HomeMy WebLinkAboutRDA CIVIC CTR EXPANS'N 03-04-91DATE:
Qel
FROM:
MARCH 4, 1991
WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
RDA N0. 5
3-4-91
Inter - Com
CHRISTINE SHINGLETON, DIRECTOR OF COMMUNITY DEVELOPMENT
SUBJECT: AUTHORIZATION FOR CONTRACT SERVICES FOR CIVIC CENTER EXPANSION
PROJECT MANAGEMENT SERVICES
RECOMMENDATION
It is recommended that the Redevelopment Agency approve Consultant
Services for Civic Center Expansion Project Management Services
with HNTB and authorize the Executive Director to execute the
contract subject to final approval as to form by the City Attorney.
BACKGROUND
As the Agency is aware, construction plans and specifications are
in preparation and nearing completion on the Civic Center Expansion
Project. Construction plans and specifications for permanent
improvements to the Civic Center are currently in plan check and
advertisement of bids is expected sometime in late Spring of 1991.
With cost of improvements currently estimated at approximately
$10.7 million, construction on permanent improvements would begin
as early as August 1991 with completion of construction to proceed
in two to three phases over a 24-30 month time frame. City Hall
employees will be relocated for the entire term of construction of
all phases to a facility at 15222 Del Amo. Construction of tenant
improvements at 15222 Del Amo will be turnkey provided by the
lessor and building permits will be issued the week of February 25.
The anticipated moving date will likely be April 26.
During construction of permanent improvements and more particularly
Phase I when the parking structure and expanded Police Department
facilities are under construction, the Police Department will move
into City Hall for approximately 8-12 months. Plans and
specifications for temporary modifications to City Hall to
accommodate Police Department operations are currently in plan
check and advertisement of bids is expected in March or early
April.
Given the phasing complexities of the project and its size in
dollar value, it has always been anticipated that project/
construction management services would be necessary.
Appropriately, in late fall a Request for Qualifications (RFQ) for
project and construction management services related to the Civic
Center project was sent to 11 firms who were invited to submit
- Redevelopment Agency Report
Authorization for Contract Services
Civic Center Expansion Project Management Services
March 4, 1991
Page 2
their qualifications. An ad was also placed in the LA Times and
over 200 individuals responded. In selecting the above service,
Agency staff were particularly looking for the following:
1. Specialized experience in an institutional area working
with cities and counties. Experience in construction
management of an "essential" facility, such as a police
facility, was desirous.
2. The ability for a firm to assign one experienced
individual to the project from start to finish.
3. Cost effective service:
a. A track record of ensuring projects are completed
within budget and on schedule.
b. Cost effective service
Unlike public works projects, selection by a local agency of
construction project management services must be on the basis of
demonstrated competence and professional qualifications necessary
for the satisfactory performance of the services requested, not
necessarily the least costly proposal. After the Agency staff
selects who they believe the most qualified, an agreement on fees
can be negotiated.
After a ranking of all proposals received by the Building Official
and Community Development Director based on experience,
completeness of the proposal, favorable responses based on
reference checks and the magnitude of costs proposed relative to
the Agency's estimated budget limitations, eight individuals were
interviewed and two firms. Upon conclusion of these interviews and
reference checks, staff selected the firm of HNTB as the most
qualified to perform services.
HNTB recently completed construction management services for the
Anaheim Convention Center and has also been involved in a major
police facility renovation for the City of Anaheim.
A proposed consultant services agreement is attached. The costs of
services for project management are not expected to exceed $291,978
and the costs of inspection services on the project are not
expected to exceed $34,980. All consultant costs are considered
Civic Center Project costs and will be funded by the Town Center
Redevelopment Agency budget. The normal industry standard for
Community Development Department
d 1 ment Agency Report
Re eve op
Authorization for Contract Services
Civic Center Expansion Project Management Services
March 41 1991
Page 3
project management services on a project like the Civic Center
would be approximately 3-4% of total construction valuation which
would equate between $330,000 and $440,000. The
poposed contract
fee is, therefore, at the low end of the industry's
The City Attorney is still reviewing the attached contract and some
minor changes may still be necessary. To expedite the matter, it
is recommended that the consultant services be authorized subject
to final approval of the contract as to form by the City Attorney.
