HomeMy WebLinkAboutC-5391 - PSA for Construction Management Services at Marina ParkCONSTRUCTION PROJECT MANAGEMENT AGREEMENT
WITH GRIFFIN STRUCTURES, INC. FOR
MARINA PARK PROJECT
THIS AGREEMENT FOR CONSTRUCTION PROJECT M NAGEMENT
�LERVICES ( "Agreement') is made and entered into as of this day of
_, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT
BEACH, a California Municipal Corporation ( "City "), and Griffin Structures, Inc., a
California corporation ( "Consultant'), whose address is 385 Second Street, Laguna
Beach, California, 92651, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide professional construction
management services for the Marina Park Project (`Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. The principal member of Consultant for purposes of Project shall be Gary Chubb.
E. 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:
U
The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 31, 2016 unless terminated earlier as set forth herein.
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. 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 "). The City may
elect to delete certain Services within the Scope of Services at its sole discretion.
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.
3.1.1 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) days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.2 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, 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 or Progress Payments Schedule attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for all Work performed in
accordance with this Agreement, including all reimbursable items and subconsultant
fees, shall not exceed One Minion Two Hundred Twenty Two Thousand Eight
Hundred Sixty Dollars and 001100 ($1,222,860.00) 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) days after approval of the monthly invoice by City staff.
4.3 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.
Griffin Structures, Inc. Page 2
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
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 Gary Chubb 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 the City.
&. ADMINISTRATION
This Agreement will be administered by the Public Works Department. David
Webb, Public Works Director or his designee, shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project Administrator
or their designee shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 To assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
7.1.1 Provide access to, and upon request of Consultant, one (1) copy of
all existing relevant information on file at City. City will provide all such existing relevant
information in a timely manner so as not to cause delays in Consultant's Work schedule.
7.1.2 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.
Griffin Structures, Inc. Page 3
7.1.3 Provide usable life of facilities criteria and information with regards
to new facilities or facilities to be rehabilitated.
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.
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 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).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
Griffin Structures, Inc. Page 4
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.
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 Contractor 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 and /or his 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.
'rC�(. F`Iii'7T
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.
Griffin Structures, Inc. Page 5
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.
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. 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.
s • ••
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.
Griffin Structures, Inc. Page 6
17.3 All improvement and /or construction plans shall be prepared with indelible
waterproof ink or electrostaticly plotted on standard twenty -four inch (24 ") by thirty -six
inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to
City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting
( "CADD ") and Tagged Image File Format (.tits`) files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design Requirements is available from the City's Public
Works Department.
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the Work. City agrees that Consultant shall
not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CADD data; (b) the
decline of accuracy or readability of CADD data due to inappropriate storage conditions
or duration; or (c) any use by City, or anyone authorized by City, of CADD data for
additions to this Project, for the completion of this Project by others, or for any other
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CADD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CADD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a
CD, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department. The City will provide
Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written
documents shall be transmitted to City in formats compatible with Microsoft Office
and /or viewable with Adobe Acrobat.
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.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to consultant or contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement or alleged infringement of any United States' letters patent, trademark, or
copyright, including costs, contained in Consultant's Documents provided under this
Agreement.
Griffin Structures, Inc. Page 7
22. 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.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its Investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accomplished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
26.1 The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
26.2 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
Griffin Structures, Inc. Page 8
City for any and all claims for damages resulting from Consultant's violation of this
Section.
27. NOTICES
27.1 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. All notices, demands, requests or
approvals from Consultant to City shall be addressed to City at:
Attn: David Webb, Public Works Director
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PO Box 1768
Newport Beach, CA 92658
Phone: (949) 644 -3311
Fax: (949) 644 -3318
27.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Gary Chubb
Griffin Structures, Inc.
385 Second Street
Laguna Beach, CA 92651
Phone: (949) 497 -9000
Fax: (949) 497 -8883
28. 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. The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.).
29. TERMINATION
29.1 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
Griffin Structures, Inc. Page 9
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.
29.2 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.
30. STANDARD PROVISIONS
30.1 Compliance with all Laws. Consultant shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.2 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.
30.3 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.
30.4 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.
30.5 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.
30.6 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.
Griffin Structures, Inc. Page 10
30.7 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.
30.8 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.
30.9 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.
30.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
30.11 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]
Griffin Structures, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT�QR,jEY'S OFFICE
Date: ''////II II
EM
Aaron C. Harp
City Attorney
ATTEST:
Date: 3.25 • �3
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CONSULTANT: Griffin Structures, Inc., a
California corporation
Date: 13 MARCN ZOO
By:
Rog orr ero
0
Chlairrhan�Chief Executive Officer
19
Executive Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Griffin Structures, Inc. Page 12
Griffin Structures, Inc. Page A -1
Exhibit A
Scope of Services
Construction Management Scope
Construction Manager shall perform the following services for the Marina Park Project including
Buildings, Park, Marina and Related Project Components:
Preconstruction: Construction Manager shall provide preconstruction services to the City, at the City's
direction, including, but not limited to:
1. Constructability review: Review construction documents prepared by Architect and Engineers
contracted by the City for inconsistencies, lack of clarity, material interface concerns,
Constructability concerns, and coordination between design disciplines. Constructability review
shall be understood as observational comments, and not as architectural engineering and /or
design documents or direction. Code compliance or peer reviews are excluded from these
services.
2. Review cost estimates: Review construction cost estimates prepared by others, and advise and
assist the City accordingly.
3. Review schedules: Review schedules prepared by consultants, contractors, and City officials and
advise and assist the City accordingly.
4. Review & coordinate final drawings: Integral to the constructability review, CM shall review the
final drawings for coordination and clarity and advise project team accordingly. Responsibility
for authorship of documents shall remain with associated design professionals.
5. Review & coordinate final specifications:: Integral to the constructability review, CM shall
review the final specifications for coordination inconsistencies and /or omissions, and advise
project team accordingly. Responsibility for authorship of documents shall remain with
associated design professionals.
6. Value engineering study: At the direction of the City, assist project team in providing value
engineering recommendations for consideration by City and design team.
7. Communitv Outreach & Communication Services: Assist the City in developing, implementing,
and maintaining communication and outreach facilities for the neighboring community and the
City as a whole.
