HomeMy WebLinkAbout12 - C-3527 - Balboa Village Phase 2 Construction Management ServicesOCTOBER 8, 2002
CITY COUNCIL AGENDA
ITEM NO. 12
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION
MANAGEMENT SERVICES FOR BALBOA VILLAGE PHASE 2
IMPROVEMENTS, CONTRACT NO. 3527 AND OTHER CAPITAL
IMPROVEMENT PROJECTS.
RECOMMENDATION:
Approve a $257,000 Professional Services Agreement with Harris & Associates to
provide construction management, inspection, and materials testing for the Balboa
Village Phase 2 project ($178,000) and other Capital Improvement Projects
($79,000), and authorize the Mayor and the City Clerk to execute the Agreement.
DISCUSSION:
Harris & Associates provided a full -time site engineer and full -time inspector for the
construction management of the Balboa Village Phase 1 improvements, the Balboa
Pier Restroom and the Washington Street Restroom. Because there will be a
reduced workload this year (Phase 2 of the Balboa Village project is a smaller project
than Phase 1) and there is no restroom construction, Staff recommends Harris &
Associates provide a part-time site engineer and a part-time inspector for the Phase
2 work. The City would utilize the remaining portion of the inspector's time on other
street and utility capital improvement projects in the area.
Phase 2 Balboa Village Improvements
Phase 2 of the project will link with the improvements constructed in Phase 1 and will
install new pavement and landscaping on Oceanfront, Main Street, Washington
Street, and Palm Street.
Main Street (from the Pier Plaza to the Balboa Pavilion)
Washington and Palm Streets (from Oceanfront to Balboa Boulevard)
Oceanfront (from A Street to Adams Street)
SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR
BALBOA VILLAGE PHASE 2 IMPROVEMENTS, CONTRACT NO. 3527 AND OTHER CAPITAL
IMPROVEMENT PROJECTS.
October 8, 2002
Page 2
Additionally, new streetlights will be installed on Edgewater, East Bay Avenue, and
Washington Street - north of Balboa Boulevard. A water main will be constructed in
the alley behind the Theatre from Main Street to Palm Street.
Phase 2 is scheduled to start in October 2002, and be completed by May 30, 2003.
Harris & Associates will provide the following construction management oversight
services:
• Ensuring the contractor maintains a safe worksite
• Ensuring that the contactor maintains pedestrian and delivery access into
businesses
• Ensuring traffic control measures are safe and effective
• Monitoring contractor progress in meeting the project schedule
• Observing, monitoring, and inspecting construction activities including
performing material testing
• Monitoring design changes and change orders to control cost overruns
• Keeping the public informed of lane closures and sidewalk and driveway
construction
• Monitoring the control of dust, noise, and odor nuisances
In addition to managing the Phase 2 construction, Harris & Associates will be the first
point of contact for community comments and complaints and will maintain a 24 -hour
hotline.
Harris & Associates will also assist with coordination of the Phase 2 improvements
with several other projects that will be constructed concurrently in the Village area
including:
• Installation of a Southern California Edison vault in Main Street (October, 2002)
• Reconstruction of the sewer pump station on Balboa Boulevard at 'A' Street
(starting in February 2003)
Other Capital Improvement Projects
Approximately fifty percent of Harris & Associates' inspectors time is projected to be
spent on several of the following budgeted capital improvements projects from
October 2002 to June 2003 with the inspector's time billed to the appropriated project
accounts.
• Balboa Island Bayfront Repairs
• Ocean Front Street Ends
• Bayshores Water Main Installation
• Peninsula Point Water Main Installation
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SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR
BALBOA VILLAGE PHASE 2 IMPROVEMENTS, CONTRACT NO. 3527 AND OTHER CAPITAL
IMPROVEMENT PROJECTS.
October 8, 2002
Page 3
• Balboa Island Pavement Repair
• Bayside Drive Pavement Repair
• Newport Heights Alley Project
For these projects, the Harris & Associates' inspector would report to the City's
Construction Engineer.
Funding for the Balboa Village Phase 2 improvements is available in the following
account:
Description Account No. Amount
Balboa Village Plan 7024- C5100543 $178,000
Funding for the inspection services for the other projects will be funded from the
respective project accounts as determined at a later date, when the project is under
construction.
