the disputed subject matter. Each party shall appoint its own arbitrator and the two arbitrators shall choose a third arbitrator as umpire before the date set for the hearing. If the party receiving the notice of arbitration fails to appoint its arbitrator within thirty (30) days after having received the written notice of arbitration, the party giving notice shall appoint the second arbitrator. If the two arbitrators fail to agree upon the appointment of the umpire within thirty (30) days after their appointments, either party may apply to the United States District Court, Central District of California and the Court will appoint an umpire possessing the qualifications set forth above E. Submission of Briefs: The parties shall submit their initial briefs within twenty (20) days from appointment of the umpire. Each may submit reply briefs within ten (10) days after filing the initial briefs. F. Arbitration Award: The board shall make an award with regard to the custom and usage of the insurance business which shall be in writing and shall state the factual and legal basis for the award. The board may award compensatory money damages and interest thereupon but may not award punitive, exemplary, extra - contractual or similar damages arising out of or in connection with a breach of this Agreement. The board may also make an award directing the Insured to provide Collateral under the terms of this Agreement. The award shall be based upon a hearing in which evidence may be introduced without following strict rules of evidence but in which cross examination and rebuttal shall be allowed. At its own election or at the request of the board, either party may submit a post - hearing brief for consideration by the board within twenty (20) days of the close of the hearing. The board shall make its award within thirty (30) days following the close of the hearing or the submission of post - hearing briefs, whichever is later, unless the parties consent to an extension. A decision by the majority of the members of the board shall become the award of the board and shall be final and binding upon all parties to the proceeding. G. Confirming Court Order: Either party may apply to the United States District Court, Central District of California or to the Supreme Court of the State of California for an order confirming the award or to enforce any decision by the umpire with respect to discovery. The parties consent to the jurisdiction of any such court. A judgment of such Court shall thereupon be entered. If such an order is issued, the attorneys fees of the party so applying and court costs will be paid by the party against whom confirmation is sought. H. Arbitration Expense: Each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the umpire. The remaining costs of the arbitration proceedings or any other costs relating to the arbitration may be allocated by the board. Page 6 of 14 City of Newport Beach The Arbitration shall be governed by the United States Arbitration Act, Title 9 U.S.C. § 1, et seq. J. Survival: This Article shall survive the termination of this Agreement. VII. Term and Termination A. Term: This Agreement shall continue in force until terminated in accordance with paragraph C below. B. Cancellation of Policies: The expiration, or cancellation by either the Insured or the Company, of the Policies will not terminate this Agreement. In the event of cancellation of any of the Policies, the premium for such Policies shall be determined in accordance with those provisions of the Policies relating to cancellation. All other provisions of this Agreement shall apply until the Agreement terminates. C. Conditions for Termination: This Agreement will terminate: When the Company notifies the Insured that the Insured's Obligations have been discharged; or by written mutual Agreement of the Insured and the Company. A. Return of Collateral: Upon termination of this Agreement by satisfaction of the Insured's Obligations, the Company shall return to the Insured the remaining Collateral, if any, securing obligations under this Agreement. VIII. Miseellaneous Terms A. Applicable Law: The rights of the parties to this Agreement shall be governed by and construed in accordance with the laws of the state of California without application of its choice of law rules. B. Waiver: The failure of the Company to insist on strict compliance with this Agreement, or to exercise any right or remedy shall not constitute a waiver of any rights provided under this Agreement, nor stop the parties from thereafter demanding full and complete compliance nor prevent the parties from exercising such a remedy in the future. C. Notices and Service of Process: Any notices given with regard to this Agreement (other than the Company's notices or invoices with respect to amounts due hereunder) shall be sent to the following addresses by U.S. mail or any other means calculated to provide notice: Page 7 of 14 City of Newport Beach To the Company: Old Republic General Insurance Corporation 225 S. Lake Ave Suite 900 Pasadena Ca 91101 Attn :Troy Groeneweg To the Insured: City of Newport Beach 3300 Newport Beach Blvd. Newport Beach, CA 92663 Attn : Lauren Farley For the purposes of enforcing the terms of Article VI and confirming any arbitral award made pursuant thereto, the parties hereby consent to the exclusive jurisdiction of either the US. District Court for the California Central District or the Supreme Court of the State of California. For purposes of service of process related to disputes governed by this Agreement only, the parties agree to accept service of process by personal delivery, registered or certified U.S. mail or overnight courier /delivery service to the addresses specified above. D. Severabilitv: If any provision hereof is or shall at any time be deemed invalid and unenforceable then, to the fullest extent permitted by law, the other provisions hereof shall remain in full force and effect in order to carry out the intentions of the parties hereto as nearly as may be possible. E. Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter herein and supersedes any other previous agreements or quotations, whether written or oral, between the Company and the Insured, unless specifically referred to within this Agreement. This Agreement may be amended, altered, or modified only in writing signed by both parties. IN WITNESS WHEREOF, the parties, intending to be legally bound, have executed this Agreement. Insured: City of Newport Beach Company: Old Republic General Insurance Corp By: By: Troy Groeneweg Title: Title: Authorized Representative Date: Date: ' ROVED AS TO FORM: Page 8 of 14 Z City of Newport Beach Uity Attorney 2 $[I( SCHEDULE A Policies Subject to the Insurance Program Agreement Between Old Republic General Insurance Corporation and Cily Of Newport Beach (the "Insured ") Effective: _January 15, 2011_ Policy Deductible XS premium rate Loss Conversion Factor Aggregate Method(1, 2 or 3 Below AlLW 53801100 $250,000 1.07 3 Aggregate Information: An aggregate may apply to your program separately to each line of business or on a combined lines basis. All aggregates are minimum and adjustable upwards only. The aggregate applies as follows: 1. No Aggregate Applies 2. The aggregate applies to individual lines of business as Follows: a. WC per 100 of Exposure Basis b. GL per 100 of Exposure Basis c. AL per 100 of Exposure Basis 3. The aggregate applies to the deductible losses of the following lines of business on a combined basis: GL, WC $6.45 per 100 of Worker's Compensation Payroll The aggregate applies on an Annual _Multiple Policy period X basis. If a multiple period basis, the expected expiration date is _January 15, 2013 . Extensions or continuations of the program will be included in the aggregate unless otherwise specified. If a Controlled insurance Program (Wrap -up), all new and renewal policies issued to enrolled subcontractors are considered policies under this agreement. Surcharges and Assessments: Page 9 of 14 City of Newport Beach All state surcharges and assessments are payable by the Insured in accordance with requirements as outlined by each state. Any change in surcharges, assessments or tax basis will be calculated and billed to the Insured in accordance with state regulation. Other coverages: The policies issued to the Insured may include separately rated coverages outside of the deductible premium, such as Terrorism. These charges are outlined below: Policy Number Surcharge $ Other Coverages Other Covera es $ Page 10 of 14 City of Newport Beach SCHEDULE B To the Insurance Program Agreement between Old Republic General Insurance Corporation and City of Newport Beach (the "Insured ") Effective: _January 15, 2011 to January 15, 2013 TABLE 1 - PAYMENT SCHEDULE Coverage Premium & I Surcharges Payment Schedule Commercial General Liability $414,983 Two Annual Installments 1-Terrorism Risk Insurance Act GL $14,112 I Additional premium if selected Workers Compensation F$_300,9 61 Two Annual Installments Terrorism Risk Insurance Act WC ±F Included Included in WC Premium Workers Compensation Surcharges $90,147 Estimated for 2 -year Program ',�� Payable at each anniversary with the deposit installment Total Account Premium including GL $834 315 Terrorism �� -- -- -- -- — Claims Payment Fund $75,000 Payable at Inception Collateral Letter of Credit $587,111 See addendum no. 1 ANNUAL INSTALLMENTS ARE SUBJECT TO THE WORK RAMP -UP Premium Payment Schedule GL — First Year Deposit Premium GL — Terrorism Included $214,548 Deposit 01 -15 -2011 GL — Second Year Premium $214 547 First Annual 01 -15 -2012 GL — Terrorism Included WC- First Year p De osit Prem(um $150 ,481 ( 01- De osit 15-2011 p Surcharees(EST) $45,074 Page 11 of 14 City of Newport Beach WC- Second Year Premium $150,480 First Annual 01 -15 -2012 Surcharges EZ� �_ Claim Payment Fund $75,000 At Inception 01 -15 -2011 LOC Collateral 587,111 Due within 30 days of inception TABLE II - INITIAL AMOUNT OF REQUIRED COLLATERAL Descrintion Amount Due Date LOC $587,111 At Inception Other Security (Describe) Loss Fund (Escrow) $ 75,000 At Inception IN WITNESS WHEREOF, the parties, intending to be legally bound, have executed this Agreement. Insured: City of Newport Beach Company: Old Republic General Insurance Corporation By: By: Troy Groenewe¢ Title: Title: Authorized Representative Date: Date: Page 12 of 14 City of Newport Beach APPENDIX A — LETTER OF CREDIT IRREVOCABLE LETTER OF CREDIT NO. To Beneficiary: Old Republic General Insurance Corporation c/o Old Republic Construction Insurance Agency 225 S Lake Ave. Suite 900 Pasadena Ca 91101 ISSUE DATE: Applicant: We hereby establish this irrevocable Letter of Credit in favor of the aforesaid addressee ( "Beneficiary") for drawings up to United States $ r` effective immediately. This Letter of Credit is issued, presentable and payable at our office at (issuing bank's address) and expires with our close of business on 20 . The term "Beneficiary" includes any successor by operation of law of the named Beneficiary including, without limitation, any liquidator, rehabilitator, receiver or conservator. We hereby undertake to promptly honor your sight draft(s) drawn on us, indicating our Credit No. for all or any part of this Credit if presented at our office specified in paragraph one on or before the expiry date or any automatically extended expiry date. Except as expressly stated herein, this undertaking is not subject to any agreement, condition or qualification. The obligation of _('issuing bank)_ under this Letter of Credit is the individual obligation of (issuing bank) and is in no way contingent upon reimbursement with respect thereto. It is a condition of this Letter of Credit that it is deemed to be automatically extended without amendment for one year from the expiry date