Prequalification and Bidding: Construction Manager shall assist the City, at the City's direction, in the
Prequalification, Bidding, and Award process, including, but not limited to:
1. Assist in oregualifying contractors: Provide assistance to the City in preparing, implementing,
and reviewing prequalification packages and their responses.
2. Pre -bid meetings and job walks: Host pre -bid meetings and job walks at City's direction.
3. Preconstruction meetings: schedule and host preconstruction meetings for each of the
respective project packages in concert with the City.
4. Assist in public bidding and award: Assist the City in the public bidding and award process in
accordance with City contract policies and procedures.
Construction Project Administration: Construction Manager shall provide construction project
administration services, at the City's direction, including, but limited to:
1. Construction administration: Conduct periodic onsite administration, observation, and
management oversight on behalf of the City including installation of marina docks.
2. Record keeping and reporting documents: Maintain and or cause to be maintained by the
responsible party, project related record keeping, reporting documents, and updated contractor
as- builts for the respective project packages and associated work therein.
3. Project construction cost phasing, and schedule: Provide oversight and regular status updates
of the overall construction cost and schedule for the respective project packages and associated
phasing of work therein.
4. Provide QA /QC for conformity with contract documents: Observe and verify contractors' work is
being completed according to plans and specifications to the extent of CM professional capacity,
in coordination with City's contracted design and engineering professionals specialized in the
specific discipline at hand.
S. Facilitate meetings: Coordinate and facilitate meetings as needed for the proper coordination of
work between the various team members, including but not limited to: contractors, engineers,
designers, AHYs, City staff, utilities, and inspectors.
6. Review & recommend for approval contractor pay requests: Review pay requests from
contractors for consistency with work completed, accuracy of associated costs, proper
documentation for lien releases, and make recommendations to City for processing payments.
7. Assist in dispute resolution: Oversee and manage necessary meetings and documentation for
the resolution of disputes between City and various entities as directed by the City.
8. RFI, submittal reviews, etc.: Oversee the process by which project related RFI's and material and
installation submittals are properly submitted and responded to in the interest of maintaining
quality assurance, schedule adherence, and overall project productivity.
9. Review change orders, perform negotiations, and make recommendations to City: Receive and
review change orders from the contractor(s) for entitlement, accuracy, and reasonable and fair
compensation. Make recommendations to the City for approval.
10. Coordinate third -party materials testing & review: Oversee the process by which third party
testing and inspections are provided by the City, coordinated with the contractors, and properly
documented.
11. LEED point management: Oversee City contracted LEED consultant and contractor for LEED
implementation and documentation.
12. FF &E: Assist the City in the procurement and coordination of installation of Furnishings, Fixtures,
and Equipment in the various facilities once completed.
Post Construction: Construction Manager shall provide project close out services in concert with the
City, including, but not limited to:
1. Post- construction services (punchlist): Manage the process by which the design team inspects
the quality of the installations, prepares a list of corrections ( punchlist), and the contractor
makes the necessary corrections in a timely and efficient manner.
2. Project completion /acceptance: Assist the City in managing the process by which the contractor
submits for and receives notice of substantial and final completion.
3. Coordinate as- builts: Arrange for and cause to be assembled, final as -built construction
documents between the contractor and the architect.
4. Deliver project warranties, training;, 0 &M's: Oversee and cause to be assembled or executed,
final project warranties, training, and O &M manuals to the city and its respective staff in
accordance with plans and specifications.
5. Final payment /project closeout: Review and assist the City in the final payment and contract
closeout procedures.
EXHIBIT B
Griffin Structures, Inc. Page B -1
NOT-TO-EXCEED F Rol' -1 S L ,
TFIE TTY OF W U BEACH FOR
MARINA PARK
Griffin Structures, Int.'s Fee Proposal is based on all reasonable
costs necessary to provide the scope of services described in our
Proposal and as - identified in the City's RFP. The Fee Proposal is
integral with the Work Proposal submitted and represents our
interpretation of the services required by tasks outlined in the City's
RFP.
For these requisite services, Griffin proposes a Nat -To- Exceed Fee
of $1,199,660.00 (One Million One Hundred and Ninety-Nine
Thousand, Eight Hundred Sixty Dollars) and reimbursable
expenses of $23,000.00 (Twenty Three Thousand Dollars).
Refer to attached matrix identifying the estimated hours and billing
rates for all team members. This shall provide for Construction
Management of the following scope packages:
Demolition of the Mobile Home Park
Utility Undergrounding
Marina Seawalls, Dredging, and Soil Remediation
Balboa Center Buildings, Restroom Buildings, and Park,
(including remaining demolition)
Installation of Docks
* Furniture, Fixture, and Equipment
All proposed hourly rates are fully burdened and include overhead,
profit, insurance, taxes, and benefits. Rates are not subject to
change during the anticipated period of services (March 2013
through February 2016). The hours identified for each individual
employee and task are estimates only and are not to be construed
as not to exceed hours for any individual task or phase. We
reserve the right to reallocate hours between staff members and
tasks in order to accomplish the overall objectives and
requirements for the project within the overall Not -to- Exceed Fee.
ADD ALTERNATE - GIRL SCOUT FACILITIES
CONSTRUCTION PHASE CM SERVICES
For these requisite services, Griffin Structures, Inc. proposes a Not -
To- Exceed Fee of $60,000.00 (Sixty Thousand Dollars). Griffin is
currently under contract directly with the Girl Scouts providing Pre -
Construction services for the planning, design, and pre -
construction related activities for the anticipated 5,000 GSF facility
that will be constructed as part of the Marina Park project.
Our Fee Proposal is based on providing continuous Construction
Management services for (36) months (March 2013 through
February of 2016). This schedule is our interpretation of Bid
Question response dated 11130112, which states, "The CM will
need to consider the scope of work and propose the appropriate
amount of time for the City to review." Griffin recognizes these
staffing assumptions may require revision in consultation Win the
City so as to provide the best value to the project.
The durations are per the City's proposed schedule as identified
within the RFP.
