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HomeMy WebLinkAbout13 - Marina ParkCITY OF NEWPORT BEACH 9 ,FOn� C ty Godly' cH Staff Report Agenda Item No. 1,-1- February 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949- 644 -3311, dawebb(a)_newportbeachca.gov PREPARED BY: Iris Lee, Senior Civil Engineer 949 - 644 -3323, ileepnewportbeachca.gov APPROVED: TITLE: Approval of Professional Services Agreement with Griffin Structures, Inc., for Construction Management Services at Marina Park ABSTRACT: The Marina Park Project is in the final stages of design and permitting. Contract Construction Management Services will be used to oversee and manage the contractor and project during construction. Staff now requests City Council approval of the professional services agreement retaining Griffin Structures, Inc. (Griffin), to provide construction management services for the Marina Park Project. RECOMMENDATION: Approve a Professional Services Agreement with Griffin of Laguna Beach, California for construction management services at a cost not to exceed $1,222,860 and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this project. It will be expensed to the Marina Park project account in the Public Works Department, 7411- C4002002. DISCUSSION: On November 19, 2012, City staff issued a Request for Proposals from nine qualified firms to provide construction management services for the Marina Park Project. Proposals from the following six firms were received: • Barnhart -Reese Construction, Inc. • gkkworks Construction Services (gkkworks) • Griffin Structures, Inc. 1 of 27 Approval of Professional Services Agreement with Griffin Structures, Inc., for Construction Management Services at Marina Park February 26, 2013 Page 2 • Project Dimensions, Inc. • Traker Development • Vanir Construction Management, Inc. A four - person City staff selection committee independently reviewed each proposal and ranked the proposals primarily based on the following criteria: construction management capabilities and style; qualification and technical capabilities; previous firm and team experience; and cost control and financial management approach. On the basis of these criteria, three firms clearly rated above the others and were invited to partake in an oral interview process. (gkkworks, Griffin, and Project Dimensions). The interviews were conducted on January 15, 2013, with the intent to further understand the individual project team member's capabilities and their firm's distinguishing characteristics. The selected consultant will serve as an extension of staff in managing the day -to -day project aspects, so the ability to integrate with City policies and procedures was emphasized. While all three of these firms presented a capable team, the committee unanimously ranked Griffin as number one, citing their well suited project team members; in depth and through construction management plan and approach; large amount of similar project experience work experience as both a Construction Manager and CM at Risk Contractor, as well as their dedication to strong and extensive schedule /cost control. Griffin has been providing municipal construction management services for 32 years, and has completed more than 80 parks, 20 recreation and community centers. TranSystems, Griffin's Marina Sub - consultant, is a nationally recognized firm in the harbor development industry with over 25 marinas completed (some award- winning) in the Southern California region. Together, their team lead by Garry Chubbs, and other key team members as identified in Attachment B, brings an intimate knowledge of public works and the public bidding process, local bid market knowledge, City requirements, stakeholder expectations, and project delivery process. Griffin's proactive approach and history of delivering projects on -time and within budget has been referenced and verified by local agencies within the Southern California Region, including: • City of Brea • City of Fullerton • City of Hesperia • City of Irvine • City of Orange • City of San Dimas • City of Tustin After the review committee had completed the ranking of the most qualified firms, that being: 1)Griffin Structures; 2) gkkworks; 3)Project Dimensions, Inc.; staff opened and reviewed the fee proposal of the each of the these firms and negotiated a time and material construction management fee for the entire Marina Park project at a not -to- exceed fee of $1,222,860. This fee is in line with the other two fee proposals and 2 of 27 Approval of Professional Services Agreement with Griffin Structures, Inc., for Construction Management Services at Marina Park February 26, 2013 Page 3 industry standards at 5.8% of the estimated $21,000,000 construction cost. The proposed construction management services scope of work includes, but is not limited to the following: • Provide value engineering, design and constructability reviews of the bid packages. • Pre - qualify Contractors and Vendors in advance of the bidding process. • Manage the public bidding and award process. • Conduct all on -site administration, observation and management. • Continually manage project construction cost and schedule. • Provide quality assurance and quality control. • Hold, attend, manage and document weekly construction coordination meetings with the contractor, design consultants, and City. • Review, approve, and process progress and final payment invoices. • Manage, track, follow -up, and close -out all Requests for Information (RFIs) related to design clarifications, material submittals, approvals, etc. • Review change orders and facilitate negotiations. • Coordinate energy efficiency, LEED, and operation efficiency. • Provide and arrange for specialty inspection services, coordination, and quality control items. • Analyze and update construction schedule and coordinate phasing plans. • Provide post- construction services, including construction punch -list management and completion, 90 and 360 -day follow -up punch lists. • Assist City staff and design team with FF &E coordination and installation. • Manage substantial and final completion processes, and project acceptance and close -out. 