HomeMy WebLinkAboutC-9532-2 - Horrocks LLCPROFESSIONAL SERVICES AGREEMENT
WITH HORROCKS LLC FOR
BIG CANYON RESTORATION — PHASE 3 CONSTRUCTION MANAGEMENT
SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 26th day of August, 2025 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and HORROCKS LLC, a Delaware limited liability company ("Consultant"), whose local
address on file with the California Secretary of State is 3111 Camino Del Rio North, Suite
550, San Diego, CA 92108 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 Construction Management Services.
The Consultant's Construction Manager will oversee and monitor the construction
contractor in its performance of the contract document tasks. The Construction
Manager will report to the City's Project Manager, provide recommendations on
Action Items, receive direction from the City's Project Manager, and communicate
decisions to the construction contractor. ("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:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2027, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Four Hundred Eighty
Seven Thousand Forty Dollars and 00/100 ($487,040.00), 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.
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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 Matt Horrocks to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
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
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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
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, employees and any person or entity owning or otherwise in legal control of
the property upon which Consultant performs the Project and/or Services contemplated
by this Agreement (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"), and which relate (directly or indirectly) to the negligence,
recklessness, or willful misconduct of the Consultant or its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable, or any or all of
them.
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, active negligence or willful misconduct of the Indemnified Parties. Nothing in
this indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
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of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, 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.
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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
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.
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23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would have
resulted if there were not errors or omissions in the Work accomplished by Consultant,
the additional design, construction and/or restoration expense shall be borne by
Consultant. Nothing in this 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
seq., 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.
26. NOTICES
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 Department
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
26.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
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Attn: Matt Horrocks
Horrocks LLC
2162 W. Grove Pkwy Ste. 100
Pleasant Grove, UT 84062
27. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
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.
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
29.2 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,
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county, state and federal laws, rules, regulations and permit requirements and be subject to
approval of the Project Administrator and City.
29.3 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.
29.4 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.
29.5 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.
29.6 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.
29.7 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.
29.8 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.
29.9 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.
29.10 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.
29.11 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.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aar C. Harp �
City Attorney A�
ATTEST:
Date:�Z, Z G Z S •,�:
r
Molly Perry i'
Interim City Clerk
CITY OF NEWPORT BEACH,
a Californi municipal corporation
Date: 7-
By 1�
:
Joe S aple on
Mayor
CONSULTANT: Horrocks LLC, a
Delaware limited liability company
Date:
N Signed in Counterpart
By.
Matt Horrocks
Jr4, IFO� Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: qZ,
By: _
Aar C. Harp q,ti5
City Attorney A�
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Joe Stapleton
Mayor
ATTEST: CONSULTANT: Horrocks LLC, a
Date: Delaware limited li bility company
Date: Nil
ol
By: By:
Molly Perry Matt Horrocks
Interim City Clerk j4tve_Vice President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT
SCOPE OF SERVICES
Horrocks LLC Page A-1
►Cak Horrocks.
Exhibit A — Scope of Services
June 5, 2025
Project Title: City of Newport Beach RFP #25-46 - Construction Management Services for Big
Canyon Restoration — Phase 3
Horrocks is pleased to submit this proposal and the following Scope of Services to the City of
Newport Beach for Construction Management Services for the Big Canyon Restoration - Phase 3
project. We understand that the City seeks a qualified Construction Manager to oversee and
monitor the construction contractor's performance of contract document tasks. This proposal
highlights how our firm will address the needs and scope required for the project. Horrocks is
prepared to dedicate experienced professionals who will report directly to the City's Project
Manager, providing insightful recommendations, diligently following City direction, and ensuring
clear communication of decisions to the contractor, all under the Project Manager's sole
authorization and approval. We are confident that our expertise and collaborative approach align
perfectly with the requirements of this important restoration project.