The following items are not included in the Fee Proposal:
1. On-site trailer rental, furniture, utilities, and sanitary facilities
for our field staff (Construction Managers and Project
Coordinators). We assume that offices will be provided as
part of the construction site trailer(s) being provided by the
City's contractor.
2, Cost for all permits required for the project. It is assumed that
the City will pay for all permitting fees, assessments,
easements, school fees, and other agency or governmental
fees or costs to support the design and construction the
project. We have not included any permit related fees within
our fee proposal.
3. Costs for City Building and Public Works inspections,
surveying, construction staking, soils compaction testing and
inspections, environmental and hazardous materials surveys,
and all remediation costs. Services to be performed by the
City or their desired outside consultant.
4. Software licenses or user fees for specific project
management software being required by either the City or
their oontractor(s).
5. Cost of bulk blueprinting for plans and specifications for use
by the contractors and subcontractors. We assume all plans
and specification reproduction costs will be paid by the City
directly.
6. Wage Compliance Program including Certified Payroll
auditing, field interviews, or reporting. It is assumed that the
City is contracting for these services directly.
7. Independent or third party testing companies such as Roofing,
Commissioning, Peer Reviews, LEED, or other specialized
third party oversight services.
S. Off-site manufacturers' fabrication Inspections
GRIFFIN STRUCTURES, INC. Professtona4 Construction Marragernssnf Services for trre Deiivery of Mladna Park I Fee Proposal
m m m
o 0 0 0
n �
oo mm
?r ry rmmme�«moo m r
wo
f feo.-r9�2�
m
»
zmo 0 0 .-..- S m �„ -- o m m m o- o m m- m o M
»
c v
_
- o 0- o- o - ---- -- o m m m m o - - - o m m m o - - - 0 0 o m
0
o u
3 w
r
z �
`0 0
_
aZ
U
-
3
k
a
a
F
3
� �
w E
7.
a
w GS S o
m U.O
;E K a c
z z&
a = m " - e
o. in y v i3
E
m oC E o- O r
_E
m -o m m _ _
m m o m m v m s w E
`
9 ¢ Q
E s c
m o _ .2 m
m m o m o m o o o � o 0o
w w U¢ T U U
Eav m m r m � � �
_-
1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1.1 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.
1.2 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.
1.3 Coverage Requirements,
1.3.1 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.
13.1.1 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.
1.3.2 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, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed 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.
1.3.3 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 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 each accident.
Griffin Structures, Inc. Page C -1
1.3.4 Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services to be performed
in connection with this Agreement, in the minimum amount of one million dollars
($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 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.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, 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.
1.4.3 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.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 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.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
Griffin Structures, Inc, Page C-2
such change. If such change results in substantial additional cost to the Consultant, the
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Agreement Provisions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
of non - compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder.
1.5.E 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.
1.5.5 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.
1.5.6 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 City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand.
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5.8 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.
Griffin Structures, Inc. Page C -3
FROM: Public Works Department
David A. Webb, Public Works Director
949 - 644 -3311, dawebba- newportbeachca.gov
PREPARED BY: Iris Lee, Senior Civil Engineer
949 - 644 -3323, ilee0newoortbeachca.go v
APPROVED:
TITLE: Approval of Professional Services Agreement with Griffin Structures,
Inc., for Construction Management Services at Marina Park
The Marina Park Project is in the final stages of design and permitting. Contract
Construction Management Services will be used to oversee and manage the contractor
and project during construction. Staff now requests City Council approval of the
professional services agreement retaining Griffin Structures, Inc; (Griffin), to provide
construction management services for the Marina Park Project.
RECOMMENDATION:
Approve a Professional Services Agreement with Griffin of Laguna Beach, California for
construction management services at a cost not to exceed $1,222,860 and authorize the
Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this project. It will be expensed
to the Marina Park project account in the Public Works Department, 7491 - 04002002.
DISCUSSION:
On November 19, 2012, City staff issued a Request for Proposals from nine qualified firms
to provide construction management services for the Marina Park Project. Proposals from
the following six firms were received:
• Barnhart-Reese Construction, Inc.
• gkkworks Construction Services (gkkworks)
• Griffin, Structures, Inc.
1 of 27
Approval of Professional Services Agreement with Griffin Structures, Inc., for Construction
Management Services at Marina Park
February 26, 2013
Page 2
* Project Dimensions, Inc,
* Traker Development
* Vanir Construction Management, Inc.
A four-person City staff selection committee independently reviewed each proposal and
ranked the proposals primarily based on the following criteria: construction management
capabilities and style; qualification and technical capabilities; previous firm and team
experience; and cost control and financial management approach.
On the basis of these criteria, three firms clearly rated above the others and were invited to
partake in an oral interview process, (gkkworks, Griffin, and Project Dimensions), The
interviews were conducted on January 15, 2013, with the intent to further understand the
individual project team member's capabilities and their firm's distinguishing characteristics.
The selected consultant will serve as an extension of staff in managing the day-to-day
project aspects, so the ability to integrate with City policies and procedures was
emphasized. While all three of these firms presented a capable team, the committee
unanimously ranked Griffin as number one, citing their well suited project team members;
in depth and through construction management plan and approach; large amount of similar
project experience work experience as both a Construction Manager and CM at Risk
Contractor, as well as their dedication to strong and extensive schedule/cost control.
Griffin has been providing municipal construction management services for 32 years, and
has completed more than 80 parks, 20 recreation and community centers. TranSystems,
Griffin's Marina Sub-consultant, is a nationally recognized firm in the harbor development
industry with over 25 marinas completed (some award-winning) in the Southern California
region. Together, their team lead by Garry Chubbs, and other key team members as
identified in Attachment B, brings an intimate knowledge of public works and the public
bidding process, local bid market knowledge, City requirements, stakeholder expectations,
and project delivery process. Griffin's proactive approach and history of delivering projects
on-time and within budget has been referenced and verified by local agencies within the
Southern California Region, including:
• City of Brea
• City of Fullerton
• City of Hesperia
• City of Irvine
• City of Orange
• City of San Dimas
• City of Tustin
After the review committee had completed the ranking of the most qualified firms, that
being: I)Griffin Structures; 2) gkkworks; 3)Project Dimensions, Inc.; staff opened and
reviewed the fee proposal of the each of the these firms and negotiated a time and
material construction management fee for the entire Marina Park project at a not-to-
exceed fee of $1,222,860. This fee is in line with the other two fee proposals and
2 of 27
Approval of Professional Services Agreement with (griffin Structures, Inc., for Construction
Management Services at Marina Park
February 26, 2 013
Page 3
industry standards at 5.8% of the estimated $21,000,000 construction cost. The
proposed construction management services scope of work includes, but is not limited
to the following:
Provide value engineering, design and constructability reviews of the bid packages.