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. A Final Environmental Impact Report was prepared for the Marina Park Project and adopted by City Council on May 11, 2010. 3 o 27 Approval of Professional Services Agreement with Griffin Structures, Inc., for Construction Management Services at Marina Park February 26, 2013 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by- David A. Webb Public Works Director Attachments: A. Professional Services Agreement B. Griffin's Key Team Members /Organization Chart 4 of 27 ATTACHMENT A CONSTRUCTION PROJECT MANAGEMENT AGREEMENT WITH GRIFFIN STRUCTURES, INC. FOR MARINA PARK PROJECT THIS AGREEMENT FOR CONSTRUCTION PROJECT MANAGEMENT SERVICES ( "Agreement ") is made and entered into as of this day of 2013 ( "Effective Date') by and between the CITY OF NEWPORT BEACH, a- California Municipal Corporation (' -' 'City'% and Griffin Structures, Inc., a California corporation ( "Consultant'), whose address is 385 Second Street, Laguna Beach, California, 92651, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide professional construction management services for the Marina Park Project ( "Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. The principal member of Consultant for purposes of Project shall be Gary Chubb. E. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on August 31, 2016 unless terminated earlier as set forth herein.. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the ,above Recitals are true and correct and are' hereby incorporated by reference into this Agreement. Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain Services within the Scope of Services at its sole discretion. 5 of 27 3. TIME OF PERFORMANCE 3.1 I'irne is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) days of the occurrence causing the delay -to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 For all time periods not specifically set forth herein; Consultant shall - respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a time and expense not-to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates or Progress Payments Schedule attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million Two Hundred Twenty Two Thousand fight Hundred Sixty Dollars and 00/100 ($1,222,860.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills _shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved_ in writing in advance by City. Griffin Structures, Inc. Page 2 6 of 27 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 cletenrrined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Gary Chubb to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. David Webb, Public Works Director or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement._ The Project Administrator or their designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one (1) copy of all existing relevant information on file at City. City will provide all such existing relevant information in a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant. Griffin Structures, Inc. Page 3 7 of 27 7.1.3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the Se_ rvices shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional. standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, ror 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 bylaw, Consultant shall indemnify, defend and hold harmless City; its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, 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, with limitation, attorney's fees, disbursements and court costs of eve kind and (individually, every d nature out individually. a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Consultant's presence or activities conducted on the Project (including the _negligent 'and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents, employees, vendors; suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.2 Notwithstanding the foregoing; nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the Griffin Structures, Inc. Page 4 8 of 27 sole negligence or willful misconduct: of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any awarcl of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work; provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a _measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in 'the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible authorized designee informed on the Project, - activities performe d scheduled or are desired. 