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Home My WebLink AboutC-4137 - PSA City Hall and Park Master Plan Project Management ServicesRECEIVED 7011 JUN -9 PM 4: 34 OFFICE OF THE CITY CLERK CITY OF r ``RORT BEN, H Release of Stop Notice You are hereby h'erebyy- notified that the undersigned claimant releases that certain Stop Notice dated 2(! in the amount of $ (/ nq OD against in connection with the work of improvement known in the City State of California. Date I 1D. Name of Claimant: I, the undersigned, state: I am the as owner or public body and as prime County of O�l/11i� VERIFICATION the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed �onCO� �� at + State of (�/,T Z1(51910fure of Claimant or Authorized Agent) Date L-, L� Copies Sent To: City Council City Manager City Attomey " 7' F�(e, ✓ rf Y PCA FORM 5 5000 (flee 2187) NOTICE TO Stop Notice (' -�1137 RNLA CIVIL CODE SECTION 3103 or (If Private Job — file with responsible officer or person at office or branch of construction lender admk6isf�tffir the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provision ,; of the contract —CIVIL CODE SECTIONS 3179 - 3214) Prime Sub Contractor (If An} Owner or Public Body: in the City of./T/ur/�O/TC�GC/G , State of California. (Claimant) furnished certain labor, service, equipment or materials The name of the person or company b _w om cla' t service, equipment, or materials is , 902�Z� County of Claimant, (CorooralionlParinershiplSole Proprietorship) used in the above described work of improvement. yvas employyd pr to whom claimant furnished labor, The kjnd of labor, service, Sguipment, or materials furnished�or agreed to,be furnished by claimant was ruescnoe in aemu/ OD Total value of labor, service, equipment, or materials agreed to be furnished......... $ �229- Total value of labor, service, equipment, or materials actually furnished is............ $ Credit for materials returned, if any ............................... ............................... $ Amount paid on account, if any .................................... ............................... $ Amount due after deducting all just credits and offsets ...... ............................... $ g�?41;2a• 040 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 1 - 1 00 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigati n, as provided by law. A bond (CIVIL CODE SECTION 3083) / 5/l0 attached. (Bond required with Stop (s /is nor) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date Name of Claimant /�5/�lGt' /Cr'�✓�' .. � � ailin ddre D w C y n Lure/ > U u.I U fo ' l capacity) W 1w =r � TION I, toundersig>, state: I am the ('Agent of; sident of; ':4 Partner of; "Owner of; elc.J the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Execute at y� State of �/I �/ ✓ I'Mirnittlire o Claimant or Authorized Arent) REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: (Claimant muss enclose sell addressed stamped envelope) BICA FORM 4 Stop Notice CALIFORN CIVIL CODE ECTION 3103 NOTICE TO /Name o nsn n' n Lentle, u / Bo y or Owner) (Address) /' q (If Private Job — file with responsible officer or person at office or branch of construction lender admix( the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provision oI the con me — CIVIL C DE SECTIONS 3179 - 3214) Prime Contract Sub Contractor (if Any Owner or Public Body: Improvement known as v O e o d addr ' It or a k improv e l 9 .Ti6 2/ in the City of Q County of 42- i �'l� �O le�j- jam , State of California.. Claimant, (C/mmaml (Cox cotton /Porrnerrhlp /Sole Proprietorship/ furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or compan in C, 1 s con Mr to whom claimant furnished labor, service, equipment, or is materials (Nome of Su ^ onrmctoriCanrmcror /OwnerBurfder) The nd of labor, service, a uipment, or ma erials furnished or agr ad to be furnished by claimant was II (Desnl a in demi9 Tbtal value of labor, service, equipment, or materials agreed to be furnished......... $ a A7 Total value of labor, service, equipment, or materials actually furnished is............ Credit for materials returned, if any ............................... ... — ........................ $ Amount paid on account, if any .................................... ............................... $ `- Amount due after deducting all just credits and offsets ...... ............................... $ADD OD YOU ARE HEREBY NOTIFIED to withhold suffi ie ^t monies held by you on the above described project to satisfy claimant's demand in the amount of $ fN fp in and addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigati n, as provided by law. A bond (CIVIL CODE SECTION 3083) _ /5/!O� attached. (Bond required with Stop (u /n not) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). _ Date Name of Claimant OB�� rF,•r�omel By ✓ ure (0 1 capo<,lyl 1 I VERIFO�tT?I �O✓N� I, the undersigned, state: I am the yi �v �7 ( AS i rPles d f T A l f n rte 1, e. Q the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know;4e contents thereof, and I certify that the same is true of my own knowledge ?5� c_ is I certify (or declare) under penalty of perjury under the laws of the State of California that t he (on.'ning true and correct ' 6 n "i Execute -t9= at N m , State ofnr —,t C —' / igr rre QJ Cfaimonr or A.M.11 e A y REQUEST FOR NOTICE OF ELECTION c ^ QO (Private Works Only) = N If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: /Claimant must enclose se/J address¢ slampetl envelope) I I I Y N CD MC) cx)N m G G fn O •+ 0) O _ 3550 - m M n. K (D -N 0 rn Q 0 • AMENDMENT NO.ONE TO PROFESSIONAL SERVICES AGREEMENT WITH C.W. DRIVER FOR U CITY HALL AND PARK MASTER PLAN PROJECT - PROGRAM MANAGEMENT SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 240 day of MAK , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Co oration ( "CITY "), and C.W. DRIVER, a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California, 92618 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On January 13, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", to manage design and construction of the new City Hall and. Park Master Plan Project, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to March 1, 2010. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. ONE" as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. ONE, including but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit 1 and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. 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 to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsultant fees, shall not exceed Six Hundred Forty-Seven Thousand, Eighteen Dollars and no/100 ($647,018.00) without prior written authorization from City. 0 0 3. The term of the AGREEMENT shall be extended to March 1, 2010. 4. In the event there are any conflicts or inconsistencies between Exhibit 1 attached to this AMENDMENT NO. ONE and the AGREEMENT entered into on January 13, 2009, the terms of the AGREEMENT shall govern. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE on the date first above written. APPROVED AS TO FORM: By: lAe ynet e 0.7136aid6hamp, Assistant City Attorney for the City of Newport Beach ATTEST: By: & ; r.,-- Leilani Brown, City Clerk For the CItV_oL.dlewoort Beach Attachments: Exhibit 1 — Scope of Services �i • "k, ffITTIUMV, Mayor for the City of Newport Beach C.W. DRIVER: 21 Dana Roberts, President Bessie Kouvara, Chief Financial Officer 0 0 C.W. Driver BUILDERS SINCE 1919 May 4, 2009 Mr. Steve G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Re: City Hall Master Planned Facility Program Management Services fee Proposal Schematic Design f Design Development Phases Dear Steve: 15615 Alton Parkway Suite 150 Irvine, CA 92618 Fax 949.261.5167 Telephone 949.261.5100 C. W. Driver is please to submit our fee proposal to provide Program Management Services through the Schematic Design and Design Development Phases of the Newport Beach City Hall Master Planned Facility project for your consideration. We are excited about this opportunity to continue to work with the City of Newport Beach and look forward to a very successful project Our proposed fee of $565,348 is a Not -to- Exceed price for services through the SD and DD Phases of the Project for the nine month duration of June I, 2009 until February 28, 2010, based upon the Exhibit B dated April 7, 2009 of Bohlin, Cywinski, Jackson's (BCJ) design proposal provided to CWD by the City of Newport Beach on 4/13109 as per the following: SCHEMATIC DESIGN PHA E EXECUTI E SUMMARY LABOR: Jane I, 2009 — Sept. 12, 2009 Project / Program Management Oversight & Support 46% 100,890 Constructability Review 1.5% 2,780 Scheduling 1.5% 3,072 Estimating / Budgeting / Value Engineering 449% 96,436 BIM Manager 4.5% 9,768 Clerical 2.5% 4,860 SUBTOTAL 100% $217,806 DESIGN d .frLOPMENT-PH' S ECU IVE SUMMARY LABOR: Sept 13, 2009 — Feb 28, 2009 Project / Program Management Oversight & Support 47% 197,230 Constructability Review 2% 3,336 Scheduling 2% 3,072 Estimating / Budgeting / Value Engineering 42% 110,784 BIM Manager 2% 25,344 Clerical 4% 7,776 SUBTOTAL 100% $347,542 TOTAL FOR BOTH SD & DD PHASES FOR PROJECT $565,348 �w Lox Angeiss Irvine Ontario San NW Lkense No. 102 0 0 In addition to C.W. Driver's proposal, we offer two alternates for extended services per the following: Proposal Alternate #1 JLEED DOCUMENT COORDINATION SERVICES SID & DD PHASES SUMMARY: LEER Document Coordination f Assembly 62% 16,830 LEED Checklist Update / Maintenance / Manage Process 3B7. 