Respectfully su
IRKS DEPARTMENT
Badum, Director .
By:
Robert Stein, P.E.
Project Manager
Attachment: Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
FOR CONSTRUCTION MANAGEMENT SERVICES
FOR BALBOA VILLAGE IMPROVEMENTS PHASE 2
AND INSPECTION SERVICES FOR OTHER
CAPITAL IMPROVEMENT PROJECTS
THIS AGREEMENT, entered into this day of , 2002, by and between
the City of Newport Beach, a Municipal Corporation (hereinafter referred to as "City "), and
Harris & Associates, whose address is 34 Executive Park, Suite 150, Irvine, California,
92614, (hereinafter referred to as "Consultant "), 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 is planning to implement part-time construction management services for the
"Balboa Village Improvement Project. Phase 2, and inspection services for other
Capital Improvement Projects (CIP)," hereinafter referred to as 'Project."
C. The principal member of Consultant for purpose of Project is Dave Seevers,
P.E., Vice President, and CM Manager.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
contract with Consultant under the terms and conditions provided in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
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1. TERM
The term of this Agreement shall commence on the 25th day of September 2002,
and shall terminate on the 25th day of September 2003, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the duties set forth in the scope of services,
attached hereto as Exhibit "A' and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services in accordance with the provisions of this
Section and the scheduled billing rates set forth in Exhibit "B" attached hereto and incorporated
herein by reference. No rate changes shall be made during the term of this Agreement without
prior written approval of City. Consultant's compensation for all work performed in accordance
with this Agreement shall not exceed the total contract price of two hundred fifty seven
thousand and 001100 Dollars ($257,000).
3.1 Consultant shall maintain accounting records of its billings which includes the
name of the employee, type of work performed, times and dates of all work which is billed on
an hourly basis and all approved incidental expenses including reproductions, computer
printing, postage and mileage.
3.2 Consultant shall submit monthly progress invoices to City payable by City within
thirty (30) days of receipt of invoice.
3.3 Consultant shall not receive any compensation for extra work without prior written
authorization of City. Any authorized compensation shall be paid in accordance with the
schedule of the billing rates as set forth in Exhibit "B ".
3.4 City shall reimburse Consultant only for those costs or expenses which have
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been specifically approved in this Agreement, or specifically approved in advance by City.
Such cost shall be limited and shall include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the services which
Consultant agrees to render pursuant to this Agreement which have been
approved in advance by City and awarded in accordance with the terms and
conditions of this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically authorized in
advance in writing and incurred by Consultant in the performance of this
Agreement.
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical personnel
required to perform the services required by this Agreement and that it will perform all services
in a manner commensurate with the community professional standards. All services shall be
performed by qualified and experienced personnel who are not employed by City nor have any
contractual relationship with City. Consultant represents to City that it has or shall obtain all
licenses, permits, qualifications and approvals required of its profession. Consultant further
represents that it shall keep in effect all such licenses, permits and other approvals during the
term of this Agreement.
4.2 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, failure of City to furnish timely information or to promptly approve or
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disapprove Consultant's work, delay or faulty performance by City, contractors, or
governmental agencies, or any other delays beyond Consultant's control.
4.3 The term Construction Management, Construction Manager, or Construction
Inspector, does not imply that Consultant is engaged in any aspect of the physical work of
construction contracting. Consultant shall not have control over or charge of, and shall not be
responsible for Project's design, Projects contractor (hereinafter referred to as "Contractor"),
construction means, methods, techniques, sequences or procedures, or for any health or
safety precautions and programs in connection the work. These duties are and shall remain
the sole responsibility of the Contractor. Consultant shall not be responsible for the
Contractor's schedules or failure to carry out the work in accordance with the contract
documents. Consultant shall not have control over or charge of acts or omissions of City,
Design Engineer, Contractor, Subcontractors, or their Agents or employees, or of any other
persons performing portions of the work.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
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. Nothing in this Agreement shall be deemed to constitute
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 details and means of
performing the work provided that Consultant is in compliance with the terms of this
Agreement. Anything in this Agreement which may appear to give City the right to direct
Consultant as to the details of the performance of the services or to exercise a measure of
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control over Consultant shall mean that Consultant shall follow the desires of City only in the
results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies which may have jurisdiction or interest in the work to be
performed. City agrees to cooperate with Consultant on Project.
