HomeMy WebLinkAboutIDS Group. Inc., a California corporation - 2008-08-04Council/Agency Meeting Held: d
�c
Deferred/Continued to:
)�Appr ved ❑ Conditionally Approved ❑ Denied 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 ADMiNISTRAT01
PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR PUBLIC WO K
/_-
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:
1. Approve and authorize the Mayor and City Clerk to execute Professional Services
Agreement with TransSystems for As -Needed Construction Management and
S Administrative Support Services for an amount not to exceed $3 million.
�Q 5 2. 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.
4 D_ Approve and authorize the Mayor and City Clerk to execute Professional Services
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):
® o
1.
®-cr!pfp
Professional Services Contract with TransS stems
2.
Professional Services Contract with Dudek
3.
Professional Services Contract with GivilSource
4.
Professional Services Contract with IDS Group
-2- 7/15/2008 5:25 PM
ATTACHMENT #4
City ®f Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
August 14, 2008
IDS Group, Inc.
Attn: Michael Wolfe
1 Peter Landing Road, Ste. 140
Irvine, CA 92606
Dear Mr. Wolfe:
Enclosed for your records is a copy of the Professional Services Contract between the City
of Huntington Beach and IDS Group, Inc. for As -Needed Construction Management and
Administrative Support Services.
Sincerely,
Joan L. Flynn, CIVIC
City Clerk
JF:pe
Enclosure: Agreement
G: followup:agrmtltr
Sister Cities: Anjo, Japan • Waitakere, New Zealand
( Telephone: 714-536-5227
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
28
29
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
IDS GROUP, INC. 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......................................................................................6
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
IDS GROUP, INC. 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 IDS GROUP, INC., 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 Michael Wolfe who shall represent it 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.
08-1652/ 23286 1
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on 616 ?" 0 � (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 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. (Modification per attached Waiver.)
08-1652l23286 3
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.
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
08-1652/ 23286 4
waives the right to receive compensation and agrees to indemnify the CITY for any work
performed prior to approval of insurance by the CITY.
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
08-1652/ 23286 5
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.
08-1652/ 23286 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: Eric Charlonne
2000 Main Street
Huntington Beach, CA 92648
17. CONSENT
TO CONSULTANT:
IDS Group, Inc.
ATTN: Michael Wolfe
1 Peter Landing Road, Ste. 140
Irvine, CA 92606
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. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
08-1652/ 23286 7
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 which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
08-1652/23286 8
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, 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.
08-1652/23286 9
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. 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 fact, held by the signatory or is withdrawn.
CONSULTANT's initials
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
08-1652/ 23286 10
Agreement, and supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
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.
IDS GROUP, INC.
By:
�itcri �/rjr�
print name_
ITS: (circle one) Chair an/Presider ice President
d
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
Califlorula
e
Mayor
D City Clerk p fIJ,�>
INITIATED AND APPROVED:
print name
ITS: (circle on Secretary hiefFinancial Officer/Asst.
Secretary - Treasurer Director of Pub 1C Works
REVIEWED A A PROVED:
'
City Ad 'i 'strator
APPROVED AS TO FORM:
Ci y A orney
-1 1 3- do
08-1652/ 23286 11
EXHIBIT "A"
A. STATEMENT OF 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
Request for Proposal (Exhibit A.1). Services shall include but is not limited to the
following:
Technical Approach
CONSULTANT will provide Construction Management (CM) and administrative
support services for various city capital improvement projects such as sewer lift
stations, roadway rehabilitations, new park developments and waterline projects on an
"as -needed" basis. Projects may include federally funded or grant funded projects.
2. CONSULTANT will act as the Owner's Representative for all construction related
activities. CONSULTANT will be the primary point of contact for the Contractor as
it relates to any City of Huntington Beach items. This provides a central point for
communications flow and simplifies the communication process during what can
typically become very hectic pre -construction and construction phases.
