HomeMy WebLinkAboutDudek, a California corporation - 2008-08-04Council/Agency Meeting Held: 6
Deferred/Continued to:
�(Appr ved 0 Conditionally Approved {O Denied ZAZejo C Cle 's Si ature
Council Meeting Date: 8/4/2008 Department ID Number: PW 08-33
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEM
SUBMITTED BY: PAUL EMERY, INTERIM CITY ADMINISTRATO
PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR PUBLIC WORK
SUBJECT: Approve As -Needed Construction Management Agreements
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The Public Works Department requires General Construction
Management services on an as -needed basis.
Funding Source: Funds are available within budgeted capital improvement projects.
Recommended Action: Motion to:
Seery 1.
Approve and authorize the Mayor and City Clerk to execute Professional Services
Agreement with TransSystems for As -Needed Construction Management and
,Administrative
Support Services for an amount not to exceed $3 million.
Approve and authorize the Mayor and City Clerk to execute Professional Services
Contracts with Dudek, for As -Needed Construction Management and Administrative
Support Services for an amount not to exceed $3 million.
3.
Approve and authorize the Mayor and City Clerk to execute Professional Services
Contracts with CivilSource for As -Needed Construction Management and Administrative
Support Services for an amount not to exceed $3 million.
'S
Approve and authorize the Mayor and City Clerk to execute Professional Services
I�Ut
Contracts with IDS Group for As -Needed Construction Management and Administrative
Support Services for an amount not to exceed $3 million.
Alternative Action(s):
Approve selected, or none of the agreements and direct staff to request proposals from other
engineering firms to complete current and future projects or direct City staff to perform this
work. Due to limited availability, using City staff could jeopardize_ the completion of all
projects to be constructed each year.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 8/4/2008 DEPARTMENT ID NUMBER: PW 08-33
Analysis:
The City currently has no agreements with firms to provide construction management
services on an as -needed basis. Contract assistance has been project specific construction
management agreements or as -needed civil engineering consultants. Construction
management is a specialized function in completing capital projects, and as -needed services
provide the most flexibility for the city. The proposed new agreements each allow for a five-
year contract term with a total budget not to exceed $3 million per firm.
In compliance with Chapter 3.03 of the Municipal Code, proposals were requested from
interested firms. Proposals were rated by experience and ability to provide services on an
as -needed basis. Four qualified firms were selected.
It is to the City's benefit to retain qualified firms for capital project construction management.
Project assignments are rotated among the consultants, taking advantage of their various
specializations. The alternative to as -needed construction management agreements is the
preparation of request for proposals and requesting proposals for individual projects. With
over 50 budgeted projects to complete over the next two years; the as needed process
provides significant savings in staff hours.
Public Works Commission Action: Not required
Strategic Plan Goal:
1-1 Improve the City's plan for funding and completing infrastructure needs, and develop
strategies for resolving crucial infrastructure problems to preserve the physical foundation of
the community and enable the community's value to grow. C-2 Provide quality public
services.
Environmental Status: Not applicable
Attachment(s):
Pic L - 1 1. ( Professional Services Contract with TransS
Professional Services Contract with Dudek
sq� seP,mr 3. Professional Services Contract with CivilSource
4. Professional Services Contract with IDS Group
-2- 7/15/2008 5:25 PM
y
City of Huntington Beach
2000 Main Street ® Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
August 14, 2008
Dudek
Attn: George Litzinger
605 Third Street
Encinitas, CA 92024
Dear Mr. Litzinger:
Enclosed for your records is a copy of the Professional Services Contract between the City
of Huntington Beach and Dudek for As -Needed Construction Management and
Administrative Support Services.
Sincerely,
JF:pe
Enclosure: Agreement
G:followup:agrmtltr
Sister Cities: Anjo, Japan a Waitakere, New Zealand
(Telephone: 714-536-5227 )
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DUDEK FOR AS -NEEDED CONSTRUCTION MANAGEMENT
AND ADMINISTRATIVE SUPPORT SERVICES
Table of Contents
Scopeof Services.....................................................................................................1
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
Assignment and Delegation.......................................................
Copyrights/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
Signatories................................................................................................................10
Entirety.....................................................................................................................10
EffectiveDate.................................................................................
I I
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
DUDEK FOR AS -NEEDED CONSTRUCTION MANAGEMENT
AND ADMINISTRATIVE SUPPORT SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California, hereinafter
referred to as "CITY, and DUDEK, a California corporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to provide as -needed
construction management and administrative support 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 George Litzinger who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in
the performance of this Agreement.
08-1643/23284 1
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on &(aaur 04, ate$ (the "Commencement Date"). This Agreement shall
automatically terminate five (5) years from the Commencement Date, unless extended or sooner
terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later
than June 30, 2013 from the Commencement Date. 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.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
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 Three Million Dollars ($3,000,000.00).
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 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."
08-1652/ email
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 (or alleged 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 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
08-1643/23284 3
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.
If CONSULTANT fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the CITY with required proof that
insurance has been procured and is in force and paid for, the CITY shall have the right, at the
CITY's election, to forthwith terminate this Agreement. Such termination shall not effect
Consultant's right to be paid for its time and materials expended prior to notification of
termination. CONSULTANT waives the right to receive compensation and agrees to
indemnify the CITY for any work performed prior to approval of insurance by the CITY.
