HomeMy WebLinkAbout08 - Approval of PSA for Library Lecture Hall Construction Management (Project No. 19F11)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
September 27, 2022
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Peter Tauscher, Senior Civil Engineer,
ptauscher@newportbeachca.gov
PHONE: 949-644-3316
TITLE: Approval of Professional Services Agreement with Griffin Structures
for Library Lecture Hall Construction Management (Project
No. 19F11)
ABSTRACT:
The Public Works Department solicited proposals from qualified firms for the
construction management of the Library Lecture Hall project. Twelve firms submitted
proposals. After a review of the proposals, Griffin Structures (Griffin) was determined to
be the most qualified to provide the requested construction management services for
the Library Lecture Hall project.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly; and
b) Approve a Professional Services Agreement (PSA) with Griffin Structures for the
Library Lecture Hall construction management contract for a not -to -exceed amount
of $680,000, and authorize the Mayor and City Clerk to execute the agreement.
DISCUSSION:
On November 30, 2021, staff made a presentation to the City Council regarding the
Library Lecture Hall concept plan, budget and schedule. Council approved the concept
design and budget and directed staff to proceed with the construction documents and
obtain bids for construction. One of the items in the budget was for hiring a construction
management firm. Generally, it is preferred to award the construction management
contract prior to soliciting for bids so the bidding documents can be reviewed for
constructability and budget accountability. The construction management firm will team
with City of Newport Beach (City) staff and the design consultant in preparing the
project for bidding. Following the bidding process, the construction manager will
continue assisting the City with management and oversight of construction and
post -construction activities.
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Approval of Professional Services Agreement with Griffin Structures for
Library Lecture Hall Construction Management (Project No. 19F11)
September 27, 2022
Page 2
The project is scheduled for construction bid solicitation in late fall 2022 and to return to
the Council for contract award in early 2023. Following award, construction will begin
and is expected to have a duration of approximately 15 months.
A Request for Proposals (RFP) was originally issued to provide construction
management services for Fire Station No. 2 and the Library Lecture Hall. A total of
12 proposals were received. The proposals were evaluated by staff and seven of these
proposals earned a minimum of 70 percent of the technical score. Three consultants
ranked noticeably higher than the other firms and were separated by less than one
percent. Erickson -Hall was awarded the Fire Station No. 2 construction management
contract. Of the other two top -rated firms from the RFP process, a review of the Griffin
Structures proposal determined it would be the best -suited construction management
firm for the Library Lecture Hall project. The resulting scoring is as follows:
PROPOSER
TOTAL SCORE
Out of 300
OVERALL RANK
Erickson -Hall Construction
267
1
Griffin Structures, Inc.
266
2
TELACU Construction Management
264
3
Cumming Corporation
242
4
Kitchell
241
5
Safework, Inc.
236
6
Wildan Engineering
227
7
Griffin will serve as an extension of staff in managing the day-to-day project aspects,
therefore the ability to integrate with City policies and procedures was emphasized.
While several of these firms presented a capable team, staff feels Griffin is superior,
citing its well -suited project team members; in-depth and thorough construction
management plan and approach; experience with a large number of similar, high -end
projects; work experience as a construction manager; as well as the firm's dedication to
strong and extensive schedule/cost control.
In addition, Griffin has successfully delivered similar construction projects for other local
agencies including Palos Verdes, Santa Clarita and Rancho Cucamonga. The firm also
has experience working for the City, successfully serving as the construction manager
and completing the multi -phase Marina Park project on time and on budget. Therefore,
staff recommends approving a PSA with Griffin Structures as the construction manager
for the Library Lecture Hall project for a total amount not -to -exceed $680,000.
The negotiated fee is about 5.5 percent of the estimated construction budget, which is in
line with the industry standard for a project of this scale.
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Approval of Professional Services Agreement with Griffin Structures for
Library Lecture Hall Construction Management (Project No. 19F11)
September 27, 2022
Page 3
The proposed construction management services scope of work includes, but is not
limited to the following:
• Provide design and constructability reviews of the bid packages
• Assist with public bidding, including pre -qualification of bidders and award
process
• Conduct all on -site administration, observation and management
• Continually manage project construction cost and schedule
• Provide quality assurance and quality control
• Administer and document weekly construction coordination meetings with the
contractor, design consultants, and City
• Review payment invoices, change orders and facilitate negotiations
• Manage, track, follow-up, and close-out all Requests for Information (RFIs)
related to design clarifications, material submittals, approvals, etc.