Christine A. Shing on
Director of Communi y Development
CAS:nm/projmgmt.cas
Attachments: Firm Responses
Community Development Department
ATTACHMENT A
FIRMS RESPONDING TO
REQUEST FOR QUALIFICATIONS
CIVIC CENTER EXPANSION
PROJECT MANAGEMENT SERVICES
NAME OF FIRM ESTIMATED FEE
Benchmark $563,750
MC Consultants No fee noted
JLH No fee noted
Kitchell CEM Range of hourly fees only estimated
at 3-4% of valuation
Lee Saylor
Hourly rates only
Jones
Hourly rates only
Project Dimensions
$308,300
Project Control
$332,520
O'Connor
Hourly rates only
Wildan
$485,096
BSI
$11,400 - 13,800
Estimated monthly
costs for
construction phase
only; no
assistance or review
of pre-bid or
award phase unless
paid for by
Agency
V40P
CONSULTANT
SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement"), is
made and entered into by and between the TUSTIN. COMMUNITY
REDEVELOPMENT AGENCY (herein "City" or "Agency"), a municipal
corporation and HNTB (herein "Consultant").
WHEREAS, Consultant is qualified to provide the necessary
services and has agreed to provide such services; and
WHEREAS, Consultant has submitted to Agency a proposal, dated
January 28, 1991, a copy of which is attached hereto as Exhibit
"A", and is by this reference incorporated herein as though set
forth in full hereat (hereinafter referred to as the "Proposal").
NOW, THEREFORE, in consideration of the promises and mutual
benefits which will result to the parties in carrying out the terms
of this Agreement, Agency agrees to employ and does hereby employ
Consultant to provide consulting services as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and
conditions of this Agreement, the Consultant shall provide
those services specified in Consultant's proposal dated
January 28, 1991 attached as Exhibit "A" and "Scope of
Services" attached hereto as Exhibit "B" and incorporated
herein by this reference, which services may be referred to
herein by this reference, as the "services" or "work"
hereunder. Consultant warrants that all services will be
performed in a competent and professional manner in accordance
Consultant Services Agreement
Page 2
with AIA standards for construction management and UBC
standards for inspection.
1.2 Consultant's Proposal. The Scope of Services shall
include the Consultant's proposal or bid which shall be
incorporated herein as !'Exhibit All as though fully set forth
herein. In the event of any inconsistency between the terms
of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law. All services rendered hereunder
shall be provided in accordance with all ordinances,
resolutions, statutes, rules, and regulations of the City and
Redevelopment Agency of Tustin and any Federal, State or local
governmental agency of competent jurisdiction.
1.4 Licenses and Permits. Consultant shall obtain at its
sole cost and expense such licenses, permits and approvals as
may be required by law for the performance of the services
required by this Agreement.
1.5 Familiarity with Work. By executing this Contract,
Consultant warrants that (a) he has thoroughly investigated
and considered the work to be performed, (b) he has generally
acquainted himself with the sites and (c) he has carefully
considered how the work should be performed.
1.6 Care of Work. The Consultant shall adopt reasonable
methods during the life of the Agreement, materials, papers
and other components thereof to minimize losses of damages and
Consultant Services Agreement
Page 3
shall be responsible for all such damages as a result of
negligence of consultant, to persons or property, except such
losses or damages as may be caused by Agency's own negligence.
1.7 Additional Services. In accordance with the terms and
conditions of this Agreement, the Consultant shall perform
services in addition to those specified in the Scope of
Services (Exhibit "B") when directed to do so by the Contract
officer, provided that Consultant shall not be required to
perform any additional services without compensation. Any
addition in compensation not exceeding ten percent (10%) of
the Contract sum may be approved by the Contract Officer. Any
greater increase must. be approved by the Executive Director of
the Agency
1.8 Special Requirements. Additional terms and conditions
of this Agreement, if any, which are made a part hereof are
set forth in the "Scope of Services" attached hereto as
Exhibit "B" and incorporated herein by this reference. In the
event of a conflict between the provisions of Exhibit "B" and
any other provision of this Agreement, the provisions of
Exhibit "B" shall govern.
2.0 COMPENSATION
2.1 For the services rendered pursuant to this Agreement, the
Consultant shall be compensated the maximum contract amount of
$326,960 (herein "Contract Sum" in accordance with Section 8
Consultant Services Agreement
Page 4
of Exhibit "B" attached).
2.2 Method of Payment. Any month in which Consultant wishes
to receive payment, no later than the first (1st) working day
of such month, consultant shall submit to the Agency, in a
form mutually agreed to by Agency and consultant, an invoice
for services rendered prior to the date of the invoice.
Agency will pay Consultant for all expenses stated thereon
which are approved by Agency pursuant to this Agreement no
later than the last working day of said month.