08-1643/23284 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. 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 all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agents and
08-1643/23284 5
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.
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.
08-1643/23284 6
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: Eric R. Charlonne
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
Dudek
Attn: George Litzinger
605 Third Street
Encinitas, CA 92024
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.
18. MODIFICATIO
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
08-1643/23284 7
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 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.
08-1643/23284 8
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, 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 nonprevailing 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.
08-1643/23284 9
27. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has
the power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event
that such authority or power is not, in*heby signatory or is rthdrawn.
CONSULTANI''s in
28. 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.
REST OF PAGE NOT USED
08-1643/ 23284 10
29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the
date of its approval by the City Council. This Agreement shall expire when terminated as
provided herein.
AND
By:
print name_
ITS: (circle one) Secretary'LChie_ f F`inancial Office?/Asst.
Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
X"
Mayor
City Clerk i
INITIATED AND APPROVED:
Director of Public orks
REVIEW A D APPROVED:
City Adn&j1rator
�APPROVED AS TO FORM: /
JAA�/'- Off
City Attorney AV' r - g T 08
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08-1643/ 23284 11
EXHIBIT "A"
A. STATEMENT DE WORD:
CONSULTANT shall provide construction management and administrative support
services for various City capital improvement construction projects such as sewer lift
stations, roadway rehabilitation, new park developments and waterline projects on an "as -
needed" basis.
Due to the fact that some of the City projects will be funded by Federal or State grants,
CONSULTANT must comply with requirements of Caltrans' Local Program Manual and
the City of Huntington Beach Quality Assurance Plan for Federal and State Funded
Projects and all applicable prevailing wage laws.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT's duties and responsibilities shall follow provisions specified in the City
of Huntington Beach As -Needed Construction Management and Administrative Support
Typical Scope of Work (Exhibit A.1). Detailed services shall include but is not limited to
the following scope of work shown in Exhibit A.2.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. Furnish a scope of work request for each project assigned.
2. Furnish construction plans and specifications to the consultant.
D. WORK PROGRAM/PROJECT SCHEDULE:
A project schedule will be developed for each project assigned by CITY.
jmp/contracts group/exA/6/10/08 1 of 1
EXHIBIT A.1
Typical Scope of Wort
City of Huntington Beach
Construction Management and Administration Services
For City Capital Construction Projects
1.0 Project Description: This scope of services is to provide the typical construction
management and administration services for various City Capital Improvement Projects.
The following are the typical services and producibles anticipated for these projects.
2.0 Pre -Construction Services
2.1 Attend the pre -bid meeting.
2,2 Perform Constructability Reviews on 75% complete designs (this will be a
separate fee request, as needed)
2.3 Perform a thorough review of project design 100% design documents to become
familiar with the project.
2.4 Prepare the Construction Management Procedures Manual for each assigned
project.
2.5 Establish project filing and other record keeping systems.
3.0 Mobilization
3.1 Pre -Construction Meeting. Schedule, notify appropriate parties, and conduct an
initial pre -construction meeting with the Contractor. Prepare and distribute pre -
construction minutes to attendees and other parties. The pre -construction meeting
shall cover, as a minimum, the overall project objectives, responsibilities of key
personnel and agencies, schedules, schedule of values (bid breakdown),
procedures for handling submittals, correspondence, utility relocations, local
agency permit requirements, requests for clarification, progress payments, change
orders, safety issues, emergency response requirements, and other pertinent :.
topics. Provide opportunities to have the Contractor's questions answered.
Collect from the Contractor the submittal items required to be submitted at the
pre -construction meeting.
4.0 Correspondence, Reports, and Other Forms of Communication
4:1 Document Standards. Prepare project correspondence and other forms of
communication in accordance with industry standard document control and
management procedures.
Page 1
4,2 Document/Tracking Control. Manage the receipt, logging, control, tracking, and
timely processing of project documents, including correspondence and other
forms of communication, technical documents, shop drawings, calculations, data,
submittals, manuals, and samples received as part of the construction process,
non-compliance, work to be completed, and other tracking logs as requested.
4.3 Records. Maintain records of inspections, reports, and test results received from
the Contractor, Design Engineer, manufacturers, and others.
5.0 Site Conditions and Progress Visual Documentation
5.1 Pre -Construction Video. Coordinate and review the Contractor's videotape of pre -
construction site conditions prior to beginning any construction operation.
Confirm existing conditions within the limits of the work in adjacent areas and
along access and haul roads, The Contractor's documentation shall clearly depict
the pre-existing conditions of public and private improvements, including, but not
limited to, street, drainage, utilities, landscaping, and irrigation improvements.
Compare Contractor's pre -construction site surveys to the site surveys performed
under this scope of work. Note any discrepancies and resolve issues. Describe in
memorandum, submitted prior to the beginning of any construction operation,
pre-existing damage identified within the limits of work and along access and
haul roads, Meet with owners of pre-existing damage to document and confirm
existing conditions. Document any damage to public and private improvements
incurred during construction operations and meet with owners immediately
following discovery of damage to resolve repair requirements and responsibilities.
5.2 Progress and Other Photos. Maintain a digital photographic library of significant
construction activities. Include new piping and structures, relocated utilities, and
connections to existing facilities. Take additional photographs to document
differing site conditions, change order and claim items, and any special or unique
conditions as they arise. Incorporate photographs taken by others into the overall
photo documentation record of the project.