CONSULTANT will provide an overall Project Manager (PM) to be the focal point
for the project and an alternate PM. The PM will coordinate all construction related
activities from the City of Huntington Beach side to include typical CM related
activities, City of Huntington Beach Staff interaction, Deputy Inspection and Material
Testing liaison, Geotechnical Engineering, and support from the design team. It is
important to have one person knowledgeable about all construction related activities
and items to ensure that any potential problems are avoided.
3. CONSULTANT will conduct constructability reviews and general overall plan
reviews during the pre -construction phase to allow for a thorough understanding of
the design intent. This provides the Project Management Team with valuable insight
to the project that will allow the construction phase to move smoother and avoid
delays due to design uncertainties and Requests for Information (RFI).
CONSULTANT will work closely with the City of Huntington Beach Staff and the
jmp/contracts group/exA/6/10/08 1 of 5
EXHIBIT "A"
Design Team to understand the design intent, and carry that intent through the
completion of construction.
4. CONSULTANT will provide Construction Managers for each project assigned. The
Construction Managers will be the on -site representative of the Project Management
Team and will be conducting the daily quality assurance/field inspections and
providing daily documents for the project. All City projects will include significant
interaction between the CM and the Contractor to ensure project issues are tracked
and the project is completed on time and within budget. This will be the primary
focus of the Construction Managers. However, in addition to the overall project
picture, an important part of Construction Management is document control.
5. During the pre -construction phase, CONSULTANT will develop a project -specific
comprehensive Document Management Procedures manual. CONSULTANT will
maintain all documents such as Requests for Information, Submittals,
correspondence, shop drawings, daily field reports, structural observation reports,
change orders, etc. As part of any potential claims mitigation, it is important to have
a well -organized document tracking system.
Specoc Tasks andAes: Pre-ConoTbcdon Phase
1. CONSULTANT will coordinate a full review of appropriate plans, specifications,
estimates, and calculations on 75% complete design documents. In addition, a
thorough review of 100% project design documents will be conducted to become
familiar with the project. The intent of these reviews will be to identify errors,
conflicts, constructability issues, code compliance problems, and end -use
compatibility. All reviews will be performed by professionals licensed in each
particular discipline. CONSULTANT will review all design disciplines and the
designer's generated project cost estimate.
2. CONSULTANT will produce Construction Management procedures for each project
assigned. Upon review of the design documents and discussion with the City Staff, a
comprehensive Construction Management approach will be provided. This will
include the required staffing of personnel, project approach and phasing, any
necessary sequencing, preliminary scheduling, and development of the document
controls.
3. Following the development of the Construction Management Procedures,
CONSULTANT will identify the overall project document controls. This will
include the tracking and management of documents such as: Requests for
Information, Submittals, Change Orders, Correspondence, Field Memos, Meeting
Agendas, Meeting Minutes, Non -Compliance Reports, Substitution Requests, Record
Documents, Daily Field Reports, Deputy Inspector Reports, Geotechnical Engineer
Reports, and Closeout Documents. All items will be tracked electronically and are
jmp/contracts group/exA/6/10/08 2 of 5
available for the City to review through our FTP site or can be provided electronically
on a periodic basis.
4. CONSULTANT will schedule a pre -construction meeting for each project. This will
include notification of appropriate parties, preparation of an agenda, facilitation of the
meeting, and preparation and distribution of meeting minutes. Meeting minutes will
include documentation of action items and provide a means to track action items to
ensure completion. CONSULTANT will track and document all pre -construction
submittals.
Specific Tasks and Activities: Construction Phase
Following construction contract award, CONSULTANT will provide comprehensive
Construction Management and Contract Administration services as follows:
Correspondence, Reports, and Other Forms of Communication:
♦ Keep CITY informed as to the status of the project and advice how to keep the
project on schedule and under budget.
♦ Act as the initial point of contact for all communications between CITY and
the Contractor.
♦ Prepare project correspondence and other forms of communications for
document control.