STAFFING
This proposal assumes the City of Newport Beach requires full-time inspection in addition to
Construction Management due to the project's extensive site, the potential for concurrent tasks,
and its location within and adjacent to the sensitive habitats of Back Bay. Given these
environmental considerations, we acknowledge the City's concern about the contractor's
adherence to the Stormwater Pollution Prevention Plan (SWPPP) and the Floodplain Management
Plan (FWMP), as well as their cooperation with the biologist as outlined in the contract
specifications. As detailed in the RFP, if the contractor demonstrates consistent progress, follows
permit and project guidelines effectively, and collaborates well with third -party staff such as the
Biologist, City Inspectors, and other permit holders, Horrocks is prepared to coordinate a reduction
in our management and inspection hours with the City. Accordingly, we are prepared to discuss
project cost savings in staffing allocation and reimbursable items proportionally at the appropriate
time to ensure the budget aligns with the City of Newport Beach's goals and objectives for this
project. The staff augmentation services to be provided under this scope shall include work related
to the construction phases of the above -mentioned project as outlined by the following tasks. In
general, the work consists of services as defined by the City's outline as provided in the RFP.
CONSTRUCTION MANAGER -Representative (CONSTRUCTION MANAGER) acknowledges that the
City may retain other consultants, engineering and otherwise, and that coordination between said
consultants and CONSTRUCTION MANAGER may be necessary from time to time to ensure
services herein performed are effective. CONSTRUCTION MANAGER agrees to provide such
coordination as necessary within the scope of services contained herein.
619-510-45601 Horrocks.com
2365 Northside Drive, Suite 575, San Diego, CA 92108
City of Newport Beach June 5, 2025
RFP #25-46 - Construction Management Services for Big Canyon Restoration — Phase 3 Page 2
TASK 0 — PROJECT ADMINISTRATION INCLUDING INVOICING AND DOCUMENT CONTROL
CONSTRUCTION MANAGER Representative will conduct and in-house plan review with key team
members and review drawings and construction documents for inconsistencies and historical
shortcomings in the drawings, specifications and agency standards. Other key elements that will
be reviewed and commented on include:
1. Limitations of access for work to be completed
2. Review of specified materials availability and compatibility
3. Review status and recommendations of soil reports, explorations/bores and plan alignment
4. Schedule and chair a meeting with stakeholders impacted or benefactors of the
construction project
5. Review existing utilities, highlight critical crossings and review pot -hole information and
recommend if additional investigations would be beneficial.
6. Review and check engineer's quantities and estimates for costs
Representation on Behalf of City
CONSTRUCTION MANAGER shall consult with and advise City and act as its representative during
construction.
CONSTRUCTION MANAGER shall not be responsible for the means, methods, techniques,
sequences, or procedures of construction selected by Contractor(s), or the safety precautions and
programs incident to the work of Contractor(s).
CONSTRUCTION MANAGER efforts shall be directed toward providing a greater degree of
confidence for the City that the completed work of Contractor(s) will conform to the Contract
Documents, the CONSTRUCTION MANAGER Representative shall not be responsible for failure of
Contractor(s) to perform the work in accordance with the Contract Documents or Schedule.
On the basis of on -site examination of materials, equipment, and workmanship, CONSTRUCTION
MANAGER shall keep City informed of the progress of the work, shall endeavor to guard City against
defects and deficiencies in such work and may disapprove or reject work failing to conform to the
Contract Documents. CONSTRUCTION MANAGER will notify contractor of defective work and
document as necessary.
CONSTRUCTION MANAGER will attend all project meetings as needed during the pre- construction
and construction period. CONSTRUCTION MANAGER will prepare an agenda for all meetings and
prepare minutes following all meetings on behalf of the city.
Document Management
CONSTRUCTION MANAGER Team members will be provided access to the web -based file
management system (if applicable), in order to access pertinent files to review and respond within
the timeframes allowed in the project specifications. A CONSTRUCTION MANAGER
Representative will serve as the point of contact for all communication and coordination with the
City's staff and Contractor representatives.
rU
City of Newport Beach June 5, 2025
RFP #25-46 - Construction Management Services for Big Canyon Restoration — Phase 3 Page 3
Records
Maintain orderly files for correspondence, reports of job conferences, Shop Drawings and samples
submissions, reproductions of original Contract Documents including all addenda, change orders,
field orders, additional Drawings issued subsequent to the execution of the Contract, clarifications
and interpretation of the Contract Documents, progress reports, and other Project related
documents.
Prepare daily reports including digital photographs with proper labeling for recording Contractor's
hours on the job site, weather conditions, data relative to questions of extras or deductions, list of
visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily
activities, decisions, on -site equipment, subcontractors on -site, observations in general and
specific observations in more detail as in the case of observing test procedures.
Maintain notes to be capable of verifying record drawing information for accuracy and
completeness. Maintain a set of record drawings.