Pre - qualify Contractors and Vendors in advance of the bidding process.
Manage the public bidding and award process.
Conduct all on -site administration, observation and management.
Continually manage project construction cost and schedule.
® Provide quality assurance and qualify control.
Hold; attend; manage and document weekly construction coordination meetings
with the contractor, design consultants, and City.
ffi Review, approve, and process progress and final payment invoices.
Manage, track, follow -up, and close -out all Requests for Information (RFIs) related
to design clarifications, material submittals, approvals, etc.
Review change orders and facilitate negotiations.
• Coordinate energy efficiency, LEES, and operation efficiency,
• Provide and arrange for specialty inspection services, coordination, and quality
control items.
• Analyze and update construction schedule and coordinate phasing plans.
• Provide post- construction services, including construction punch -list management
and completion, 90 and 360 -day fallow -up punch lists.
• Assist City staff and design team with FF &E coordination and installation.
• Manage substantial and final completion processes, and project acceptance and
close -out,
Lvivi -o
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (" CEQA") pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential
for resulting in physical change to the environment, directly or indirectly.
A Final Environmental Impact Report was prepared for the Marina Park Project and
adopted by City Council on May 11; 2010:
3 of 27
Approval of Professional Services Agreement with Griffin Structures, Inc., for Construction
Management Services at Marina Park
February 26, 2013
Page 4
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
Submitted by,
David A. Webb
Public Works Director
Attachments: A. Professional Services Agreement
B. Griffin's Key Team Members/Organization Chart
4 of 27
ATTACHMENT A
r1r3NS`i'RU TION PROJECT MANAGEMENT AGREEMENT
VUIrH GRIFFIN STRUCTURES, INC. FOR
MARINA PARK PROJECT
THIS AGREEMENT FOR CONSTRUCTION PROJECT" MANAGEMENT
SERVICES ( "Agreement ") 1s made and entered into as of this day of
—, 2013 ( "Effective Date ") by and between the CITY CJF NEWPORT
EEACH, a California Municipal Corporation ( "City ") and Griffin Structures, Inc.; a
California corporation ( "Consultant"), whose address is 385 Second Street, Laguna
Beach, California, 921151, and is made with reference to the following;
RECITALS
S
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 professional construction
management services for the Marina Park Project ("Project"),
G. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement
D, The principal member of Consultant for purposes of Project shall be Gary Chubb.
E. 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 Effective Date, and shall
terminate on August 31, 2016 unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
City and Consultant acknowledge that the above Recitals are true and correct
and are hereby incorporated by reference into this Agreement. 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 "). The City may
elect to delete certain Services within the Scope of Services at its sole discretion,
5 of 27
C. 1" Mk- OF PERFORMANCE-
3.1 /into Is of the e:sonce in the performance of Services undor this
Agreement and Consultant shall perfonn the Services its accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Set-vices 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.
3.1.1 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) days of the occurrence causing the delay to the
other party so that all delays can be addressed,
32 Consultant shall submit all requests for extensions of time for performance
In writing to the Project Administrator (as defined in Section 6 below) 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.
3.3 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances; by
fax, hand- delivery or mail.
4, COMPENSATION TO CONSiJLTANT
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 gates or Progress Payments Schedule attached hereto as Exhibit B and
incorporated herein by reference. Consultant's compensation for all Work performed in
accordance with this Agreement; including all reimbursable items and subconsultant
fees, shall not exceed One Million Two hundred Twenty Two Thousand Eight
Hundred Sixty Dollars and 001100 ($1,222,660,00) 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.
4,2 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) days after approval of the monthly Invoice by City staff,
4:3 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:
Griffin Structures; inc. Page 2
6 of 27
4A Consultant shall riot receive any compensation for Extra Woik performed
Without the prior written authorization of City. As used heroin, "Extra Work" rneams, any
Work that is dotennined by City to be necessary for the proper completion of the
Project, but which is riot 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 Siding mates as set forth in Exhibit B.
5, PROJECT MANAGE
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 Gary Chubb 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.
53 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 the City.
C ADMINISTRATION
This Agreement will be administered by the Public Works Department. David
Webb, Public Works Director or his designee, shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project Administrator
or their designee shall represent City in all matters pertaining to the Services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
7.1 To assist Consultant In the execution of Its responsibilities under this
Agreement, City agrees to, where applicable:
7.1;9 Provide access to, and upon request of Consultant, one (1) copy of
all existing relevant information on file at City. City will provide all such existing relevant
information in a timely manner so as not to cause delays In Consultant's Work schedule.
7,1.2 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; Ali other reproduction will be the
responsibility of Consultant.
Structures, Inc. Page 3
7 of 27
Y.13 Provide usable life of facilities oriterin and Information with royards
to now facilities or facililles to be rol iabilitatod,
8. STANDARD OF CARE
81 All of the Services shall be performed by Consultiant 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.
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 Ouring 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.
$4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be In default or deemed to be In default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies,
9. HOLD HARMLES$
9.1 To the fullest extent permitted bylaw, Consultant shall indemnify, defend
and hold harmless City, Its City Council, boards and commissions, officers, agents and
employees (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, clairns 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 Consultants presence or activities conducted on
the Project (including the negligent andlor willful acts, errors andlor 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 maybe liable or any or all of them).
9.2 Notwithstanding the foregoing, nothing heroin shall be construed to
require Consultant to indemnify the Indemnified Parties from any Claim arising from the
Griffin Structures, Inc. Page 4
8 of 27
Bolo negligence or Willful misconduct of the Indornnifiod Parties, Nothing in this
inder-onity shall be construed as .authorizing any award of rittoincy's fees in any action
on or to onforce the terms of this Agrooment. This Indemnity shall apply to all claims
and liability regardless of whother any insurance policies are applicable, *f ho policy
limits do not act as a limitation upon the amount of Indemnification to be provided by the
Consultant.