7. PROJECT MANAGER
Consultant shall assign the Balboa Village Phase 2 Project to a Project Manager, who
shall coordinate all phases of Project. This Project Manager shall be available to City at all
reasonable times during term of Project. Consultant has designated Omar M. Dandashi, P.E.,
to be its Project Manager. Consultant shall not bill any personnel to Project other than those
personnel identified in Exhibit "B ", whether or not considered to be key personnel, without City's
prior written approval by name and specific hourly billing rate. Consultant shall not remove or
reassign any personnel designated in this Section or assign any new or replacement person to
Project without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its personnel
assigned to the performance of services upon written request of City. Consultant warrants it will
continuously furnish the necessary personnel to complete Project on a timely basis as
contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement and the
services shall be performed by Consultant to complete by May 30, 2003. The failure by
Consultant to strictly adhere to the schedule may result in termination of this Agreement by
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City. Notwithstanding the foregoing, Consultant shall not be responsible for delays which are
due to causes beyond Consultant's reasonable control. However, in the case of any such
delay in the services to be provided for Project, each party hereby agrees to provide notice to
the other party so that all delays can be addressed.
8.1 Consultant shall submit all requests for extensions of time for performance in
writing to the Project Administrator not later than ten (10) calendar days after the start of the
condition which purportedly causes a delay, but not later than the date upon which
performance is due. The Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays which are beyond Consultant's control.
8.2 For all time periods not specifically set forth herein, Consultant shall respond in
the most expedient and appropriate manner under the circumstances by telephone, fax, hand
delivery or mail.
9. CITY POLICY
Consultant shall discuss and review all matters relating to policy and project direction
with the Project Administrator in advance of all critical decision points in order to ensure that
Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator or his duly authorized
designee informed on a regular basis regarding the status and progress of the work, activities
performed and planned, and any meetings that have been scheduled or are desired.
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12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss, damages,
liability, claims, allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, or any other claims arising from any and all negligent acts or omissions of
Consultant, its employees, agents or subcontractors in the performance of services or work
conducted or performed pursuant to this Agreement, excepting only the active negligence or
willful misconduct of City, its officers or employees, and shall include attorneys' fees and all
other costs incurred in defending any such claim. 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.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of work,
Consultant shall obtain and provide and maintain at its own expense during the term of this
Agreement policy or policies of liability insurance of the type and amounts described below and
satisfactory to City. Certification of all required policies shall be signed by a person authorized
by that insurer to bind coverage on its behalf and must be filed with City prior to exercising any
right or performing any work pursuant to this Agreement. Except workers compensation and
errors and omissions, all insurance policies shall add City, it's elected officials, officers, and
employees as additional insured for all liability arising from Consultant's services as described
herein.
Insurance policies with original endorsements indemnifying Project for the following
coverages shall be issued by companies admitted to do business in the State of California and
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assigned Best's A -VII or better rating:
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks, including
without limitation, contractual liability, in a minimum amount of $1 million
combined single limit per occurrence for bodily injury, personal injury and
property damage. If commercial general liability insurance or other form with a
general aggregate is used, either the general aggregate shall apply separately to
this Project, or the general aggregate limit shall be twice the occurrence limit.
C. Commercial auto liability and property insurance covering any owned and rented
vehicles of Consultant in a minimum amount of $1 million combined single limit
per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the services to be
performed in connection with this Agreement in the minimum amount of one
million dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be canceled by
either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of
Consultant's operation hereunder. Consultant shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of
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any insurer providing comprehensive general and automotive liability insurance to either
Consultant or City with respect to the services of Consultant herein, a waiver of any right of
subrogation which any such insurer of said Consultant may acquire against City by virtue of the
payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Neither party shall assign, sublease, hypothecate or transfer this Agreement or any of
the services to be performed under this Agreement, directly or indirectly, by operation of law or
otherwise without prior written consent of both parties. Any attempt to do so without consent of
both parties shall be null and void.
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 co- tenant if Consultant is a partnership orjoint- venture or syndicate or co-
tenancy, which shall result in changing the control of Consultant, shall be construed as an
assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power,
or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint-
venture.
The rights and benefits under this agreement are for the sole and exclusive benefit o
Client and Consultant and it shall not be construed that any third party has interest in this
agreement.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with
this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant pursuant to
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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 as 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.