• Analyze and update construction schedule and coordinate phasing plans
• Provide post -construction services, including construction punch -list
management and completion
• Oversee substantial and final completion processes, and project acceptance and
close-out
FISCAL IMPACT:
The adopted budget includes sufficient funding for this service. It will be expensed to
Account No. 16601-980000-19F11 (American Rescue Plan Act (ARPA)) for the Library
Lecture Hall project. The not -to -exceed fee is $680,000, which is approximately 5.5
percent of the construction budget. For projects of this magnitude, 5 to 6 percent
construction management costs are reasonable, and in this case the City has included
scope for the construction manager to assist in constructability review and bidding.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Location Map
Attachment B — Professional Services Agreement
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ATTACHMENT A
LEGEND
= PROPOSED LECTI
)EL MAR
ZA
CITY OF NEWPORT BEACH
CENTRAL LIBRARY LECTURE HALL
LOCATION MAP
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C-7444-2
8-4
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
WITH GRIFFIN STRUCTURES, INC. FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE CENTRAL LIBRARY
LECTURE HALL
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 27th day of September, 2022 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and GRIFFIN STRUCTURES, INC., a California corporation ("Consultant"),
whose address is 1 Technology Drive, Suite 1829, Irvine, California 92618, and is made
with reference to the following:
:ix4411IFAI&I
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 construction management services
for the Central Library Lecture Hall ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows-
1 . TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on October 1, 2025, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
1,
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Six Hundred Eighty
Thousand Dollars and 00/100 ($680,000.00), without prior written authorization from
City. No billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
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.
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
Griffin Structures, Inc. Page 2 8-6
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 Jon Hughes to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Director of Public
Works or designee shall be the Project Administrator and shall have the authority to act
for City under this Agreement. The Project Administrator shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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
Griffin Structures, Inc. Page 3
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requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized professional standards.
8.2 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.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
Griffin Structures, Inc. Page 4 8.8
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
Griffin Structures, Inc. Page 5 8.9
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (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. Additionally, all material posted in cyberspace 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, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. 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
Griffin Structures, Inc. Page 6 8.10
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.
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. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
21. 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.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
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Consultant. Nothing in this Section is intended to limit City's rights under the law or any
other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
sea., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Consultant
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Consultant shall
indemnify and hold harmless City for any and all claims for damages resulting from
Consultant's violation of this Section.
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26.1 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.
26.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at-
Attn: Director of Public Works
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Jon Hughes
Griffin Structures, Inc.
1 Technology Drive, Suite 1-829
Irvine, CA 92618
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27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Consultant shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Consultant's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Consultant in writing as unsettled at the time of its final request
for payment. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27.2 To the extent that Consultant's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Consultant to file a claim in strict conformance with the
Government Claims Act. To the extent that Contractor/Consultant's claim is not a "Claim"
as defined in Public Contract Code section 9204 or any successor statute thereto,
Consultant shall be required to file such claim with the City in strict conformance with the
Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 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.
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29. PREVAILING WAGES
29.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Consultant and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Consultant is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Consultant or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
29.2 Unless otherwise exempt by law, Consultant warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Consultant further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
30. STANDARD PROVISIONS
30.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
30.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
Griffin Structures, Inc. Page 10
8-14
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
30.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Griffin Structures, Inc. Page 11
8-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTO EY'S OFFICE
Date: / 7�
By:
A on C. ar C�Ij-b�34 vAQ,
'City Attorney
ATTEST:
Date:
la
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT: Griffin Structures, Inc., a
California corporation
Date:
By:
Leilani I. Brown Jon Hughes
City Clerk Executive Vice President
Date:
By:
Kelly Boyle
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Griffin Structures, Inc. Page 12
8-16
EXHIBIT A
SCOPE OF SERVICES
I. PRE -CONSTRUCTION PHASE
• Constructability Review
)- Perform constructability review of the project contract documents.
^r Provide input for methods of construction.
➢ Evaluate duration of construction.
➢ Review the Architect's contract document submissions and provide written comments
on adherence to the City's requirements, schedule, budget, constructability, and
value engineering recommendations.
Coordinate with the various disciplines, including civil, grading, demolition, structural,
architectural mechanical, electrical, HVAC, plumbing, interior finishes, FF&E, and
landscape and oversee all activities.