14. INSURANCE for keeping the Project Administrator and/or his duly a regular basis regarding the status and progress of and planned, and any meetings that, have been Without limiting Consultant's indemnification of City, and prior to commencement of Work,- "Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Griffin Structures, Inca Page 5 9 of 27 15. PROHIBITION AGAINST ASSIGNMENT'S ARID TRANSFERS Except as specifically authorized_ under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 6/o) 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be _otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17:1 Each and every report, draft, map, record, plan, ,document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17,2 Documents; including drawings and specifications, prepared by Consultant pursuant to this /agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. Griffin Structures, Inc. Page 6 10 of 27 17.3 All improvement and/or construction plans shall be prepared with indelible waterproof ink or electrostaticly Blotted on standard twenty -Four inch (24 ") by thirty -six inch (36) Mylar with a minirnum thickness of three (3) mils. Consultant shall provide to City `As- Built' drawings and a copy of digital Computer Aided Design and Drafting ( "CADD ") and Tagged Image t=ile f=ormat (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, �or connected with (a) the modification or misuse by City, or anyone authorized by City; of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in ,dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to consultant or contractor bids or actual cost to City. 21. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for Infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. Griffin Structures, Inc. Page 7 11 of 27 22. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City; for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITH14OLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute -a failure to pay according to the terms of this Agreement: Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections'of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the ProJect. 26. CONFLICTS OF INTEREST 26.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the `Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 26.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless Griffin Structures, Inc. Page 8 12 of 27 City for any and all claims for damages resulting frond Consultant's violation of this Section. 27. NOTICES 27.1 All notices; demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: David Webb, Public Works Director Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: (949) 644 -3311 Fax: (949) 644 -3318 27.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Gary Chubb Griffin Structures; Inc. 385 Second Street Laguna Beach, CA 92651 Phone: (949) 497 -9000 Fax: (949) 497 -8883 28. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all ,claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Agreement, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 29. TERMINATION 29.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are Griffin Structures, Inc. Page '9 13 of 27 reasonably required to cure the default and the defaulting party fails to give adequate assurance of clue performance within two (2) ealenclar clays after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non- defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 29.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written notice to Consultant: In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 30. STANDARD PROVISIONS 30.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes; ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.2 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. ;30.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. Griffin Structures, Inc. Page 10 14 of 27 30.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal; or otliciwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreenent shall continue in full force and effect. 30.8 Controlling Law and Venue. 'The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.9 Equal Opportunity Employment. Consultant represents that it is an equal opportunity' employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 30.10 No Attorney's Fees. In the event-of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 30.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Griffin Structures, Inc. Page 11 15 of 27 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on 11-10 dates written below. APPROVED AS TO FORM: CITY,AT RNEY' OFFICE Date: By: Aaron C. Harp City Attorney ATTEST: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation By: Keith D. Curry Mayor CONSULTANT: Griffin Structures, Inc., a California corporation By: Roger Torriero Chairman /Chief Executive Officer Date: By: Gary Chubb Executive Vice President [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing RateE Exhibit C — Insurance Requirements Griffin Structures, Inc. Page 12 16 of 27 EXHIBIT A SCOPE OF SERVICES Griffin Structures, Inc. Page A -1 17 of 27 Exhibit A Scope of Services Construction Management Scope Construction Manager shall perform the following services for the Marina Park Project including Buildings, Park, Marina and Related Project Components: Preconstructlon: Construction Manager shall provide preconstructlon services to the City, at the City's direction, including, but not limited to: 1. Constructabllity review: Review construction documents prepared by Architect and Engineers contracted by the City for Inconsistencies, lack of clarity, material interface concerns, constructabllity concerns, and coordination between design disciplines, Constructabllity review shall be understood as observational comments, and not as architectural engineering and /or design documents or direction. Code compliance or peer reviews are excluded from these services. 