Consultant shall, at such time and in such forms as City may require, furnish reports
concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of his responsibilities under this
Agreement, City agrees to provide the following:
A. City will provide access to and upon request of Consultant, provide one copy of
all existing record information on file at City. Consultant shall be entitled to rely
upon the accuracy of data information provided by City or others without
independent review or evaluation. City will provide all such materials in a timely
manner so as not to cause delays in Consultant's work schedule.
B. City staff will provide usable life of facilities criteria and provide information with
regards to deficient facilities.
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18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Bill Patapoff,
P.E. shall be considered the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his authorized representative shall
represent City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
19. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect
to the costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow a representative of City during normal business hours to examine, audit
and make transcripts or copies of such records. 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 under this Agreement.
20. WITHHOLDINGS
City may withhold payment 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 for a period of
thirty (30) days from the date of withholding as a result of such withholding. Consultant shall
have an immediate right to appeal to the City Manager or his designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate
of seven percent (7 %) per annum from the date of withholding of any amounts found to have
been improperly withheld.
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21. 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 would have resulted if
there were not errors or omissions in the work accomplished by Consultant, the additional
design, construction and /or a restoration expense shall be bome by Consultant. Nothing in this
paragraph is intended to limit City's rights under any other sections of this Agreement.
22. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
23. CONFLICTS OF INTEREST
A. 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 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.
B. 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 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.
24. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in this
Agreement shall not be assigned, transferred, contracted or subcontracted without prior written
approval of City.
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25. NOTICES
All notices, demands, requests or approvals to be given under 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:
Mr. Bill Patapoff, City Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
(949) 644 -3311 Fax (949) 644 -3318
All notices, demands, requests or approvals from City to Consultant shall be addressed
to Consultant at: Attention: Mr. Omar Dandashi, P.E.
Hams & Associates
34 Executive Park, Suite 150
Irvine, CA 92614 -4705
949 - 655 -3900 949 - 655 -3995
26. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, 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) days, or if
more than two (2) days are reasonably required to cure the default and the defaulting party fails
to give adequate assurance of due performance within two (2) days after receipt by defaulting
party from the other party of written notice of default, specifying the nature of such default and
the steps necessary to cure such default, the nondefaulting party may terminate the Agreement
forthwith by giving to the defaulting party written notice thereof.
26.1 Gity Either party shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
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provided herein. Upon termination of this Agreement, City shall pay to Consultant that portion of
compensation specified in this Agreement that is earned and paid prior to the effective date of
termination.
27. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
28. 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. 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 hereon. Any modification of this Agreement will be effective only
by written execution signed by both City and Consultant.
30. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and employees
against liability, including costs, for infringement of any United States' letters patent, trademark,
or copyright infringement, including costs, contained in Consultant's submittals provided under
this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
By:
LaVonne Harkless
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor Tod W. Ridgeway
City of Newport Beach
HARRIS & ASSOCIATES
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SCOPE OF SERVICES
Balboa Village Phase II
2.2 PRE - CONSTRUCTION PHASE SERVICES
2.2.01 Pre - Construction Conference — HARRIS in conjunction with the CLIENTshall organize,
schedule and attend and record the pre - construction conference prior to the start of any
field activities.
2.2.02 Establish and Setup Project Field Office— Priorto the start of construction HARRIS will
setup a field office in close proximity to the project site. As part of the field office setup
HARRIS will establish the project communication, document control and filing systems. As
part of project setup HARRIS will establish email system for communication with the
CLIENT.
2.3 CONSTRUCTION PHASE SERVICES
2.3.01 On -Site Management & Construction Phase Communication Procedures- HARRIS
shall provide and maintain a part-time management team on the Project site to provide
contract administration as an agent of the CLIENT, and HARRIS shall establish and
implement coordination and communication procedures among CLIENT, HARRIS, Design
Professional and Contractor.
2.3.02 Construction Administration Procedures - HARRIS shall establish and implement
procedures for reviewing and processing request for clarifications and interpretations of
the Contract Documents; shop drawings, samples and other submittals; contract schedule
adjustments; change order proposals; written proposals for substitutions; payment
applications; and the maintenance of logs. As the CLIENT's representative at the
construction site, HARRIS shall be the party to whom all such information shall be
submitted.