♦ Document and track project documents including correspondence and other
forms of communication, technical documents, shop drawings, calculations,
data, submittals, manuals, and samples received. This includes non-
compliance, work to be completed, and other tracking logs as required.
2. Site Conditions and Progress Visual Documentation:
♦ Conduct a pre -construction video to document pre-existing conditions and
compare to the Contractor's pre -construction survey, resolving any conflicts
♦ Take and document progress photos throughout the construction phase
3. Meetings:
♦ Organize and plan weekly to monthly progress meetings with the contractor,
design consultant, City staff, and any other necessary parties.
CONSULTANT will prepare and distribute meeting minutes (within 5
calendar days), facilitate coordination, and resolve issues, as appropriate.
♦ Coordinate, attend and facilitate other required meetings during the
construction phase
4. Shop Drawings and Submittal Reviews:
♦ Review each submittal received for conformance with the requirements of the
drawings and specifications. Check the submittal against the project schedule
for potential impacts. Coordinate required review of submittals with the
Design Engineer and CITY.
jmp/contracts group/exA/6/10/08 3 of 5
EXHIBIT "A"
♦ Document submittals in a submittal log with dates and actions taken. Log will
be updated continuously and a weekly report will be provided identifying
outstanding submittals and reviews.
5. Plan and Specification Interpretation and Control:
♦ Coordinating, tracking,. prioritizing, and resolving RFIs. Timely RFI
resolution is important to avoid delays and change order requests. Respond to
Contractor's questions from a reasonable review of the drawings and
specifications for clarification items.
♦ Document, review, and track any requests for changes in design. Coordinate
with CITY and design team on any response to include value engineering
aspects. Provide written recommendations, as required.
♦ Develop and track necessary field orders in order to maintain design intent
and avoid delays to the project.
♦ Monitor construction progress, ensuring adherence to the schedule and
advising how to keep the project on schedule and on budget.
♦ Track and document any substitution requests and coordinate CITY and
design team for responses.
♦ Maintaining documentation logs (RFIs, submittals, and change orders) to
ensure accurate documentation of project paperwork
♦ Ensure redline plans and specifications are maintained on the project site at all
times and that record documents are provided in a form acceptable to CITY.
Incorporate changes from all sources such as submittals, RFI, VE, field
orders, extra work, and change orders and compare with the Contractor's
record documents on a monthly basis.
6. Construction Management Administration and Staffing:
♦ Overall Construction Management to include preparation of reports, letters,
and memoranda; conducting meetings; monitoring and resolution of
nonconforming items; communication with CITY; and all other duties as
required...
♦ Performing periodic inspection of the work. Periodic inspection will focus on
adherence to the design and City standards. Inspections will also concentrate
on defining work completed in order to review and process Contractor pay
requests.
♦ Resolve daily construction issues by coordinating with CITY, design
engineer, and contractor on technical issues and concerns.
7. Progress Payment:
♦ Provide monthly review of project schedule and progress payment to include
review of schedule of values and provide a recommendation to the City stating
the proper amount of payment
jmp/contracts group/exA/6/10/08 4 of 5
EXHIBIT "A"
8. Change Order Management:
♦ Reviewing, tracking, and making appropriate recommendations on change
order requests. Processing change orders that are approved by CITY.
♦ Prepare written justification and cost estimates for extra work or change items,
♦ Prepare change orders for City review,
9. Claims Management:
♦ Identify and track claims to include resolution alternative and, if required,
negotiate and resolve claims
♦ Investigate private party claims
10. Quality Assurance:
o Conduct inspection of work to ensure that materials and workmanship are in
compliance with the contract documents
o Daily field reports will be used to document inspections and work progress.
Prepare reports of deviation and non-conformance to specifications and
provide responses.
