HomeMy WebLinkAboutGAFCON, INC. - 2006-07-03AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
GAFCON, INC.
THIS AMENDMENT is made and entered into by and between_ the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City",.
and GAFCON, INC., a California corporation, hereinafter referred to as "Consultant."
WHEREAS, City and Consultant are parties to that certain agreement, dated July 3, 2006,
entitled "Professional Services Contract Between the City of Huntington Beach and Gafcon, Inc.,
for Construction Management Services in Connection with Emerald Cove Apartment Company
Repair Project — Phase II," which agreement shall hereinafter be referred to as the "Original
Agreement," and
City and Consultant wish to amend the Original Agreement to extend the Term and set
forth additional compensation to be paid in consideration thereof,
NOW, THEREFORE, it is agreed by City and Consultant as follows:
1. EXTENSION OF TERM
The Term of the Original Agreement is hereby extended and shall now expire on
February 28, 2008, unless sooner terminated as set forth therein.
2. STATEMENT OF ADDITIONAL WORK AND COMPENSATION
The purpose of this extension is to allow Consultant to complete all duties, tasks
and obligations as set forth in the Original Agreement. Consultant shall receive additional
compensation, not to exceed Thirteen Thousand Dollars ($13,000.00), payable as set forth in the
Original Agreement.
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the
Original Agreement shall remain in full force and effect.
07-1377/17359
IN WITNESS WHEREOF, the parties heret have caused this Agreement to be executed
by and through their authorized officers on 8 , 2008.
GAFCON INC., a California corporation CITY OF HUNTINGTON BEArl, a
municipal corporation of the S to of
Cali is
By:
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ITS: (circle one) Chainnandresiden ice President Mayor
AND
By: /1, 4
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,�ITTS�: (circle one) Secretary hief Financi
"liost. Secretary - Treasurer
City
APPROVED AS TO FORM:
ity Attorney _.�0
INITIATED AND APPROVED:
Director of E ' omic Devel pment
City Administrator
07-1377/17359 2
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Council/Agency Meeting Held: 3
Deferred/Continued to:W44
-'Approved ❑ Conditionally Approved ❑ Denied
2006 J
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boO i Cle s Si turlou ' " -` G T O
Council Meeting Date: 7/3/2006
Departm ID Number: ED 06-02
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY CO NCIL MEMBERS
SUBMITTED BY: PENEL CU RETH-GRAFT, DPA, ADMINISTRATOR
PREPARED BY: STANLEY SMALEWITZ, DIRECTOR OF ECONOMIC
DEVELOPMENT
SUBJECT: APPROVAL OF TWO PROFESSIONAL SERVICES CONTRACTS WITH
GAFCON, INC. FOR REHABILITATION CONSTRUCTION MANAGEMENT
AT EMERALD COVE SENIOR APARTMENTS
Statement of Issue, Funding Source, Recommended Action, Alterative Action(s), Analysis, Environmental Status, Attachment(s)
q 4: 31
Statement of Issue: Submitted for Council consideration are two Professional Services
Contracts with Gafcon, Inc. for Rehabilitation Management Services at the City -owned
Emerald Cove Senior Apartments (18191 Parktree Circle). The first proposed contract
covers only Phase One of the rehabilitation project, which will include procurement of
rehabilitation plans, contractor bids, and construction contracts. The second proposed
contract covers Phase Two of the project, which will include Construction Management
Services.
Funding Source: $13,735 for Phase One and $47,600 for Phase Two from the Emerald
Cove Enterprise Fund budgeted in FY 2005/2006, account 50380101-64570.
Recommended Action: Motion to:
1. Approve the Professional Services Contract Between the City of Huntington Beach and
Gafcon, Inc. for Construction Management Services in Connection with Emerald Cove
Apartments Complex Repair Project — Phase i.
2. Approve the Professional Services Contract Between the City of Huntington Beach and
Gafcon, Inc. for Construction Management Services in Connection with Emerald Cove
Apartments Complex Repair Project — Phase li.
Alternative Action(s): Add, delete, or modify any of the above recommendations.
� -9
REQUEST FOR ACTION
MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER:ED 06-02
Analysis: In 1984, the Redevelopment Agency built the Emerald Cove senior citizen
apartment complex. The objective was to provide non -Federally subsidized affordable
housing for low-income seniors. Emerald Cove was part of a 1984 Disposition and
Development Agreement between the Agency and the William Lyon Company, consisting of
164 units, of which 32 are studios and 132 are one -bedroom units. These apartments are
grouped into nine two-story buildings, along with a central recreation building for use by all
tenants.
Since it opened in 1985, the City has maintained Emerald Cove rents at significantly lower
levels than the affordability standards established by the US Department of Housing and
Urban Development (HUD) for very low-income tenants. Over time, the extremely low rents
lead to insufficient operating revenue to properly maintain the property. The resulting
reduction in regular maintenance and capital improvements inevitably brought the project to
its current condition of substantial deferred maintenance.
To address Emerald Cove's insufficient operating revenues, in March 2003, the Council
directed staff to implement the following rent structure:
• Monthly rent for existing tenants would be increased 2% annually.
Upon unit turnover, rents would be increased to Federal restricted levels for very low-
income tenants (50% of the units) and low-income tenants (50% of the units).
With the City's long-term goal of eventually selling the property, the Council's 2003 action
was intended to enhance the City's future position in marketing the property for sale, while
avoiding displacement of existing tenants. It was anticipated at the time that all units at the
project would charge maximum restricted rents within 8 to 10 years. To date, 123 units
remain at the lower rent levels, and 41 units have converted to current Federal affordable
rent levels.
In October 2005, City staff directed the property management company, Western Seniors
Housing, to address the growing list of deferred maintenance concerns at Emerald Cove. At
the City's request, the property manager hired Gafcon, Inc. to evaluate the physical condition
of the property by inspecting the entire exterior and portions of the interior of the complex.
Gafcon's inspection report identified critical repair needs in almost every structural system
category.
Because the City's contract for management services with Western Seniors Housing will
expire in September 2006, and because the rehabilitation project at Emerald Cove cannot be
completed by that date, nor can it be deferred until after that date, City staff will oversee the
rehabilitation of the property. To ensure that the scope and complexity of the work is
overseen properly and efficiently, staff recommends hiring Gafcon, Inc. to provide
construction management services. These services have been divided into two components.
Phase One will include procurement of rehabilitation plans, contractor bids, and construction
G:\Tern1RCA\RCA - Emerald Cove - Gafcon. doc -2- 6/15/2006 6:09 PM
REQUEST FOR ACTION
MEETING DATE: 7/3/2006 DEPARTMENT ID NUMBER:ED 06-02
contracts. See attachment 1 for the proposed Phase One contract. Phase Two will include
construction management services. See attachment 2 for the proposed Phase Two contract.