6,0 Meetings
6,1 Weekly to Monthly Construction Progress Meetings. Schedule and conduct
construction progress meetings with the Contractor and the City. Provide meeting
agendas and discuss the schedule, near -term activities, clarifications and problems
which need resolution, coordination with other Contractors, status of change
orders, submittals and RFIs, safety issues, OSHA visits and citations, and other
topics. Identify action items and assign responsibility for the action and date
action is to be completed. Prepare minutes of the meetings and include identified
action items. Review the meeting minutes with the Contractor and obtain the
Contractor's concurrence with the content. Distribute the minutes to the attendees
within five calendar days of the meeting,
6.2 Other Meetings. Attend other construction -related meetings as requested by the
City.
Page 2
7.0 Shop Drawing and Submittal Reviews
7,1 Submittal Reviews. Review each submittal received from the Contractor for
conformance with the requirements of the drawings and specifications. Check
each submittal against the Contractor's schedule for potential impacts.
Coordinate required reviews of submittals with the Design Engineer and the City.
Submittals of a general nature are to be reviewed and processed by the Design
Engineer. Distribute submittals to appropriate reviewers with dated transmittal
letters.
7.2 Submittal Log and Status of Submittals. Log, track, and monitor shop drawings,
calculations, data samples, submittals, and manuals from the Contractor. Update
the submittal log as items are received and responses given. Prepare weekly
exception reports identifying outstanding submittals and reviews. Review with
the Contractor the status of submittals at the weekly construction meeting using
the submittal log and the master submittal list.
8.0 Plan and Specification Interpretation and Control
8.1 Requests for information (RFA Coordinate the RFI log. Review and respond to
Contractor RFI. Make every effort to review and provide appropriate response to
RFI prior to involving the Design Engineer. Distribute RFI to appropriate staff
and coordinate timely response. Review answers and prepare formal response to
Contractor within five calendar days of receipt of response, or as needed to meet
schedule requirements. Respond in writing to Contractor questions from a
reasonable review of the drawings and specifications for clarification items.
Record changes in the record specifications and plans.
8,2 Requests for Changes in Design. Review and respond to requests for design
revisions by the Contractor. Responses to requests for design revisions require
prior written approval from the City and/or Design Engineer. Revisions in design
may take the form of value engineering (VE) and shall require extensive research,
evaluation, and recommendation from the Design Engineer. Provide written
recommendations, as required.
8.3 Field Orders. Initiate and review field orders when a change in the work is needed
to maintain the design intent. Issue the field order to the Contractor and monitor
the work for compliance. Track the issued held orders in a log. Record the
changes in the record specifications and plans. If required, follow-up with a
change order within 14 calendar days of mutual agreement with Contractor on
pricing and conditions.
8.4 Substitution Requests. Coordinate evaluation of "or -equal" or product substitution
requests with the Design Engineer, the City, vendors, manufacturers, and others.
Prepare evaluation and recommendation for "or -equal" or product substitution
request.
8.5 Record Drawings and Specifications. Update continually the plans and
specifications as the work progresses. Incorporate modifications and changes
from all sources, such as submittals, RFI, VE, field orders, extra work, and
Page 3. _
change orders. Compare the record drawings and specifications with the
Contractor record drawings and specifications monthly.
9.0 Construction Management Administration and Staffing
9.1 Management. Oversee, perform, and coordinate construction management
services as required by the progress of the work. Prepare reports, letters, and
memoranda; conduct meetings; monitor and track the expiration of insurance
requirements and obtain updated certificates from the Contractor (City to process
through Risk Management); coordinate subconsultants, testing, and specialty
services; review daily inspection notes and identify and resolve nonconforming
items; notify the City of significant problems and discrepancies; interpret
drawings, specifications, and reference standards; monitor construction activities
and schedules; resolve constructability problems; coordinate connections and
operations; prepare change orders; review and notify the Contractor of test results;
investigate claims; perform inspections; review the Contractor's project record
drawings periodically and concurrently with Contractor progress payments;
prepare project punch lists; and all other duties related to construction
management as requested by the City.
9.2 Resolution of Day -to -Day, Construction Issues. Lead resolution of day-to-day
construction issues raised. Coordinate with the City, Design Engineer, and
Contractor on technical issues and concerns, as well as interpretation of the design
documents. Interface with the Design Engineer for resolution of technical issues,
processing of change order requests or design changes to suit actual conditions
encountered in the field.
10,0 Progress Payments
10.1 Monthly Review, Conduct monthly schedule and progress payment meetings
with the Contractor and coordinate and update the record drawings at this
meeting, The result of the meetings shall be the progress payment estimate and
the baseline schedule. Coordinate the review of the Contractor's monthly
progress payment request with City staff and prepare a recommendation stating
the proper amount of payment. Use the Schedule of Values and actual quantities
installed as a basis for the recommendation.
10.2 Prepare monthly progress reports, of 6 to 10 pages, for City staff.
11.0 Change Order Management
11.1 Identify and Track Changes. Identify and track potential changes to the work.
Prepare, log, and monitor Contractor or City initiated changes to the work, extra
work, and change orders.
11.2 Requests for Cost Proposals. Request cost proposals from the Contractor for extra
work and negotiate final cost.