♦ Advise and document any deviation in the work and utility shut -downs
11. Third Party Inspection:
o Coordinate and track independent inspections such as deputy inspection,
material testing, geotechnical, or landscape and revegetation inspection
12. Startup, Closeout, and Acceptance Service:
♦ In consultation with CITY, designer, and contractor, develop and manage an
operation testing plan.
♦ Attend final project walk with City staff and contractor and assist in the
preparation of the final punch list for contractor action prior to project
acceptance
13. Post Construction:
♦ Deliver the O&M manuals and any spare parts and equipment upon
acceptance of the project
♦ Certify that the Contractor's project drawings are complete and accurate
♦ Recommend for final payment in the form of a release of retention to the
Contractor
C. CITY'S DUTIES AND RESPONSIBILITIES:
l . Furnish a scope of work request for each project assigned.
2. Furnish construction plans and specifications to the consultant.
D. WORD PROGRAM/PROJECT SCHEDULE:
A project schedule will be developed for each project assigned by CITY.
jmp/contracts group/exA/6/10/08 5 of 5
EXHIBIT A.1
Typical Scope of Work
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.
3.0 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
Iimited 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 Meetin s. 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 (RFII. 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 format 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 field 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 Resollglion of DUat ]2@y Cg=ggon 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.
1 l 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 Roorts. 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.
Page 5
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.
13.4 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)
14.1. 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.
26.0 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.
Page 6
16.2 Punch List. Prepare detailed project punchIists 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 Project 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 Extended 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
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
I. 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.I — 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
Fixed 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
EXHIBITB.1 FEE SCHEDULE
City of Huntington Beacb
As -Needed Construction Management and.Administrative Support Services
Revised May 2008
fel a =`e — �:�
Y I
Task:
HaurlyRate:
Pnncipal'Prolect Manager
lltemat*prol 4 Manager ,
- --
$150
4rincipalEngmeer
$135
Senior Project IVlanager
urea Constmcaori Manager
.: $130
Senior.Consttuction iv�arager
$145
Construction -bIanager/Resident:.Engineer.
ProjectEngineer -
$125
Cost Es -
$145
Senior Pl..annex/Permit Specialist
$125
CADD Operator/Drafter
$80
LEED Certified Inspector
$135
Inspector/Construction Observer
$130
Assistant Construction Manager/Field Engineer
$125
Clerical '` `
$65
This proposed hourly fee schedule constitutes a firm offer for a 60-day period following the date signed
below.
&:
aid Hilmy, Ph.D. SE
Principal -in -Charge
&
Dated -
AA IDS Group, Inc. Fee Schedule
0
tC�DATE (MM/DD/YYYY)
ATE F LIABILITY INSURANCE 07/07/08
—
AC®R®TM CERTIFICATE
kRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HRH Professional Practice ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Brokers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW-
2030 Main Street, Suite 350
Irvine, CA 92614-7248
INSURED
IDS Group, Inc. - Integrated Design Svc
1 Peters Canyon Road, Suite 140
Irvine, CA 92606
COVERAGES
INSURERS AFFORDING COVERAGE NAIC #
INSURER A: Employers Fire Insurance Company 20648
INSURER B: OneBeacon America Insurance Company 20621
INSURER C: Beazley Insurance Company, Inc. 37540
INSURER D:
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 CLAIMS.
NSR
LTR
D'
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DAT MM7D
POLICY EXPIRATION
DATE MMlDD
LIMITS
A I
GENERAL LIABILITY
1 U42925
11/12/07
11/12/08
EACH OCCURRENCE
$2 00Q 000
X COMMERCIAL GENERAL LIABILITY
DAMAGMISE TO RENTED
iE
$300000
CI AI1,15 MADE a OCCUR
MED EXP (Any one person)
$5 000
PERSONAL 44 ADV INJURY
$2 000 000
GENERAL AGGREGATE
s4,000,000
I
GEN'L AGGREGATE LIMIT APPLIES PER.