Upon procurement of contractor bids for construction work at Emerald Cove, separate
contracts with each recommended contractor will be submitted to the Council for approval. A
summary list of the planned components and anticipated cost of the rehabilitation project is
attached as attachment 3.
Environmental Status: Not Applicable
Attachment(s)•
1. Professional Services Contract Between the City of Huntington
Beach and Gafcon, Inc. for Construction Management Services
in Connection with Emerald Cove Apartments Complex Repair
Project — Phase 1
2. Professional Services Contract Between the City of Huntington
Beach and Gafcon, Inc. for Construction Management Services
in Connection with Emerald Cove Apartments Complex Repair
Project — Phase 11
3. Emerald Cove Apartments Reconstruction, Repair and
Maintenance Costs — Repair List Cost and Analysis
4. Site Map
G:\Tern1RCA\RCA - Emerald Cove - Gafcon. doc -3- 6/15/2006 6:10 PM
Professional Services Contract Between the City of
Huntington Beach and Gafcon, Inc. for Construction
Management Services in Connection with Emerald Cove
Apartments Complex Repair Project - Phase I
Attachment No. 1
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Gafcon, Inc.
FOR
Construction Management Services in Connection With
Emerald Cove Apartment Complex Repair Project - Phase I
Table of Contents
1
Scope of Services.................................................................................................1
2
City Staff Assistance................................................................................................2
3
Term; Time of Performance.....................................................................................2
4
Compensation.................................................................................... .............2
5
Extra Work...............................................................................................................2
6
Method of Payment..................................................................................................3
7
Disposition of Plans, Estimates and Other Documents...........................................3
8
Hold Harmless......................................................................................................3
9
Professional Liability Insurance.............................................................................4
10
Certificate of Insurance.............................................................................................5
11
Independent Contractor............................................................................................6
12
Termination of Agreement........................................................ ...............................
6
13
Assignment and Delegation......................................................................................6
14
Copyrights/Patents...................................................................................................7
15
City Employees and Officials..........................................................................I.........7
16
Notices..........................................................................................7
17
Consent....................................................................................................................8
18
Modification.............................................................................................................8
19
Section Headings..................................................................................
8
20
Interpretation of this Agreement..............................................................................8
21
Duplicate Original....................................................................................................9
22
Immigration...........................................................................................................9
23
Legal Services Subcontracting Prohibited................................................................9
24
Attorney's Fees........................................................................................I.............10
25
Survival.....................................................................................................................10
26
Governing Law.........................................................................................................10
27
Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Gafcon,Inc.
FOR
Construction Management Services in Connection With
Emerald Cove Apartment 10um Mdk Repair Project - Phase I
THIS AGREEMENT ("Agreement") is made and entered into this J'e-�' day of
c)(,(_L7% 20 0 6, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
Gafcon, Inc. ,a California corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
provide construction management services ;and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Larry Reddel, ProgwhtJ%hall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
apcJforms/profservl0/15/01-A . I
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on ju l y 030 2007 , unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than one year from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
Thirteen Thousand Seven Hundred Dollars ($ 13, 735.00
Thirty Five Dollars
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
aMh&rmdproEwv10/15/01-A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
8g=ifams/profsm10i15i01-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agree/forms/profkm10/15/01-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agee/fonns/profsm 10/15101-A 5
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agee/forms/profservl0/15/01-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: StanlAv Rma11=Wjt7_ Dir. of
2000 Main Street Economic Development
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Gafcon, Inc.
701 B Street Ste. 1600
San Diego, CA 92101-. ,j/9Z-.�-
Attn: Larry Reddel, Prog. Mgr.
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
agee/forms/profserv10/15/01-A 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agree(forms/pro£sm 10/15/0l-A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 349, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
ag=/fbrms/pro£sm10/15/01-A 9
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profsm10/15101-A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year fast above
written.
CONSULTANT,
GAFCON, INC.
By.
Pam Gaff
print name
ITS: (circle one) 3MK*XPresidentf%4XXYAX
ND
By:
L?tlS �• a � S c G-� �-. .
prmt name
ITS: (circle ond
Secre /Chief Financial Officer/Asst.
Secretary — Treasure
agree/fonndFofserv10/15/0I-A 11
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
Mayor
APPR ED AS TO FORM:
Pam- vk-y fob
City Attorney
REVIEWED AND APPROVED:
etc
City Administrator
(only for contracts $50,000.00 and over)
INITIATED AND APPROVED:
Director of tconolic Development
EXHIBIT "A" - SCOPE OF WORK
Scope of Services for
Emerald Cove Apartments
Exhibit A
Services Emerald Cove Apartment Complex 3-1-06
The following scope of services has been written to be appropriate for use as an exhibit to a
project management contract with Gafcon.
The parties acknowledge that each of the phases as described below will, to a certain extent,
overlap, and _nothing in this Agreement should be construed as limiting Administrator's
obligation to continually review more cost-effective repair methods for any of the Defective
Conditions, and to recommend and/or ensure implementation of cost-effective alternatives
as they may become known and regardless of which phase the work has progressed to.
Phase I — Plans, Bid Documents and Construction Contract
The preliminary construction phase begins the organization and collation of the final
construction plans, Drawings and Specifications, Bid Documents and Contract Negotiations.
The Project Management Team will do the following:
1. Assist and coordinate with Consultant(s) the depiction, as needed for discussion with the
Owner, of schematic repair plans to illustrate repair concepts.
2. Obtain, organize and collate, for final review and approval by owner, all documents
necessary to fix and describe the size, scope and character of the Project, including,
whenever necessary and not necessarily limited to, architectural; landscape structural,
mechanical, civil, geotechnical, and electrical systems, materials and such other elements
as may be appropriate. These documents are to include Drawings and Specifications of
sufficiently high quality such that the appropriate Authorities will issue building and
other required permits for all the Work, and such that they are capable of biding bid;
3. Coordinate with Consultant(s) and use reasonable efforts to insure that consultant(s)
submit the necessary plans and Drawings and Specifications to the appropriate
Authorities and obtaining approval for all plans and Drawings necessary to obtain
building and other required permits for construction. Owner will pay all plan check,
building and other required permit fees directly to the Authorities;
4. Coordinate with Consultant(s) the preparation of all Bid Documents, including the
repair plans, Specifications and Drawings, bid forms, bidders' instructions, contractor
qualification forms; recommended warranty, bond and guaranty limits, and site
coordination requirement. the bid form shall include line -item pricing for major
components of construction and predictable Change Order items;
These documents may be reviewed by Owner's legal counsel prior to bid, and may be
amended or supplemented by legal counsel. The Construction agreements shall be
prepared by Owner's legal counsel, and Project Manager shall supply input, negotiation
gat@n
rfi
projects
in motion
support, information and scope for Contractor' service to legal counsel as Project
Manager deems necessary;
5 Develop a list of qualified contractors to receive the bid package; pre -qualify the
proposed bidders as to technical competency, ability to fully perform the Work ability to
obtain bonding in an amount at least equal to the amount of the estimated cost of the
Work having all required licenses, bond -form comprehensive liability insurance and
worker's compensation insurance in amounts sufficient -to protect Owner from liability;
establish a bid due date on soliciting proposals from the list of qualified contractors;
6 Conduct pre -bid meetings as necessary to clarify the Bid Documents and answer
bidders' questions;
7 Review the submitted bids for conformance with the requirement of the Bid
Documents;
8 Review the bid responses from qualified Contractors, analyze the submitted bids and
prepare a report of the bids submitted to assist the Owner in comparing the bids. The
report is to include unit costs of the major components of the repair, unit costs for
predictable construction change Orders due to unknown conditions, and unit costs for
phasing of the project, if applicable, all as delineated in the Bid Documents.,-
9 Recommend to the Owner the best qualified bidder as necessary to complete the Project
within the projected construction budget and time;
10 Notify the bidders whether they were the successful bidder;
11 The bid phase ends with the selection of the successful bidder by the Owner and
contract negotiations commence.