11.3 Justification of Extra Work or Change. Prepare written justification and cost
estimates for each extra work or change item. Justification shall include a
Page 4
statement of the extra work or change; background leading to issue; resolution
alternatives and resolution recommendation for action by the City.
11 A Prepare Change Orders. Prepare and submit change orders in the City's format to
the City for written approval within seven calendar days of the finalization of
negotiations.
12.0 Claims Management
12.1 Identify and . Track . Claims. Identify, prepare, log, and monitor Contractor
potential claims. Report verbal and written claims immediately to the City.
Coordinate claims with the City's Project Manager, Risk Manager, and General
Counsel Office,
12.2 Resolution Alternative. Prepare written explanation of each claim with full
background of issues, proposed resolution alternatives, and resolution
recommendation for action.
12.3 Negotiate and Resolve Claims. Assist and support the City in resolving claims
and disputes, including written responses to Contractor and private parties, giving
depositions, assisting with dispute resolution, arbitration and litigation, serving as
an expert witness; investigating claims for damages by private sources, design
services for replacement of damaged work, and services made necessary by
Contractor default. Negotiate claims to an agreed conclusion.
12.4 Private Party Claims. Investigate claims for damages by private parties and
respond in writing within two calendar days of receipt of the claim. Coordinate
the written response with the City's Project Manager and Risk Manager,
13.0 Quality Assurance
13.1 Inspection of the Work. Provide inspections as necessary to ensure that materials
and workmanship are in compliance with the contract documents. Coordinate
delivery, inspect for defects or missing parts, and oversee recording the receipt
and storage of equipment. Inspect construction activities, which are identified in
the contract documents to be performed at night, weekends, and/or holidays.
13.2 R orts. Prepare reports of the construction activities including weather
conditions, Contractor's equipment and manpower, work performed, materials
used, site visitors, noting delays in work and reasons for the delays, and
deficiencies. Prepare reports of deviations and non-conformance to specifications
and provide responses in accordance with the specification requirements.
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13.3 Revisions to Contractor's Methods. Discuss appropriate revisions to the methods
and procedures used in performing the work, inspectors may not authorize extra
work or approve of work that deviates from the contract documents. Any
deviations must be authorized through the RFI process.
13A Deviations in the Work. Advise the City's Project Manager and the Contractor of
deviations in the work and document any deviations. Record deviations that are
not corrected and immediately deliver a Notice of Non -Compliance to the
Contractor. Perform necessary follow-up to resolve Notices of Non -Compliance.
Include unresolved Notices of Non -Compliance on substantial completion punch
lists.
13.5 Pipeline Shutdowns. Coordinate necessary pipeline shutdowns, with City staff; to
complete connections to existing facilities.
14.0 Geotechnical Engineering and Material Testing Services (by the City)
141.1. General Requirements. Schedule sampling, material testing, and laboratory
services in accordance with the methods prescribed in current standards of the
American Society for Testing and Materials (ASTM), The standards shall be
applicable to the class and nature of the articles or materials under review unless
otherwise stipulated in the project specifications, or authorized in writing by the
City. The City will hire the Geotechnical Engineer for each project
15.0 Landscape and Revegetation Inspection (by the City)
15.1 General Requirements. Verify that inspection, sampling, and testing of landscape,
irrigation, and revegetation systems to ensure contract compliance of all work and
the establishment of all planting to the standards, quality, and density required of
the contract documents.
15.2. . Landscape Inspection and Testing. Verify that inspections and testing of irrigation
systems for proper placement, installation, bedding and backfill, leakage, and
coverage. System components to be inspected will include mainline and lateral
irrigation pipe, valve manifold assemblies, backflow devices, quick couplers, and
irrigation equipment. Receive and review all soil report data and soil amendment
and fertilizer slips for conformance with contract documents.
16.0 Startup, Closeout, and Acceptance Services
16.1 Qperation Testing Plan. The operational testing plan shall be developed in
consultation with the City, Design Engineer, Contractor, and all appropriate
vendors, Review and recommend the operational testing plan. Coordinate the
testing of the equipment and facilities with the City, and assist Contractor's
personnel as required during the startup phase.
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16.2 Punch List. Prepare detailed project punchlists at substantial completion of the
project. Upon correction of deficiencies, schedule, coordinate, and conduct a
final walk-through prior to the acceptance of work with the City and other parties.
Provide certification of Contractor's compliance on work items specifically
requested by the City. Verify that work, testing, cleanup, and Contractor
demobilization are complete.
16.3 Final Walk -Through. Schedule, coordinate, and conduct a final walk-through and
project review prior to the acceptance of work with the City.
16.4 Recommended Acceptance. Recommend acceptance of the work in writing in
preparation for issuance of the Certificate of Substantial Completion and/or
Notice of Completion.
16.5 Closing. Out Contract. Take the lead in negotiating and closing out the
construction contract. Prepare the memorandum to the City recommending
acceptance of the project and the Notice of Completion.
16.6 Final Proiect Records and Documents. These records must be turned over to the
City upon completion of the project
17.0 Post Construction
17.1 Operations and Maintenance Materials. Deliver the Operations and Maintenance
Manuals and any spare parts and equipment upon acceptance of the project by the
City,
17.2 Record Drawings Certification. Review and certify that the Contractor's project
record drawings are complete and accurate. Provide the drawings to the Design
Engineer.
