HomeMy WebLinkAboutC-4527(P) - PSA for Civic Center Relocation Services (Newport Beach Civic Center)J PROFESSIONAL SERVICES AGREEMENT
WITH BEKINS MOVING SOLUTIONS, INC. FOR
CIVIC CENTER RELOCATION SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is made and
entered into as of this 3rd day of April, 2013 ( "Effective Date "), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City"), and Bekins Moving Solutions, Inc., a Nevada Corporation ( "Consultant "), whose
address is 6300 Valley View Street, Buena Park, CA 90620, and is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide relocation services from City Hall,
located at 3300 Civic Center Drive, Newport Beach, to 100 Civic Center Drive,
Newport Beach, CA ( "Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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:
The term of this Agreement shall commence on the Effective Date, and shalt
terminate on June 30, 2013 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work "). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Consultant shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Consultant to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 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 within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference,
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Fifty Eight
Thousand Seven Hundred Ten Dollars ($58,710.00), 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.
4.2 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) calendar days after approval of the monthly invoice by City staff.
43 City shall reimburse Consultant only for those costs or expenses
specifically identified in Exhibit B to this Agreement or specifically approved in writing in
advance by City.
4.4 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
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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
5.1 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 Doug Piersant 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.
5.2 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.
5.3 If Consultant is performing inspection services for City, the Project
Manager and any other assigned staff shall be equipped with a cellular phone to
communicate with City staff. The Project Manager's cellular phone number shall be
provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Finance and Administrative Manager or designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to 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.
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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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
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8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and 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.
8.4 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, 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.
9. HOLD HARMLESS
9.1 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,
attorneys' 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, reckless, 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).
9.2 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 attorneys' 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
Consultant.
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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. No
civil service status or other right of employment shall accrue to Consultant or its
employees. 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 of the Work or to exercise a measure of
control over Consultant shall mean only that Consultant shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
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
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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 co- tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50 %) or more of the voting
power or twenty -five percent (25 %) or more of the assets of the corporation, partnership
or joint-venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any 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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and 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
17.1 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.
17.2 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.
17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
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18. 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 expressly authorizes in writing the release of information.
19, INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including
costs, contained in Consultant's Documents provided under this Agreement.
20, RECORDS
Consultant shall keep records and invoices in connection with the Services 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.
21. 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 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.
22, 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 Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 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.
25, NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: Public Works Finance and Administrative Manager
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Chris Fultz
Bekins Moving Solutions, Inc.
6300 Valley View Street
Buena Park, CA 90620
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26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement, if such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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.
26, STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 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.
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28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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, State of California.
28.10 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, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTO N Y'S OFFICE a California municipal corporation
Date: 3 ( Date:
By: By:
AWoKG-14arb Dave Webb
City Attorney Public Works Director
ATTEST: CONSULTANT: Bekins Moving Solutions,
Date: Inc., a Nevada Corporation
Date:
By: By: O L
beilani I. Brown Chris'
City Clerk Vice Pre sid of 2
Dater J
By:
Steve P aneschi
Chief Financial Officer
[END OF SIGNATURES)
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTOREY'S OFFICE
Date: q 13'713
!-9
Aaron E-Kar�
City Attorney
ATTEST:
Date: �•g'13
By: dlv�
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dave Webb
Public Works Director
CONSULTANT: Bekins Moving Solutions,
Inc., a Nevada Corporation
Date:
By:
Chris Fultz
Vice President
Date:
0
Steve Pisaneschi
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
Bekins Moving Solutions, Inc. Page A -1
EXHIBIT A —SCOPE OF SERVICES
1. SCOPE OF SERVICES: CITY RESPONSIBILITIES /PROVISIONS
1.1 City shall provide means of entry (e.g. attendant, keys, alarm codes, etc.) for
Contractor Team Members to access all buildings and facilities covered in this
scope of services. For those areas with sensitive content such as Human
Resources, Office of the City Attorney and City Clerk, City staff shall work
with contractors on moving the confidential material.
1.2 City shall instruct City of Newport Beach staff to pack their own work areas in
Contractor provided boxes, unless otherwise noted. Printers, network
equipment and high density file system will be prepared and relocated by the
relocation contractor and /or subcontractor.