12 Project Manager will assist City's legal counsel in contract negotiation and execution of
construction contract.
Scope of Services for
Emerald Cove Apartments
Exhibit A
EXHIBIT "B" - FEE SCHEDULE
Exhibit 13
2006 PROJECT MANAGEMENT FEE SCHEDULE
-01
Principal - I
$295/hr
-02
Principal — II
$245/hr
STAFF
-03
Director of Operations / Director of Consulting Services
$225/hr
-04
Senior Forensic Consultant
$180/hr
-05
Senior Consultant — Civil / Building Construction Projects
$145/hr
-06
Chief Estimator
$160/hr
-07
Cost Estimators / Quantity Surveyors
$125/hr
-08
Junior Estimators
$ 85/hr
-09
Senior CPM Scheduling Engineers
$125/hr
-10
CPM Scheduling Engineers
$105/hr
PROJECT
MANAGEMENT
-11
international Program Manager
$200/hr
-12
Program Manager
$200/hr
-13
Senior Project Managers - I
$175/hr
-14
Senior Project Managers — II
$160/hr
-15
Senior Project Managers - III
$150/hr
-16
Senior Project Managers — IV
$145/hr
-17
Project Managers — I
$135/hr
-18
Project Managers — II
$130/hr
-19
Project Managers — III
$125/hr
-20
Project Managers — IV
$110/hr
-21
Project Managers — V
$100/hr
-22
Assistant Project Managers —1
$ 95/hr
-23
Assistant Project Managers — II
$ 90/hr
-24
Assistant Project Managers — III
$ 85/hr
SUPPORT STAFF
-25
Financial Analyst
$150/hr
-26
Chief Accountant
$125/hr
-27
Cost Accountant
$100/hr
-28
Labor Compliance Officer
$115/hr
-29
Information Systems Manager
$175/hr
-30
Graphics / Web Designer
$110/hr
-31
Information Systems Support - I
$150/hr
-32
Information Systems Support — iI
$125/hr
-33
Information Systems Support — III
$100/hr
-34
Technical Assistant - I
$ 90/hr
-35
Technical Assistant — II
$ 80/hr
-36
Technical Assistant — III
$ 75/hr
-37
Administrative Assistant -1
$ 65/hr
-38
Administrative Assistant - II
$ 55/hr
-39
Administrative Assistant - III
$ 45/hr
-40
Delivery Service
$ 35/hr
Reimbursable
expenses shall be billed at cost plus 15%. Interest shall be charged
at 1% per month on
any invoice past due thirty (30) days from date of invoice.
Please note
these rates are subject to annual adjustment.
Gafcon,
Inc
Revised 01/01/06
V'i/LI/Ut3 uonx1rmnet —;� i/i'3030OLiz
N$ G/J
ACM. CERTIFICATE OF LIABILITY INSURANCE
04/27/ 6°'""'
PRODUCER OA99520 1-619-234-6848
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cavignac a associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
450 B Street, Suite 1800
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
San Diego, CA 92101-8005
Jeffrey W. Cavignac, CPCII,RPLU
INSURED
Gafcon, Inc.
INSURERASt. Paul Mercury Insurance Company
INSURERB:Continental Casualty Co.
tNSUTZFRC:IIIIitad States Fidelity &Guaranty Co>4pany -
701 B Street, Suite 1600
INSURER D:
San Diego, CA 92101
INSURER E
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES- AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAWS.
RISR
TYPE OF fNfiURANCE
POLICY NUMBER
IV
DATE immuNn POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
C
GEN9tALLIABILITY
SK02180866
03/29/06
03129/07
EACH OCCURRENCE
$1,000,000
FIRE DAMAGE (Any one fire)
$300,000
% COMMERCIAL GENERAL LIABILITY
CLAIMS MADE J OCCUR
MED EXP (Any ow person)
$ 10, 000
PERSONAL &AUVINJURY
$1,000,000
X Blanket Contractual
X
Broad Form
GENERAL AGGREGATE
$2,000,000
GEML AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPAOP AGG
$ 2 . 000.000
POLICY X PRO- LOC
C
AUTOMOBILE
X
LIABILITY
ANY AUTO
BA02187684
03/29/06
03/29/07
COtAB1NE0 SINGLE LIMIT
(Ea accident)
$ 1, 000, 000
BODILY MURY
(Perpeman)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Perarsident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCURlJ CLAIMS MADE
AGGREGATE -
$
$
$
DEDUCTIBLE
$
RETENTION $
a
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
IrAG2181320
03/29/06
03/29/07
X RYST tiM S ER
E.L FACHACCIDENT
$1,000,000
E.L. DISEASE - EA EMPLqnd
$ 1, 000. 000
E.L. DISEASE - POLICY LIMIT
$ 1. 000. 000
OTHER
B
Professional Liability
A254048926
03/29/06
03/29/07
Each Claim s2,000,000
Aggregate s2,000,000
s
DESCRIPTION OF OPERATIONSMOCATIONStVEHICLESIEXCLuS*mS ADDED BY ENDORSEMENT1SPeML PROVISIONS
Professional Liability - Claims made forts, aggregate limit policyl defense costs included within limit of liability.
RE: Emerald Cove Apartment Complex Repair Project. The City of Huntington Beach, its agents, officers, and
employees are named as Additional Insured with respect to General Liability per attached. 10 days HOC for non-payment
of premium.
Revised certificate - replaces and supersedes certificate issued 4/26/06.
i.CIS t Ort\.At c MiLmr.11% I I I AUDITHWAL INSURED; INSURER LETTER: `' UANIiCL.LJSI PJN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City Of Huntington Beach DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN
ROY" TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2000 !mein St.
7ftifNllEt01X
"XxxxxxmXR%XX$XXXXXKXXXX)MRXXXXXRXXRXI(=
Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE
USA
ACORD 254 (7197) Katherine 0ACORD CORPORATION 198E
4232134
PROVED AS O FORM:
/J&Jb-ER MC T4 City its onley
04/27/06 ConfirmNet -> 1'ti4bzsba Z1Y
rg 3i a
Named insured: Gafecn, Znc.