2.3 Changes. In the event of"a change in the scope of work
provided for in the Proposal and this Agreement, agreed to by
Agency, the parties hereto shall execute a change order to
this Agreement, setting forth with particularity all terms of
the new Agreement, including but not limited to any additional
Consultant's fees. Change orders may include, but not limited
to providing services not otherwise included in this Agreement
or not customarily furnished in accordance with generally
accepted practice of project management or inspection.
2.4 Change orders shall be compensated at those personnel
hourly rates contained in the Consultants Proposal attached as
Exhibit "A" or at rates not shown in Exhibit "A" previously
agreed to in writing by the contract officer.
2.5 Statement of Costs. Pursuant to the provisions of
California Government Section 7550, the total amount expended
by Agency relating to the preparation of reports and documents
Consultant Services Agreement
Page 5
prescribed herein shall be set forth within the final edition
thereof, in a separate section, in a statement substantially
as follows:
"Pursuant to California Government Code Section 7550 the
Tustin Community Redevelopment Agency expended the total
amount of $
for the preparation of this report and/or documents."
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the
performance of this Agreement.`
3.2 Schedule of Performance. All services rendered pursuant
to this agreement will continue within the time period
established in Section 6.0 of the "Scope of Services" attached
hereto as Exhibit "B" and incorporated herein by this
reference.
3.3 Force Majeure. Services rendered to this Agreement shall
be extended because of any delays due to unforeseeable causes
beyond the control and without the fault or negligence of the
Consultant, including, but not restricted to, acts of God or
of the public enemy, acts of the Government, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots,
acts of general contractor, acts of Design Professional, acts
of testing laboratory, strikes, freight embargoes, acts of any
governmental agency, and unusually severe weather if the
Consultant shall within ten. (10) days of the commencement of
Consultant Services Agreement
Page 6
such delay notify the Contract Officer who shall ascertain the
facts and the extent of delay, and extend the time for
performing the services for the period of the enforced delay
when and if in his judgement such delay is justified, and the
Contracting Officer's determination shall be final and
conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with
Section 7.5 of this Agreement, this Agreement shall continue
in full force and effect until completion of the subject
proj ect .
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following staff member
of the consultant is hereby designated as being the key
representative and representative of Consultant authorized to
act in its behalf with respect to the work specified herein
and make all decisions in connection therewith:.
Ed Elowe
Project Manager
4 Executive Circle, Suite 190
Irvine, California 92715
It is expressly understood that the experience, knowledge,
capability and reputation of the foregoing principal was a
substantial inducement for City to enter into this Agreement.
Therefore, the foregoing Principal shall be responsible during
the term of this Agreement for directing all activities of
Consultant Services Agreement
Page 7
Consultant and devoting sufficient time to personally
supervise the services hereunder. The foregoing Principal may
not be changed by Consultant without the express written
approval of Agency.
4.2 Contract Officer. The Contract Officer shall be
Christine Shingleton, Director of Community Development or as
designated by the Executive Director of Agency. It shall be
the Consultant's responsibility to assure that the Contract
Officer is kept informed of the progress of the performance of
the services and the consultant shall refer any decisions
which must be made by Agency to the Contract Officer. Unless
otherwise specified herein, any approval of Agency required
hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability and reputation of
Consultant, its principals and employees were a substantial
inducement for the Agency to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity
to perform in whole or in part the services required hereunder
without the express written approval of the Agency. In
addition, neither this Agreement nor any interest herein may
be assigned or transferred, voluntarily or by operation of
law, without the prior written approval of Agency.
4.4 Independent Consultant. Consultant shall perform all
services required herein, except as otherwise set forth.
Consultant Services Agreement
Page 8
Consultant shall perform all services required herein as an
independent consultant of Agency and shall remain at all times
as to Agency a wholly independent consultant with only such
obligations as are consistent with that role.
5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The consultant shall procure and maintain,
at its cost, and submit concurrently with its execution of
this Agreement, public liability and property damage insurance
against all claims for injuries against persons or damages to
property resulting from Consul`tant's performance under this
Agreement. Only certificates issued by insurance companies
which are rated "A" in the Best Rating Guide or in the Federal
Register will be acceptable. Consultant shall also carry
Workers' Compensation Insurance in accordance with State
Workers' Compensation laws. Such insurance shall be kept in
effect during the term of this Agreement and shall not be
cancelable without thirty (30) days' written notice of
proposed cancellation to Agency and/or City. A certificate
evidencing the foregoing and naming the Tustin Community
Redevelopment Agency and City of Tustin as an additional
insured shall be delivered to and approved by the Agency and
City prior to commencement of the services hereunder. The
procuring of such insurance of the delivery of policies or
certificates evidencing the same shall not be construed as a
limitation of Consultant's obligation to indemnify the Agency
Consultant Services Agreement
Page 9
and City, its consultants or employees. The amount of
insurance required hereunder shall include comprehensive
general liability, personal injury and automobile liability
with limits of at least $5,000,000 combined and single limit
per occurrence and professional liability coverage with limits
of at least $500,000 combined or single limit per occurrence.