9,840 (Excludes LEED Credit Calculations / Submittals) $26,670 Proposal Alternate #2 REIMBURSABLE,,, PEN S SUMMARY,. SD Phase Blueprints, Reprographics, Copying — Ind Dist of Docs to Subs $20,000 Trave Expenses, Mileage — Inc[ (1) trip for two people to SF $7,500 SD Phase Reimbursable Subtotal $27,500 DD Phase Blueprints, Reprographics, Copying — Ind Dist of Docs to Subs $20,000 Travel Expenses, Mileage — Intl (1) trip for two people to SF $7,500 DD Phase Reimbursable Subtotal $27500 REIMBURSABLE EXPENSES TOTAL $55,000 The above values and cost categories are estimates only. Should additional items and costs develop, the Program Manager will request approval from Owner. C. W. Driver proposes to provide full service program management services through both the Schematic Design and Design Development Phases including: a. Develop one full project estimate at each separate Design Phase (Total of 2) b. Provide on -going cost studies during both SD and DD design phases c. Management and Coordination of City's Project Consultants including the City's Architect and Subconsultants, Soils Engineer, Environmental Consultant, Site Engineering and Survey Group, Commissioning Consultant, etc. d. Review Consultant Cost Estimates, Proposals e. Coordinate and attend all team related field trips to existing "like" structures. Includes photo documentation of trip. L Provide, maintain and distribute milestone preconstruction schedules during both design phases g. Constructability Review h. Identify potential cost increasing elements of the project i. Provide potential value engineering suggestions to project design C LICENSE Nn. 102 r • j. Use of BIM technology for design analysis k. Facilitate needs assessment information I. Schedule, attend and conduct internal team meetings m. Develop regular reporting methods for Owner n. Attendance to all required project meetings and project related committee meetings o. Facilitate information process to designated parties p. Jobsite photography as required Project Exclusions to Base Proposal: a. Program Management and/or Construction Management Services for the Construction Document (CD) and Construction Phases of the project. b. Project energy management simulations, calculations, c. LEED Credit Calculations d. LEED Construction Submittals a. LEED Document Coordinator / Management for Project LEED Certification process b. Update LEED Checklist and assign responsibility to project team members — (See Alternate #1) c. Review and verification of required LEED Certification submittals — (See Alternate #1) d. Management of Design Phase Credits — (See Alternate #1) Please know that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Teams. Executive C: John Thornton, Vice President of Operations Robert Shafer, Chief Estimator William Hahn, Program Manager Attachments: Exhibit B — CWD Management Rates and Reimbursables C" r L LICENSE No. 102 0 0 M. Driver C. W. DRIVER BUILDERS SINCE 1919 Exhibit "B" MANAGEMENT RATES & REIMBURSABLES EFFECTIVE: January 1, 2009 - B.wm6er.317'p804 ACCOUNTING 84.00 ASSISTANT ESTIMATOR 82.00 ASSISTANT PROJECT MANAGER 139.00 ASSISTANT SUPERINTENDENT 109.00 BIM MANAGER 132.00 CARPENTER 102.00 CARPENTER FOREMAN 107.00 CLERICAL 81.00 CONSTRUCTABILITY REVIEWER 139.00 ESTIMATORICOST ENGINEER 148.00 FIELD SUPERINTENDENT 157.00 GENERAL SUPERINTENDENT 195.00 IT SUPPORT 107.00 LABORER 84.00 LABORER FOREMAN 88.00 PROJECT ENGINEER 83.00 PROJECT EXECUTIVE / CHIEF ESTIMATOR 195.00 PROJECT (PROGRAM) MANAGER 165.00 SAFETY OFFICER 104.00 SCHEDULER 128.00 SENIOR ESTIMATOR 170.00 SENIOR PROJECT ENGINEER 128.00 SENIOR PROJECT MANAGEMENT 171.00 TRUCKING / DELIVERIES 69.00 above rates apply to standard workweel, hours. Management Rates: Management Rates Include all wages. workers compensation insurance cons. fringe benefits and payroll taxes, office supplies and expenses. mobile phone costs, project staff computers and sohvare, main office overhead, and profit Reirnbumeable Expenses: Reimiturseable expenses will be reimbursed at rate of cost plus 10% Typical reimbursement costs consist of the followirtg: Travel and subsistence, mileage, Additional Program Management Services not inclusive of this Agreement, Outside Consultants, printing costs, postage and mail delivery charges, Permits and Fv= Testing and Inspections. Payment and Performance Bonds 4,37 0 9 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT MAY 9 F 20101y Agenda Item No. 14 May 26, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum sbadumna citv.newt)ort- beach.ca.us 949 - 644 -3311 SUBJECT: CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH CW DRIVER FOR PROGRAM MANAGEMENT SERVICES — SCHEMATIC DESIGN AND DESIGN DEVELOPMENT AND AMENDMENT NO. 1 AND NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC FOR GEOTECHNICAL SERVICES RECOMMENDATIONS: 1) Approve Amendment No. 1 to the Professional Services Agreement (PSA) with CW Driver, of Irvine, California, for Schematic Design and Design Development Phases of City Hall and Park program management services at a not to exceed price of $647,018 and authorize the Mayor and City Clerk to execute the Amended Agreement. 2) Approve Amendment No. 1 to the Professional Services Agreement (PSA) with Leighton Consulting, Inc., of Irvine, California, to provide supplemental geotechnical exploration and consulting services at a not to exceed price of $18,555 and authorize the Mayor and City Clerk to execute the agreement. 3) Approve Amendment No. 2 to the Professional Services Agreement (PSA) with Leighton Consulting, Inc., of Irvine, California, to prepare a design -level geotechnical report at a not to exceed price of $33,574 and authorize the Mayor and City Clerk to execute the agreement. 4) Approve a. Blddget Amendment authorizing $954,000 in additional funding..for the Schematic Design and Design Development Phases of City Hall and Park for program management, environmental services and geotechnical servides from unappropriated Major Facilities Master Plan Fund to the City.Hall and Park Account No. 7410- C1002009. City Hall and Park Masi€, Plan — Approval of Amendment No.i - Professionaaices Agreement with CW Driver and Amendments No.1 and No. 2 - Professional Services Agreement with Leighton Consulting, Inc. May 26, 2009 Page 2 DISCUSSION: 2009, City Council approved a PSA with CW Driver to provide program management services for the conceptual plan phase of the City Hall & Park project. That work was successfully concluded on April 14, 2009, with the Council's approval of the design concept for City Hall and the Park. The next step in the effort to build our City Hall and Park is to prepare Schematic Design and Design Development. On April 28, 2009, City Council approved Amendment No. 1 to the PSA with Bohlin Cywinski Jackson (BCJ) to prepare the Schematic Design and Design Development phases of the project. The Schematic Design process will further refine the approved concept and will explore areas such as grading, drainage, floor plan layout, refinement of space allocations, building systems, landscape palettes, irrigation systems, park amenities, constructability reviews and alternatives, cost analysis, green (LEED) building systems, as well as structural, mechanical and electrical systems. The Schematic Design process will conclude concurrently with the certification of the EIR, which is tentatively scheduled for November 24, 2009. The Design Development phase will provide more detailed designs, drawings, specifications, material selections, continued constructability reviews, and more detailed cost analysis and estimates based upon the approved Schematic Design plan. A separate mass grading plan bid package will also be produced to enable the City to take advantage of potential disposal sites that would reduce our overall grading costs. The tentative schedule to complete the design development phase and put the mass grading plans out to bid is March 2010. Upon the completion of the Design Development Phase, staff will negotiate a second amendment with BCJ to produce construction documents and bid packages for the various trades under the Construction Management at Risk alternative delivery method. Staff will also negotiate with CW Driver to establish a Guaranteed Maximum Price (GMP) for the project. The completion of the construction documents and bid packages is tentatively scheduled for November 2010. City Staff met with CW Driver and negotiated a work scope and fees for the Program Management of the Schematic Design and Design Development Phases of the project. As Program Manager, CW Driver will act as an extension of City Staff and actively manage the project architect and related consultants. The work scope for the Schematic Design and Development Design phases includes: • Development of full project estimates at each separate design phase; • On -going cost studies; • Management and coordination . of project consultants, Architect and subconsultants, soils engineer, environmental consultant, site engineering and survey group, and others; • Review of consultant cost estimates and proposals; • Coordination of all team related field trips to existing "like" structures, including photo documentation; City Hall and Park a Plan - Approval of Amendment No.1 - Professional Services Agreement vrith CW Driver and Amendments No.1 and No. 2 - Professional Services Agreement Win Leighton Consulting, Inc. May 26, 2009 Page 3 • Preparation and maintenance of milestone preconstruction schedules • Constructability review • Identification of potential cost increase elements • Identification of potential value engineering suggestions • Use of Building Information Modeling (BIM) technology for design analysis • Facilitation of needs assessment data • Schedule, attend and conduct internal team meetings • Develop regular reports • Attend project meetings, facilitate information and take pictures as required • LEED Document Coordination Services The project schedule anticipates weekly coordination meetings with staff and monthly meetings with the City Hall Design Committee and the City Council Building Committee. We also anticipate at least one public workshop during the Schematic Design process and opportunities for public input at the City Council hearings for Schematic Design and Design Development approvals tentatively scheduled for November 24, 2009 and March 9, 2010. The proposed fee for program management services for the Schematic Design and Design Development phases totals a 'not to exceed' cost of $647,018, which includes optional LEED Documentation Services and reimbursable expenses for travel and reproduction. The work scope is itemized and billing