110. 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 Contractor 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
pollcie&
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his duty
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 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.
Griffin Structures, Inc. Page 5
9 of 27
5, PROs tir3lTlON .(MAINS'' 11SSIf,NMFNT AND'TfiANSFr - -R
Except as specif"Icnlly authorized undor this Agreement, the Sorvices 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 shalt
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 (60 %) or more of the voting power, or
twenty-five percent (26 %) 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 flay 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
17.1 Each and every report; draft, map, record, plan, document and other
writing produced (hereinafter "Docu ente), 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,
Griffin Structures, Inc, page tt
10 of 27
97.3 All improvoinent and/or construction plans shall bo prepared with Indelible,
watorpra?of ink or oloctrostaticly }dotted on standard twenty -four Inch (24 ") by thirty -six
inch (36 ") Mylar with a minimum thickness of three ( ) mils. Consultant shall provide to
City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting
( "CADD ") and Tagged Image mile Format (.tifo files of all final sheets within ninety (90)
days after finalization of the Project. For more detailed requirements, a copy of the City
of Newport Beach Standard Design requirements is available from the City's Public
Works Department
18. COMPUTER DELIVERABLES
CARD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the Work, City agrees that Consultant shall
not be liable for claims, liabilities or losses arising out of, or connected with (a) the
modification or misuse by City, or anyone authorized by City, of CARD data; (b) the
decline of accuracy or readability of CARD data due to inappropriate storage conditions
or duration; or (c) any use by City; or anyone authorized by City, of CARD data for
additions to this Project, for the completion of this Project by others, or for any ether
Project, excepting only such use as is authorized, in writing, by Consultant. By
acceptance of CARD data, City agrees to indemnify Consultant for damages and liability
resulting from the modification or misuse of such CARD data. All original drawings shall
be submitted to City in the version of AutoCAD used by the City In ;dwg file format, on a
D, and should comply with the City's digital submission requirements for improvement
plans available from the City's Public Works Department, The City will provide
Consultant with City title sheets as AutoCAD 'file(s) in .dwg file format. All written
documents shall be transmitted to City In formats compatible with Microsoft Office
and /or viewable with Adobe Acrobat.
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 expressly authorizes in writing the release of information.
20, OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents the
Consultant's judgment as a design professional and is supplied for the general guidance
of City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the accuracy
of such opinions as compared to consultant or contractor- bids or actual cost to City;
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, Its agents, officers,
representatives and employees against any and all liability, including costs; for
Infringement or alleged infringement of any United States' letters patent; trademark, or
copyright; including costs, contained In Consultant's Documents provided Gander this
Agreement.
Griffin Structures, Inc. Page 7
11 of 27
V, RECORDS
Consultant shall troop records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall inaintain complete and accurate
records with respect to [tie 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.
28. 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 doomed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
riot 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.
4. 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
home by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
5. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
26.1 The Consultant or Its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act „), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
26,2 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
{griffin Structures, Inc. Page 8
12 of 27
Gity for any and all c;iairus foi dama gos resulting from Gonatilttant's violation of this
3 .)€ ctien,
27, NOTICES
27.1 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. All notices, demands, requests or
approvals from Consultant to City shall be addressed to City at:
Attn: Gravid Webb, Public Works Director
Public Works Department
City of Newport Beach
3300 Newport Boulevard
PC Box 1763'
Newport Beach, CA 92658
Phone. (949) 644 -3311
Fax: (949) 644-.9318
27.2 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at;
Attn: Gary Chubb
Griffin Structures, Inc,
385 Second Street
I aguna $each, GA 92651
Phone: (949) 497 -96031
Fax (949) 497 -8883
28. 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. The Consultant and the City expressly agree that in addition to any claims
filing requirements set forth in the Agreement, the Consultant shall be required to file
any claim the Consultant may have against the City in strict conformance with the Tort
Claims Act (Government Code sections 900 et seq.),
29. TERMINATION
29.1 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
Griffin Structures; Inc. Page 9
13 of 27
r(,Msonably required to cure the default and the doMulting party falls to give adequato
;1"f,ulanco of (In() performance within two (2) calendar` days after rocuipt of written
notice of default, specifying the nature of such default and the steps noceqsary 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.
29.2 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 Lip 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 perfortnance of this Agreement, whether in draft or final form.
30. STANDARD PROVISIONS
30.1 CornDliance with all Laws. Consultant shall at Its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30.2 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.
30,3 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.
30.4 Conflicts or InoonsIstencles, 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.
30.5 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.
30.6 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,
Griffin Structures, Inc. Page 10
14 of 27
30,7 Soy�r�bilify. It any term or portion of this Actre<1rmr;nt is held to be invalid,
illogal, or otherwise unenfurfsrfohle by a court of competont jurisdiction, the rornainingi
provisions of this Agreement shall continue in full force and offort.
30.8 Controlling l_aw and Venue. 17he lawns 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.
30,9 Eouai O000rtun`rtvmbloyment, 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,
30.10 No Attornov's f=ees., In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
30,19 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 shill
constitute one {9} and the same instrument.
[SIGNATURES ON NEXT PAGE)
Griffin Structures, Inc. Page 11
15 of 27
IN WITNESS WilhREOF, the parties have causad this Agreement to bu
e;x€;cutc.cl on tho datos written bolow.
APPROVED AS TO FORM CITY OF NEWPORT BEACH,
CITY AT RN Y` OFFICE A California municipal corporation
Date: Date:
By: e _, By:
Aaron C, harp y- � Keith D. Curry
City Attorney Mayor
ATTEST: CONSULTANT, Griffin Structures, Inc., a
Date : — California corporation
Date:
By: Dyi
Leilani 1. Brown RogerTorriero
City Clerk Chairman /Chief Executive Officer
Date:
By:
Gary Chubb
Executive Vice President
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Exhibit C – Insurance Requirements
Griffin Structures, Inc. Page 12
16 of 27
Exhibit .