5.2 Indemnification. The Consultant shall defend,
indemnify and hold harmless the Agency and City of Tustin, its
officers and employees, from and against any and a l l officers
and employees, from and against any and all actions, suits,
proceedings, claims, demands, losses, costs, and expenses,
including legal costs and attorney's fees, for injury to or
death of person (s) , for damage to property ( including property
owned by the City) and for errors and omissions committed by
Consultant, its officers, employees and agents, arising out of
or related to Consultant's performance under this Agreement,
except for such loss as is caused by the sole negligence or
sole willful misconduct of Agency or City.
6.0 RECORDS AND REPORTS
6.1 Reports. Consultant shall periodically prepare and
submit to the Contract Officer such reports concerning the
performance of the services required by this Agreement as the
Contract Officer shall require per Exhibit "A", incorporated
herein by reference.
6.2 Records. Consultant shall keep such books and records as
Consultant Services Agreement
Page 10
shall be necessary to perform the services required by this
Agreement and enable the Contract officer to evaluate the
performance of such services. The Contract officer shall have
full and free access to such books and records at all
reasonable times, including the right to inspect, copy, audit
and make records and transcripts from such records.
6.3 Ownership of Documents. All drawings, specifications,
reports, records, documents and other materials prepared by
Consultant in the performance of this Agreement shall be the
property of Agency and shall' be delivered to Agency upon
request of the Contract Officer or upon the termination of
this Agreement, and Consultant shall have no claim for further
employment or additional compensation as a result of the
exercise by Agency of its full rights of ownership of the
documents and materials hereunder. Consultant may retain
copies of such documents for its own use. It shall have an
unrestricted right to use the concept of embodied therein.
6.4 Release of Documents. All drawings, specifications,
reports, records, documents and other materials prepared by
Consultant in the performance of services under this Agreement
shall not be released publicly without the prior written
approval of the Contract Officer.
7.0 ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and
interpreted both as to validity and to performance of the
Consultant Services Agreement
Page 11
parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or
matter arising out of or in relation to this Agreement shall
be instituted in the Superior Court of the County of Los
Angeles, State of California, or any other appropriate court
in such county, and Consultant covenants and agrees to submit
to the personal jurisdiction of such court in the event of
such action.
7.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party
in writing of its contentions by submitting a claim therefore.
The injured party shall continue performing its obligation
hereunder so long as the injuring party cures any default
within ninety (90) days after service of the notice, or if the
cure of the default is commenced within thirty (30) days after
service of said notice and is cured within a reasonable time
after commencement; provided that if the default is an
immediate danger to the health, safety and general welfare,
the Agency may take immediate action under Section 7.5.
Compliance with the provisions of this Section shall be a
condition precedent to any legal action, and such compliance
shall not be a waiver of any party's right to take legal
action in the event that the dispute is not cured.
7.3 Waiver. No delay or omission in the exercise of any
right or remedy of a nondefaulting party on any default shall
Consultant Services Agreement
Page 12
impair such right or remedy or be construed as a waiver.
Agency's consent or approval shall not be deemed to waive or
render unnecessary Agency's consent to or approval of any
subsequent act of Consultant. Any waiver by either party of
any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision
of this Agreement.
7.4 Right and Remedies are Cumulative. Except with respect
to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of
such rights or remedies shall not preclude the exercise by it,
at the same or different times, of any other rights or
remedies for the same default or any other default by the
other party.
7.5 Legal Action. In addition to any other rights or
remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of
this Agreement, to obtain injunctive relief, or to obtain any
other remedy consistent with the purposes of this Agreement.
7.6 Termination Prior to Expiration of Term. The Agency
reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice
to Consultant, except that where termination is due to the
Consultant Services Agreement
Page 13
fault of the Consultant and constitutes an immediate danger to
health, safety and general welfare, the period of notice shall
be such shorter time as may be appropriate. Upon receipt of
the notice of termination, Consultant shall immediately cease
all services hereunder except such as may be specifically
approved by the Contract Officer. Consultant shall be
entitled to compensation for all services rendered prior to
receipt of the notice of termination and for any services
authorized by the Contract Officer thereafter.