hereof, or any future expiration date, unless at least 30 days prior to any expiration date we notify you by registered mail that we elect not to consider this Letter of Credit renewed for any such additional period. This Letter of Credit is subject to and governed by the Laws of the State of New York and the Uniform Customs and Practice for Documentary Credits (2007 Revision) International Chamber of Commerce, Publication No. 600 and, in the event of any conflict, the Laws of the State of New York will control. If this Letter of Credit expires during an interruption of business as described in Article 36 of said Publication 600, the bank hereby specifically agrees to effect payment if this Credit is drawn against within 30 days after the resumption of business. Very truly yours, dlssuina Bank) By: (Authorized Signature) Page 13 of 14 City of Newport Beach Page 14 of 14 City of Newport Beach City of Newport Beach NO. BA- 11BA -034 BUDGET AMENDMENT 2010 -11 AMOUNT: $s5,oss,zza.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: PX from existing budget appropriations from additional estimated revenues from bond proceeds EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations in the Civic Center Fund to cover costs of Guaranteed Maximum Price (GMP) #3; to increase expenditure appropriations in the Civic Center Fund to cover costs of a Professional Services Agreement with Anderson -Penns for Building Inspection, Construction Phase Plan Review Services, and Building Official Services; to increase expenditure appropriations in the Civic Center Fund to establish a budget for the City's contingency for unseen costs. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 410 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Civic Center Fund - Fund Balance Description Division Number Account Number Signed: Signed: Signed: A- Approval: City City Council Approval: City Clerk Amount Debit Credit $85,065,224.00 Automatic $82,374,384.00 $1,090,840.00 $1,600,000.00 A 011( ' Dale ,2,61 assn Date Date Description Division Number 7410 City Hall Construction Account Number C1002030 Civic Center Construction Division Number 7410 City Hall Construction Account Number C1002031 Civic Center Project Management Division Number 7410 City Hall Construction Account Number C1002030 Civic Center Construction Division Number Account Number Signed: Signed: Signed: A- Approval: City City Council Approval: City Clerk Amount Debit Credit $85,065,224.00 Automatic $82,374,384.00 $1,090,840.00 $1,600,000.00 A 011( ' Dale ,2,61 assn Date Date City of Newport Beach BUDGET AMENDMENT 2010 -11 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from bond proceeds EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 11 BA -032 AMOUNT: $2,713,781.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations in the Civic Center Fund to cover costs of Owner Controlled Insurance Program (OCIP) insurance premiums and potential loss claims for the Civic Center project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 410 3605 Civic Center Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Signed: Financial Signed: Administrative Services Director Approval: City Amount Debit Credit $2,713,781.00 * * Automatic $1,651,092.00 $1,062,689.00 —4,G) 4► Date Signed: City Council Approval: City Clerk Date Description Division Number 7410 City Hall Construction Account Number C1002034 Civic Center OCIP Premiums Division Number 7410 City Hall Construction Account Number C1002035 Civic Center OCIP Loss Claims Division Number Account Number Division Number Account Number Signed: Financial Signed: Administrative Services Director Approval: City Amount Debit Credit $2,713,781.00 * * Automatic $1,651,092.00 $1,062,689.00 —4,G) 4► Date Signed: City Council Approval: City Clerk Date City of Newport Beach NO. BA- 11BA -035 BUDGET AMENDMENT 2010 -11 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from bond proceeds EXPLANATION: This budget amendment is requested to provide for the following: AMOUNT: $2,000,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations in the Civic Center Fund to cover costs of inclusion of San Miguel Pedestrain Bridge within Guaranteed Maximum Price (GMP) #3. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 410 3605 REVENUE ESTIMATES (3601) Fund /Division Account Amount Description Debit Credit Civic Center Fund - Fund Balance $2,000,000.00 * Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7410 City Hall Construction Account Number C1002030 Civic Center Construction $2,000,000.00 Division Number Account Number Division Number Account Number Division Number Account Number .._ ' Automatic System Entry. Signed: J Financial App al: Administrative Services Director Date Signed: J J16 nlr Admin tive Approval: City M ager Date Signed: City Council Approval: City Clerk Date City of Newport Beach BUDGET AMENDMENT 2010 -11 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues qX from bond proceeds EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 11BA -036' AMOUNT: $750,000.00 Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations in the Civic Center Fund to cover costs of inclusion of photovoltaic panels on the City Hall Office building within Guaranteed Maximum Price (GMP) #3. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 410 3605 Civic Center Fund - Fund Balance REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Signed: Signed: Signed: v � Financial App o al: Administrative Services Director Amount Debit Credit $750,000.00 Automatic $750,000.00 Date Ail,7t, Date City Council Approval: City Clerk Date Description Division Number 7410 City Hall Construction Account Number C1002030 Civic Center Construction Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: v � Financial App o al: Administrative Services Director Amount Debit Credit $750,000.00 Automatic $750,000.00 Date Ail,7t, Date City Council Approval: City Clerk Date