2.3.03 Review of Requests for Information, Shop Drawings, Samples & Other Submittals
HARRIS shall review the Contractors' requests for information, shop drawings, samples
and other submittals to determine the anticipated effect on compliance with the Project
requirements and the Project and Construction Budget. HARRIS shall forward to the
Design Professional for review the request for clarification or interpretation, shop drawing,
sample, or other submittal, along with HARRIS' comments. HARRIS' comments shall not
relate to design considerations, but ratherto matters of constructability, cost, sequencing,
scheduling and time of construction, and clarity, consistency, and coordination in
documentation. HARRIS shall receive from the Design Professional, and transmitto the
Contractor, all information so received from the Design Professional.
2.3.04 Change Order Preparation, Negotiation and Processing - Establish, implement and
coordinate systems for processing all contract change orders. Prepare independent cost
estimate for all contract change orders. Negotiate all contract change orders with the
Contractor. Prepare contract change order document for execution by Contractor and
CLIENT.
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2.3.05 Change Order Report s - HARRIS shall periodically prepare and distribute Change Order
Reports during the Contraction Phase. The Report shall list all CLIENT = approved change
orders by number, a brief description of the change order work, the cost established in the
change order and percent of completion of the change order work.
2.3.06 Minor Variations in the Work - HARRIS may authorize minor variations in the Work from
the requirements of the contract Documents that do not involve an adjustment in the
contract price or the contract time and which are consistent with the overall intent of the
Contract Documents. CLIENT shall provide to the Design Professional copies of such
authorizations.
2.3.07 Contractor's Construction Schedule - HARRIS shall review each Contractor's
Construction Schedule and shall verify that the schedule is prepared in accordance with
the requirements of the Contract Documents and that it establishes completion dates that
comply with the requirements of the Contract.
2.3.08 Progress Payments - HARRIS shall review the payment applications submitted by each
Contractor and determine whether the amount requested reflects the progress of the
Contractor's work. HARRIS shall make appropriate adjustments to each payment
application and shall prepare and forward to the CLIENT a Progress Payment Report.
The Report shall state the total contract price, payments to date, current payment
requested, retainage and actual amounts owed for the current period.
2.3.09 Quality Review - HARRIS shall establish and implementa program to monitorthe quality
of the construction. The purpose of the program shall be to assist in guarding the CLIENT
against defects and deficiency in the Work of the Contractors. HARRIS shall reject Work
and transmit to the CLIENT and Contractor a notice of nonconforming Work when it is the
opinion of HARRIS, CLIENT or Design Professional that the Work does not conform to the
requirements of the Contract Documents. Except for minor variations, HARRIS is not
authorized to change, revoke, alter, enlarge, relax or release any requirements of the
Contract Documents or to approve or accept any portion of the work not performed in
accordance with the Contract Documents. Communication between HARRIS and
Contractor with regard to Quality Review shall not in any way be construed as binding
CLIENT or HARRIS as releasing the Contractor from the fulfillment of any of the terms of
his Contract Documents. HARRIS will not be responsible for, nor does HARRIS control,
the means, methods, techniques, sequences and procedures of construction for the
Project. It is understood that HARRIS' action in providing Quality Review as stated herein
is a service to the CLIENT and by performing as provided herein, HARRIS is not acting in
a manner so as to assume responsibility or liability, in whole or in part, for all or any part of
the construction work for the Project. No action taken by HARRIS shall relieve any or all
of the Contractors from their obligation to perform their work in strict conformity with the
Contract Documents and in strict conformity with all other applicable laws, rules and
regulations.
2.3.10 Photographs and Videos - Provide videotape and photographic documentation of project
- site prior to and during construction.
2.3.11 Review "As- Built" Drawings - Review set of contract documents maintained by the
Contractor with up -to -date information regarding all addendum, substitutions, clarifications
and change orders and confirm information is maintained completely and currently.
Q
2.3.12 Subsurface & Physical Conditions - Whenever the Contractor notifies HARRIS that a
surface or subsurface condition at or contiguous to the site is encountered that differs from
what the Contractor is entitled to rely upon or from what is indicated or referred to in the
Contract Documents, orthat may require a change in the Contract Documents, HARRIS
shall notify the Design Professional. HARRIS shall receive from the Design Professional
and transmit to the Contractor all information necessary to reflect any design changes
required to be responsive to the differing or changed condition and, if necessary, shall
prepare a change order.