CONSTRUCTION MANAGER shall meet with any outside agencies that are stakeholders in this
project and the contractor to make sure all project documentation is compliant.
TASK 1 — PRE -CONSTRUCTION MEETING AND PREP WORK
CONSTRUCTION MANAGER will chair and conduct a Pre -Construction Conference with the City,
Contractor, and CONSTRUCTION MANAGER representatives. CONSTRUCTION MANAGER will
prepare a general agenda recognizing all city topics and comments prepared as a guide for this
scope of work and submit for review and approval by the city prior to issuance/distribution. The
major items included in the Pre -construction conference will include but not be limited to : all
company personnel and chain of command by organization, dispute resolution protocol,
submittals, digital / hard copy record keeping and protocol, construction sequence and key
milestone dates, schedule updates, storage of equipment and materials, environmental, traffic
control, payment requirements and procedures.
CONSTRUCTION MANAGER will be furnished contract documents and will act as directed by City,
in order to assist observing performance of the work of the Contractor(s).
TASK 2 — PROGRESS MEETINGS AND PREP WORK, TASK 3 — MEETING MINUTES AND
DISTRIBUTION, TASK 4 — CITY REQUESTED MEETINGS
CONSTRUCTION MANAGER Representatives will schedule and conduct weekly progress meetings
including an advanced agenda submittal prior to the upcoming meeting, sign -in sheet, update and
submit all submittal logs, and record all meeting and take accurate and comprehensive meeting
notes.
All meetings will include an agenda item for schedule updates, conflicts, utilities coordination,
traffic impacts, stakeholder interface and notices, and an overall project participation survey on a
weekly / bi-weekly basis to maintain the highest level of service and communication throughout
the project. The agenda shall include and reference all project "logs" including: RFI's, Submittal, etc.
Ell
City of Newport Beach June 5, 2025
RFP #25-46 - Construction Management Services for Big Canyon Restoration - Phase 3 Page 4
All meetings shall be recorded, however once the meeting notes have been distributed and
accepted by all the recording shall be deleted. These shall be sent out as meeting memorandums
by the CONSTRUCTION MANAGER.
CONSTRUCTION MANAGER will attend all City Staff Meetings as requested by owner or
stakeholders.
TASK 5 - SUBMITTALS, SCHEDULES AND SWPPP REVIEW AND COORDINATION, TASK 6 - RFI
REVIEW AND COORDINATION
CONSTRUCTION MANAGER representatives will receive and log all correspondence, submittals,
shop drawings, request for information (RFIs) and samples for use during the project. All logs will
be maintained on a daily and weekly basis for reporting and review at the weekly project meetings.
1. Receive and log Shop Drawings and samples, which are furnished by Contractor.
2. Coordinate Review of specified Shop Drawings with design engineer or city representatives,
SWPPP, Water Flow Management Plan, Schedule, samples, test results, and other data that
Contractor is required to submit, but only for conformance with the information given in the
Contract Documents. Such review shall not extend to means, methods, sequences,
techniques or procedures of construction selected by Contractor(s), or to safety
precautions and programs incident thereto.
TASK 7 - PROJECT INSPECTION
Review of Work, Rejection of Defective Work, Inspections, and Tests
1. Conduct on -site observations of the work in progress to assist City in determining if the
work is proceeding in accordance with the Contract Documents and that completed work
will conform to the Contract Documents.
2. Report to City and Contractor whenever CONSTRUCTION MANAGER or observer believe
that any work is unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or does not meet the requirements of any inspections, tests or approval
required to be made, or has been damaged prior to final payment; and advise if work should
be corrected or rejected or should be uncovered for observation, or requires special testing,
inspection, or approval.
3. Verify that all material tests and quality control functions are conducted as required by the
Contract Documents and in the presence of the required personnel and that Contractor
maintain adequate records thereof; observe, record, and report appropriate details relative
to the test procedures and start-ups.
4. Accompany visiting inspectors representing public or other agencies having jurisdiction
over the Project; record the outcome of these inspections and report to City.
5. Handle notifications of non -compliant work and log work accordingly until all work is
compliant.
LII
City of Newport Beach June 5, 2025
RFP #25-46 - Construction Management Services for Big Canyon Restoration — Phase 3 Page 5
TASK 8 — CHANGE ORDER REVIEW AND COORDINATION
CONSTRUCTION MANAGER will keep log, consider and evaluate Contractor's suggestions for
changes in Drawings or Specifications and report them with recommendations to the City.