Scope € f Services
t';onstructlon Management Scope
Construction Manager shall Perform the following services for the Marina Park Project including
Buildings, Park, Marina and Related Project Components:
Proeonstructiore Construction Manager shalt provide preconstructlort services to the City, at the City's
direction, including, but not limited to
:t, fggstructahj Ity review; Review construction documents prepared by Architect and Engineers
contracted by the City for inconsistencies, tack of clarity, material Interface concerns,
constructabliity concerns, and coordination between design disciplines. Constructablitty review
shall be Understood as observational comments, and not as architectural engineering and/or
design documents or direction. Code compliance or peer reviews are excluded from these
services.
2. Review cost estimatns: Review construction cost estimates prepared by others, and advise and
assist the City accordingly,
3. R2yJqV ;t educes: Review schedules prepared by consultants, contractors, and City officials and
advise and assist the City accordingly.
4. Review & coordinate fl : Integral to the constructabiiity review, CM shall review the
final drawings for coordination and clarity and advise project team accordingly, Responsibility
for authorship of documents shall remain with associated design professionals.
1 Review & coordinate final oAfta loins: , integral to the constructability review, CM shalt
reviewthe final specifications for coordination inconsistencies and/or omissions, and advise
project team accordingly. Responsibility for authorship of documents shall remain with
associated design professionals.
6. Valyg enai Jgff1agqUdyj t At the direction of the City, assist project team In providing value
engineering recommendations for consideration by City and design team.
7, Communitv outreach gr Coonmunicatinn Services: Assist the City in developing, Implementing,'
and maintaining communication and outreach facilities for the neighboring community and the
City as a whale.
Prequailficatlon and Bidding; Construction Manager shall assist the City, at the City's direction, in the
Prequallfication, Bidding, and Award process, Including, but not limited to:
1. Ass) In nrsttualifving cea roc ors Provide assistance to the City In preparing, implementing;
and reviewing prequaliffcation packages and their responses.
2. Pre :hid meetings and tobWyaiks: Host pre-bid meetings and job walks at City's direction..
3, Preconstr coon meetin s: Schedule and host preconstruction meetings for each of the
respective project packages In concert with the City.
18 of 27
4Y ssj itt }1nt tip it 0AjpgAq . Assist the City #n the public b #ddingand award process lrs
accordance with City contract policies and procedures;
Construction Project Administration, Construction Manager shall provide construction project
administration services, at the City's direction, Including; but limited to:
1, Go.qstroctlgn &dr}illlstration: Conduct periodic onsite administration, observation, and
management oversight on behalf of the City including Installation of marina docks,'
2. Rgcord keepjbi gnd grit ortlnZ gWsnba Maintain and or cause to be maintained by the
responsible party, project related record keeping, reporting documents, and updated contractor
as-Wilts for the respective project packages and associated work therein.
31 project constrerctiar cog, pjl sing and schedule, provide oversight and regular status updates
of the overall construction cost and schedule for the respective project packages and associated
phasing of work therein.
4, proyid bserve and verify contractors' work is
being completed according to plans and specifications to the extent of CM professional capacity,
In coordination with City's contracted design and engineering professionals specialized In the
specific discipline at hand.
S. facii#t tea rncetlnax; Coordinate and facilitate meetings as needed for the proper coordination of
work between the various team members, including but not limned to; contractors, engineers,
designers, AHA, City staff, utilities, and Inspectors.
G. Review & recommend for aoorovai contractor gay roouasts, Review pay requests from
contractors for consistency with work completed, accuracy of associated costs, proper
documentation for lien releases, and make recommendations to City for processing payments.
7: ist in d sgu w rg oy Iut €an: Oversee and manage necessary meetings and documentatlon for
the resolution of disputes between city and various entities as directed by the City,
g, RFi, submittal reviews. etc,; Oversee the process by which project relater! RFrs and material and
Installation submittals are properly submitted and responded to in the interest of maintaining
quality assurance, schedule adherence, and overall project productivity,
9, Review chanize orders. er far enotlatlon% and make recommendations to One Receive and
review change orders from the contractor(s) for entitlement, accuracy, and reasonable and fair
compensation. Make recommendations to tPte City for approval.
10, Coordinate thlyd•party niaterlah testiptt &review: Oversee the process by which third party
testing and inspections are provided by the City, coordinated with the contractors, and properly
documented:
11. LEED point ma ea,, oversee City contracted tEED consuitant and contractor for LEER
Implementation and documentation.
12, a Assist the City In the procurement and coordination of Installation of Furnishings, Fixtures,
and Equipment in the various facilities once completed.
19 of 27
vmo t € oveructlonr €:tinstructlorr Manager shall provide project close out se >i vices In convect with the
city, Including, but not limited to;
x, p tt- Construction services lounehlistl: Manage the process bywhich the design team Inspects
the quality of the Installations, prepares a list of corrections (punchlist), and the contractor
makes the necessary corrections in a timely and efficient manner.
a, i °rotect csurluletlontaeCe nce: Assist the City in managing the process by which the contractor
submits for and receives notice of substantial and final Completion,
3. Sx no_ rdinate as- bunts. Arrange for and cause to be assembled, final as -built construction -
documents between the contractor and the architect,
4. Craliver nraiert vArranties; tralninrt; Q$ i_I: Oversee and cause to be assembled or executed,
finial project warranties, training, and O&M manuals to the city and Its respective staff In
accordance with plans and specifications.
5, _a r tS/pC4iggcloseout: Review and assist the Catty In the final payment and contract
closeout procedures,
20 of 27
Fee Proposal
1,401 I €1.,:f." 1 33+ It -I'ftf4, ;;Ai lu
QUALIFICATIONS AND ASSUMPTIONS
I l i l E.`f I �r° t ii Jd; 11V j'f ?{ l` f 3 ,r,( { -) r } t f
Out Foe Proposal is Rased on providing conptnuoun Constriction
I'VWAN101t PAR
'Managaorat services far (36) teiuiths (Match 7013 lhrough
febntary of 2016). This schedsde Is our ininuagafion of Bid
Griffin Structures, foes Fee Proposed Is bused on all reasonable
Onatfon respoom dated 1113011Z which states, "Tile CM writ
costs, necessary to provide the scope of services desconed in our
rued to consider Ilia scope of work and propose Ilia appropriate
Proposed and is identified In Ilia City's RFR The Fab Proposal IS
amount of 1Im0 tot Ilse City to fowled.' Griffin rec"nizo t 111000
Integral widr the Work Proposal subnnTtad ami represents one
erelong assumptions relay require revision In eansukation Will) file
Interpretation of Ilia services refoler lbytasksoutlined!,IIliaCilys
Cilysoast o, provide tile bust va lswh0 Ilia project .