2.3.13 Field Inspection - Provide part-time detailed field inspection services to verify compliance
with the contract documents.
2.3.14 Field Testing - Test installed materials to verify compliance with contract documents.
2.3.15 Laboratory Testing - Utilizing laboratory methods, test construction materials to verify
compliance with contract documents.
2.3.16 Quality Control Surveying - Provide as needed quality control surveys to verify lines and
grades with contract documents.
2.3.17 Contractor's Safety Program - CLIENT shall require each Contractor that will perform
Work at the site to prepare and submit to HARRIS for general review a safety program, as
required by the Contact Documents. HARRIS shall not be responsible for any
Contractor's implementation of or compliance with its safety programs or for initiating,
maintaining, monitoring or supervising the implementation of such programs or the
procedures and precautions associated therewith, or for the coordination of any of the
above with the other prime Contractors performing the work at the site. HARRIS shall not
be responsible for the adequacy or completeness of any Contractor's safety programs,
procedures or precautions.
HARRIS shall notify Contractor of safety problems. HARRIS shall direct Contractor to
suspend work if imminent hazard is not immediately remedied or a dangerous condition
persists.
2.3.18 Traffic Control and Public Safety — HARRIS shall monitor all traffic control and public
safety plans for compliance with the plan approved by the CLIENT. Assist the CLIENT in
the review of detour, lane closures, temporary access, signing, delineation and traffic
control plans. Report deficiencies to contractor.
2.4 OVERTIME FIELD SERVICES
2.4.01 Overtime Field Inspection - HARRIS shall provide overtime field inspection services as
authorized.
2.4.02 Overtime Field Testing - HARRIS shall provide overtime field testing services as
authorized.
2(
2.4.03 Overtime Laboratory Testing - HARRIS shall provide overtime laboratory testing
services as authorized.
2.4.04 Overtime Surveying - HARRIS shall provide overtime surveying services as needed.
2.5 FINAL ACCEPTANCE /CLOSEOUT SERVICES
2.5.01 Final Inspection and Punchlist - HARRIS shall provide final inspection and prepare list
of project construction deficiencies for resolution by Contractor.
2.5.02 Construction Approval /Acceptance -HARRIS shall make recommendations to CLIENT
regarding final project approval and acceptance.
2.5.03 Final Payment -HARRIS shall make recommendations to CLIENT regarding Contractor's
final progress payment request. Prepare final progress payment report for submission to
CLIENT.
2.5.04 Project Closeout - HARRIS shall prepare documentation needed for project closeout.
Deliver all project documentation to CLIENT.
2.5.05 Final Report - HARRIS shall provide CLIENT with a project final report that includes the
following:
A financial summary of the construction contracts, change orders, engineering services,
project management services and direct purchase items.
• summary of project change orders.
• construction summary and schedule review.
• summary of final acceptance.
• review and report on the general contractor, subcontractors and major equipment
suppliers.
SCOPE OF SERVICES
Other Capital Improvement Projects
2.3 CONSTRUCTION PHASE SERVICES
2.3.01 Progress Payments - HARRIS shall review the payment applications submitted by each
Contractor and determine whether the amount requested reflects the progress of the
Contractor's work. HARRIS shall make appropriate adjustments to each payment
application and shall forward to the CLIENT the Progress Payment request.
2.3.02 Quality Review - HARRIS shall establish and implement a program to monitor the quality
of the construction. The purpose of the program shall be to assist in guarding the CLIENT
against defects and deficiency in the Work of the Contractors. HARRIS shall reject Work
and transmit to the CLIENT and Contractor a notice of nonconforming Workwhen it is the
22
opinion of HARRIS, CLIENT or Design Professional that the Work does not conform to the
requirements of the Contract Documents. Except for minor variations, HARRIS is not
authorized to change, revoke, alter, enlarge, relax or release any requirements of the
Contract Documents or to approve or accept any portion of the work not performed in
accordance with the Contract Documents. Communication between HARRIS and
Contractor with regard to Quality Review shall not in any way be construed as binding
CLIENT or HARRIS as releasing the Contractorfrom the fulfillment of any of the terms of
his Contract Documents. HARRIS will not be responsible for, nor does HARRIS control,
the means, methods, techniques, sequences and procedures of construction for the
Project. It is understood that HARRIS' action in providing Quality Review as stated herein
is a service to the CLIENT and by performing as provided herein, HARRIS is not acting in
a manner so as to assume responsibility or liability, in whole or in part, for all or any part of
the construction work for the Project. No action taken by HARRIS shall relieve any or all
of the Contractors from their obligation to perform their work in strict conformity with the
Contract Documents and in strict conformity with all other applicable laws, rules and
regulations.