P014 Number: BK02180866
Owners, Lessees Or Conhifts (Form C)
ADDITIONAL INSURED Effedw 03/29/06
THS ENDORSOOT O NGES TIE POLICY. PLEASE READ ff CAREFULLY.
This endorsement modifies insurance provided under the following-,
LWBIUTYCOVERAGE PART.
Schedule
Name of Person or Organization:
The City of Huntington Beach, its agents, officers, and soiployees
RR: Emerald Cove Apartment Complex Repair Project
1. SECTION II - WHO IS AN INSURED is amended to include as
an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of
'your work" for that insured by or for you.
2. With respect to 1. above the following additional provision
applies:
SECTION IV. 5.Other Insurance is replaced by the
following
5. Other Insurance.
The thsurance afforded by this Coverage Part is
primary insurance and we wig not seek contribution
from any valid and collectible `other insurance"
available to the insured unless the
APPROVED AJ5 TO ORM:
OlFER�GRATH,1C' lvAttomey
valid and collectible 'other insurance" is provided by
a person or organization who is not shown in the
schedule. Then we will share with that valid and
collectible 'other insurance" by the method described
below.
If all of the valid and collectible "other insurance"
permits contribution by equal shares, we will follow
this method also. Under this approach, each insurer
contributes equal amounts until it has paid its
applicable limit of insurance or none of the loss
remains, wtuchevercomes first
f any of the valid and collectible "other insurance"
does not permit contribution by equal shares, we will
corkbul3e by limits. Under this method, each
Insurer's share is based on the ratio of its applicable
limit of insurance to the total applicable limbs of
insurance of all insurers.
CLEF 22 45 09 99 ha:ludes espydgMed nss edal of asmance a Services Office, Inc. ,with Is pemisaon. Page 1 ef I
CopogMed, Wunnce Seisms Olke, Int,1*4
MAILING LIST FOR RFP
EMERALD COVE REHABILITATION PROJECT
February 16, 2005
Inspection, Specification Writing (Phase 1) and Construction Management (Phase 11)
Laurus Construction Corporation JK Construction
Attn: Eric Reyes Attn: Jerry McKmesh
1260 N. Hancock St. Suite 103 915 Lake Street
Anaheim, CA 92807 Huntington Beach, CA 92648
Telephone: (714) 777-8916
Fax: (714) 777-8919
Email: SalesALaurusConstruction.com
Heritage Construction
Attn: Bill Meaney
21072 Bake Pkwy Suite 102
Lake Forest, CA 92630
Telephone: (949) 830-4100
Fax: (949) 830-4197
Email: infonheritage-construction.com
Joelson Vail Associates, LLC
Attn: Paul Joelson
7283 Engineer Road Suite H
San Diego, CA 92111
Telephone: (858) 836-3210
Fax: (858) 836-3214
Email: pjoelsonkajoelsonvail.com
Dugan & Associates
Attn: Alan Cade
6350 Laurel Canyon Boulevard Suite 350
North Hollywood, CA 91606
Telephone: (818) 752-7970
Fax: (818) 752-7976
Email: acadeLa?,dugaancm.com
KDH Construction
Attn: Kim Holland
21842 Midcrest Dr.
Lake Forest, CA 92630
Telephone: (949) 830-2022
Fax: (949) 830-2258
Telephone: (714) 960-7052
Fax: (714) 536-3868
Gafcon, Inc.
Larry Reddel
701 B Street, Suite 1600
San Diego, CA 92101
Telephone: (619) 231-6100
Fax: (619) 231-6995
Email: LReddel(a)gafcon.com
Professional Services Contract Between the City of
Huntington Beach and Gafcon, Inc. for Construction
Management Services in Connection with Emerald Cove
Apartments Complex Repair Project - Phase 11
Attachment No. 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Gafcon, Inc.
FOR
Construction Management Services in Connection With
Emerald Cove Apartment Complex Repair Project - Phase II
Table of Contents
Scopeof Services.....................................................................................................I
CityStaff Assistance................................................................................................2
Term; Time of Performance............................................................... :..................... 2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents
...........................................3
HoldHarmless.........................................................................:...............................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement............................................................................. ......6
Assignmentand Delegation......................................................................................6
Copvrights/Patents...................................................................................................7
City Employees and Officials ............................................ .......7
...............................
Notices............................................................. .........................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival ............................ .........................................................................................
10
GoverningLaw.........................................................................................................10
Entirety......................................................................................................................10
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Gafcon,�. Inc.
FOR
Construction Management Services in Connection With
Emerald Cove Apartment i0o lie�k Repair Project - Phase II
THIS AGREEMENT ("Agreement") is made and entered into this day of
l -t� 20 0 6, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
Gafcon, Inc.
hereinafter referred to as "CONSULTANT."
a California corporation
WHEREAS, CITY desires to engage the services of a consultant to
provide construction management services ;and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in Exhibit "A,"
which is attached hereto and incorporated into this Agreement by this reference. These
services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Larry Reddel, Progwhg%Ball
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
agree/forms/profsm10/15/01-A 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on ,Ju 1r0 31 2007 , unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than one year from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed
to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
Forty -Se en Thousand Six Hundred Dollars ($ 47,600.00 ).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
apee/forms/profserv10/15/01-A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, computer code, language, data or programs, maps, memoranda,
letters and other documents, shall belong to CITY, and CONSULTANT shall turn these
materials over to CITY upon expiration or termination of this Agreement or upon
PROJECT completion, whichever shall occur first. These materials may be used by CITY
as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
agce/forindprofsm10 /15101-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One
Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -
mentioned insurance shall not contain a self -insured retention, "deductible" or any other
similar form of limitation on the required coverage except with the express written consent
of CITY. A claims -made policy shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agree/farms/pro£servlons101-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or
canceled by either party, reduced in coverage or in limits except
after thirty (30) days' prior written notice; however, ten (10) days'
prior written notice in the event of cancellation for nonpayment of
premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
agrWfonndprofgav 10/1510 1-A 5
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete. Any termination of this
Agreement by CITY shall be made in writing, notice of which shall be delivered to
CONSULTANT as provided herein. In the event of termination, all finished and
unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become
its property and shall be promptly delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
agee/forms/prof m10/15101-A 6
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
TO CONSULTANT:
City of Huntington Beach Gaf con, Inc.
ATTN: Stan1P�S:malewitz, Dir. of 701 B Street Ste. 1600
2000 Main Street Economic Development San Diego,
Huntington Beach, CA 92648
17. CONSENT
CA 9 2 10 1 —0a1gS
Attn: ]Larry Reddel, Prog. Mgr.