2. SCOPE OF SERVICES: GENERAL SCOPE AND REQUIREMENTS
2.1 The Contractor shall supply relocation services of 1) content and 2)
technology (in -house or sub - contracted), for the City of Newport Beach to
move from the current City Hall to the new City Hall.
ORIGIN: Current City Hall
3300 Newport Boulevard, Newport Beach, CA 92663
DESTINATION: Civic Center
100 Civic Center Drive, Newport Beach, CA 92660
(North of 1000 Avocado Avenue, Newport Beach, CA 92660)
The relocation is tentatively scheduled for April 4, 2013 through April 10,
2013. The majority of this project will require after hours move events
between the hours of 10PM and 6AM and on the weekend.
2.2 The Contractor shall designate a single point of contact such as Account
Manager that can be contacted by the City for issues regarding this project.
2.3 The Contractor shall maintain a local (southern California) office with a
competent company representative who can be reached during normal
working hours (Monday through Friday, 8 :00 a.m. to 5:00 p.m.), and is
authorized to discuss matters pertaining to this contract with the City's
Project Manager or his /her designee. An answering service shall not fulfill
this requirement.
2.4 The Contractor shall have a fleet of trucks and employees located within 100
mile radius of the current Newport Beach City Hall site to ensure prompt
response to the City's requirements under this contract.
EXHIBIT A —SCOPE OF SERVICES
2.5 Upon request, the Contractor may be asked to provide the following basic
information for each staff member and any supervisors associated with the
move after the contract has been awarded: Name, Address, Phone Number,
Birth Date, Social Security Card, and Driver's License.
2.6 The Contractor shall clarify types of on -site communication they will use
during the move.
2.7 The Contractor must be available to attend up to six (6) planning and
instruction meetings to include "packing and labeling" sessions and move
strategy meetings.
2.8 The Contractor representative and the City project manager shall walk all
buildings involved in the relocation project and note any damage prior to the
move.
2.9 The Contractor shall develop and implement a custom identification and
move destination labeling system.
2.10 The Contractor shall provide relocation labels for all destinations to include
the following:
• Basement
• 1st Floor (Bays A, B, C, D, E)
• 2 "d. Floor (Bays A, B, C, D, E)
2.11 The Contractor shall be responsible for labeling destination site and
preparing a move destination map in coordination with City staff.
2.12 The Contractor representative and the City project manager shall walk all of
the origin and destination locations and compile a punch list noting any
damage which may have occurred during the move and any designated items
that may have been forgotten. All punch list items must be completed as
quickly as possible.
2.13 The Contractor shall create a punch -list of all known issues that remain
unresolved at the close of the move to be addressed during the post -move
period.
3, SCOPE OF SERVICES: CONTENT MOVE REQUIREMENTS
3.1 The Content Contractor shall be responsible for moving the following items:
• General office content for up to 240 work areas.
• Large 4" x 6" metal cabinets.
EXHIBITA —SCOPE OF SERVICES
• Paper content.
• Personal content.
• Miscellaneous supplies.
• Wall hung televisions (Removal from origin wall and reinstallation in
the new facility may be required).
• Large copiers
• Desktop scanners, printers, computers, shredders, and fax machines.
• The contents of large high density file systems including a small
amount of designated file cabinets.
• Ladders, hand trucks, pallet jacks, vehicle movers, pallet lifts, shelving
racks, trash bins recycle bins etc.
3.2 The Contractor shall provide all equipment and materials to complete the
relocation project except the packaging material necessary to move
technology which shall be provided by the Technology Contractor.
3.3 The Contractor shall protect the flooring and walls in the path of travel by
installing Masonite (or approved equal) and protective corner guards where
needed at the destination site.
3.4 The Contractor shall provide all tools, labor and equipment necessary to
relocate existing building content and office equipment to pre- designated
locations at the destination facility. This shall include but not be limited to
forklifts, lift equipment, transport vehicles, pallet jacks, Masonite sheets,
corner guards etc.
3.5 The Contractor shall protect the floor and walls of each elevator with hanging
pads and Masonite (or approved equal).
3.6 The Contractor shall not borrow and use City's ladders, hand trucks, pallet
jacks, pallet lifts, or vacuum cleaners.