2. Review cost estimates: Review construction cost estimates prepared by others, and advise and assist the City accordingly. 3. Review schedules: Review schedules prepared by consultants, contractors, and City officials and advise and assist the City accordingly. 4. Review & coordinate final drawings: Integral to the constructability review, CM shall review the final drawings for coordination and clarity and advise project team accordingly. Responsibility for'authorship of documents shall remain with associated design professionals. 5. Review & coordinate final specifications:: Integral to the constructabllity review, CM shall review the final specifications for coordination Inconsistencies and /or omissions, and advise project team accordingly. Responsibility for authorship of documents shall remain with associated design professionals. 6. Value engineering study: At the direction of the City, assist project team in providing value engineering recommendations for consideration by City and design team; 7. Community outreach & Communication Services: Assist the City in developing, implementing, and maintaining communication and outreach facilities for the neighboring community and the City as a whole. Prequalificatlon and Bidding: Construction Manager shall assist the City, at the City's direction, in the Prequalificatlon, Budding, and Award process, including, but not limited to: 1. Assist in nreoualif0ine contractors: Provide assistance to the City In preparing, implementing, and reviewing prequallRcatlon packages and their responses. 2. Pre -bld meetings and lob walks: Host pre-bid meetings and job walks at City's direction, 3. Preconstruction meetings: Schedule and host preconstruction meetings for each of the respective, project packages in concert with the City. 18 of 27 4. Assist In public biddlnu and award: Assist the City In the public bidding and award process In accordance with City contract policies and procedures. Construction Project Administration: Construction Manager shall provide construction project administration services, at the City's direction, Including, but limited to: 1. Construction administration: Conduct periodic onsite administration, observation, and management oversight on behalf of the City Including Installation of marina docks. 2. Record kee ing and reporting documents: Maintain and or cause to be maintained by the responsible party, project related record keeping, reporting documents, and updated contractor as- bulits for the respective project packages and associated work therein. 3. Prolect construction cost, phasing, and schedule: provide oversight and regular status updates of the overall construction cost and schedule for the respective project packages and associated phasing of work therein. 4. Provide QA /QC for conformity with contract documents: Observe and verify contractors' work is being completed according to plans and specifications to the extent of CM professional capacity, In coordination with City's contracted design and engineering professionals specialized In the specific discipline at hand. S. Facilitate meetings: Coordinate and facilitate meetings as needed for the proper coordination of work between the various team members, including but not limited to: contractors, engineers, designers, AHJ's, City staff, utilities, and inspectors. 6. Review & recommend for approval contractor nay requests: Review pay requests from contractors for consistency with work completed, accuracy of associated costs, proper documentation for lien releases, and make recommendations to City for processing payments. 7. Assist in dispute resolution:. Oversee and manage necessary meetings and documentation for the resolution of disputes between City and various entities as directed by the City, g. RFI submittal reviews, etc.: oversee the process by which project related RFI's and material and installation submittals are properly submitted and responded to in the Interest of maintaining quality assurance, schedule adherence, and overall project productivity, 9. Review change orders perform hepo_tiations and make recommendations to City: Receive and review change orders from the contractor(s) for entitlement, accuracy, and reasonable and fair compensation. (Make recommendations to the City for approval. 10, Coordinate third -party materials testing & review: Oversee the process by which third party testing and inspections are provided by the City, coordinated with the contractors, and properly documented. 11. LEER point management: Oversee City contracted LEED consultant and contractor for LEED Implementation and documentation. 12, FFg,E: Assist the City in the procurement and coordination of installation of Furnishings, Fixtures, and Equipment in the various facilities once completed. 19 of 27 Post ConstrUGUMI; Construction Manager shall provide project closeout services In concert with the City, including, but not limited to: 2. Post- construction services (ounchlist): Manage the process by which the design team inspects the quality of the installations, prepares a list of corrections (punchlist), and the contractor makes the necessary corrections Ina timely and efficient manner. 