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
agee/forms/profsuv10/15101-A 7
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
agree/forms/profsm 10/15101-A 8
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
24. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
agree/forms/profsm101ls101-A 9
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
apte/forms/prof m1O/15/01-A 10
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written,
CONSULTANT,
CITY OF HUNTINGTON BEACH,
GAFCON INC a municipal corporation of the State of California
B.
Pam Ga en
print nam
ITS: (circle one)b�resident&bwfxkdcX
AND
By:z0")
}�'?e, 4-
p e
ITS: (circle one) tcretary/ ief Financial Officer/Asst
Secretary — Treasurer
agree/forms/profservl0/15/01-A I I
Mayo -
Tyy Clerk
APPROVED AS TO FORM:
City Attorney
REVIEWED AND APPROVED:
City Administrator
(only for contracts $50, 000.00 and over)
INITIATED AND APPROVED:
Director of ECc Development
EXHIBIT "A" - SCOPE OF WORK
Scope of Services for
Emerald Cove Apartments
Exhibit A -
Phase II Project Management
The Construction phase generally begins at the conclusion of the Bidding/ Negotiation and
Contract phase. The Project Management Team will:
1. In conjunction with Owner's legal counsel, negotiate and finalize terms of the
Construction Agreements with the successful bidder, review the final Construction
Agreement for familiarity with its terms, and consult and cooperate with legal counsel as
necessary to finalize details of the Construction Agreement;
gaf c�o
sett n Scope of Services for
proi6ets Emerald Cove Apartments
_;� motion Exhibit 4-
2. Conduct and attend necessary pre -construction meetings and construction progress
meetings at a minimum of every week;
3. Recommend to the Owner as to when the Owner should issue a Notice To Proceed to
the Contractor at such time as agreement prerequisites are completed, and assist in the
preparation of the Notice To Proceed;
4. Conduct Site observations as necessary to ensure that the Work is performed in
accordance with the Construction Agreements, Drawings and Specifications. It is
anticipated that Gafcon representatives will provide on site representation and conduct
on site inspections 2 or 3 separate occasions throughout the coarse of any given work
week. It is not anticipated that these on site visits will last an entire workday during any
given observation. The Project Manager will endeavor to inspect each phase of the
repair of each successive component of work as it is completed;
5. Be available for consultation with the Contractor and/or Consultants as necessary to
resolve questions or effect changes to meet existing conditions;
6. Attend monthly, meeting of the Owner at which Project Manager shall, among other
things, report on construction progress or delays, and their recommendations for
solving or avoiding problems;
7. Review, process and evaluate Change Orders, RFI's, RFC's and resident's requests in a
timely fashion. All Change Orders must be reviewed and approved in writing by the
Project Manager and by the Owner before such Change Orders are valid, and before
Project Manager authorizes Contractor to proceed with any of the work under the
Change Order. The Project Manager may authorize Minor Change orders, not to
exceed $500 each, as are necessary or desirable;
8. Certify and approve Contractor's Applications for Payments, including the verification
that the percentage of work completed by the Contractor equals or exceeds the
percentage of funds requested by the Contractor. Project Manager shall attend all walk-
through inspections necessary to make the certifications required above for release of
progress payments and retention releases, including, at a minimum, walk-through
inspections for Substantial Completion, Final Completion and retention release;
9. Project Manager shall review each Application for Payment to ensure, among other
responsibilities, that the Contractor has provided lien releases for the Contractor, and all
Subcontractors, design professionals and material suppliers that have served California
20-Day preliminary Notices on this Project. Project Manager shall advise owner to
make checks jointly payable to the contractor and any Subcontractor or material supplier
that does not submit an Unconditional Lien Release Upon Progress (or Final) Payment,
and shall advise Owner to withhold the appropriate payment for the contractor and any
Subcontractor or material supplies that fails to submit any required lien release;
gaf(?:I@n
Scope of Services for
proj6cts Emerald Cove Apartments
motion Exhibit
10. Project Manager shall work with the Owner in preparing a Project budget, and shall
update the budget whenever information becomes available that would significantly
affect the overall budget;
11. Except as herein provided, Consultant shall not be required to make exhaustive or
continuous on -site inspections to check the quality or quantity of the Work but shall
endeavor to guard the Owner against defects and deficiencies in the Work;
12. Submit Contractor's Application for Payment to the Owner within the time frame
specified in the Construction Agreement;
13. Reject work which does not conform to the Construction Agreement, Drawings or
Specifications;
14. Conduct inspections to determine the date or dates of Substantial Completion for the
purpose of the Contractor filing the Notice of Substantial Completion; prepare a "punch
list" of items to be completed before final payment; conduct an inspection to determine
the date of Final Completion;
15. Interpret and decide matters concerning the level of or adequacy of the performance of
the Contractor under the requirements of the Construction Agreement on written
request of either the Owner or the Contractor. Consultant's response to such request
shall be made with reasonable promptness to the Owner only, and within any time limits
agreed upon (May require additional cost for services);
16. Advise the Owner throughout on the Project Manager's recommended course of action
on all decisions concerning the Project, to give the Owner the Project Manager's best
recommendation on the decisions to be made and help implement the policy decisions
of the Owner fully and expeditiously;
17. Provide monthly progress report to Owner addressing current schedule, cost,
construction issues, scope of repairs, contractor performance, etc. in a narrative
overview form;
Although Project Management Team shall not be responsible for the itemslisted in the
paragraph below, Project Manager will work closely with Owner and its management
company to provide Owner, its management company and/or fund controller with all
information known to Project Management Team that would affect or impact any of the
items listed in the following paragraph;
Project Management Team shall not be responsible for the following:
• Fund investment and management of Owner's construction funds;
• Payment of construction invoices;
• Preparation of financial statements dealing with the construction;
gafc @
V'etai Scope of Services for
nq
projects Emerald Cove Apartments
Exhibit
• Tax filings, preparation, of Form 1099's, and other governmental tax
filings relating to construction matters.
Project Management Team, however, shall make all information known to Owner that
would affect the project completion of these items.