3.7 The Content Contractor shall provide the proper quantity of moving boxes in
a size not to exceed 18 "x 14" x 14 ". These boxes shall require no tape and
include auto locking bottom, tuck sealing top, with a minimum of a 351b
weight capacity for employee packing of items to be stored.
3.8 The Content Contractor shall provide the proper quantity of TYGA Bins (or
approved equal) with insertable rails for file cabinet contents. These bins will
be picked up one week after relocation.
3.9 The Content Contractor shall prepare storage cabinets as necessary for the
move by securing doors with bands or non - residue tape for easy removal.
EXHIBIT A— SCOPE OF SERVICES
3.10 The Content Contractor shall move vertical file cabinets loaded. All drawers
on lateral file cabinets will be emptied with the exception of the bottom two
drawers.
3.11 The Content Contractor shall protect all furniture and equipment which is
relocating or designated for intermediate storage from moisture, heat and
dust as appropriate.
112 The Content Contractor will be responsible for moving content and
technology. The technology will be packaged and prepared before the
Content Contractor removes the technology.
3.13 The Content Contractor shall be responsible for communication to Newport
Beach employees on the move to the new Civic Center. Communication will
include updates on status of move, packing tips, and a Town Hall meeting
before the move to discuss preparation and expectations.
314 The Content Contractor shall contract with in -house or outside Technology
Contractor (disconnect /reconnect vendor) to prepare IT desktop equipment
for moving, as needed. The Content Contractor shall be the Prime Contractor
and be responsible for the Technology Contractor.
3.15 The Content Contractor will be responsible for final cleanup of move which
will include vacuuming the origin and destination spaces, wiping down all
surfaces and trash removal.
3.16 The Content Contractor shall be responsible for hauling all trash off -site.
3.17 The Content Contractor shall provide a four to eight (4 - 8)- person post move
follow -up crew with a truck and move equipment for a minimum of two -days
to ensure all contents have been relocated to the correct final destination
after each phase. The post move follow -up crew will begin within the first 3
days after City Hall employees arrive at the new City Hall. The date will be
determined after the project has been awarded.
3.18 The Content Contractor shall provide line item cost for a two -day post -move
for relocation follow -up to include four to eight (4 - 8) relocation personnel,
one (1) truck and mover equipment.
4. SCOPE OF SERVICES: INFORMATION TECHNOLOGY (I.T.) MOVE REQUIREMENTS
Pursuant to Section 16 of the Agreement, innervision Technologies, Inc. is the
designated subcontractor for Information Technology Relocation.
EXHIBITA — SCOPE OF SERVICES
The Technology Contractor shall be responsible for all aspects of the technology
relocation. This shall include, disconnect, cleaning, and reconnect for the following
items:
Personal Computers 1 245
Printers /Fax Machines 125
Additional Printers to Disconnect Only 130
Dual Monitors 1 30
Telephones 1230
Un -mount Monitors from Existing Monitor Arms 1 12
Un -mount Monitors from Stands
263
Re -Mount Monitors Onto New Arms 1 275
Data Center /Servers
4.1 Desktop Relocation Services
4.1.1 Disconnection Services:
35
4.1.1.1 Each desktop will be powered off. All cables, keyboard,
mouse, power- cords, and surge protectors, will be
removed and placed in bags; we will attach a label per the
label scheme; we ask the customer to provide the written
label based on the instructions provided by the
transportation company for labeling the computers.
4.1.1.2 Each Printer /Fax Machine will be powered off and all
cables and power cords placed in bags; we will attach a
label per the label scheme.
4.1.1.3 Each Telephone will be unplugged, the cord wrapped
around the telephone and placed in a bag; attach label per
label scheme.
4.1.1.4 Contractor will use a 3 -part inventory form to record the
inventory at each workstation. A copy of this form is
EXHIBIT A —SCOPE OF SERVICES
inserted into the bag. Contractor collects the copies in
order to verify the inventory at the new site.
4.1.2 Cleaning /Blowout Services:
4.1.2.1 Use canned air to blowout Keyboards and open up CPU's
to blowout internal in CPU /PC at origin.
4.1.3 Reconnection Services:
4.1.3.1 Contractor shall place all I.T. equipment in the designated
areas per the City- designed floor plan.