PRODUCTS - COMPlOP AGG
s4,000,000
_
POLICY PRO-
JECT LOG
AUTOMOBILE LIABILITY
1 U42925
11/12/07
11/12/08
COMBINED SINGLE LIMIT
ANY AUTO
_
(Ea accident)
$2,000,000
BODILY INJURY
$
ALL OWNED AU IDS
i
SCHEDULED AUTOS
(Per person)
BODILY INJURY
$
j
..
X HIRED AUTOS
X NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
(Per accident
GARAGE LIABILITY
-
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AN'Y AUTO
$
AUTO ONLY. AGG
EXCESS/UMBRELLA LIABILITY
R� ryry
d'� �V Ij
EACH OCCURRENCE
$
AGGREGATE _
$
OCCUR CLAIMS MADE
V'�
nn
NIFER�G
�rl, C't
$
$
DEDUCTIBLE
,1
$
_
RETENTION $
i3
WORKERS COMPENSATION AND
406021148
05/01/08
05/01/09
X WC LIMIT OTH-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$1 ,000,000
E.L. DISEASE: - EA EMPLOYEE
$1,000,000
$1,
OFFCER/MEMSER EXCLUDED? -
_
If yes, describe uncer
SPECIAL PROVISIONS below
E.L. DISEASE: - POLICY LIMIT
$1,000,000
C
OTHER
RETRO DATE: 01/01/1989
I Professional
V15J3307PNPM
11/12/07
11/12/08
$1,000,000 Per Claim
Liability
DAD: $25,000
$2,000,000 Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
ALL OPERATIONS INCLUDING BUT NOT LIMITED TO PROFESSIONAL SERVICES
AGREEMENT PROJECT NO, 28.141.00. GENERAL LIABILITY: CITY OF HUNTINGTON BEACH AND ITS
ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED ADDITIONAL
INSURED PER ENDORSEMENT ATTACHED.
(See Attached Descriptions)
I.CK I IYILA I C MULUtK
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
Huntington Beach, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL 1 (ftjeRqk MAIL ,1_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,}(7t
ACORD 25 (2001/08) 1 of 3 #S439206/M437683 CCL o ACORD CORPORATION 1988
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) 2 of 3 #S439206/M437683
DESCRIPTIONS (Continued from Page 1)
A,MS 25.3 (2001/08) 3 of 3 #S439206/M437683
Architects and Engineers Extender Additional Insured Language*
The following policy language is from Employers Fire Insurance Company Business Owners Liability Coverage
Form G 1591103 05:
Form G15911 03 05 Amends the Commercial General Liability Coverage Form:
The following are added to Section II — Who is an insured:
a. Person or organization required by Written Contract
Any person or organization that you agree to add as additional insured under this General Liability
coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily
injury" or "property damage" occurs or the offense that causes the "personal and advertising injury" is first
committed, but only with respect to that person's or organization's liability arising out of your non-
professional work for that person or organization.
However such person or organization is not an additional insured with respect to any:
,1) "Bodily Injury", "property damage", or "personal and advertising injury" that does riot arise out of:
(a) Your Negligence: or
(b) The negligence of another person or organization for whom you are liable;
;2) "Bodily injury: "property damage" or "personal and advertising injury for which such person or organization
has assumed liability in a contract or agreement, except for liability for damages that such person or
organization would have in the absence of the contract or agreement;
(3) "Property Damage" to:
(a) Property owned, used or occupied by or loaned or rented to, such person or organization: or
(b) Property over which such person or organization is for any purpose exercising physical control:
(4) All Professional liability as an architect or engineer arising out of any construction agreement or activities
under which any insured or anyone acting on any insured's behalf provides or provided service, advise,
expertise or work. Construction includes, but is not limited to, the plan, conception, design, build,
construct, assembly, development, safety, erection formation, reconstruct, repair, or in any improvement
made to real property. Construction also includes the hiring, supervision or management of these
activities.
However, this exclusion does not apply to liability arising out of an insured's presence at a jobsite that
was not caused by professional activities listed in the above paragraph.