2. Project completion /acceptance: Assist the City in managing the process by which the contractor submits for and receives notice of substantial and final completion. 3. Coordinate as- bulits: Arrange for and cause to be assembled, final as -built construction documents between the contractor and the architect. q. Deliver Project warranties: training, 0&M'si Oversee and cause to be assembled or executed, final project warranties, training, and O&M manuals to the city and Its respective staff in accordance with plans and specifications. S. Final payment / project closeout: Review and assist the City In the final payment and contract closeout procedures. 20 of 27 EXHIBIT B SCHEDULE OF BILLING RATES Griffin Structures, Inc. Page B -1 21 of 27 I\10T 0 -1 -XC1 f D PEE PROPOSAL TO TI -11= CITY 01' NE-A PORT 13EACI -I 1701; IAAR:(PIA PART( Griffin Slnrclures, Inc.'s Fee Proposal Is based on all reasonable costs necessary to provide lire scope of services described In our Proposal and as Identified in the Clly's RPP. The fee Proposal Is integral with Ilia Work Proposal submilted and represents our Interpretation of the services requited by tasks outlined in the City's RFP. For these requisite services, Griffin proposes a Not -To- Exceed Fee of $1,199,1300.00 (One Million One Hundred and Ninety-Nine Thousand, Eight Hundred Sixty Dollars) and reimbursable expenses of $25,000.00 (Twonly Three Thousand Dollars). Refer to allached matrix identifying Ilia estimated hours and belling rates for all team members. This shall provide for Construction Management of the following scope packages: Demolition of the Mobile Home Park - Utility Undcrgroundng Marina Seawalls, Dredging, and Soil Remedialion Balboa Center - Buildings, - Roslroom Buildings, and Park, (including remaining demolition) Inslallalion of Docks Furniture, Fixture, and Equipmaol All proposer) hourly rates are fully burdened and include overhead, profil, insurance, taxes, and benefits. Rates are not subject to change during the anticipated period of services (March 2013 through February 2016). The hours Identified for each Individual employee and task are estimates only and are not to be. construed as not to exceed hours for any Individual task or phase. We reserve the right to reallocate hours belwean staff members and tasks In order to accomplish the overall objectives and requirements for the projecl within the overall Nol•to- Exceed Fee. ADD ALTERNATE —GIRL SCOUT FACILITIES_ CONSTRUCTION PHASE CM SERVICES For these requisite services, Griffin Structures, Inc. proposes a Not - To-Exceed Foo of $60,000,00 (Sixty Thousand Dallarsj. - Griffin is currently under contract directly with Iho Girl Scouls providing Pro. C0ISIRIC(i0a services for the planning, design, and pre - construction relatedaclivities (of the anticipated 5,000 GSF facility [hat will be constructed as par[ of the Marina Park projecl QUALIFICATIONS AND ASSUMPTIONS Our Fee Proposal is baser) on providing continuous Conslmction Management services for (36) months (March 2013 through February of 2016j. This schedule Is our Interpretation of Bid Queslon response dated 11130112, which stales, "The CM will need to consider the scope of work and propose the appropriate amount of (line for Ilse City to review." Griffin recognizes these stalling assuniplions may require revision In consultation will the City so as to provide the best value to the project. The durations are per the City's proposed schedule as Identified vrilhin the RFP. T'he follovring items are not included in the Fee Proposal: 1, Omsile trailer Initial, furniture, utilities, an(] sanitary facilities for our field staff (Construction Managers and Project Coordinators). We assume that offices will be provided as part of the conshuclion site hailer(s) being provident by the City's contractor. 2. Cost for all permits required for the projecl. It Is assumed [hat the City vAp pay for all ,permitting fees, assessnenls, easements, school fees; and other agency or govemmental lees or costs to Support the design and coilstruclion -the project. We have not Included any permit related lees williin our tee proposal, 0. Costs for City_ Building and Public Works inspections, surveying, construction slaking, solls compaction testing and Inspections, environmental and hazardous materials surveys, and all remedialimi costs: Services to he performed by the City or their desired outside consultant A. Software licenses or user fees for specific project management sollware being required by either the City or their conlraclor(s). 5. Cost of hulk bluuprinling for plans and specilicallons for use by the contractors mail subconlraclors. We assume all plans and specification reproduction costs vdll be, paid by the City directly. 6.- Wage Compliance Program including Codified Payroll auditing, geld interviews, or reporting. II is assumed that the City is contracting toe these services directly.. 7. Independent or third party testing companies Such as Roofing, Commissioning, Poor Revmws, LEED, or other specialized third party oversight services. 0. ON -Site manufaCknor; labricalion inspections. GRIFFIN STRUCTURES, INC.. f' rotes! err@ IegaEliiu; lionlJ miriliirn bn[Service:foitln;I)e.liVbpiel Ltitliiiil Purl; 11'ea I'lopo"ill 22 of 27 "n yam m U Q ";i t, LI .1yu Ai r: •'.. ..r °, +r u q tt m 11 m 11 p if AI �i�!)1 .oil. °I I .,:...L.I L.i. .;lol . e �...e - ie�: °I IS' i;) a � L jug not f NO, VIE g" I" P a h 1 , no " N filly Hill 11 11 No I a U AMA SAW all 1 Z I I J-1 I S rift U I 23 of 27 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Consultant agrees to provide insurance in accordance with requirements set forth here: If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable _ Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employers Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. 