17.3 Final Payment. Recommend final payment in the form of release of retention to
the Contractor in accordance with contract requirements. Verify that the
Contractor has made all payments to the subcontractors and vendors and that any
stop notices or liens have been released. Obtain a Conditional Waiver of Lien
from the Contractor prior to recommending final payment.
18.0 Extended Services (by separate fee request)
20.1 Extends& Services. Provide other miscellaneous specialty services as required
during construction. Miscellaneous specialty services, which may be required,
include, but are not limited to: mechanical, electrical, structural, and civil
supplemental engineering design; witness testing; factory inspections; and noise
and air quality monitoring services.
Page 7
Scope of Work.
Construction Management
The key to success for the City of Huntington Beach's construction projects is to develop a clear
understanding of the project and issues that will be encountered during construction. The CM's
role is to understand and interpret each project's plans, specifications and permits to ensure
compliance. They must be able to anticipate and have knowledge of the challenges the contractor
will face and have the ability to proactively discuss and resolve them with the contractor,
engineers, property owners and the public -at -large to avoid negatively impacting the project
schedule and budget.
1.2 General Approach
Our philosophy is that obtaining quality construction is a combined responsibility of the
construction contractor and the construction team. Our mutual goal must be a quality product
conforming to the contract requirements. A cooperative and professional working relationship
must be established to realize this common goal. The plans and specifications establish the
standards the CM will use to monitor the project's progress. Quality assurance is the process by
which the manager delivers the end product, using plan specifications, contract, conditions of
approval and permits. The process starts well before construction and includes reviews of the
plans and specifications for bidding and constructability.
The Dudek team approach is to provide the City with construction management services to
facilitate a project that is completed per code, on time, within budget, and to the City's standards.
Furthermore, we need to ensure the City is completely satisfied. We will listen to the City closely
to develop a complete understanding of the goals and needs by attending all pre -construction
meetings from the outset.
COMMUNICATIONS IN WRITING
Paperwork is critically important in construction management. All communication will be
provided to effected personnel in writing. Our managers/inspectors maintain daily logs, complete
incident reports and photograph elements of a project. We have found this philosophy helps
alleviate any miscommunication or forgotten responsibilities.
COMPl_,IANCE
Dudek will comply with all Federal and State laws, permits, and other regulations as required.
Our compliance includes Greenbook and Caltrans Standard Specifications, City of Huntington
Beach Standards, and OSHA Construction Safety Standards.
1.3 Coordination and General Project Management
The CM will maintain on -going interaction with the City, contractor, design engineer, and key
suppliers through progress meetings and project updates conducted at regular intervals after start
of construction.
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Dudek will conduct weekly progress meetings at the site with, at a minimum, the City and
contractor attending. We strongly recommend the general contractor's assigned Project Manager
and Superintendent attend each meeting. Other affected agencies and entities will be invited, and
encouraged to attend to hear the information being discussed. At times their attendance will be
mandatory if there are specific issues to address which are in their area of responsibility.
Regardless, agendas and meeting minutes will be made available and distributed to those wishing
copies.
In addition to regular project progress meetings, the CM will conduct internal weekly staff
meetings to coordinate the many subconsultants. These meetings will be conducted to obtain our
staff s concerns and issues so that they may be incorporated into the regular weekly project
meeting. The intent is to conduct these meetings on a Monday for the upcoming week and
incorporation in the following Thursday morning project progress meeting.
COMPLIANCE
Dudek will comply with all Federal and State laws, permits, and other regulations as required.
This will include conducting interviews with the contractor's and subcontractor's employees to
verify labor compliance. We will review certified payroll to verify compliance with Prevailing
Wage Rates.
KI . K-OIL 1, NI STING wr l THE CITY
The kick-off meeting is designed to make certain that all concerns of the City, and all other
involved agencies, have been discussed, clearly defined, and understood. The following is a
tentative agenda:
Discuss and understand the City's philosophy and expectations
2. Confirm project goals
3. Discuss and obtain current copies of all project documents
4. Discuss project issues and potential solutions
5. Review lines of communication
6. Assign tasks and establish next steps.
DEIVELOP QUALITY ASSiJ1tANCI PROGRAM
The construction management objective, as it relates to Quality Assurance/Quality Control
(QA/QC), is to provide reproducible evidence that a quality constructed project is delivered. The
Dudek QA/QC program will make certain that all testing and inspection activities are performed
with quality materials, state-of-the-art workmanship, and are completed on -schedule and on -
budget. The QA/QC personnel will strictly enforce the technical specifications, construction
drawings, industry standards, and manufacturer's recommendations to provide only approved
materials and installation workmanship is incorporated into construction. The CM will
coordinate as appropriate.
P tI -C:;C. NS'1 1C.;' "1C?N CC.INI+ERU"NC'I
Prior to the Notice -to -Proceed (NOP), the CM will meet jointly with the contractor and City, as
needed, to outline for the contractor the following: contract administration guidelines,
contractual roles and relationships, and reinforcement of specific requirements for safety,
security and access through various construction sites. The CM will outline project concerns. At
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this meeting, the contractor will be furnished a detailed procedures booklet prepared by the CM
detailing all of the above.