2.3.03 Subsurface & Physical Conditions - Whenever the Contractor notifies HARRIS that a
surface orsubsurface condition at or contiguous to the site is encountered that differs from
what the Contractor is entitled to rely upon or from what is indicated or referred to in the
Contract Documents, or that may require a change in the Contract Documents, HARRIS
shall notify the Design Professional. HARRIS shall receive from the Design Professional
and transmit to the Contractor all information necessary to reflect any design changes
required to be responsive to the differing or changed condition and, if necessary, shall
prepare a change order.
2.3.04 Field Inspection - Provide part-time detailed field inspection services to verify compliance
with the contract documents. Provide daily report to CLIENT.
2.3.05 Contractor's Safety Program - CLIENT shall require each Contractor that will perform
Work atthe site to prepare and submit to HARRIS for general review a safety program, as
required by the Contact Documents. HARRIS shall not be responsible for any
Contractor's implementation of or compliance with its safety programs or for initiating,
maintaining, monitoring or supervising the implementation of such programs or the
procedures and precautions associated therewith, or for the coordination of any of the
above with the other prime Contractors performing the work at the site. HARRIS shall not
be responsible for the adequacy or completeness of any Contractor's safety programs,
procedures or precautions.
HARRIS shall notify Contractor of safety problems. HARRIS shall direct Contractor to
suspend work if imminent hazard is not immediately remedied or a dangerous condition
persists.
2.3.06 Traffic Control and Public Safety — HARRIS shall monitor all traffic control and public
safety plans for compliance with the plan approved by the CLIENT. Assist the CLIENT in
the review of detour, lane closures, temporary access, signing, delineation and traffic
control plans. Report deficiencies to contractor.
F .,\USERS\PBMShared\Agmements\FY 02- 03\Harris Scope of work.doc
;R$
EXHIBIT B
Project Fee (part-time services)
Newport Beach Balboa Village Phase II
revised 912UW
Harris &Associates
Full Time Hours
Assumptions:
Holidays: 022EPg2. 11NOV02.21NOV02.22NOV02. 25DECO2. 01JAN03.23MAY03, 04JUL02
Constmction cost is saturated at $2.5 million.
Construction durallon estimated a1206 180 working days, with award in AagumSeptember 2oo2 and NTP on September &30, 2002.
Assumes Construction Manager 40% commitment to project (approximately 16 hours per 40 hour week)
Construction Managers mmmibnent to be 2 - 8 hour days per week
Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day)
Assumes City will provide a minimum of 2 hours/day additional project inspection duties via separate contract
Minimum 2 IoursMay additional wAt be compensated at hourly rate stipulated in this proposal
Overtime. Rain. Holidays, and potential time extensions may result in additional Conn aion Management Services.
This cost estimate provides an estimate of the cost of the PART TIME construction management services based upon an assumed schedule
of construction that may differ from the actual schedule.
to this estimate may be required.
Specs Scope and Tasks to be performed will attached to the contract.
The Professional Services Contract shall include a provision giving Harris the right to Terminate the Agreement at its convenience.
At the end of the second month of construction and each susequent month Harris will evaluate the level of effort required vs this estimated budget and meet with the City
Material Testing and Survey cast estimates are subject to adjustment when the final scope ofcoustruction is determined.