will be per the approved billing rates as shown in Exhibit 1 of the attached PSA, which are the same as the billing rates in the concept phase. With this amendment, the total allocated work on this contract is valued at $880,678. Geotechnical Services: On February 24, 2009, City Council approved a PSA with Leighton Consulting for the preparation of a geotechnical study for the City Hall and Park project to assist the design team during preliminary design process and to support environmental documentation. Supplemental work was required to be performed by Leighton Consulting including additional borings, samples for agricultural tests, installation of groundwater monitoring wells, percolation test data, and collection of groundwater data from wells. Amendment No. 1 to the PSA with Leighton Consulting incorporates this work into the PSA and is valued at $18,555. Amendment No. 2 to the PSA with Leighton Consulting is necessary to prepare a design -level geotechnical report to provide geotechnical recommendations for the ... -. proposed City Hall and Park. Specific work tasks are described in Exhibit 1 within the attached Amendment No. 2 to the Professional Services Agreement (PSA) with Leighton Consulting. This work is valued at $33,574. With these amendments, the total allocated work on this contract is valued at $114,803. City Hall and Park M111Plan -Approval of Amendment No.1 - ProfessionJvlces Agreement with CW Driver and Amendments No.1 and No. 2 - Notesslonal Services Agreement with Leighton Consulting, Inc. May 26, 2009 Page 4 Environmental Review: Architectural and Engineering services and geotechnical investigation and design services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. City Council has retained LSA who will prepare environmental documentation for the project. Funding Availabi lity: On April 14, 2009, the City Council approved an amendment to the Professional Services Agreement with LSA Associates, Inc., in the amount of $250,505, for additional environmental services for the City Hall and Park project. On April 28, 2009, the City Council approved an amendment to the Professional Services Agreement with Bohlin Cywinski Jackson in the amount of $4,689,775. The budget amendment approved on April 28, 2009 did not take into consideration the amount need for additional environmental services. Accordingly, a budget amendment is needed to cover the three amendments proposed in this report as well as the amendment approved on April 14, 2009 with LSA Associates and $4348 for incidental expenses outside the terms of the various professional agreements. Upon approval of the attached budget amendment, there are sufficient funds available in the following account: Account Descriotion City Hall and Park Design Proposed uses are as follows: Vendor CW Driver Leighton Consulting, Inc. Leighton Consulting, Inc. LSA Associates Various Submitted by: Director Account Number Amount 7410- C1002009 $ 954,000 $ 954,000 Purpose Amount Program Management $ 647,018 Geotechnical Services $ 18,555 Geotechnical Services $ 33,574 Environmental Services $ 250,505 Incidentals 4,348 Total: $ 954,000 Amendment No. 1 to PSA with C.W. Driver Amendment No. 1 to PSA with Leighton Consulting, Inc. Amendment No. 2 to PSA with Leighton Consulting, Inc. 3. The term of the AGREEMENT shall be extended to March 1, 2010. 4. In the event there are any conflicts or inconsistencies between Exhibit 1 attached to this AMENDMENT NO. ONE and the AGREEMENT entered into on January 13, 2009, the terms of the AGREEMENT shall govern. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE on the date first above written. APPROVED AS TO FORM: By/ynet ham p, Assistant City Attorney for the City of Newport Beach ATTEST: W Leilani Brown, City Clerk For the City of Newport Beach Attachments: Exhibit 1 — Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation Edward D. Selich, Mayor for the City of Newport Beach C.W. DRIVER: Dana Roberts, President Bessie Kouvara, Chief Financial Officer 0 C.W. Driver BUILDERS SINCE 1919 May 4, 2009 Mr. Steve G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Re: City Hall Master Planned Facility Program Management Services Fee Proposal Schematic Design / Design Development Phases Dear Steve: 15615 Alton Parkway Suite 150 Irvine, CA 92618 Fax 949.261.5167 Telephone 949.26 1.5100 C. W. Driver is please to submit our fee proposal to provide Program Management Services through the Schematic Design and Deslgn Development Phases of the Newport Beach City Hall Master Planned Facility project for your consideration. We are excited about this opportunity to continue to work with the City of Newport Beach and look forward to a very successful project. Our proposed fee of $565,348 is a Not -to- Exceed price for services through the SD and DD Phases of the Project for the nine month duration of June I, 2009 until February 28, 2010, based upon the Exhibit B dated April 7, 2009 of Bohlin, Cywinski, Jackson's (Bq) design proposal provided to CWD by the City of Newport Beach on 4/13109 as per the following: SCHEMATIC DESIGN PHASE . EXECUTIVE SUMMARY LABOR: Jane I, 2009 — Sept. 12, 2009 Project / Program Management Oversight & Support 46% 100,890 Constructability Review I.5% 2,780 Scheduling 1.5% 3,072 Estimating / Budgeting / Value Engineering 44% 96,436 BIM Manager 4.5% 9,768 Clerical 15% 4,860 SUBTOTAL 100% $217,806 DESIGN PEVELOPMENTPHASI$ - E,E'CU VE SUMMA_ RY LABOR: Sept 13, 200 — Feb 28, 2009 Project / Program Management Oversight & Support 477 197,230 Constructability Review 2% 3,336 Scheduling 2% 3,072 Estimating / Budgeting / Value Engineering 4r/ 110,784 BIM Manager 2% 25,344 Clerical 4% 7,776 SUBTOTAL 100% $347,542 TOTAL FOR BOTH SD & DD PHASES FOR PROJECT $565,348 �1¢ Los Angeles Imine Onario San Diego License No. 102 0 0 In addition to C.W. Driver's proposal, we offer two alternates for extended services per the following: Probosal Alternate #1 JL EW-ROCUVTtJTCOORONATION SERVICES SD & DD PHASES SUMMARY: LEER Document Coordination f Assembly 62% 16,830 LEED Checklist Update / Maintenance / Manage Process 38% 9,840 (Excludes LEED Credit Calculations / Submittals) $7,500 $26,670 Pronosal Alternate #2 Es.SI,24 ' A Y:� Blueprints, Reprographics, Copying — Ind Dist of Dots to Subs $20,000 Travel Expenses, Mileage — Incl (I) trip for two people to SF $7,500 SD Phase Reimbursable Subtotal $27,500 DD Phase Blueprints, Reprographics, Copying — Incl Dist of Docs to Subs $20,000 Travel Expenses, Mileage — Incl (I) trip for two people to SF $7,500 DD Phase Reimbursable Subtotal $27,500 REIMBURSABLE EXPENSES TOTAL $55,000 The above values and cost categories are estimates only. Should additional items and costs develop, the Program Manager will request approval from Owner. C. W. Driver proposes to provide full service program management services through both the Schematic Design and Design Development Phases including: a. Develop one full project estimate at each separate Design Phase (Total of 2) b. Provide on -going cost studies during both SD and DD design phases c. Management and Coordination of City's Project Consultants including the City's Architect and Subconsultants, Soils Engineer, Environmental Consultant, Site Engineering and Survey Group, Commissioning Consultant, etc. d. Review Consultant Cost Estimates, Proposals e. Coordinate and attend all team related field trips to existing "like" structures. Includes photo documentation of trip. f. Provide, maintain and distribute milestone preconstruction schedules during both design phases g. Constructability Review h. Identify potential cost increasing elements of the project I. Provide potential value engineering suggestions to project design C" LICENSE No. IU2 0 • j. Use of BIM technology for design analysis k. Facilitate needs assessment information I. Schedule, attend and conduct internal team meetings m. Develop regular reporting methods for Owner n. Attendance to all required project meetings and project related committee meetings o. Facilitate information process to designated parties p. Jobsite photography as required Project Exclusions to Base Proposal: a. Program Management and /or Construction Management Services for the Construction Document (CD) and Construction Phases of the project. b. Project energy management simulations, calculations, c. LEED Credit Calculations d. LEED Construction Submittals a. LEED Document Coordinator / Management for Project LEED Certification process b, Update LEED Checklist and assign responsibility to project team members — (See Alternate # 1) c. Review and verification of required LEED Certification submittals — (See Alternate #1) d. Management of Design Phase Credits — (See Alternate #1) Please know that we are committed to the total success of this project and look forward to continuing our relationship with the City of Newport Beach and the Design Teams. Executive C: John Thornton, Vice President of Operations Robert Shafer, Chief Estimator William Hahn, Program Manager Attachments: Exhibit B — CWD Management Rates and Reimbursables C" LICENSE No 102 0 C.W. Driver C. W. DRIVER BUILDERS SINCE 1919 Exhibit "B" MANAGEMENT RATES & REIMBURSABLES EFFECTIVE January 1, 2009- 9acam6eP44 -@6V ACCOUNTING 84.00 ASSISTANT ESTIMATOR 82.00 ASSISTANT PROJECT MANAGER 139.00 ASSISTANT SUPERINTENDENT 109.00 BIM MANAGER - 132400 CARPENTER 102.00 CARPENTER FOREMAN 107.00 CLERICAL 81.00 CONSTRUCTABILITY REVIEWER 139.00 ESTIMATOR/COST ENGINEER 148.00 FIELD SUPERINTENDENT 157-00 GENERAL SUPERINTENDENT 195.00 IT SUPPORT 107.00 LABORER 84.00 LABORER FOREMAN 88.00 PROJECT ENGINEER 83.00 PROJECT EXECUTIVE f CHIEF ESTIMATOR 195.00 PROJECT (PROGRAM) MANAGER 165.00 SAFETY OFFICER 104.00 SCHEDULER 128.00 SENIOR ESTIMATOR 170.00 SENIOR PROJECT ENGINEER 128.00 SENIOR PROJECT MANAGEMENT 171.00 TRUCKING I DELIVERIES _ 69.00 Above rates apply to standard woMweek hours. Management Rates Include all wages, workers compensation insurance costs. fringe benefits and payroll canes, office supplies and expenses. mobile phone costs, project staff computers and sofwere, main office overhead, and profit Reimbumeable Experrses: Reimburseable expenses will be reimbursed at rate of cost plus 1 WA. Typical reimbursement costs consist of the following Travel and subsistence, mileage, Additional Program Management Services not inclusive of this Agreement Outside Consultants, printing costs, postage and mil delivery charges, Permits and Fees, Testing and Inspections. Payment and Performance Bonds 0 0 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR CITY HALL & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and LEIGHTON CONSULTING, INC., a California Corporation whose address is 17781 Cowan, Irvine, California, 92614 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On February 24, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for the performance of geotechnical exploration and consultation for the design and preparation of environmental documents for the City Hall and Park, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT. C. CITY desires to compensate CONSULTANT for additional professional- services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. ONE ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. ONE, including, but not limited to, all work set forth in the Supplemental Work Authorization attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. 