RFP.
The durations are per the City's proposed schedule as Identified
For these colpthito services, Griffin pfmoses a Not- To.Esosed Fee
within the RFP. .
of $1,192690.04 f0ae; Milian Ons Hollered and NinsdyNint
Thef alfowlei Items tire out included III the Fee Proposal;
Thousand, Cfgh1 Fhtadred Sixty Dollars) and refmhursablo
expresses of $23,000,00 (Tviealy Thom Thousand Dollars).
1, f%msite trafisr rental, Incubate, tulades, and mainly facilities
Refer fns sttactsad uantr€xk#arifi `tT3 the esllluatod Isoura and
for our field staff (Cons€nroUsis Managers and project
ilia# be eel as
rates for all team ntemfmrs. This shah provide kr( Combination
pet offifeis}, tru tion site
pad of *) bi afffi
construction slip traNe {s) Dui u} proYfde?t by du
provided
Management of f[se rosYuaiit� scope packages;
ntr
C1ys conUactor,
vemoldroa of tile Mobile Home Park
? Cost for all Permit$ required for tine project; h s assn noel That
t Ohtyt}ndorgrotipf(ng
the City will pap for ail pemitlsurp fees, assessments,
Marina Seawalls, Dredging, mid Soil Remodiaffoir
easenle its, school hoes, slid other agency or governmental
fees or costs to support Ilia design and construction the
Balboa Center Buildings, Resnamis Buildings, and Park,
project. We have rot included any permit redated fees within
(including femabnlreg demoll0on)
our tae pl aposaL
Installation of Docks
3. Costs for City Building and Public Works inspections,
surveying, eonslntetfeo . sioklog, solos compaction testing and
Factories, Fliduem and Equipment
Inspections, environmental and hazardous Motorola surveys,
All proposed loosely fakes are fully burdaned and Include overhead,
mid all remediatfoo oasts. Services to he performed by the
profit, Insurance, loxes, and bertoiits, Rates we Pot subject to
city orougirdosired outside consu ftanf.
change during the amiclpated period if sorvrces (March 2013
4. Softwam licenses or user fees for spedfk project
through February 2916). The hours Idasddded for each Individual
management software being required by either the City at
employee and task are estimates only and are not to he most ued
f}ieffssudmak r($),
es not to exceed hours for any individual task or phase. We
reserve the eight to reallocate hours between staff members and !.
5. Cost of balk bluelukifing for pans and specifications for use
Iaaks In order to accomplish Ilia overall objectives and
by Ilia coiihaoh us"! eadm n radios. We sessions all plans
requirements for Ilia project within 1110 overall Not4ii- Exceed foe,
and specification reproduction costs will based by Ilia City
sa
ADD ALTERNATE - GIRL SCOUT FACILITIES
G Wage compliance Program Including s eel Payroll
CONSTRUCTiON PWASE GM SERVICES
nudging, itl+l nerviewss, or re poiung, it is assumed that. the
For these requfsif s services, Giffin Structures, lom proposes a Sol--
City Is coriuming for these services dheolly.
To- Excood Fan of $60, 000.00 (Sixty Thousand Dollars), Griffin is
1, Indopendontor glint prod, tasting companies such as Randall,
currently under contract directly viii) in Old $cents providing Pre•
ComnOsslaning, Poor Reviews, t,EED, or other speolalixed
Construction services for the phishag, design, and pro.
Riled party oversight services.
construction totaled activities for the anticipated 5,406 GSF facility
hiatw ill be constructed as part of Ilia Marina Park projea
a. off's6a fnanUlaottifnrs` lacerations inspections.
GRIFFIN STRUCTURES, INC. Fio"i,sfenai goo tmoon hteaaOenNiii fnn*rs +h,IlmIoelivoty of fiaffro tut. 11'ce PmIlDug
22 of 27
„3ei`.
Y G
.`''v. taEi3:t,t'f;r a'vs� -r. rr ke, tt>~sz arts Uvtr+
(g} a
J
A
ti fl,
Enui,f,It3- ad, @nta� pti,.t`k I LBO€ $ AE.hk.
x
23 of 27
1. INSURANCE REQUIREMENTS -- PROFESSIONAL SERVICES
11 Provislon or 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.
12 Acceptable l ens. 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.
1.3 Coverade Re ulrements.
3.3.1 Workers' Compensation insurance. Consultant shall maintain
Workers' Compensation Insurance, statutory limits, and Employers 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,
1;31A 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:
1.9.2 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, two million dollars
($2,000,000) general aggregate. The policy shall cover liability arising from premises,
operations, products - completed 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,
1.3;3 Automobile L €ability € nsurance. 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 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 ($1,000,004) combined single limit each accident.
Griffin Structures, Inc, Page; C -1
24 of 27
1.3.4 Professional Liability Eners_& Omisslotic Insurance. Consultant
shall maintain professional liability insurance that covers the Services: to be performed
in connection with this Agreement, in the minimum amount of one million dollars
($1 ,000,000) per claim and in the aggregate. Any policy Inception date, continuity date,
ar retroactive date must be before the effective date of this agreement and Consultant
agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
1.4.1 Waiver of Subrogatlon. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
Oily, 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.
1:4.2 Additional Insured Status; All liability policies Including general
liability, excess liability;_ pollution liability, and automobile liability, 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.
1.4:3 Primary and Non Contributorv. All liability coverage shall apply on
a primary basis and shall not require contribution from any Insurance or self- insurance
maintained by City.
1,4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage,
1.5 Additional Agreements Between the Parties, The parties hereby agree to
the following;
1. i.1 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 prier 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.