Other Capital Improvement Projects
reused 9/20102
2002
002
203
AuqjSpIOd1NovJDec
Se
O
N
I Feb
AV
Are
I Mavi
Jun Jul
Task 1 - Pra{onstruction
Task 2 - Construction
Task 3 •Pro ecl Close Om
Staffing Plan
20M
2003
ProjecTatas
Staffing Plan
2002
1 200
1 P 'ed Totes
Oct
Utilization
%
Hourly
Au
Up
Oct
Nov
Dec
Jan
Feb
MarlApr
Ma
Jun
Jul
I Tolel
Pr act Director
170.00
Pm)ect Director
1
1 0
1 0.00
ComWCtim Mana er
152.00
0
0.00
Construction Manaer
0
0
0
0
74
58
64
70
64
67
70
67
40
100.00
574
8]308.80
Assistant ConstuNon Mare er
0
0
0
0
0
0
0
0
0
0
0
0
105.00
0
0.00
Construction In ctor
81
90
99
0
104
81
90
99
90
94.5
09
94.5
20
65.00
771.5
8t 007.0
Contract Administration l Labor dame
0
0.00
Public R¢latiore
105.00
0.00
Public RelBWrs
4170.W
0
0.00
Matenals Testa : NINYOB MORE
5.000.00
0
0.00
Matera5Testi= NINYOB MOORE
0.00
SUrm : COAST SURVEYING
5.000.00
5000.00
Surve: COAST SURVEYING
0.00
5.000.00
Total
0
0
Total
tit
90
99
0
177
139
154
169
154
162
169
162
60
0
$178316.30
3.16%
7.13%
Full Time Hours
Assumptions:
Holidays: 022EPg2. 11NOV02.21NOV02.22NOV02. 25DECO2. 01JAN03.23MAY03, 04JUL02
Constmction cost is saturated at $2.5 million.
Construction durallon estimated a1206 180 working days, with award in AagumSeptember 2oo2 and NTP on September &30, 2002.
Assumes Construction Manager 40% commitment to project (approximately 16 hours per 40 hour week)
Construction Managers mmmibnent to be 2 - 8 hour days per week
Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day)
Assumes City will provide a minimum of 2 hours/day additional project inspection duties via separate contract
Minimum 2 IoursMay additional wAt be compensated at hourly rate stipulated in this proposal
Overtime. Rain. Holidays, and potential time extensions may result in additional Conn aion Management Services.
This cost estimate provides an estimate of the cost of the PART TIME construction management services based upon an assumed schedule
of construction that may differ from the actual schedule.
to this estimate may be required.
Specs Scope and Tasks to be performed will attached to the contract.
The Professional Services Contract shall include a provision giving Harris the right to Terminate the Agreement at its convenience.
At the end of the second month of construction and each susequent month Harris will evaluate the level of effort required vs this estimated budget and meet with the City
Material Testing and Survey cast estimates are subject to adjustment when the final scope ofcoustruction is determined.
Other Capital Improvement Projects
reused 9/20102
2002
2003
AuqjSpIOd1NovJDec
Jan
I Feb
Mar
AV
May
Jun
Jul
Task 1 - lmotonstructiun
Task 2 - Construction
Task 3 -Pro' ol Close OUt
Staffing Plan
20M
2003
ProjecTatas
utlllzation
%
Hourly
Rate
Aug
Sap
Oct
I Novi
Dec
Jan
Feb
Mar
Apr
Mayl
Jun
Jul
I Torre
Pr act Director
170.00
1
1
1 0
1 0.00
ComWCtim Mana er
152.00
0
0
0
0
0
0
0
0
0
0
0
0
0.00
Assistant Coretruction Manager
100.00
0
0
0
0
0
0
0
0
0
0
0.00
Construction inspector
105.00
0
104
81
90
99
90
94.5
99
94.5
751.5
78.907.50
Contract Administration /LaborCm lance
65.00
0
0.00
Public R¢latiore
105.00
0
0.00
Matenals Testa : NINYOB MORE
5.000.00
0.00
SUrm : COAST SURVEYING
5.000.00
0.00
Total
0
0
104
tit
90
99
90
94.5
99
94.5
0
0
$78.907.0
3.16%
Full Time tours
Assumptions:
Hullday5:02SEP02. 11NOV02 .21NOV02.22NOV02,25DEC22, 01JAN03.23MAY03. 04JUL02
ConsWction cost is estimated at $2.5 million.
Construction duration estimated at 100 working days
Assumes contract administration by City
Assumes Construction Inspection 50% commitment to project (approximately 4.5 hours per day)
OveMme. Rein, Holidays. and potential time extensions may result in additional Construction Management Services.
This cost estimate provides an estimate of ibe cost of the PART TIME construction inspector.
to this estimate may be required.
Specific Scope and Tasks are provided in Exhibit A
Total Fee: $257.223.80
A4