EXHIBIT "B" - FEE SCHEDULE
gat@n
Exhibit 13
2006 PROJECT MANAGEMENT FEE SCHEDULE
-01
Principal - I
$295/hr
-02
Principal — II
$245/hr
STAFF
-03
Director of Operations / Director of Consulting Services
$225/hr
-04
Senior Forensic Consultant
$180/hr
-05
Senior Consultant - Civil / Building Construction Projects
$145/hr
-06
Chief Estimator
$160/hr
-07
Cost Estimators / Quantity Surveyors
$125/hr
-08
Junior Estimators
$ 85/hr
-09
Senior CPM Scheduling Engineers
$125/hr
-10
CPM Scheduling Engineers
$105/hr
PROJECT MANAGEMENT
-11
International Program Manager
$200/hr
-12
Program Manager
$200/hr
-13
Senior Project Managers — I
$175/hr
-14
Senior Project Managers — II
$160/hr
-15
Senior Project Managers — III
$150/hr
-16
Senior Project Managers — IV
$145/hr
-17
Project Managers - I
$135/hr
-18
Project Managers — II
$130/hr
-19
Project Managers — III
$125/hr
-20
Project Managers — IV
$110/hr
-21
Project Managers — V
$100/hr
-22
Assistant Project Managers — I
$ 95/hr
-23
Assistant Project Managers — II
$ 90/hr
-24
Assistant Project Managers — III
$ 85/hr
SUPPORT STAFF
-25
Financial Analyst
$150/hr
-26
Chief Accountant
$125/hr
-27
Cost Accountant
$100/hr
-28
Labor Compliance Officer
$115/hr
-29
Information Systems Manager
$175/hr
-30
Graphics / Web Designer
$110/hr
-31
Information Systems Support - I
$150/hr
-32
Information Systems Support — II
$125/hr
-33
Information Systems Support — III
$100/hr
-34
Technical Assistant - I
$ 90/hr
-35
Technical Assistant —1I
$ 80/hr
-36
Technical Assistant — III
$ 75/hr.
-37
Administrative Assistant - I
$ 65/hr
-38
Administrative Assistant - II
$ 55/hr
-39
Administrative Assistant - III
$ 45/hr
-40
Delivery Service
$ 35/hr
Reimbursable
expenses shall be billed at cost plus 15%. Interest shall be charged at 1%
per month on
any invoice past due thirty (30) days from date of invoice.
Please note these rates are subject to annual adjustment.
Gafcon, Inc Revised 01/01/06
VYY L I / vu %1v1IJLJL1U1L1G6 —/ x I14 JJuJL IL
•
AIM. CERTIFICATE OF LIABILITY
INSURANCE
M/DDlYY,
o4/a7/o6
4/27
PRODUCER OA99S20 1-619-234-6848
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cavignac 4 Associates
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
450 B Street, Suite 1800
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
San Diego, CA 92101-0005
Jeffrey V. Cavignac, CPCU,RPLU
INSURED
Gafcon, Inc.
INSURERA:St. Paul Mercury Insurance Company
INSURERB:Continental Casualty Co.
701 B Street, Suite 1600
INSLgsRC:Dhited States Fidelity rE Guaranty Company
INSURERD:
San Diego, CA 92101
INSURER E:
CQVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCEAF€ORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES- AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NISR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
(MMMOrm
POLICY EXPIRATION
LIMITS
C
GENERAL LIABILITY
8K02180066
_DATE
03/29/06
03/29/07
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Any one free)
$ 300, 000
% COMMERCIAL GENERAL LIABILITY
CLAMS MADE � OCCUR
MED EXP (Any are person)
$ 10 , 000
PERSONAL 8 ADV INJURY
$ 1, 000, 000
X Blanket Contractual
X
Broad Form
GENERAL. AGGREGATE
$ 2,000,000
GENT AGGREGATE LIMIT APPLES PER
PRODUCTS - COMP/OP AGG
$ 2 , 000 , 000
POLICY51PRE LOC
C
AUTOMOBILE
X
LIABILITY
ANY AUTO
DA02187684
03/29/06
03/29/07
COMBINE SINGLE LIMIT
(Ea accident)
$ 1, 000 , 000
BODILY INJURY
(Pml�onl
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
HIRED AUTt75
NON40 NVEDAUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$_
OTHER THAN EA ACC
$ '—
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$ --
OC: Q CtAIMSMADE
$
DEDUCTIBLE
$
RETENTION $
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
EW02181320
03/29/06
03/29/07
% RYU ITM 8 I ER
EL EACH ACCIDENT
$ 1, 000, 000
E.L. DISEASE - EA EMPI_q E
$ 1, 000. OOQ
EL DISEASE - POLICY LIMIT I
$ 1. 000 , 000
OTHEB
Professional Liability
MCA254048926
03/29/06
03/29/07
Each Claim $2,000,000
Aggregate s2,000,000
s
DESCRIPTION OF OPERATIMMLOCA'HONSIVEHICLES&XCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Professional Liability - Claims made form, aggregate limit policyT defense costs included within limit of liability.
RE: Emerald Cove Apartment Complex Repair Project. The City of Huntington Beach, its agents, officers, and
employees are named as Additional Insured with respect to General Liability per attached. 10 days NOC for non-payment
of premium.
Revised certificate - replaces and supersedes certificate issued 4/26/06.
UCK I IrRoAT t n1JLUtl( I + I ADDITIONAL INSURED-, RMIRER LETTER: GAM;tLLAI 1UN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City Of Runtington Beach DATE THEREOF, THE ISSUING INSURER WILL EMUNNIVIIXIIIAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
2000 Main St. M=3III!II[N10U=3M10=5RX
KXXXXXXXRX%%%XX%XXXXXXR%X%X%XRX%XXX%X%%X%%XX
Buntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE
USA
ACORD 25-S (7197) Katherine 0 ACORD CORPORATION 1988
4232134
PROVED
IFER ASACW
FORM
�it
Cityc�xe`
L0 o
V2I e.II VV -i 1l12vvvv4l�-
i a J1 J
Named Insured: G-fcon, Inc.
Policy Number : BK02180866
Owners, lessees Or Conhdors (form C)
ADDITIONAL INSURED Effective: o3/29/06
TNS ENDORSEMENT OIANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following;
LIABILITY COVERAGE PART.
Schedule
Name of Person or Organization:
The City of Huntington Beach, its agents, officers, and employees
RZ.- Raerald Cove Apartment Complex Repair Project
1. SECTION II - MO IS AN INSURED is amended to include as
an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of
'your work" for that insured by or for you.
2. With respect to 1. above the following additional provision
applies:
SECTION IV. 5.Other Insurance is replaced by the
follovving
5. Other Insurance.
The insurance aftled by this Coverage Part is
primary insurance and we will not seek contribution
from any valid and collectible 'other insurance*
available to the insured unless the
APPROVED A§ TO ORM:
01F—ER AGRIA�H%Qty�Attornev
valid and collectible 'other insurance" is provided by
a person or organization who is not shown in the
schedule. Then we will share with that valid and
collectible 'other insurance" by the method described
below.
If all of the valid and collectible "other insurance"
permits contribution by equal shares, we will follow
this method also. Under this approach, each insurer
contributes equal amounts until it has paid its
applicable limit of insurance or crone of the loss
remains, whichever comes first
I any of the valid and collectible 'other insurance"
does not permit contribution by equal shares, we will
conbibule by limits. Under this method, each
Insurer's share is based on the ratio of its applicable
limit of insurance to the total applicable limits of
insurance of all insurers.