Provide value engineering review and recommendations during the design process.
• Cost Evaluation/Adjustment
Advise the City and Architect if it appears that the Construction Cost may exceed the
budgeted amount as set forth in the Project Budget and make recommendations for
corrective action to bring the Construction costs with the City Budget.
II. PLAN CHECK AND BIDDING PHASE
• Pre -Qualification of Bidders
Assist City with pre -qualifying contractors for various components for each projects per
criteria set forth by the City.
Make suggestion as to what trades should be considered through a formal
prequalification process (may only be specific to the LLH Project).
• Public Relations Activities
➢ Assist the City in public relations including, but not limited to, preparing information of
each project and attending site, internal and public meetings.
➢ Consultant will be the point of contact for the community during all phases of
construction in regards to any questions, complaints, safety issues, noise problems,
dust problems and similar matters.
Griffin Structures, Inc. Page A-1 8-17
• Contractor Bidding
Oversee contractor bidding, including pre -bid site walk and bidder orientation,
coordination of inquiries, oversee bid RFI's and the issuance of addenda, and bid
evaluations.
Assist City in recommendations for award and preparation of staff report for Council
award.
Rebidding
Should the project require rebidding, Consultant will oversee the rebid process and
support the City and project team to make the necessary modifications to the bid
package in anticipation of a rebid process. Once the rebid process is initiated,
Consultant will provide the same bid support as described above.
III. CONSTRUCTION PHASE
• Pre -Construction Meeting
Prepare agenda and lead pre -construction meeting
:- Attend pre -construction orientation meeting.
Orient the successful contractors to the various reporting procedures and site rules
prior to the commencement of actual construction.
Prepare meeting minutes.
• Contract Administration
Administer the construction Contract.
Enforce and oversee Contractor preparation of construction staging areas on -site.
Enforce and oversee Contractor preparation of site for construction.
Enforce and oversee Contractor preparation of fencing, barricades or other items
reasonably necessary for efficient construction.
Provide management or related services to coordinate work of the contractors and the
activities and responsibilities of the Architect and City to complete each project in
accordance with the contract documents.
Griffin Structures, Inc. Page A-2 8-18
• Construction Manager
➢ Provide competent full time construction manager to oversee all activities in the field
and serve as City's representative in the coordination of all activities of the project
team.
• Submittal Procedures
➢ Establish and implement procedures with the City and Architect to coordinate and
review shop drawing submittals.
➢ Coordinate and oversee Architectural review request for information (RFI), materials
and samples, product data, change orders, payment requests, material delivery dates
and other procedures.
➢ Maintain logs of all RFI, change orders, payment requests and other necessary
documents.
Establish a procedure for and collect certified payroll from the Contractors.
• Meetings
Coordinate and conduct pre -construction, construction and weekly job site progress
meetings with the contractors, Architect and City.
Record, transcribe and distribute meeting minutes to all attendees, the City and all
other appropriate parties.
Assist in the resolution of any technical construction issues.
Arrange and/or attend any other necessary meeting as required.
• Quality Assurance/Quality Control (QA/QC)
➢ Establish and implement a Quality Assurance management plan.
Observe, verify and document the specified level of construction quality.
➢ Observe and track construction deficiencies and oversee corrections in accordance
with project documents utilizing standardized field observation reports
• Coordination of Technical Inspection & Testing
Work with contractors to coordinate all testing required by the Contract Documents,
Architects, or other third parties to obtain the release of any required permit.
➢ Assist the City in selecting any special consultants or testing laboratories if needed.
Griffin Structures, Inc. Page A-3 8-19
• Construction Observation
➢ Ensure the construction conforms to the approved plans and specifications.
➢ Confirm the materials and equipment incorporated in the work are handled, stored and
installed properly and adequately and in compliance with the Contract Documents.
➢ Guard against defects and deficiencies and advise the City of any deviations, defects
or deficiencies observed in the work.
• Non -Conforming Work
^r Review Contractors' recommendations for corrective action on observed non-
conforming work.
Make recommendations to the City and Architect in instances where work is defective
or not in conformance with the Contract Documents.
Observe the Contractors' work to verify all authorized changes are properly
incorporated.
• Exercise of Contract Prerogatives
Advise and make recommendations to the City for implementing City's Contract
prerogatives. Examples of recommendations are giving the Contractor notice to
accelerate the progress when the schedule goals are in jeopardy due to Contractor's
delay or withhold payments to Contractor to ensure Contract compliance.