1.3.2 General Liability Insurance.- Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000;000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations; personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification ,limiting the scope_ of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 ,01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,0.00,000) combined single Limit each accident. Griffin Structures, Inc. Page C -1 24 of 27 1.3.4 Professional Liability (Errors & Omissions) hisurarice. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement: 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City; its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its SUbconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. 1.4:4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required- coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time = during the term of the Agreement to change the amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of Griffin Structures, Inc. Page C-2 25 of 27 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.- 3 Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.4 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.6.5 Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self - insured retentions be eliminated; lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall. have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by .City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. 1.5.7 Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's_ Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional hinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Griffin Structures, Inc. Page C -3 26 of 27 enhancement, new construction, stakeholder and public involvement, permitting, funding, and the necessity to adhere to a set schedule and budget. Their depth of experience allows them to develop accurate cost and schedule estimates and prepare effective improvement programs. As well, they have developed a reputation for the successful delivery of quality projects—on time and within budget —and are known for establishing professional relationships that endure. Their knowledgeable staff brings a thorough comprehension of parks and recreation facilities as well as the harsh marine environment, Its constraints, and lice local, stale and federal regulatory requirements that Impact projects such as the Newport Beach Marina Park project. TranSystems has worked extensively with the Slate Lands Commission, California Coastal Commission, U.S. Army Corps of Engineers, California Department of Boating and Waterways, California Department of Fish and Game, California Regional Water Quality Control Board and other agencies to facilitate the regulatory process for marine projects In California. Moreover, this adeptness and ease in leading projects through the maze of permitting requirements will benefit to the city of Newport Beach and the Marina Park project. The Team we propose for the Newport Beach Marina Park has the right combination of hands-on experience, local understanding, and technical competence. Our Team of professionals brings a full understanding of the City's scope of GRIFFIN STRUCTURES, INC. Frank Merllnez Executive W o Preald GRIFFIN STRUCTURES, Steven A. Schmuck Vlco Presrdont TRANSYSTEMS ATTACHMENT B work especially with our Marine specialists and our depth of park experience, bringing the city or Newport Beach the best staff available. Serving as the Construction Management Mn, Griffin will be responsible for the overall comprehensive construction management and project oversight services Involving, but not limited lo, managing and controlling schedules and cost during all phases of the project construction. Griffin will oversee all six submittal packages; though will directly manage submittal packages (1) demolition of the mobile home park; (di) utility undergrounding; (Iv) Balboa Center buildings, restroom buildings and park, (including remaining demolition of the frontage park and buildings); and (vi) Furniture, Fixture and Equipment (FF &E). Griffin's Team member TranSystems will manage submittal packages (iii) Marina Seawalls, Dredging, and Soil Remediation and (v) Installation of docks. The organizational chart, depleted on this page delineates the Team's structure, as well as communication and reporting relationships between the Griffin- Lyon Team members and the City. Each team member has a proven record in the execution of similar projects and Is committed to deliver the project on budget and on schedule. Resumes for the key Team members shown on the organization chart that includes their qualifications are presented in the "Experience" section. Gary Chubb GRIFFIN STRUCTURES, INC. "shoo Pdnlolconlxl Woughool M P,*,A Jon Hughes Robert Godfrey Glenn Estrella, LEED AP GRIFFIN STRUCTURES, INC. GRIFFIN STRUCTURES TRANSYSTEMS Pfgecl Packages Pro)Kt PMkagos 1. Maker Homo Park Demolition 3. Make, Sand Wails d 2.Undorground Uliligns DredgNg 4. Buildings, Resaooms & Perks 6. Docks S.FF&E Professional Construction Management Services for the Delivery of Marina Park 13 27 of 27