CONSTRUCTION MANAGER shall complete an independent cost estimate for all change orders as
well as evaluate and process all appropriate contract change order and/or value engineering
recommendations.
TASK 9 — PAY APPLICATION PROCESSING - QUANTITY TRACKING AND VERIFICATION
Based on CONSTRUCTION MANAGER's team on -site observations, review all applications for
payment and the accompanying data and schedules, determine the amounts owing to
Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such
recommendations of payment will constitute a representation to City, that the work has progressed
to the point indicated, that, to the best of CONSTRUCTION MANAGER's knowledge, information
and belief, the quality of such work is in accordance with the Contract Documents (subject to an
evaluation of such work as a functioning Project upon Substantial Completion, and that payment
of the amount recommended is due Contractor(s).
All payment applications must be on City supplied form and all items must match the Bid
Documents.
TASK 10 — PUNCH LIST CREATION AND INSPECTION, TASK 11 — SUBSTANTIAL COMPLETION
WALK AND APPROVAL, TASK 12 — PROJECT CLOSEOUT
CONSTRUCTION MANAGER will coordinate with the contractor's representatives in their
preparation of a punch list/deficiencies list to be used to finalize the project and accept the work
as complete. CONSTRUCTION MANAGER will conduct an inspection to determine if the Project is
complete based on the review of the contractors list and issue to Contractor a list of any observed
items requiring completion or correction not included on their list.
Conduct final inspection in the company of City and Contractor and prepare a final list of items to
be completed or corrected or make sure the contractor creates the necessary punch list if required
by the contract.
Verify that all items on final list have been completed or corrected and confirm, that the Contractor
has fulfilled all obligations there under so that ENGINEER may recommend, in writing, final payment
to Contractor(s) and may give written notice to City and the Contractor(s) that the work is
acceptable (subject to any conditions therein expressed).
CONSTRUCTION MANAGER shall not be responsible for the acts or omissions of any Contractor,
or subcontractor, or any of the Contractor(s)' or subcontractor(s)' agents or employees or any other
persons (except ENGINEER's own employees and agents) at the site(s) or otherwise performing
any of the Contractor(s)' work.
CONSTRUCTION MANAGER will review the contractor's record drawings for completeness and
provide 1 copy signed as part of the record drawings files for city records as part of project
closeout. Record drawings will be coordinated with contractors' record drawings as required.
City of Newport Beach June 5, 2025
RFP #25-46 - Construction Management Services for Big Canyon Restoration — Phase 3 Page 6
LIMITATIONS OF AUTHORITY
Except upon written instructions from the City:
1. Shall not authorize any deviation from the Contract Documents or approve any substitute
materials or equipment.
2. Shall not undertake any of the responsibilities of Contractor, subcontractors or
Contractor's superintendent, or expedite the work.
3. Shall not advise on or issue directions relative to any aspect of the means, methods,
techniques, sequences or procedures of construction unless such is specifically called for
in the Contract Documents.
4. Shall not advise on or issue directions as to safety precautions and programs in
connection with the work.
CITY OF NEWPORT BEACH RESPONSIBILITIES ACKNOWLEDGED
Horrocks has reviewed the scope of service and acknowledges the responsibilities of the City of
Newport Beach in support of this project as included in this RFP.
EXHIBIT B
SCHEDULE OF BILLING RATES
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EXHIBIT C
INSURANCE REQUIREMENTS
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior
to commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Contract, policies of insurance of the type and
amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor 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. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each employee
for bodily injury by accident and each employee for bodily injury by disease in
accordance with the laws of the State of California. In addition, Contractor shall
require each subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with California law
for all of the subcontractor's employees.
Contractor 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, employees, and any person or entity
owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general liability
insurance, and if necessary excess/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 two million dollars ($2,000,000) per occurrence, four million
dollars ($4,000,000) general aggregate and four million dollars ($4,000,000)
Horrocks LLC Page C-1
completed operations aggregate. The policy shall cover liability arising from
bodily injury, property damage, 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).
C. Automobile Liability Insurance. Contractor 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 Contractor arising out of or in connection
with Work to be performed under this Contract, including coverage for any
owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit for each accident.