Mobilization and staging requirements will be reviewed and discussed, and contract interfacing
with other contractors working on the site will be discussed for a complete understanding of the
site usage, ROW issues, the proposed inspection staff, reporting features required by the
contractor, contract administrative details, etc. will be addressed for complete job site
familiarization.
Dudek will prepare the agenda, conduct the meeting and issue meeting minutes. This meeting
will set the tone for the project and is crucial that the contractor understands that we expect him
to comply with the contract documents, particularly in regards to environmental and public
relations. The goal is to make certain that the contractor understands that we are there to enforce
the specifications, and that we will do it fairly and consistently. We want to portray that our
attitude is one of mutual cooperation and respect and that we are there to help expedite the
project and not to become a hindrance.
(.10 TRACT OR COORDINATION
ION
Dudek may utilize schedule comparison software, Claim Digger, to compare consecutive
monthly schedule updates from the contractor. The comparison software will identify any
irregular scheduling practices which the contractor might employ in order to overstate the
quantity of work complete or understate the magnitude of the slippage to the schedule. The
comparison software will identify variances in activity durations, activity calendars, activity
relationships, and other subtle manipulations of the schedule. The contractor will be required to
provide a written narrative with schedule updates specifically listing all changes in logic.
On -Site (oostruction Nlanagement ' cam. The on -site construction management team will be on -
site daily during working hours and whenever work is performed outside of normal working
hours. The CM will be available by cell phone or pager whenever they are not at the site to
answer any questions and resolve issues. The on -site CM will be the key point of contact for the
contractor's project manager and superintendent during the course of the work. The on -site CM
will not direct the contractor's work but, will facilitate the contractor's efforts to complete the
work by anticipating issues that might affect the progress of it.
The on -site construction management team will inspect the site daily, manage subconsultants,
and conduct weekly progress meetings with the contractor. One of the important activities is the
weekly progress meeting with the contractor. This is where old business and new business issues
are discussed in detail, action items developed, progress to -date reviewed, contractor's three
week look -ahead schedule presented, and discussion of interest items from the City and/or other
consultants.
Weekly progress meeting zx..inutes. Will designate who is responsible for action item results, and
are distributed to all in attendance and the City within 48 hours of the meeting. These action
items, chronologically listed, are tracked until they are resolved.
If the contractor's work is non -conforming to the plans or specifications, the on -site CM will
issue a written Notice -of -Noncompliance report. This will require a written response from the
contractor, and the issue will be tracked until the issue is resolved to our satisfaction.
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Submittal review is always a key issue. The CM will assist with a submittal review meeting, and
with expediting the submittal turnaround process. The on -site CM will conduct a submittal
review meeting with the contractor for designated critical submittals, to insure submittals are
returned for prompt material procurement.
Master Submittal Log. The CM will develop a master submittal log to cross check the
contractor's submittal log. This identifies what we expect and we can tell the contractor what is
lacking during his master submittal log review.
Setup logs. RFI, RFP, RFC, correspondence, and procedures for tracking and reporting. We will
set our files up according to the City's requirements.
Construction Schedule. We will review and analyze each activity, and the logic, to determine if
the work conforms to the contract requirements and if the work can be built to the contractor's
schedule. We will compare production rates and material rates. We will check to see if adequate
time is devoted to construction activities. We will provide a written response to the contractor's
schedule submittals.
The CM also will develop a detailed job schedule to fully understand the contract work, and use
this schedule to evaluate the contractor's cost -loaded schedule. We plan to be ahead of the
contractor with schedule analysis, and this tool helps us understand what the contractor is trying
to achieve with his schedule. Oftentimes the contractor schedule is too broad and we will require
sufficient work breakdown structure detail for the CM to evaluate each activity and cost.
Change 0rders/Rl-'1/RF(..,. The CM will maintain the RFC, RFP and CO Logs in a format that is
accessible to the City staff. We have a proven system in place that can be set up quickly and
coordinated with the City staff requirements. We will provide the required estimate and analysis
of all RFIs and, after negotiations, provide a complete record of negotiation for the reason for the
change, why the change was needed, as well as a detailed report on the labor, equipment,
material, and other costs.
Critical Action Item Report. In order to make sure project issues are identified and resolved
quickly, project issues will be organized on a critical action item report. The report will detail
administrative, design, construction, environmental and coordination issues that arise. Each
action item will be assigned to project personnel with a target date to complete or resolve the
item. The report will be updated at the weekly construction management staff meeting and the
contractor progress meetings. The report will be included in the monthly progress report.
One of the key areas requiring swift response and coordination is the contractor's RFI document.
This usually is a request for design clarification, or a correction of noted conflict in the drawings
and/or specifications, and often has the potential for a claim. RFIs will receive our immediate
attention and timely response to which will be a major component in our claims avoidance
program.
The CM will be able to respond quickly, professionally and consistently to the City's inquiries.
The reporting system will be tailored to the needs of the City and will include the following
major components:
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• Narrative Progress Reports. Prepared monthly to describe schedule, cost, estimating and
accounting activity, including an executive summary, as well as discussions of construction
and utility relocation progress. These reports will include schedule and progress payment
status, the preceding month's developments, plans for the current month, future plans, issues,
requests, recommendations, and general comments. When required, Dudek's . CM will
provide weekly written narratives addressing specific issues and/or disputes.
• Schedule Reports. Evaluation of contractor's monthly schedule update, identification of poor
field production or other contractor caused delays.