• Implementation of Master Project Schedule
➢ Establish, implement and update the Master Project Schedule to set timeline and
milestones.
➢ Manage and track the activities of Contractors such as sequences and duration,
allocation of labor and materials, processing of shop drawings, product data and
samples, delivery of products requiring long lead time procurement, and other items to
ensure compliance with the City's occupancy requirements.
• Monitor Estimates of Construction Cost
Provide regular monitoring of the approved estimate of Construction Cost.
• Construction Progress Review
➢ Maintain daily log documenting a record of weather, Contractors present on the site,
number of workers, work accomplished, problems encountered, and relevant data or
additional data as the City may require.
Prepare daily inspection records with pictures.
Griffin Structures, Inc. Page A-4 8-20
• Maintain On -Site Records
➢ Verify and ensure all on -site drawings and Contract Documents are accurate and
current.
• Schedule of Values & Processing of Payments
➢ Review and recommend Contractors' schedule for the tasks included in that
contractor's schedule of events.
➢ Review and make recommendations to the City regarding payments to the contractors.
• Evaluate Change Order Proposal Costs
Evaluate Contractors' costs for proposed change orders and make a recommendation
to the City regarding the acceptance of any proposals for a change order.
Facilitate negotiations on any change order costs and time extensions.
• Change Order Reports
Ensure and administer all change orders authorized and approved by the City.
Prepare and distribute a summary change order report on a monthly basis.
Identify and document the effect of the change order on the Contract price and Master
Project Schedule.
• Project Status Reports
➢ Prepare and distribute weekly Project Status Report.
➢ Project Status Report will include an itemized summary and update of all key items
necessary to adhere to the Master Project Schedule.
IV. PROJECT CLOSE-OUT & POST -CONSTRUCTION SERVICES
• Completion of Contracts & Project
➢ Assist Architect in preparing a list of incomplete or unsatisfactory items (Punch -list)
and prepare a schedule for the completion of each item.
Establish a 90 and 360-day Punch -List follow-up.
➢ Prepare a summary of the status of each contractor and sub -contractor Assist the
Architect to monitor completion of pending items.
• As -Built Documents & Operation Manuals
Verify accuracy of as -built documents.
Griffin Structures, Inc. Page A-5 8-21
➢ Review and coordinate final construction document specifications, shop drawings, and
submittals.
➢ Ensure delivery of program warranties.
➢ Ensure delivery of operations and maintenance manuals.
• Training Sessions
Coordinate and schedule training sessions with manufacturers to provide training for
the City maintenance and operations staff.
➢ Document all City training sessions and arrange for supplementary information, where
needed.
• Initial Start-up & Testing
Coordinate with Architect and City's maintenance staff to observe the Contractors
proper installation of utilities, operational systems and equipment.
Assist the City with the initial start-up and testing.
➢ Manage the coordination and installation of the appropriate furniture, fixture and
equipment.
• Project As -Built, Close Out, & Warranties
Review contractual requirements for as -built drawings, close out documents and
warranties.
Document and compile all required documentation for deliver to the City.
Coordinate and assist City in the move -in.
• User Complaints
➢ Assist with response to initial post -occupancy complaints regarding missing or
malfunction building components and equipment and contractor/vendor warranty
items.
V. SCHEDULE RECOVERY MANAGEMENT
• Consultant shall maintain strict adherence to the Contractor update requirements and by
applying schedule analysis. Consultant shall help identify potential delays before they
happen.
• Consultant shall implement key strategies to shift the critical path away from the potential
issue at hand, which allows for the project to move forward while carefully addressing the
challenge identified. In the rare occurrence where a recovery schedule is in fact needed,
Griffin Structures, Inc. Page A-6 8-22
Consultant's team will work closely with the project team to identify all possible scenarios
that allow for a solution.
➢ This includes: reviewing trade stacking, access strategies, long lead installations,
submittal review times, potential reorganization of phasing etc. In the end it is the
Contractor's responsibility to deliver the project on time, and the Consultant will utilize
every tool available to enforce that requirement.
VI. METHODOLOGY TO GENERATE BIDDER INTEREST
• Consultant shall use its database of Contractors to generate significant bidder interest.
Typically, with a project of this complexity, a 2 phased approach that includes performing
a Contractor prequalification phase followed by a bid phase will be used. It is during the
prequalification phase that Consultant will work to maximize bidder interest.