D. Professional Liability (Errors & Omissions) Insurance. Contractor shall maintain
professional liability insurance that covers the Services to be performed in
connection with this Agreement, in the minimum amount of two million dollars
($2,000,000) per claim and four million dollars ($4,000,000) in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the
Effective Date of this Agreement and Contractor agrees to maintain continuous
coverage through a period no less than three years after completion of the
Services required by this Agreement.
E. Excess/Umbrella Liability Insurance. If any Excess or Umbrella Liability policies
are used to meet the limits of liability required by this contract, then said policies
shall be "following form" of the underlying policy coverage, terms, conditions, and
provisions and shall meet all of the insurance requirements stated in this
contract, including, but not limited to, the additional insured and primary & non-
contributory insurance requirements stated herein. No insurance policies
maintained by the City, whether primary or excess, and which also apply to a loss
covered hereunder, shall be called upon to contribute to a loss until the
Contractor's primary and excess/umbrella liability policies are exhausted.
4. 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 Contract shall be endorsed to waive subrogation against City, its City
Council, boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property upon
which Contractor performs the Project and/or Services contemplated by this
Agreement or shall specifically allow Contractor or others providing insurance
evidence in compliance with these requirements to waive their right of recovery
Horrocks LLC Page C-2
prior to a loss. Contractor hereby waives its own right of recovery against City,
and shall require similar written express waivers and insurance clauses from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability, products
and completed operations, excess/umbrella liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that City,
its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of the
property upon which Contractor performs the Project and/or Services
contemplated by this Agreement shall be included as additional insureds under
such policies.
C. Primary and Non -Contributory. Contractor's insurance coverage shall be primary
insurance and/or the primary source of recovery with respect to City, its City
Council, boards and commissions, officers, agents, volunteers and employees.
Any insurance or self-insurance maintained by City shall be excess of
Contractor's insurance and shall not contribute with it.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days' notice of cancellation or nonrenewal of coverage (except for nonpayment
for which ten (10) calendar days' notice is required) for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor 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. All of the executed documents referenced in
this Contract must be returned to City within ten (10) regular City business days
after the date on the "Notification of Award". Insurance certificates and
endorsements must be approved by City's Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this Contract. 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 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, Contractor shall, within ten (10) days after receipt of written
notice of such cancellation or reduction of coverage, file with the City evidence of
Horrocks LLC Page C-3
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. The City reserves the right at any time
during the term of the Contract to change the amounts and types of insurance
required by giving Contractor sixty (60) calendar days' advance written notice of
such change. If such change results in substantial additional cost to Contractor,
City and Contractor may renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor 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. Contractor shall require and verify that all subcontractors maintain
insurance meeting all the requirements stated herein, and Contractor 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 20 38 04 13.
D. Enforcement of Contract Provisions. Contractor acknowledges and agrees that
any actual or alleged failure on the part of City to inform Contractor 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 Exhibit A 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 Contractor maintains higher limits than the minimums shown
above, the City requires and shall be entitled to coverage for higher limits
maintained by the Contractor or sub -contractors. Any available proceeds in
excess of specified minimum limits of insurance and coverage shall be available
to the City.
F. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self -
insured retentions on any portion of the insurance required herein and further
agrees that it will not allow any indemnifying party to self -insure its obligations to
City. If Contractor's existing coverage includes a self -insured retention, the self-
Horrocks LLC Page C-4
insured retention must be declared to City. City may review options with
Contractor, which may include reduction or elimination of the self -insured
retention, substitution of other coverage, or other solutions. Contractor agrees to
be responsible for payment of any deductibles on their policies.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor 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 Contract, or
to suspend Contractor'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 Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor's
performance under this Contract, and that involve or may involve coverage under
any of the required liability policies. City assumes no obligation or liability by such
notice, but has the right (but not the duty) to monitor the handling of any such
claim or claims if they are likely to involve City.
I. Contractor's Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgement
may be necessary for its proper protection and prosecution of the Work.
J. Coverage Renewal. Contractor will renew the coverage required here annually
as long as Contractor continues to provide any Work under this or any other
Contract or agreement with City. Contractor shall provide proof that policies of
insurance required herein expiring during the term of this Contract have been
renewed or replaced with other policies providing at least the same coverage.
Proof that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contractor's insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new coverage must
be provided to City with five (5) calendar days of the expiration of the coverages.
Horrocks LLC Page C-5
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