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 to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsultant fees, shall not exceed Eighteen Thousand, Five Hundred Fifty -Five Dollars and no/100 ($18,555.00) without prior written authorization from City. 0 0 3. In the event there are any conflicts or inconsistencies between Exhibit A attached to this AMENDMENT NO. ONE and the AGREEMENT entered into on February 24, 2009, the terms of the AGREEMENT shall govern. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. ONE on the date first above written. APPROVED AS TO FORM: By: Ay"netilab. Be mp Assistant City Attorney for the City of Newport Beach ATTEST: M Leilani Brown, City Clerk for the City of Newport Beach CITY OF NEWPORT BEACH, A Municipal Corporation M Edward D. Selich, Mayor for the City of Newport Beach LEIGHTON CONSULTING, INC.: By: Kris Lutton, Senior Vice President Terry M. Brennan, Chie Financial Officer Attachments: Exhibit A — Supplemental Work Authorization Leighton Consulting, Inc. A L£id NTtrn GROUP COMPAtlY 0 SUPPLEMENTAL WORK AUTHORIZATION Client: City of Newport Beach Date: April 14, 2009 3300 Newport Boulevard Project No.: 602184 -002 Newport Beach, California 92663 Project Name: Civic Center Attention: Mr. Steve Badum Per the request of CW Driver, additional work was performed at the future City Hall site. Such work includes additional borings, additional samples for agricultural test, installation of groundwater monitoring wells, percolation test data, and collection of groundwater data from wells. A summary of the additional tasks and fees is presented in the table below. Tasks Original Scope Revised Scope Additional Labor-Fee Additional Reimbursable Total ,Qdditionai Fee Hand -Auger Borings 8 Borings to 3 feet 4 Borings to 3 feet -$500 - $ 500 Hollow -Stem Auger 3 Borings up to 80 8 Borings up to 80 feet $ 2,300 $ 5,900 $ 8,200 Borings feet Bucket Auger Borings I Boring to 80 feet No Change Groundwater Monitoring 2 Wells to 60 feet. Data Wells Installation & None collected once a week $ 1,150 $ 1,120 $ 2,270 Groundwater Monitoring for 4 weeks. Agricultural Testing 56 Samples 78 Samples $ 3,085 $ 3,085 Geotechnical Samples 4 Borings 9 Borings $ 1,000 $ 1,000 and Testing up to 80 feet up to 80 feet Percolation Test None I Percolation test $ 1,500 $ 1,500 at 38 feet Geotechnical Boring 4 Borings 9 Borings $ 3,000 $ 3,000 Logs and Analyses up to 80 feet up to 80 feet Total Additional Fee: 1 $18,555 Should you have any questions regarding this Additional Budget Request, please contact me at 949 - 250 -1421 or vcheng@ieightoilgroup.com. 17781 Cowan v Irvine, CA 92614-6009 9220-1599 949.253.9636 v Fax 949. 260.1114 v www.LightonronsulUrkg.com 0 0 AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT WITH LEIGHTON CONSULTING, INC. FOR CITY HALL & PARK MASTER PLAN EIR GEOTECHNICAL EXPLORATION AND CONSULTATION THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and LEIGHTON CONSULTING, INC., a California Corporation whose address is 17781 Cowan, Irvine, California, 92614 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On February 24, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for the performance of geotechnical exploration and consultation for the design and preparation of environmental documents for the City Hall and Park, hereinafter referred to.as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. TWO to reflect additional services not included in the AGREEMENT or prior AMENDMENT and to extend the term of the AGREEMENT to March 1. 2010. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. TWO ", as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. TWO, including but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. 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 to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. TWO, including all reimbursable items and subconsultant fees, shall not exceed Thirty -Three Thousand, Five Hundred Seventy -Four Dollars and no /100 ($33,574.00) without prior written authorization from City. 9 0 3. The term of the AGREEMENT shall be extended to March 1, 2010. 4. In the event there are any conflicts or inconsistencies between Exhibit A attached to this AMENDMENT NO. TWO and the AGREEMENT entered into on February 24, 2009, the terms of the AGREEMENT shall govern. 5. Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. TWO on the date first above written. APPROVED AS TO FORM: By: yne mp Assistant Ci ttorney for the City of Newport Beach ATTEST: In Leilani Brown, City Clerk for the City of Newport Beach Attachments: Exhibit A — Scope of Services CITY OF NEWPORT BEACH, A Municipal Corporation 0 Edward D. Selich, Mayor for the City of Newport Beach LEIGHTON CONSULTING, INC.: Kris Lutton, Senior Vice President Terry M. Brennan, Chie Financial Officer 0 • Leighton Consulting, Inc. GEOTECHNICAL I GEOENVIRONMENTAL I MATERIALS TESTING To: City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Attention: Steve Badum From: Vivian Cheng Date: April 27, 2009 Revised May 4, 2009 Proposal No. P60101199 Subject: Proposal for Geotechnical Report for Final Design of the Proposed Newport Beach City Hall Master Planned Facility Project, City of Newport Beach, California Introduction In accordance with the request of C.W. Driver, Leighton Consulting, Inc. (Leighton) is pleased to present this proposal to perform geotechnical exploration and prepare a design -level geotechnical report for the proposed Newport Beach City Hall Master Planned Facility Project. The scope of work outlined below is based on our current understanding of the proposed facility, the preliminary geotechnical findings from our EIR level geotechnical exploration, and our conversations with Mr. William Hahn from C.W. Driver. Proiect Description The proposed Newport Beach City Hall Master Planned Facility will be located on an approximately 12 -acre vacant property north of the City's Central Library on Avocado Avenue (southern parcel) and an approximately 3.5 -acre parcel north of San Miguel east of Avocado Avenue (northern parcel). Light and heavy vegetation and bushes are present within the site. A ravine is located between the northern and southem areas within the southern parcel. The site is located on an elevated pad above Avocado Avenue and MacArthur Boulevard with elevations ranging from 160 to 200 feet above msl. We understand that a two -story city hall building and a three -story parking structure are planned within the southern parcel immediately north of the library. Parks are proposed to cover the remaining project area. Based on the current project plan, the bottom elevation of the proposed city hall will range from 140 to 151 feet msl. A partial basement is also planned near the southern end of the new city hall building with a bottom elevation at approximately 130 feet msl. The proposed bottom elevation of the parking structure ranges from 139 to 157 feet msl from the southern to the northern end. An access road is planned Page 1of5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 0 0 to connect the existing library to the proposed parking structure. A 20 to 40 foot high retaining wall will be constructed east of the parking structure adjacent to MacArthur Boulevard. Grading and structural plans are not available at this time. Proiect Approach Based on the current schematic design, significant grading, ranging from 30 to 40 feet of cut, will be performed within majority of the site during construction. In 2008, Leighton performed a due - diligence study for the project (Leighton, 2008). Results of the 2008 exploration showed that shallow bedrock, typically 20 feet or less below current grade, was encountered consistently throughout the site. Leighton performed an E1R level exploration in 2009 for the project and the report is currently underway. Deep hollow -stem auger borings, bucket auger borings, groundwater monitoring and percolation tests were performed at the site in 2009. This phase of exploration was performed based on a schematic plan provided to us. Our findings within the bucket auger boring showed that adverse bedrock structure was present. The adverse bedrock structure may impose additional geologic surcharge on the proposed retaining wall. The current phase of exploration will be performed based on the final design of the building, parking structure, and retaining wall. The final design is not available to us at this time. The exploration will include two bucket auger borings to approximately 80 feet deep to observe and measure the bedding within bedrock and obtain samples of the soil and bedrock. Data obtained will be used to develop design parameters for the proposed retaining wall. Recommendations for the final design of the proposed city hall and