CUBF 22 45 99 99 k0udes coppigMed matedal of Irmurance a Services Ofrce, Inc. ,ift is permission. Page 1 of 1
CopydgMed, Insurance Services Offxe, kd.,1994
MAILING LIST FOR RFP
EMERALD COVE REHABILITATION PROJECT
February 16, 2005
Inspection, Specification Writing (Phase I) and Construction Management (Phase U)
Laurus Construction Corporation JK Construction
Attn: Eric Reyes Attn: Jerry McKinesh
1260 N. Hancock St. Suite 103 915 Lake Street
Anaheim, CA 92807 Huntington Beach, CA 92648
Telephone: (714) 777-8916
Fax: (714) 777-8919
Email: Sales&LaurusConstruction.com
Heritage Construction
Attn: Bill Meaney
21072 Bake Pkwy Suite 102
Lake Forest, CA 92630
Telephone: (949) 830-4100
Fax: (949) 830-4197
Email: ido@heritage-construction.com
Joelson Vail Associates, LLC
Attn: Paul Joelson
7283 Engineer Road Suite H
San Diego, CA 92111
Telephone: (858) 836-3210
Fax: (858) 836-3214
Email: pioelson@joelsonvail.com
Dugan & Associates
Attn: Alan Cade
6350 Laurel Canyon Boulevard Suite 350
North Hollywood, CA 91606
Telephone: (818) 752-7970
Fax: (818) 752-7976
Email: acade@duggRcm.com
KDH Construction
Attn: Kim Holland
21842 Midcrest Dr.
Lake Forest, CA 92630
Telephone: (949) 830-2022
Fax: (949) 830-2258
Telephone: (714) 960-7052
Fax: (714) 536-3868
Gafcon, Inc.
Larry Reddel
701 B Street, Suite 1600
San Diego, CA 92101
Telephone: (619) 231-6100
Fax: (619) 231-6995
Email: LReddelAgafcon.com
Emerald Cove Apartments Reconstruction, Repair and
Maintenance Cost - Repair List Cost and Analysis
Attachment #3
Emerald Cove Apartments
Reconstruction, Repair and Maintenance Costs
Repair List Prioritization
Cost and Budget Analysis
2-Nov-05
Scope of Work Items
Item
Priority
Q
u
$lu
Immediate
Needs
ALL #1
ITEMS
1 to 5 years
ALL #1 & 2
ITEMS
Long Range
Needs
ALL #1,2 & 3
ITEMS
1.0 She
1.01 R&R cracked concrete private patios
2
10
loc
$2,250.00
$0
$22,500
$0
1.02 R&R site light pole fixtures
1
10
loc
$525.00
$5,250
$0
$0
1.03 Install gutter d'rverters
3
10
loc
$50.00
$0
$0
$500
1.04 R&R wood fence panels
2
75
If
$50.00
$0
$3,750
$0
1.05 R&R deteriorated fence posts
2
15
ea
$250.00
$0
$3,750
$0
1.06 Repair and repaint wrought iron perimeter fence
3
60
If
$30.00
$0
$0
$1,800
1.07 R&R concrete mow strip
2
40
If
$25.00
$0
$1,000
$0
1.08 R&R fire extinguisher receptacles
1
8
ea
$125.00
$1,000
$0
$0
1.09 R&R concrete curb
2
100
If
$25.00
$0
$2.500
$0
1.10 R&R irrigation valve box covers
2
8
as
$25.00
$0
$200
$0
1.11 Pressure wash concrete sidewalks
1
1
Is
$975.00
$975
$0
$0
1.12 Clear vegetation from irrigation valve boxes
3
1
Is
$500.00
$0
$0
$500
1.13 R&R irrigation heads
2
3
ea
$65.00
$0
$195
$0
1.14 R&R trash enclosure gates and hardware
3
3
ea
$850.00
$0
$0
$2.550
1.15 R&R deteriorated mailbox pavilfions
3
2
loc
$4,500.00
$0
$0
$9,000
Subtotal Site
1
$7,225 1
$33.895
14,360
2.0 Building Envelope and Structure
Exteriors
2.01 Repair cracked, stained and spelled stucco
1
41
loc
$195.00
$7,995
$0
$0
2.02 R&R damaged exterior siding
1
9
loc
$425.00
$0
$3,825
$0
2.03 Repair spelling stucco at foundation
2
9
loc
$900.00
$0
$6,100
$0
2.04 R&R utility closet doors
2
9
loc
$525.00
$0
$4,725
$0
2.05 R&R storage closet doors (private balconies)
2
148
loc
$350.00
$0
$51,800
$0
2.06 Voids, cracking, missing sealants at building exterior/interior
2
1
Is
$2,500.00
$0
$2,500
$0
2.07 R&R balcony hand railing
1
M
loc
$2,000.00
$296,000
$0
$0
2.08 Re -coat stairway risers and landings
1
9
loc
$2,500,00
$22,500
$0
$0
2.09 Install new flashing at stairway risers and landings
1
9
Ioc
$1,200.00
$10,800
$0
$0
2.10 R&R second floor balcony waterproofing membrane
1
82
loc
$2,300.00
$188,600
$0
$0
2.11 R&R gutter system at second floor balcony decks
1
1,312
If
$5.50
$7,216
$0
$0
Structure
2.12 Misc. deteriorated framing members/structure repairs
1
1
Is
$5,000.00
$5,000
$0
$0
Subtotal Building Envelope and Structure
$638,111 1570,950
0
3.0 Roofing
Roof Maintenance
3.01 General roof maintenance
2
69,476
If
$0.11
$0
$7,642
$0
3.02 Starter shingle repairs
1
3,404
If
$1.93
$6.570
$0
$0
3.03 Installation of Z-bar flashing
1
1
Is
$1,000
$1,000
$0
$0
Subtotal Roofing
$7,670 1,642
4.0 Interior Elements
Interiors
Ga on, Inc. Confidential
Esbrite
Print Dare: W5/ipe6 1 of 4
Emerald Cove Apartments
Reconstruction, Repair and Maintenance Costs
Repair List Prioritization
Cost and Budget Analysis
2-Nov-05
Immediate
1 to 6 Years
Long Range
Needs
Needs
Scope of Work Items
Item
ALL #1
ALL #1 S 2
ALL Ill 8.3
Priority
0 u
$Iu
ITEMS
ITEMS
ITEMS
4.01 Repaint walls/ceilings
3
164 loc
$1,000.00
$0
$0
$164,000
4.02 R&R carpet
3
164 loc
$2,500.00
$0
$0
$410 000
4.03 R&R vinyl flooring(bathroom/kitchen)
3
164 loc
$600.00
$0
$0
$98,400
Subtotal Interior Elements
$0 I
$0 1
$672,400
5.0 Mechanical
5.01 Dryer vent termination 3
5.02 Heater maintenance 3
5.03 Water heater vent pipe attachment 3
5.04 Recreational Center mechanical equip. mounting pad renovation 3
Subtotal Mechanical
55
loc
$75.00
$0
$0
$4.125
164
loc
$125,00
$0
$0
$20.500
82
loc
$50.00
$0
$0
$4,100
1
loc
$25.00
$0
$0
$25
o I
$0 1
$28,726
Gafcon, Inc. Confidential
Eeemate
Print one. 6/15I '_ of 4