• Progress Photos. Captioned, digital images depicting critical milestones in the work.
• Weekly Project Progress Meeting Minutes.
• QA/QC Reports. Including daily inspection diaries and Notices of Non Compliance to the
contractor.
In the event of a safety concern, accident, or major quality issue, daily inspection diaries, and
digital photo images, will be e-mailed to the City's project manager by the following morning.
Continuing in Dudek's tradition of time efficient management services, we will employ a state-
of-the-art photo documentation system using commercially available photo management
software. Upon commencement of the day's fieldwork, Dudek's personnel will download the
day's images from each digital camera to the computer network located in the field office.
COINSTRIX.-FION WIC EKLV PROGRESS M :I{ TINC;S
The CM will schedule and chair weekly and monthly meetings with representatives of the
contractor, subcontractors and the City to resolve all project matters (e.g., progress, job problems
Notices of Non -Compliance, actions requiring clarification of design intent ambiguities in
contract documents). Responsibilities for response will be assigned to appropriate participants.
Action monitoring will be implemented to insure compliance and timely response by all parties.
The meetings will be documented and distributed to the City, contractor, and engineer/architect
for a complete record of project transactions and be included in the project library. Minutes of
the meeting will be prepared and distributed to participants the next working day after the
meeting.
P1,ANS AN[) SPE(`I.E IC_'ATIONS INTERPRETATION & C ON T 0 ,
Typically, the contractor's requests for information will be of such a nature that Dudek's on -site
CM will respond to the contractor via a fair interpretation of the contract drawings and
specifications. With the City's approval, Dudek's on -site CM will review and transmit all design
related RFIs to the design engineer. Should clarification or other action be required of the design
engineer in connection with the RFI, Dudek's on -site CM will obtain a suitable response as soon
as possible and continue to interface with the City's design engineer until the RFI is satisfactorily
answered. Documentation of the entire RFI response process will be incorporated into the
document tracking system.
P (CRE..SS PAYM ENT
The Dudek Team realizes the importance of an accurate timely review of the progress for each
month. The on -site construction manager will field measure pay quantities in accordance with
Greenbook and project specifications. We will meet with the contractor and discuss the status of
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pay quantities, schedule of values (if there are any lump sum bid items), and review the
contractor's "as-builts" at the end of the month. The on -site CM will then make a
recommendation to the City for the amount of the monthly progress payment application.
Ten (10) percent of approved payment will be set aside for retention. When the acceptable
percentage of work installed exceeds 50%, the CM may entertain a contractor request for
reduction of retention for satisfactory progress and make a recommendation to the City.
CONTRACTOR'S CLAIMS AND CHANGE ORDERS
The goal of the Dudek Team is to avoid claims and change orders altogether. However, this isn't
realistic, as every project has changes to the contract, whether Owner generated, or as a result of
changes to the contract documents. The key is to address any changes to the contract on a timely
basis, not waiting until the end of the project, or when it is convenient. Potential changes must be
dealt with quickly and brought to the attention of the on -site CM immediately. Documentation is
extremely important. When a contractor submits a change order request we will insure that they
provide proper documentation and justify their request. The on -site CM will promptly evaluate
and provide a written position to the City prior to responding back officially to the contractor.
CHANGE ORDERS
The CM will have no authority to issue changes or modifications to the contract documents
without approval of the City. The changes will be initiated by the City or requested by the
contractor. The CM will track, document, and negotiate, all changes for added costs or credits
with the contractor, and evaluate all schedule impacts of changes, in addition to advising the City
of equitable costs and time adjustments for proposed or authorized changes. The CM will
coordinate change order procedures for preparation of changes to be executed by the contractor
and the City. Tracking logs and status for reporting of all changes is a part of the proposed
document control system.
CLAIMS MANAGEMENTAND AVOIDANCE
Our approach to claims management focuses on claims avoidance during preconstruction and
mitigation during construction. Claims avoidance techniques include constructability reviews of
the design and contract documents, and identification and contract accommodation of potentially
changed conditions such as subsurface features and proper structuring of bid documents.
Critical claims avoidance areas:
• Ambiguous contract documents
• Changed subsurface conditions
• Incomplete right of way acquisition
• Hazardous waste discovery / disposal
• Environmental document measures
• Delayed equipment or material delivery
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EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly payments toward the fees set forth
herein in accordance with the following payment schedules.
CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost
schedule:
See Exhibit B.1 — Proposed Hourly Fee Schedule
Total fees shall not exceed Three Million Dollars ($3,000,000.00). CONSULTANT agrees to inform
the CITY when CONSULTANT is at the point of reaching the maximum limit. CONSULTANT
shall not continue with any work effort over the amount of the maximum limit unless first authorized
in writing by City authorized representative(s).
The hourly rates for years four and five shall increase based on the Consumer Price Index (CPI) for
all Urban Consumers in the Los Angeles, Riverside or Orange County areas or 5%, whichever is lower.
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
Surfnet Exhibit B
EXHIBIT B
Nixed Fee Payment
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
Surfnet Exhibit B
EXHIBIT B
Fixed Fee Payment
EXHIBIT B.1
Mr. Eric Charlonne
Subject Cost Proposal for City of Huntington Beach As -Needed Construction Management and
Administrative Support Services for Capital Improvement Projects
City of Huntington Beach
As -Needed Construction Management and
Administrative Support Services
Cost Proposal
March 26, 2008
Staff
Title
Rate.