Primary & Non -Contributory: This insurance will be considered primary to, and non-contributory with any other
insurance issued directly to a person or organization added as an additional insured.
Per Project Aggregate: Section III Limits of Insurance is amended by adding the following: The General Aggregate
Limit under Section III -Limits of Insurance applies separately to each of "your projects" or each location listed in the
location information in the common policy declarations.
Separation of Insureds: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in
this Coverage Part to the First Named Insured, this insured applies:
a. As if each Named insured were the only Named Insured; and
b. Separately to each insured against whom a claim is made or "suit" is brought.
Waiver of Subrogation: Transfer of Rights of Recovery Against Other to Us in Section IV — Commercial General Liability
Conditions:
However, we waive the right of recovery and proceeds we may have against any person or organization that is added as
an additional insured under 11.a
a. Because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising
out of "your work" in ongoing operations include or included in the "products -completed operations hazard" and
b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or
"property damage" occurs or the offense that causes the "personal and advertising injury" is committed; and
c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for
such person or organization.
Named Insured: IDS GROUP INC. —INTEGRATED DESIGN SVC Policy No.: 1U42925
ADDTL INSURED CITY OF HUNTINGTON BEACH AND ITS ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS
AND VOLUNTEERS
`hrom ihorm (11 i911 O1 Ui
D&B Business Information Report: IDS GROUP, INC.
Pagel of 3
Qecide vu,th?[onfldertce
4Back To Report Archive
+New Search
How useful was the
D&B data for this
company?
Not Very Very
Add comments?
D Submit
........... _..... -------- m._--....._._.....
OVERVIEW
r~ Business Summary_
s Special Events
r Summary Analysis
c, Customer Service
HISTORY & OPERATIONS
History
Business Registration
Operations
SIC & NAICS
PAYMENTS
D&B PAYDEX
Payment Summa_y
Payment Details
BANKING & FINANCE
Finance
PUBLIC FILINGS
Government Activity
WEB RESOURCES
NOW WITH THIS REPORT
Credit Limit
Recommendation
Pavment Trends
BUY OTHER D&B
PRODUCTS
Com rehensive Report
Payment Analysis Report
Industry Norm_s_Report
D&B RESOURCES
Full Glossary of Terms
n Making Better Credit
Decisions
❑ Interpreting D&B Ratings
and Scores
L Understanding Financial
Statements
Understanding Key
Business Ratios
Submit a Credit Reference
on this Business
IDS GROUP, INC. Print Entirf
D-U-N-S@ Number 06-237-5667 ED E-mail Repi
Copyright 2008 Dun & Bradstreet - Provided under contract for the exclusive use of (9Save Text A
subscriber 098022862L @ Save HTML
ATTN: jlockhart@surfcity-hb.org Report Printed: JUL 08 2008
p Export Dat
In Date
Oveyv6ew ¢
l�
USINESS SUMMARY {? About Business_S
IDS GROUP, INC.
1 Peters Canyon Rd Ste 140
Irvine, CA 92606
This is a single location.
Telephone: 949 387-8500
Chief executive: SAID HILMY, PRESIDENT
Year started: 1998
Employs: 22
History: CLEAR
- Jump to: Finance Section
SIC: 8711
- Jump to: SIC & NAICS Section
Line of business: Engineering services
i NOW Included With this Report
Industry Economic Outlook
A forward look at the U.S. economy within i
specific industry
Professional and Scientific
Services 2008-2010 Industry
Trend: Ne
DView Repor
D&B's Credit Limit Recommendation
D&B's industry and risk -based limit guidanc
Learn More D� Vie'
i
E Payment Trends Profile
Payment trends and industry benchmarks
u- Learn More Vie
Fol D-U-N-S Number: 06-237-5667
f l D&B Rating: 1R3
Number of employees: 1R is 10 or more
employees.