parking structure will also be included. Scone of Work Leighton will prepare a design -level geotechnical report to provide geotechnical recommendations for the proposed facility. The scope below is prepared based on our current understanding of the project. Leighton should review the final design prior to commencement of field work and provide a revised scope if the future plan deviates significantly from the current plan, if necessary. Brief descriptions of our proposed tasks are provided below: Task 1 — Geotechnical Report Review geotechnical maps and reports in Leighton's in -house library that are relevant to the site. Page 2of5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 FAX (949) 250 -1114 Premark the bucket auger boring locations at the site. The borings will be marked near the proposed retaining wall which is adjacent to MacArther Boulevard. The location of the borings will be submitted to you for your approval prior to the field exploration. Inform Underground Service Alert (USA) for possible public utilities at the site. We assume we will be able to access the site during normal business (daylight) hours. We also assume that site access will be provided by you and no drilling permits will be required. We will coordinate with LSA to provide an archaeological/paleontological monitor. The archaeological/paleontological monitor will be on -site full time during all excavation activities. For the purpose of this proposal, we assume negative findings. Advance a total of two (2) bucket auger borings near the proposed retaining wall. The bucket auger borings will be drilled to 80 feet below current grade and will be downhole logged by a geologist. The bucket auger borings will be advanced to the proposed depth or when groundwater is encountered, whichever is shallower. All borings will be terminated upon auger refusal. Record blowcounts and subsurface conditions encountered by our field personnel. The bucket auger boring will be downhole logged by a geologist to document bedrock structure. Upon completion of drilling, the borings will be backfilled with soil cuttings. Excess soil cuttings will be spread over the site at the landscape areas. Representative samples obtained from the borings will be tested in our geotechnical laboratory in general accordance with the applicable ASTM and/or Caltrans Standards and may include in -place moisture and density, sieve analyses, direct shear, consolidation, Expansion Index, Atterberg Limits, R -value and corrosivity tests. Portions of samples remaining after the completion of laboratory testing will be stored in the laboratory for 30 days. After 30 days, samples will be discarded unless we are notified otherwise. • Prepare a geotechnical report summarizing the results of our data review and site exploration. The report will include- - Results of site reconnissance and document review; — Results of previous studies on the site; — A description of regional and local geology, earth materials encountered in the current and previous explorations, and depth to groundwater, if encountered. Description of soils will include presence of potentially expansive and deleterious soils; — Log of the borings summarizing subsurface conditions, results of laboratory testing, and a plan indicating the current and previous boring locations; Page 3of5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250.1114 0 9 — A geologic cross - section of the study area showing contacts of artificial fill, native soils, and bedrock, and location of the proposed facilities with the current and previous subsurface data; — Recommendations for design capacities of shallow foundations; — Information on total and differential settlements to be expected based on the recommended foundation system; — Recommendations for design and construction of slabs -on- grade; — Recommendations for earth retaining structures, including backfill, compaction and sub drainage requirements, and provide active, at -rest and passive earth pressures. Recommendations will also include geologic surcharge on the wall from the bedrock, and seismic lateral pressures; Recommendations for site grading; — Discussion of the corrosivity and sulfate and/or chloride attack potential of site soils near the foundation level of the proposed buildings. Provide the City a draft copy of the report for review and comment prior to finalization and update the report based on review comments provided by City and the design team. Revisions to the Geotechnical Report are assumed to take up to 8 hours. Efforts exceeding 8 hours will need additional budget, to be negotiated prior to the effort being taken. Task 2 — Team Meetings and Engineering Consultation It is anticipated that up to two representatives (Geologist and Engineer) from Leighton may be required to attend up to three project team meetings to provide geotechnical input. Leighton will also be available to provide consultation and support to the team (including project architects) during final design of the proposed City Hall. For project seeping purposes, this task is assumed to include up to 12 hours of professional time (meetings and design consultation). Attendance at meetings and/or public hearings in addition to those specified above can be provided at an additional cost negotiated before the additional service is provided. Schedule We are prepared to commence work immediately upon your written authorization to proceed. We can provide a draft report within four weeks of the completion of our subsurface explorations. We will issue the final report within two weeks of receiving final comments fi-om you. Page 4of5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 9 Project Fees Task f — Geotechnical Exploration for Final Design Site Reconnissance, Field Planning, Boring Marking, Underground Utility 750.00 (USA) Clearance $ Field Exploration, Geotechnical and Agricultural Soil Sampling $ 2,112.00 $2,112.00 — Leighton Field Geologist (2 days of drilling) $ 2,800.00 — Reimbursable (Bucket Auger Rig, Cultural and Path. $ 8,900.00 Monitoring) Geotechnical Laboratory Test $ 5,300.00 Geotechnical Analyses $ 4,600.00 Geotechnical Reports $ 4,000.00 Total (Lump Sum): $ 26,350.00 Task 2 — Team Meetings & Post - Report Design Consultation Grading Plan Review $1,500.00 Structural Plan Review $1,500.00 Team Meetings & Design Consultation, est. 12 hours on an as- needed basis — Senior Project Engineer ($176/hr x 12 hrs) — Senior Project Geologist ($176/hr x 12 Ins) $ 2,112.00 $2,112.00 Estimated Total: $ 7,224.00 Assumptions • The project will be subjected to the Prevailing Wage Law. Fee for archaeological/paleontological monitoring assumed negative findings. If findings are positive for archaeological/paleontological resources, we will inform you immediately and a budget augment will be submitted to complete a report of positive findings. The monitoring will be pet-formed by LSA staff. Attendance at meetings and/or public hearings in addition to those specified above can be provided at an additional cost before the additional service is provided. Page 5of5 17781 Cowan, Irvine, CA 92614 (949) 250 -1421 • FAX (949) 250 -1114 0 9 AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH C.W. DRIVER FOR CITY HALL AND PARK MASTER PLAN PROJECT - PROGRAM MANAGEMENT SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this day of , 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and C.W. DRIVER, a California Corporation whose address is 15615 Alton Parkway, Suite 150, Irvine, California, 92618 ( "CONSULTANT "), and is made with reference to the following: RECITALS: A. On January 13, 2009, CITY and CONSULTANT entered into a Professional Services Agreement, hereinafter referred to as "AGREEMENT ", to manage design and construction of the new City Hall and. Park Master Plan Project, hereinafter referred to as "PROJECT ". B. CITY desires to enter into this AMENDMENT NO. ONE to reflect additional services not included in the AGREEMENT and to extend the term of the AGREEMENT to March 1, 2010. C. CITY desires to compensate CONSULTANT for additional professional services needed for PROJECT. D. CITY and CONSULTANT mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. ONE" as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. In addition to the services to be provided pursuant to the AGREEMENT, CONSULTANT shall diligently perform all the services described in AMENDMENT NO. ONE, including but not limited to, all work set forth in the Scope of Services attached hereto as Exhibit 1 and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 2. 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 to the AGREEMENT. Consultant's compensation for all work performed in accordance with this AMENDMENT NO. ONE, including all reimbursable items and subconsultant fees, shall not exceed Six Hundred Forty -Seven Thousand, Eighteen Dollars and no /100 ($647,018.00) without prior written authorization from City. C# of Newport Beach • NO. BA- 09BA -054 BUDGET AMENDMENT 2008 -09 AMOUNT: 8954,000.00 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 from City Hall & Park Fund unappropriated fund balance for additional funding for the Schematic Design and Design Development Phases of City Hall and Park for program management environmental services and geotechnical services. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 410 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description City Hall & Park Fund - Fund Balance Description Signed: Signed: Signed: Approval: City Council Approval: City Clerk Director Amount Debit Credit $954,000.00 Auranaft $954,000.00 S —fie' l� Date 5 � Da Date Description Division Number 7410 City Hall Construction Account Number C1002009 City Hall: New Division Number Account Number Division Number Account Number Signed: Signed: Signed: Approval: City Council Approval: City Clerk Director Amount Debit Credit $954,000.00 Auranaft $954,000.00 S —fie' l� Date 5 � Da Date r qJ37 PROFESSIONAL SERVICES AGREEMENT WITH C.W. DRIVER FOR CITY HALL AND PARK MASTER PLAN PROJECT - PROGRAM MANAGEMENT SERVICES THIS AGREEMENT is made and entered into as of this 13th day of January, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and C.W. DRIVER, a California Corporation, whose address is 15615 Alton Parkway, Suite 150, Irvine CA 92618 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to design and construct the new City Hall and Park Master Plan Project. C. City desires to engage Consultant to manage design and construction of the new City Hall and Park Master Plan Project ( "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 John Thornton, Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of May, 2009 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items (up to $10,000.00) and subconsultant fees, shall not exceed Two Hundred Thirty -Three Thousand, Six Hundred and Sixty Dollars and no /100 ($233,660.00) 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 limited and include nothing more than the following costs incurred by Consultant: 2 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 William Hahn 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. If Consultant is performing inspection or construction management services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. Consultant's cellular phone number will be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Stephen G. Badum, Public Works Director, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 3 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. FINNERETMITTIRTIMOT&W-1 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. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor "), construction means, methods, 4 techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, 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 any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and/or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to 5 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. I 9111VA2i1IIwo Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 0 i 0 D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of ten million dollars ($10,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents 7 • ! and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING 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 0 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 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. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word, Adobe, 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 9 • • 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. 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. 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. 23. 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. 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 10 0 • 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. 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: Stephen Badum, Public Works Director Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: John Thornton, Vice President C.W. Driver 15615 Alton Parkway, Suite 150 Irvine CA, 92618 Phone: 949 - 261 -5100 Fax: 949 - 261 -5167 27. TERMINATION AND DISPUTE RESOLUTION 27.1 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, 11 0 i 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. 27.2 STEPPED DISPUTE RESOLUTION In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, besides a default as set forth in Section 27.1, the City and the Consultant agree to attempt to resolve such disputes in the following manner: First, the parties agree to attempt to resolve such disputes through direct negotiations between the appropriate representatives of each party within ten (10) calendar days of being notified of the dispute. Second, if such negotiations are not fully successful, the parties agree to attempt to resolve any remaining disputes by formal nonbinding mediation conducted in accordance with rules and procedures to be agreed upon by the parties within thirty (30) calendar days after the failure to resolve the dispute by direct negotiation. All parties agree that Consultant shall be required to submit a Tort Claim in conformance with the Tort Claims Act (Government Code Section 900 et seq.) and that this Section does not alter the Tort Claims Act requirements or toll any time limitations or statute of limitations set forth in the Tort Claims Act. 28. 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. 12 0 of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. 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. 31. 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. 32. 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. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: City Attorney for the City of Newport Beach ATTEST: By: Leilani Brown, City Clerk ra Etta A -a y A . CITY OF NtWPOF�T BEACH, A Munichal Corporotio By: / A G.�/.-N Mayo for the City of Newport Beach CONSULTANT: _� 0/'W�O/Porate• Title: President Print Name: Dana Roberts B y: (Financial Officer) Title: Chief Financial Officer Print Name. Bessie Kouvara Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates 14 0 G.W. Driver BUILDERS SINCE 1919 January 7, 2009 Mr. Steve G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 EXHIBIT A • Re: City Hall Master Planned Facility Program Management Services Fee Proposal Dear Steve: 15615 Alton Parkway Suite I50 Irvine, CA 92618 Fax 949.261.5167 Telephone 949.261.5 100 C. W. Driver is please to submit our fee proposal to provide Program Management Services through the Concept Phase of the Newport Beach City Hall Master Planned Facility project for your consideration. We are excited about this opportunity to work with the City of Newport Beach and look forward to a very successful project. Our proposed fee of $223,660 is a Not -to- Exceed price for services through the Concept Phase of the Project as per the following: CONCEPT PHASE EXECIJTIVE`SUMMARY: Project / Program Management Oversight & Support 470% 105,460 Constructability Review 2% 5,560 Scheduling 2% 5,120 Estimating / Budgeting / Value Engineering 42% 93,168 BIM Manager 2% 5,280 Clerical 4% 9,072 TOTAL 1000% $223,660 C. W. Driver proposes to provide full service program management services through the Concept Design Phase including: a. Develop conceptual estimate based upon Architect's concept design b. Management of City's Architect, Bohlin, Cywinski, Jackson (BCJ) c. Provide, maintain and distribute milestone preconstruction schedule d. Constructability Review e. Identify potential cost increasing elements of the project f. Provide potential value engineering suggestions Los Angeles Irvine Ontario San Diego A License No. 102 0 0 g. Use of BIM technology for design analysis h. Facilitate needs assessment information i. Schedule and conduct internal team meetings j. Develop regular reporting methods for Owner k. Attendance to all required project meetings and committee meetings I. Facilitate information process to designated parties Please know that we are committed to the total success of this project and look forward to work with the City of Newport Beach and the Design Teams. Sincerely, ruce C y Project ve C: John Thornton, Vice President of Operations Robert Shafer, Chief Estimator William Hahn, Program Manager City Attendees at today's meeting Attachments: Exhibit B — CWD Management Rates & Reimbursables C" V L LIC E NS F; Nn. 102 0 0 EXHIBIT B C.W. Driver C. W. DRIVER RIALDERS SINCE. 1919 MANAGEMENT RATES & REIMBURSABLES EFFECTIVE JANUARY • JUNE, 2009 ACCOUNTING 84.00 ASSISTANT ESTIMATOR 82.00 ASSISTANT PROJECT MANAGER 139.00 ASSISTANT SUPERINTENDENT 109.00 BIM MANAGER 132.00 CARPENTER 102.00 CARPENTER FOREMAN 107.00 CLERICAL 81.00 CONSTRUCTABILITY REVIEWER 139.00 ESTIMATOR/COST ENGINEER 148.00 FIELD SUPERINTENDENT 157.00 GENERAL SUPERINTENDENT 195.00 IT SUPPORT 107.00 LABORER 84.00 LABORER FOREMAN 88.00 PROJECT ENGINEER 83.00 PROJECT EXECUTIVE! CHIEF ESTIMATOR 195.00 PROJECT (PROGRAM) MANAGER 165.00 SAFETY OFFICER 104.00 SCHEDULER 128.00 SENIOR ESTIMATOR 170.00 SENIOR PROJECT ENGINEER 128.00 SENIOR PROJECT MANAGEMENT 171.00 TRUCKING 1 DELIVERIES 69.00 Above rates apply to standard workweek hours. Management Rates, Management Rates Include all wages, workers compensation insurance costs, fringe benefits and payroll taxes, office supplies and expenses, mobile phone costs, project staff computers and sofware, main office overhead, and profit Reimburseable Expenses: Reimburseable expenses will be reimbursed at rate of cost plus IM Typical reimbursement costs consist of the following: Travel and subsistence, mileage, Additional Program Management Services not inclusive of this Agreement, Outside Consultants, printing costs, postage and mail delivery charges. Permits and Fees, Testing and Inspections, Payment and Performance Bonds Fax #: 0 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 2/23/09 Dept. /Contact Received From: Shauna Oyler Date Completed: 2/23/09 Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: C.W. Driver 1. GENERAL LIABILITY A. INSURANCE COMPANY: Arch Insurance Company A. B. AM BEST RATING (A: VII or greater): AXV B. C. ADMITTED Company (Must be California Admitted): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? $1M Each Occ /$2M Aug E. PRODUCTS AND COMPLETED OPERATIONS (Must What is limits provided? $1,000.000 include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The officers, officials, employees and volunteers): Is it included? ❑ Yes City its officers, officials, employees and volunteers): Is it F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be Is it included? N/A ❑ Yes included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named notification of cancellation by certified mail; per Lauren Farley, the City will accept the insured is not limited solely by their negligence) Does endeavor wording. 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. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Arch Insurance Company B. AM BEST RATING (A: VII or greater) AXV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $1,000.000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Arch Insurance Company B. AM BEST RATING (A: VII or greater): AXV C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? ragl��mPnr.Tnc1 Inst:l.r: ,P rinc�nnPnis - MFSSac�e jRi: h iPxt; — °'� �� Message lesen optloas Format Text I � Anal iJ A Paste A — — _ 'Address Check Pollm Spelling . '� J (J :✓ ' _ =.. Yr�: Book (dames !�`" UP. t amboara Basic (w, !Names'i. .Pjude Optio^h ,'konfing 50JIM. Aq:vpmCnf ana inimantt tlo[umemi I am still holding the agreement awaiting the insurance documents. I am unable to have the agreement executed by the City until I receive approval of the documents, I am also unable to pay any invoices. j Please let me know when I can expect receipt of these documents. j Thanks Shauna Oyler Public Works Specialist City of Newport Beach 949- 644 -3311 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT 5 -34 Agenda Item No. January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Badum sbadum(cDcity.newport- beach.ca.us 949 -644 -3311 SUBJECT: CITY HALL AND PARK MASTER PLAN PROJECT - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CW DRIVER FOR PROGRAM MANAGEMENT SERVICES RECOMMENDATIONS: Approve a Professional Services Agreement with CW Driver, of Irvine, California, for Pre - Design Phase 1 program management services at a contract price of $233,660 and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: Pre- Design Phase 1 The level of complexity and importance of the City Hall and Park Project requires dedicated program management and specialized expertise. With the current demands on staff associated with the City's aggressive capital improvement program, it was determined that hiring contract professional services to provide management of the City Hall and Park Project would be the most appropriate action. To that end, staff solicited requests for qualifications (RFQ) from program management firms and received 24 responses. The City staff selection committee reviewed and ranked each RFQ and established a list of seven finalists as follows: Barnhart, Inc, (Heery Intl.), C.W. Driver Gafcon, Inc. Griffin Structures, Inc. Pinnacle One (Arcadis Co.) Traker Development Voit Development The seven finalists were interviewed by the City Building Committee and C.W. Driver was selected as the best qualified firm to provide program management services. •city Hall and Park Master Plan — Appnuval of Profetnal services Agreement with C W. 00ver January 13, 2009 Page 2 In general, the proposed work scope includes managing all aspects of the project design and construction with special attention to schedule, cost and quality. C.W. Driver will perform as an extension of staff reporting to the Public Works Director. The work performed by C.W. Driver will occur in three phases with only Phase I work being covered by this contract. Phase I — Pre - Design Management Services Phase 1 includes pre- design program management and coordination services through the start of the design phase of the Project. Such services include: • Provide staff support, as required, to the Citys Building Committee and City Hall Design Committee, concept development, public outreach, and general communications. • Review, update and confirm with City Staff and the City's Building Committee existing City program information including the most current needs assessment. • Review and understand the existing City Council adopted design guidelines, design parameters, codes, and requirements affecting this project. • Coordinate and manage the activities of the City's design team including geotechnical, traffic, and EIR, and other related consultants. • Assist the City in developing a Program Budget including all project cost such as usual and customary consultanttpermittfees soft cost, building construction, onsite and offsite mitigation cost, other indirect cost, outfitting with furniture and equipment, moving cost, financing cost, and any other cost that can be anticipated to be incurred in a public project of this scope and function. Phase II - Design Management Services Phase II involves pre- construction management and administration services, including design management and coordination services for the project from conceptual design, schematic design, design development, and the production of construction documents through the issuance of a building permit. The Program Manager (PM) and its team will review and coordinate all design work on behalf of the City. Work scope in this phase includes: • Coordinate and manage the City's design team in its delivery of Architectural and Engineering (A&E) services, including all required specialty consultants such as geotechnical, traffic, noise and civil engineering design with special emphasis placed on the following activities: • Addressing functional needs for the City Hall, Park and Parking Facility as defined in the City's project program. • Addressing the neighborhood context. • Coordinate all aspects of on -site improvements, all required off-site improvements, all on -site and off -site utilities, and any other applicable improvements. • Addressing the principles of sustainability during the design process as may be directed by the City. • Incorporation of depletable resource conservation, LEED, and operational Wity Hall and Park Master Plan - Approval of Profeal $ervioes Agreement with C W. Driver January 13, 2009 Page 3 o Addressing the importance of design, drawing and specification all complying with applicable local and State codes and design standards. • Coordinate the City s CEQA compliance and environmental approval process, and integrate into the project. • Develop budgets and or cost estimates at each phase of the design process and recommend design modifications as necessary utilizing Value Engineering principles to seek to keep at or below the construction budget established for the Project. • Provide periodic design and constructability reviews. • Provide construction logistic studies including evaluating potential locations for construction trailers, layout area, material storage, construction staff parking and other required areas to facilitate construction within the Project site and identification of additional off -site locations if required. • Develop and maintain overall Project schedules and manage the Project to ensure that timeframes for deliverables and processes prior to construction are met. • Provide a quality check on the final construction document and specifications. • Manage appropriate furniture, fixture and equipment bidding /procurement and installation. • Prepare a Storm Water Pollution Prevention Plan (SWPPP), file a Notice of Intent (NOI) with the State Water Resources Control Board, and secure a Waste Discharger Identification (WDID) number. • Assure incorporation (and respond to) all Building Official and other permitting agency comments as appropriate, and facilitate the permitting process. • Secure City issued building permits and all other jurisdictional permits required to construct the Project. Phase III — Construction Management Services Phase III includes comprehensive Construction Management services during construction and post - construction phases of the project including the installation of furnishings, fixtures, and equipment (FF &E) and coordination of move -in. Work scope in this phase includes: • Managing the public bidding and award process in full compliance with the Calif. 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 ❖ Coordination of all Project consultants under direct contract to the City ❖ Project and construction cost management ❖ Quality assurance, inspection, and quality control •S Coordinate with the City's Building Inspectors ❖ Dispute resolution ❖ Submittal coordination ❖ Management of Requests for Information (RFI) ❖ Change order review and negotiations •City Hall and Park Master Plan — Approval of Profetnal Services Agreement with C W. Driver January 13, 2009 Page 4 ❖ 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 4• Construction punch -list management and completion ❖ Manage substantial and final completion processes, and project acceptance. ❖ Compile program warranties ❖ 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 At this time, Staff recommends the proposed contract include only Pre - Design Phase I. Upon successful completion of Phase I, staff will negotiate an amendment to this contract to continue with Phase 11, Design Management Services, of the project. Prior to the beginning of Phase 111, Construction Management Services, with the goal of determining the most economically and efficient way to proceed with the construction of the Project addressing Project budget, schedule and control, the City and the PM will determine whether the construction of the Project shall be contracted under a Construction Management at Risk or General Contractor Agreement. The PM agreement will therefore by augmented or adjusted accordingly to incorporate the agreed upon method of construction. The proposed fee for program management services for Phase I, Pre - Design /Concept, is $223,600 with a $10,000 allowance for reimbursables for a total cost not to exceed $233,600 on a time and materials basis per the attached proposal and hourly rates. Environmental Review: Architectural and Engineering services are not projects as defined in the California Environmental Quality Act (CEQA) Implementing Guidelines. Staff is currently conducting a selection process to retain and EIR consultant who will prepare environmental documentation for the project. Fundino Availabili There are sufficient funds available in the following account: Account Description Account Number Amount City Hall and Park Design 7410- C1002009 $ 233,660 233,660 Submitted Badum s Director Attachment: PSA with CW Driver - - - - -- • • PROFESSIONAL SERVICES AGREEMENT WITH C.W. DRIVER FOR CITY HALL AND PARK MASTER PLAN PROJECT - PROGRAM MANAGEMENT SERVICES THIS AGREEMENT is made and entered into as of this 13th day of January, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and C.W. DRIVER, a California Corporation, whose address is 15615 Alton Parkway, Suite 150, Irvine CA 92618 ("Consultant"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the.State of California and the Charter Of City. B. City is planning to design and construct the new City Hall and Park Master Plan Project. C. City desires to engage Consultant to manage design and construction of the new City Hall and Park Master Plan Project ( "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 John Thornton, Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of May, 2009 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items (up to $10,000.00) and subconsultant fees, shall not exceed Two Hundred Thirty-Three Thousand, Six Hundred and Sixty Dollars and no /100 ($233,660.00) 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 limited and include nothing more than the following costs incurred by Consultant: n U 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. S. 