George Litzinger, PE
Principal Project Manager
$160 per hour
Shannon Goodrich
Alternate Project Manager
$150 per hour
George Litzinger, PE
Principal Engineer
$160 per hour
Richard Cook
Senior Project Manager
$150 per hour
Eric Honour
Area Construction Manager
$140 per hour
William Gallegos
Senior Construction Manager/Resident Engineer
$140 per hour
Scott Fisher
Project Engineer
$135 per hour
William Harrison
Cost Estimator
$160 per hour
Jim Courtney
Senior Planner/Permit Specialist
$135 per hour
Paul Caligiud
CADD Operator/Drafter
$120 per hour
Raphael Miller
LEED Certified Inspector
$125 per hour
Tom Kiskadden
Inspector/Construction Observer
$110 per hour
Jason Linsdau
Assistant Construction Manager/Field Engineer
$130 per hour
t
Deborah Maher
Clerical
$75 per hour
208077-22010
®U D E K 1 March 2008
ACORDCERTIFICATE ®F LIABILITY INSURANCE DAT06/26120 8 YY)
TM.
PRODUCER Phone: (360) 598-3700 Fax: (360) 598-3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MICHAEL J. HALL & COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
AlE INSURANCE SERVICES HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
19660 10TH AVENUE N.E. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
POULSBO WA 98370
INSURERS AFFORDING COVERAGE NAIC #
Ac end Uc#: 0792445 1
INSURED INSURERA: F(REMAN'S FUND INSURANCE, CO.
DUDEK INSURER B: GREENWICH INSURANCE COMPANY
605 3RD STREET _
ENCINITAS CA 92024 INSURER C:
.INSURER D:
I INSURER E:
COVERAGES
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 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
tNSR
LTR
ApD'iI
INSR
TYPE OF INSURANCE
POLICY NUMBER !
POLICY EFFECTIVE 1
DATE MM70D 1
POLICY EXPIRATION
DATE MMIDDNY
LIMITS
GENERAL LIABILITY I
MZG80878514
08128107
08128108 1
EACH OCCURRENCE $ 1,000,000
DAMA� GE TO RENTED ......._._...�-.
PREMISES (Ea o enca) $ 100,000
X COMMERCIAL GENERAL LIABILITY i
;CLAIMS MADE OCCUR
i
i
—
MEO. EXP (Any one person) ($ 51000
9 ADV INJURY i $ 1,000,000
APERSONAL
j
_ T
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS-COMPJOP AAGG. $ 2,000,000
�i POLICY PERO -I IOC;
AUTOMOBILE
LIABILITY
ANY AUTO
MZG80$78514
08/28107
08/28/08
COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
I X
ALL OWNED AUTOS
1
BODILY INJURY
SCHEDULED AUTOS
(Per person) $
A
HIRED AUTOS
NON -OW NEO AUTOS
'
1�
I ro FORM
X
BODILY INJURY
(Per accident) $
X
X
-
PROPERTY DAMAGE $
(Per accident)
-
DED: COMP-$50D/COLL-$500
M
j -Ey
GARAGE LIABILITY
AUTO ONLY _EA ACCIDENT $ _
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGG $
I EXCESS I UMBRELLA LIABILITY
X ; OCCUR CLAIMS MADE
CGX78640687
06/26/07
08/28/08
j EACH OCCURRENCE $ 1,000,000
AGGREGATE $ 1,000,000
$
AI
i �1
DEDUCTIBLE
ml
Ti,
RETENTION $ 0
$
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERfEXECUTIVE
OFFICERIMEMBER EXCLUDED?
WZC80955059
08128107
08/28/08
X ORY LIM TS i OTHER
E. L. EACH ACCIDENT '$ 1,000,000
E.L. DISEASE -EA EMPLOYEE $ 1,000,000
If yea, describe under
SPECIAL PROVISIONS k.1—
E.L. DISEASE -POLICY LIMIT 1 $ 1,000,000
OTHER: PROFESSIONAL LIABILITY PECO024031
08/28108
08128109
1$1,000,000 PER CLAIM
B POLLUTION LIABILITY
CLAIMS MADE POLICY
$Ix0,000 AGGREGATE
RETRO DATE: 111/70 .
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
SEE SUPPLEMENTAL CERTIFICATE INFORMATION
r:PRTIPICOTF Hr)1 nFR CAIII_H I. ATIC)N
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED, OR MATERIALLY
City of Huntington Beach
CHANGED, BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.
2000 Main Street
Huntington Beach, CA 92648
AUTHORIZED REPRESENTATIVE
L�
�shley
Attention: Eric R Charlonne
L. Hurd
ACORD 25 (2001108) Certificate # 78326 Q ACORD CORPORATION 1988
SUPPLEMENT TO CERTIFICATE OF LIABILITY INS #76326 'UN1
608
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS
RE: As needed construction management and administravtive support services.
City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are an additional insured per written
contract or agreement between insured and insured"s client on the Commercial General Liability and Automobile Liability Policies as respects
liability arising out of activities by or on behalf of the named insured
Certificate # 78326
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLICY NUMBER: MZG80878514
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) 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.
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (2001/08) certificate 41W3 eb