Composite credit 3 is fair.
appraisal:
-Jump to: Summal
Analysis
Section
D&B PAYDEM
1 12-Month D&B PAYDEX: 62
When weighted by dollar amount, payment!
suppliers average 21 days beyond terms.
0 t% 10
120 days stare 30 flaps slew Vfompt Anti,
Based on trade collected over last 12 month
D&B PAYDEX Key
❑ High risk of late payment
(average 30 to 120 days beyond tern
❑ Medium risk of late payment
(average 30 days or less beyond tern
® Low risk of late Davment
https://www.dnb.com/scripts/ProductRetriever.asp? 7/8/2008
D&B Business Information Report: IDS GROUP, INC.
Page 2 of 3
(average prompt to 30+ days sooner
. Jump to: Payments_
EM Enhanced payment trends and industr
benchmarks are available on this busi
SPECIAL EVENTS n About Speciz
11/06/2007
This business is located in an area at previous risk of fire damage from the Southern California wildf
D&B has obtained information from published reports that indicate there has been no major impact
commercial buildings in this area.
SUMMARY ANALYSIS ? About Summary_
(D D&B Rating: 1R3
Number of employees: 1R indicates 10 or more employees.
Composite credit appraisal: 3 is fair.
The Rating was changed on October 25, 2007 because of a change in payment information appearin
D&B's file. The 1R and 2R ratings categories reflect company size based on the total number of emp
for the business. They are assigned to business files that do not contain a current financial statemer
1R and 2R Ratings, the 2, 3, or 4 creditworthiness indicator is based on analysis by D&B of public fill
trade payments, business age and other important factors. 2 is the highest Composite Credit Apprai
company not supplying D&B with current financial information can receive. For more information, se
D&B Rating Ke_y.
Below is an overview of the company's rating history since 06/06/00:
D&B Rating Date Applied
1R3 10/25/07
1R2 02/14/04
1R3 09/25/01
-- 06/06/00
The Summary Analysis section reflects information in D&B's file as of July 7, 2008.
How does IDS GROUP, INC.'s payment record compare to its industry?
I A Payment Trends Profile will show you - View Now
CUSTOMER SERVICE
If you have questions about this report, please call our Customer Resource Center at 1.800.234.386
anywhere within the U.S. If you are outside the U.S. contact your local D&B office.
*** Additional Decision Support Available ***
Additional D&B products, monitoring services and specialized investigations are available to help yoi
evaluate this company or its industry. Call Dun & Bradstreet's Customer Resource Center at
�'_".-800:Z34:3"is6i:from ahywh"ere withinµthe :u:5:-dr"Vi"sit oiar"weiisite`at www:dnb:��rrs. -:` �"��� "-"
Overview History & Operations Payments Banking & Finance Public F
4Back to Report Archive Print Entire Report E-mail Report. Save Text Rem Save HTML Report ort Export Data
+Flew Search Order an Investiaatian Tell Us What You Think
Copyright 2008 Dun & Bradstreet - Provided under contract for the exclusive use of subscriber 098022862L
Company Reports I Basic Marketing Lookups US Public Records Search Country Risk Services ZapData Global Family Linkage Global Ma
Home I DUNSRightTM I FAOs I Customer Assistance I Samples and Descriptions I Price Guide I About Privacy
https://www.dnb.com/scripts/ProductRetriever.asp? 7/8/2008
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Approve As-Neeeded Construction Management
Agreements
COUNCIL MEETING DATE:
August 4, 2008
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Ap licable
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
(Signed in full by the City Attorney)
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Not Applicable
❑
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
❑
Not Applicable
Bonds (If applicable)
Attached
❑
Not Applicable
Staff Report (If applicable)
Attached
❑
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
❑
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
❑
Not Applicable
XPLAN AATION. FOR".:MISS ING'AcTTACFI M ENTS, =
Administrative Staff
Deputy City Administrator (Initial
City Administrator (Initial)
Citv Clerk
RCA Author: Charlonne