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 William Hahn 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. If Consultant is performing inspection or construction management services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. Consultant's cellular phone number will be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Stephen G. Badum, Public Works Director, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 0 0 7. C17Y'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. 8.4 The term Construction Management or Construction Manager does not imply that Consultant is engaged in any aspect of the physical work of construction contracting. Consultant shall not have control over or be in charge of and shall not be responsible for the project's design, City's project contractor ( "Contractor "), construction means, methods, ..................... ................ 11 9 techniques, sequences or procedures, or for any health or safety precautions and programs in connection with the work. These duties are and shall remain the sole responsibility of the Contractor. Consultant shall not be responsible for the Contractors' schedules or failure to carry out the work in accordance with the contract documents. Consultant shall not have control over or be responsible for acts or omissions of City, Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other persons performing portions of the work. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, 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 any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to 0 0 exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work. Consultant shall obtain, provide and maintain at Its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Slanature. A person authorized by the insurer to bind overage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. r 0 D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work perforated by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation. contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. Automobile Liability Coverage. Consultant .shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of ten million dollars ($10,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days written notice of non- payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall, not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25%) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING 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 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. 18. COMPUTER DELIVERABLES All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word, Adobe, 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 tabor 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. 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. 22. 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. 23. 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 bome by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. 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 0 0 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 Consultants violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terns 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: Stephen Badum, Public Works Director Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3311 Fax: 949 -644 -3318 All notices, demands, requests or approvals. from CITY to Consultant shall be addressed to Consultant at: Attention: John Thornton, Vice President C.W. Driver 15615 Alton Parkway, Suite 150 Irvine CA, 92618 Phone: 949- 261 -5100 Fax: 949 - 261 -5167 27. TERMINATION AND DISPUTE RESOLUTION 27.1 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, 0 0 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. 27.2 STEPPED DISPUTE RESOLUTION In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, besides a default as set forth in Section 27.1, the City and the Consultant agree to attempt to resolve such disputes in the following manner: First, the parties agree to attempt to resolve such disputes through direct negotiations between the appropriate representatives of each party within ten (10) calendar days of being noted of the dispute. Second, if such negotiations are not fully successful, the parties agree to attempt to resolve any remaining disputes by formal nonbinding mediation conducted in accordance with rules and procedures to be agreed upon by the parties within thirty (30) calendar days after the failure to resolve the dispute by direct negotiation. All parties agree that Consultant shall be required to submit a Tort Claim in conformance with the Tort Claims Act (Government Code Section 900 et seq.) and that this Section does not alter the Tort Claims Act requirements or toll any time limitations or statute of limitations set forth in the Tort Claims Act, 28. 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. of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. 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. 31. 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. 32. 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. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. r IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPR VED AS TO FORM: C y Attorney for the City of Newport Beach ATTEST: A Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Mayor for the City of Newport Beach CONSULTANT: 0 (Corporate Officer) Title: Print Name: M (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B -- Schedule of Billing Rates 0 G.W. Driver BUILDERS SINCE 1919 January 7, 2009 Mr. Steve G. Badum City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 0 EXHIBIT A Re: City Nall Master Planned Facility Program Management Services Fee Proposal Dear Steve: 15615 Alton Parkway Suite 150 Irvine, CA 926 t 8 Fax 949.261.5167 Telephone 949.261.5100 C. W. Driver is please to submit our fee proposal to provide Program Management Services through the Concept Phase of the Newport Beach City Hall Master Planned Facility project for your consideration. We are excited about this opportunity to work with the City of Newport Beach and look forward to a very successful project. Our proposed fee of $223,660 is a Not -to -Exceed price for services through the Concept Phase of the Project as per the following: CONCEPT Pik Project / Program Management Oversight & Support 47% 105,460 Constructability Review 2% 5,560 Scheduling 2% 5,120 Estimating / Budgeting / Value Engineering 42% 93,168 BIM Manager 2% 5,280 Clerical 4% 9,072 TOTAL 100% 1 $223,660 C. W. Driver proposes to provide ful l service program management services through the Concept Design Phase including: a. Develop conceptual estimate based upon Architect's concept design b. Management of City's Architect, Boblin, Cywinski, Jackson (BCJ) c. Provide, maintain and distribute milestone preconstruction schedule d. Constructability Review e. Identify potential cost increasing elements of the project f. Provide potential value engineering suggestions a_a Los Angeles Irvine Oniario San Diego License No. 102 0 0 g. Use of BIM technology for design analysis h. Facilitate needs assessment information L Schedule and conduct internal team meetings j. Develop regular reporting methods for Owner k. Attendance to all required project meetings and committee meetings 1. Facilitate information process to designated parties Please know that we are committed to the total success of this project and look forward to work with the City of Newport Beach and the Design Teams. Project C: John Thornton, Vice President of Operations Robert Shafer, Chief Estimator William Hahn, Program Manager City Attendees at today's meeting Attachments: Exhibit B — C WD Management Rates & Reimbursabies CWD LICENSE Nn. 102 0 0 EXHIBIT B C.W. Driver C. W. DRIVER BUILDERS SINCE 1919 MANAGEMENT RATES-& REIMBURSABLES EFFEQ1vE JANUARY -JNNE -2989 ACCOUNTING 84.00 ASSISTANT ESTIMATOR 82.00 ASSISTANT PROJECT MANAGER 139.00 ASSISTANT SUPERINTENDENT 109.00 BIM MANAGER 132.00 CARPENTER 102.00 CARPENTER FOR131AN 107.00 CLERICAL 81.00 CONSTRUCTABILITY REVIEWER 139.00 ESTIMATOR/COST ENGINEER 148.00 14ELD SUPERINTENDENT 157.00 GENERAL SUPERINTENDENT 195.00 IT SUPPORT 107.00 LABORER 84.00 LABORER FOREMAN 88.00 PROJECT ENGINEER 83.00 PROJECT EXECUTIVE I CHIEF ESTIMATOR 195.00 PROJECT (PROGRAM) MANAGER 165.00 SAFETY OFFICER 104.00 SCHEDULER 128.00 SENIOR ESTIMATOR 170.00 SENIOR PROJECT ENGINEER 128.00 SENIOR PROJECT MANAGEMENT 171.00. TRUCKING / DELIVERIES 69.00 Above rates apply to sandard workweek hours. Management Rates Include all wages, worker compensation insurance costs. fringe benefits and payroll axes, office supplies and expenses, mobile phone costs, project staff computers and solware, main office overhead, and profit Resimbursei,bile Pxgmo= Reimburseable expenses will be reimbursed at race of cost plus 10X Typical reimbursement costs consist of the following: Travel and subsistence, mileage, Addirknal program Management Services not inclusive of this AgreemorsL Outside Cnnsniams, printing costs. postage and mall del" Barges, Permits and Fees, Testing and Inspectlom f *yment and Performance Bonds