1.5.2 City's Right to Revise Requirements, The City reserves the right at
any time during the term of the Agreement to change the amounts and types of
insurance required by giving the Consultant sixty (60) days advance written notice of
Griffin Structures, Inc. Page t -2
25 Of 27
such chango. If such change results in substantial rdditional co€;t to the tonsultant, life
City and Consultant may renegotiate Consultant's compensation.
1.5.3 Enforcement of Aft eemenf Proylsions. Consultant acknowledges
and agrees that any actual or alleged failure on the part of the City to inform Consultant
of non - compliance with any requirement imposes no additional obligations on the City
nor does it waive any rights hereunder:
1.5.4 Requirs€nents not t imitinq, 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.
1.5.5 elf- insured Retentions, Any self - insured retentions must be
declared to and approved by Clty. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by deductible. Self-insurance will not be
considered to comply with these requirements unless approved by City. I
1.5.6 _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 City's sole option, be
deducted from amounts payable to Consultant or reimbursed by Consultant upon
demand:
1.5.7 Timely Notice of Claims. Consultant shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies.
1.5:8 Consultant's In 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.
Griffin Structures, Inc. Page Cq3
26 of 27
enhAnCnrnENri, 116W rworhodfon, "Aaroholder and public
ev live nenf, perrnitgng, funding, and the negea,,lty to adhom to a
wat rdrr dulo and budget. `fheir depth of experence allows Yaam
4) deva;lop accurate cost and salreduto octmatee and prepare
effective improverrant programs. As wail, they have developed a
reputation for the successful delivery of quality mojeots --on time
and within budget; --and are known for establishing proiasslam!
relationships that endure,
Their knowledgeable staff brings a thorough comprehension of
parks and recreation facillios as well as the harsh marine
onviroament, Its constraints, and the local, state and federal
regulatory requirements that impact projects such as the Newport
Beach Marina Park project. TranSystems has worked extensively
Witt) the State Lands Commmission, California Coastal Commission,
U.S, Army Corps of Engineers, California Depnriment of Boating
and Waterways, California Department of Fish and Game,
California Regional Water Quality Control Board and other
agencies to fadiltate the regulatory process for marine projects In
California. Moreover, this adeptness and ease in lending projects
fhrotagh the maze of permitting requirements will benefit to the city
of Newport Beach and the Marine Park project,
The Team we propose for the Newport Reach Marina Park has
the right combination of hands -on experience; local
anderstandm% and technical competence. Out Team of
profeastonats brings a full understanding of the City's scope of
ATTACi MENF B
croak minedaily with our Manor ,pedalists acrd our depth of flack
sxriarlanCO, twinging tire (,'try of Newport €?each file hest staff
avarlamir.
Serving as the Consuuotr Management firm, ciriffin will be
responsible for lire overall comprehensive construction
management and project oversight sorvicas involving, but not
s €rated to, managing and controlling schedules and cost during all
phasett of the project constructlon. Griffin A oversee all six
submittal packages; though WIN directly manage submittal
packages (1) demolition of the mobile home park; (II) utility
underground€ng; (iv) Balboa Center buildings, restrown buildings
and park, (including remaining demolition of the frontage park and
buildings); and (vi) Furniture, Fixture and Equipment (FF &F).
Griffin's Team member TranSystems will manage submittal
packages (1111) Marine Seawalls, Dredging, and Sell Romediation
and (v) installation of docks.
The organizational chart, depleted on this page delineates the
Team's structure, as well as communication and reporting
relationships between the Grlfrin- Lyon Team members and the
City, Each team member has a proven record in the execution of
slmlka projects arid Is committed to deliver the project on budget
and on schedule,
Resumes for the key Team members shown on the organization
chart that Includes their qualifications are presented in the
"Expedenoe "sedleim
Ph y�
lkrrr6f �.e jr lA 'em"
GRIFFIN STRUCTURES, INC.
professaCrceirurlonkiana #ancrfSevicesk holefveycfRSzaaiaikj , r
27 of 27
I
0
�
�
�
�
�
�
:
�
�
I
k
I
:
x
�
�
�
�
N m
#
#
AID
�
0
�
11
�
�
�
�
11
ON
w
R
•
w
,,
w
CL
!
!
u
Ln
w
•
•-
•.
,:..
#.:..
'.
!'
e
R
•
in
#
w;
w ,
w
•'
w
t
r
CL
u
•,
•".
e
to
Ln
'
C
�
il�
tr
•::
•
u
in
u
Ln
'
C
4A
_u
u
Ln
Ln
/.
/
4
.;
o
/
0
CO
®
4
`
«
Ln
�
�
L
\
Ln
�
CL
\
C
/
/
�
.
.�
2
\
.
_
w
_
®
y
#
_
0
cu
#
«
«
0
0
0
CD
SELECTION PANEL
7",at Thomas Iris Lee
CRITERIA
More than 25 California Marinas Completed
L a • Southern (,
Reference Checks done by City staff
® City of Brea ® City of Santa Ana
® City of Irvine
® City of Hesperia
® City of Fullerton
0 City of - Forest
® City of Tustin
Good Standinq with CA Contractor'
Licensinq Board
Serve as Extension of Staff to Manage Construction of Marina Park Project
• Provide Pre - Construction Value Engineering (VE), Constructability Reviews & Coordination
• Pre-Qualify Contractors in Advance of the Bidding Process.
• Manage the Public Bidding and Award Process.
• Conduct On-Site Administration, Observation and Management.
• Continually Manage Project Construction Cost and Control.
• Continually Manage, Analyze and Update Construction Schedule and Coordinate Phasing
am
• r .11- t• -- • • •• • • - •
Contractor, Design Consultants, and City.
Review, Approve, and Process Progress and Final Payment Invoices.
Manage, Track, Follow-Up, Closeout all Requests for • • •! •
Submittals..
MIMI
Coordinate Energy Efficiency, LEED, and Operation Efficiency.
Provide & Arrange for Specialty Inspection Services, Testing, & Quality Contrils
Items.
Provide Post-Construction S- - s, including Construction
Management & Completion, 90 and 360-day follow-up Punch Lists.
G•: i•
• . - . - .
liffuliff "I,
• • ■. •- • -. ••1 ••1;
• • -
* Representatives and proposed Team Members from both Griffin
Structures and TranSystems are also available tonight for questions.