4.1.3.2 Each desktop will be unpackaged and set -up at the designated
location and the keyboard, mouse, power - cords, surge protectors,
and network cable will be reinstalled. We will power up each
system and conduct a simple ping test to verify connectivity. City
will provide the temporary or "test" login.
4.1.3.3 Each Desktop will have the cables dressed using two strips of
Velcro. The cables will be secured at the point of connection to
the CPU and at a point below the work surface.
4.1.3.4 Each Printer /Fax Machine will be unpacked and set -up at the
printer locations, all power cords and cables will be reinstalled.
We will power up and conduct a self -test.
4.1.3.5 Each Telephone will be unpacked and placed on the desk. The
telephone cord will be plugged in and the telephone will be
checked for dial tone.
4.1.3.6 Contractor shall verify that the inventory form that was
completed during the disconnection phase is what was
connected.
4.1.3.7 Contractor shall create a punch -list of all known issues that
remain unresolved at the close of the reconnection phase.
4.13.8 Contractor shall wipe -Down Computer, Monitor, and Phone at the
new location with authorized cleaning material.
4.2 Server Room Relocation Services
Contractor shall:
4.2.1 Label one end of each Network Cable (based on a connectivity
diagram provided).. This task may be accomplished 1 -2 days prior
to the relocation project or the day of the move.
422 Disconnect KVM, Network, and Power connections
EXHIBIT A —SCOPE OF SERVICES
4.2.3 Un -rack all components and place on carts.
4.2.4 Shrink -wrap all components on carts. Label each cart with the
contents.
4.2.5 Load components on the truck; a FILO sequence will be used to
ensure that the components that require racking first are
removed from the truck and staged accordingly. Details of this
sequence will be discussed and planned with the City.
4.2.6 Unpack all components and stage for re- racking.
4.2.7 Rack components according to City specifications and locations.
4.2.8 Reconnect KVM, Network, and Power connections.
I:*/C11 :1kIII
SCHEDULE OF BILLING RATES
Bekins Moving Solutions, Inc, Page B -1
EXHIBIT B — SCHEDULE OF BILLING RATES
HOURLY RATES
Driver and Truck
$52.00
Supervisor
$30.00
Crewman
_
$26.00
CONTENT RELOCATION PRICING
Four (4) trucks and drivers, Two (2)
Supervisors, Twenty -Five (25) Crewmen for
Forty (40) Hours:
$36,720.00
Post Move Tune -Up: One (1) truck and
driver, One (1) Supervisor, Six (6) movers:
$1928.00
1,100 E- crates @ $ 1.00 Per Unit Per Week
Rental Rate:
$1,100.00
1,500 011 Boxes @ $ 1.25 Per Unit:
$1,875.00
8 Packs of Labels
No Charge
Stretch and Bubble Wrap as Required
$300.00
250 Anti- Static Bags, @ $ 1.00 per unit
$250.00
250 Monitor Covers
No Charge
Delivery and Distribution of Materials
$250.00
CONTENT MOVE NOT TO EXCEED TOTAL
$42,423.00
I.T. RELOCATION PRICING
Desktop Disconnection /Reconnection
$8270.00
Services; Including Velcro and Cable
Management Services
Core /Network Relocation Services;
$3900.00
(includes labels) Label one end NW cables,
Disconnect, Un -rack, Re -rack, Reconnect
After Move Support Services —4
_
$864.00
Technicians 4 Hours Each; 1 day
Install 275 Monitors onto New Arms;
$1415.00
Includes un- mounting from existing stands
and Re -mount onto new monitor arms
Clean -PCs (Blow -out CPU, Keyboard; Wipe
$1,838.00
down monitor, phone, CPU)
IT MOVE NOT TO EXCEED TOTAL
_
$16,287.00
TOTAL MOVE NOT TO EXCEED TOTAL $58,710.00
(`Includes contingencies for overages)
WITI13up
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, one million dollars ($1,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with
no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Bekins Moving Solutions, Inc. Page C -1
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 each accident.
4. Insurance Requirements. The policies are to contain, or be endorsed to contain,
the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewai of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
Bekins Moving Solutions, Inc. Page C -2
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
E. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non- Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at Citys sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
H. Consultant's 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.
Bekins Moving Solutions, Inc. Page C -3