Emerald Cove Apartments
Reconstruction, Repair and Maintenance Costs
Repair List Prioritization
Cost and Budget Analysis
2-Nov-06
Immediate
1 to 5 Years
Long Range
Needs
Needs
Scope of Work Items
Item
ALL #1
ALL #1 & 2
ALL #1,2 & 3
Priority
Q
u
$lu
ITEMS
ITEMS
ITEMS
6.0 Electrical
6.01 R&R inoperable GFCI receptacles
1
164
as
$125.00
$20,500
$0
$0
6.02 R&R deteriorated junction boxes at site light poles
1
40
as
$65.00
$2,600
$0
$0
6.03 Install new panel hardware at telephone boxes
2
4
loc
$75.00
$0
$300
$0
6.04 Install knock -out inserts at site light poles
2
25
as
$10.00
$0
$250
$0
6.05 R&R damaged exterior light fixtures (fascia board)
1
2
as
$325.00
$650
$0
$0
6.06 Recreational Center transformer equip. mounting pad renovation
2
1
loc
$25.00
$0
$25
$0
6.07 Apply fire caulking at electrical penetrations
1
1
Is
$1,850.00
$1,850
$0
$0
6.08 Apply caulking and weatherproof gaskets at ext. fixtures/receptacles
2
30
as
$50.00
$0
$1,500
$0
6.09 Install new access covers and hardware at parking lot light poles
1
5
ea
$75.00
$375
$0
$0
6.10 R&R unsecured junction boxes at site light poles
1
20
as
$65.00
$1,300
$0
$0
6.11 Inspect Irrigation fimer wire splices
3
1
Is
$75.00
$0
$0
$75
6.12 R&R damaged exterior fixtures (patio lights)
1
10
ea
$95.00
$950
$0
$0
6.13 R&R deteriorated fiourescent light fixtures (mailboxe pavillions)
1
3
loc
$500.00
$1,500
$0
$0
Subtotal Electrical
$29,726
$2,075
f76
7.0 Plumbing
Domestic hoVcold water
7.01 Replace water supply lines and valves
2
1
Is
$10,000.00
$0
$10,000
$0
7,02 Replace water heaters
3
55
ea
$1,250.00
$0
$0
$68,750
7.03 Insulate all water heater piping
3
1
Is
$4,000.00
$0
$0
$4,000
7.04 Apply fire caulking at plumbing penetrations
1
1
Is
$1,850.00
$1,850
$0
$0
Natural gas
7.05 Install seismic shut off
2
9
ea
$1,000.00
$0
$9,000
$0
7.06 Label gas meters for ea. unit
1
1
Is
$100.00
$100
$0
$100
Plumbing fixtures
7,07 Replace plumbing fixtures (toilets, lavatories, etc.)
3
64
as
$150.00
$0
$0
$9,600
Subtotal Plumbing Repairs
$1,950 1$19,000
$92,460
Subtotal Construction Costs
$694.581
$133.562
$798.000
8.0 Soft costs
Architectural I Engineering / Construction Management
Construction Management
10.0%
$58.458
$13,366
$79,800
Architectural
5.0%
$29,229
$6,678
$39,900
Engineering
5.0%
$29,229
$6,678
$39,900
Permits/Fees/Testing at 1.5%
1.5%
$8,769
$2,003
$11,970
Insurances/Bonds
2.5%
$14,616
$3,339
$19,950
Subtotal Soft Costs
1
$140,299 1
$32,056 1
$191,620
Subtotal Project Cost:
$724 880
$165 617
$989,620
Gatcon, Inc Unlldencal
Estimate
Print Date: 611520W 3 of 4
Emerald Cove Apartments
Reconstruction, Repair and Maintenance Costs
Repair List Prioritization
Cost and Budget Analysis
2-Nov-05
Immediate
1 to 5 years
Long Range
Needs
Needs
Scope of Work Items
Item ALL#1
ALL #132
ALL#1,2 & 3
Priority Q U $IU ITEMS
ITEMS
ITEMS
9.0 Proieet Contingent:v
9.01 Contingency
5.0% $36,244
$8,281
$49,476
TOTAL ESTIMATED PROJECT
$761,124
$173,898
$1,038,996
CUMULATIVE TOTAL ESTIMATED PROJECT
$935,022
$1,974,018
Gafcm, Inc Conf denU
Eatlmate
Pnnt Nw 615INwe 1,,1 1
Site Map
Attachment # 4
ATTACHMENT # 4
SITE MAP
Emerald dove Senior Apartments
71W
a W 1. f, 9 L
— TALBERT AVEME
' TRACT '
ST RM DRAW
�J ESAI't.
Q,
v �
OLOT 1
� O
f.SB AC. LOT A 0.70 AC
0
441 32'5 A
NO. 12063�
cn M
0 3
2.0
O �
00
O
�•
n
O
a
Z3
cD
X
102AI,
MAP
HAPP?'
1 LOT 1 •w.a� a�� • ORWE
07, (� O LOt It 2.148 AC.
?'M AC 1
i 1
10' PEDEMMN
ACCESS ESVIr. _ _ NO. 12060
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Economic Development
SUBJECT:
Approval of Two Professional Services Contracts With
Gafcon, Inc. for Rehabilitation Construction
Management at Emerald Cove Senior Apartments
COUNCIL MEETING DATE:
I July 3, 2006
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable)
Attached
Not Applicable ❑
(Signed in full by the qLty Attome
Subleases, Third Party Agreements, etc.
Attached
Not Applicable
(Approved as to form by City Attorne
Certificates of Insurance (Approved b the City Attorne
PP Y Y Y1
Attached
Not Applicable ❑
Fiscal Impact Statement (Unbudget, over $5,000)
Attached 10
Not Applicable ❑
Bonds (If applicable)
Attached
Not Applicable
Staff Re ort If applicable
P ( PP )
Attached
Not Applicable
Commission, Board or Committee Re ort If applicable
P ( PP )
Attached
Not Applicable
Findings/Conditions for Approval and/or Denial
APP
Attached
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FOR ARDED
Administrative Staff
)
Assistant City Administrator Initial
City Administrator (initial)
City Clerk
)
EXP NATION FO RETURN OF ITEM:
S �
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
July 11, 2006
Mr. Larry Reddel, Program Manager
Gafcon, Inc.
701 B Street, Ste. 1600
San Diego, CA 92101-8195
Dear Mr. Reddel:
CALIFORNIA 92648
Enclosed for your records is an executed copy of the Professional
Services Contract between the City of Huntington Beach, and Gafcon, Inc.
for Construction Management Services in Connection with Emerald Cove
Apartment Complex Repair Project — Phase One and Phase Two.
Sincerely,
an L. Flynn
itv Clerk
JF:pe
Enclosure: Agreements
G: followup:agrmtltr
(Telephone: 714536-5227 )