➢ This includes, but is not limited to the following; making direct calls to potential bidders,
advertising the project on multiple publications, preparing a very attractive RFQ that
incentivizes the bidders to participate, and constant follow through during the RFQ
process.
VII. CONSTRUCTION DISRUPTION MITIGATION
• It might be said that ALL construction management is "construction disruption mitigation".
Given the highly iterative and complex nature of construction projects, the myriad of
participants in the process, and the depth of the supply chain required construction projects
have a unique vulnerability to disrupting events.
• Consultant shall mitigate these potential disruptions by apply 3 key concepts at all times;
➢ Clear and coherent communication with all team members
➢ a fact -based forward -looking approach that seeks to identify potential issues 3-6
months in advance, and
➢ a collaborative and team building management philosophy that engages the strengths
of all members.
• By applying these principals, Consultant shall be able to maintain clean and manageable
documentation, make actionable recommendations, early solutions to potential problems,
maintain project schedule and ultimately deliver a project that is on or under budget.
Griffin Structures, Inc. Page A-7 8-23
EXHIBIT B
SCHEDULE OF BILLING RATES
�1.1
Constructability Review
Ind
Inc!
Ind
1.2
Cost Evaluation/Adjustment
Ind
Inca
Inc]
L3
Pre -Qualification of Bidders
Ind
Ind
Inca
1.4
Public Relations Activities
Incl
Ind
Inc]
1.5
Pre -Bid Site Walk
Ind
Ind
Inc)
1.6
Coordination_ and Inquiries
Ind
Ind
Intl
1.7
Addenda Review
Ind
Ind
Ind
1.8
Contracts and Mobilization
_
;UhdSTR!_!CTl0�1 ti1.�^1,1ti;E 1EP;T
_ C
2.1
Pre -Construction Meeting
Intl
Intl
Intl
2.2
Contract Administration
Intl
Intl
Intl
2.3
Full Time Construction Manager
Intl
Intl
Intl
2.4
Submittal Procedures
Intl
Intl
Intl
2.5
Meetings
Intl
Intl
Intl
2.6
Quality Assurance
Ind
Intl
Intl
2.7
Coordination of Technical Inspections and Testing
Intl
Intl
Intl
2.8
Construction Observation
Intl
Intl
Intl
2.9
Non -Conforming Work
Incl
Intl
Intl
2.10
Exercise of Contract Prerogatives
Intl
Intl
Intl
2.11
Implementation of Master Project Schedule
Intl
Intl
Intl
2.12
Monitor Estimates of Construction Cost
Intl
Incl
Intl
2-13
Construction Progress Review
Intl
Intl
Intl
2.14
Maintain On -Site Records
Intl
Intl
Intl _
2.15
Schedule of Values and Processing Payments
Intl
Intl
Intl
2.16
Evaluate Change Order Proposal Costs
Intl
Intl
Intl
2-17
Change Order Reports
Intl
Intl
Incl
2.18
Project Status Reports
Intl
Inca
Intl
3
- I TASK 4'. PROJECT CLOSEOUT
3.1
Completion of Contracts and Project
Incl
Intl
Intl
3.2
As -Built Documents & Operation Manuals
Intl
Intl
Intl
3.3
Training Sessions
Inc]
Intl
Intl
3.4
Initial Start Up and Testing
Ind
Intl
Intl
3.5
Project As -Built, Close Out, and Warranties
Ind
Ind
Ind
3.6
User Complaints
Ind
Ind
Ind
DESIGN & PROJECT/CONSTRUCTION MANAGEMENT
NO CHARGE
i $661.200
TOTAL
4,1
Submittal Exchange
$10,000
4.2
Insurance
$6,600
4.3
Misc. Printing and Office Supplies
$2,200
GRAND TOTAL
u%Rn nnn
Griffin Structures, Inc. Page B-1 8-24
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
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 8-25
4
5
D. 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 two million dollars
($2,000,000) 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.
Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
Griffin Structures, Inc. Page C-2 8-26
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Consultant shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Right to Review Subcontracts. Consultant agrees that upon request, all
agreements with subcontractors or others with whom Consultant enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Consultant shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Consultant shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20380413.
D. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
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. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. 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 -
Griffin Structures, Inc. Page C-3 8-27
insurance will not be considered to comply with these requirements unless
approved by City.
G. 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.
H. 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. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
I. 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-4 8-28