7.7 Termination for Default of `Consultant. If termination is
due to the failure of the Consultant to fulfill its
obligations under this Agreement, Agency may take over the
work and prosecute the same to completion by contract or
otherwise, and the Consultant shall be liable to the extent
that the total cost for completion of the services required
hereunder exceeds the compensation herein stipulated (provided
that the Agency shall use reasonable efforts to mitigate such
damages), and Agency may withhold any payments to the
Consultant for the purpose of setoff or partial payment of the
amounts owed the City as previously stated.
7.9 Attorney's Fees. If either party commences an action
against the other party arising out of or in connection with
this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs of suit from the
losing party.
Consultant Services Agreement
Page 14
8.0 CITY OFFICERS AND EMPLOYEES; NON DISCRIMINATION
8.1 Non -liability of Agency and City Officers and Employees.
No officer employee of the Agency nor City of Tustin shall be
personally liable to the Consultant, or any successor in
interest, in the event of any default or breach by the Agency
or City of Tustin or for any amount which may become due to
the Consultant or its successor, or for breach of any
obligation of the terms of this Agreement.
8.2 Covenant against Discrimination. Consultant covenants
that, by and for itself, its heirs, executors, assigns, and
all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or
group of persons on account of race, color, creed, religion,
sex, marital status, national origin, or ancestry in the
performance of this Agreement. Consultant shall take
affirmative action to insure the applicants are employed and
that employees are treated during employment without regard to
their race, color, creed, religion, sex, marital status,
national origin, or ancestry.
9.0 MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval,
communication either party desires or is required to give to
the other party or any other person shall be in writing and
either served personally or sent by pre -paid, first-class mail
to the address set forth below. Either party may change its
Consultant Services Agreement
Page 15
address by notifying the other party of the change of address
in writing. Notice shall be deemed communicated in forty-
eight (48) hours from the time of mailing if mailed as
provided in this Section.
To Agency: TUSTIN COMMUNITY REDEVELOPMENT AGENCY
300 Centennial Way
Tustin, CA 92680
Attention: Contract Officer
Christine Shingleton,
Director of Community Development
To Consultant: HNTB HNTB
Edward Elowe Ronald Hartje, Partner
4 Executive Circle 4 Executive Circle
Irvine, CA 92715 Irvine, CA 92715
and after 4/26/91
15222 Del Amo
Tustin, CA 92680
9.2 Integrated Agreement. This Agreement contains all of
the agreements of the parties and cannot be amended or
modified except by written agreement.
9.3 Amendment. This Agreement may be amended at any time
by the mutual consent of the parties by an instrument in
writing.
9.4 Severability. In the event that any one or more of the
phrases, sentences, clauses, paragraphs, or sections contained
in this Agreement shall be declared invalid or unenforceable
by valid judgment or decree of a court of competent
-- jurisdiction, such invalidity or unenforceability shall not
Consultant Services Agreement
Page 16
affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement which shall be
interpreted to carry out the intent of the parties hereunder.
9.5 Corporate Authority. The persons executing this
Agreement on behalf of the parties hereto warrant that they
are duly authorized to execute this Agreement on behalf of
said parties and that by so executing this Agreement the
parties hereto are formally bound to the provisions of this
Agreement.
Consultant Services Agreement
Page 17
IN WITNESS WHEREOF the parties have executed this Agreement as of
the dates stated below.
TUSTIN COMMUNITY REDEVELOPMENT AGENCY:
DATED:
William Huston
Executive Director
CONSULTANT:
DATED:
Corporate Officer
DATED:
Corporate Officer
APPROVED AS TO FORM:
James G. Rourke
City Attorney
CAS:nm/contract
EXHIBIT "A"
CONSULTANT'S PROPOSAL
.]WARD NEEDLES TAMMEN S. BERGENOOFF
ARCHITECTS ENGINEERS PLANNERS
January 28, 1991
Ms. Christine Shingleton, Director
Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92680
Subject: Project Manager Proposal for the Tustin Civic Center
Dear Ms. Shingleton,
2151 Michelson Diive
Suite 286
Irvine, Gw4forn a 92715
( 714) 752-6940
Thank you for the opportunity to meet with you and Tom. We have revised our proposal
based upon our discussion and our understanding of your needs.
Since you already researched the security, telecommunication and fire alarm systems with
other consultants HNTB feels that our proposed review and analysis time could be
reduced.
With other consultants having prepared cost and quality control, we have also assumed
that we will not have to start from scratch on a cost analysis and quality control review.
HNTB would review the work done to date and comment to you as needed. Detailed unit
cost estimates or contructability reviews will not be performed with the understanding that
the basic budget is adequate, and the constructability review is completed. This already
completed effort should reduce our involvement by one month as shown on the attached
schedule.
We have also prepared an alternate management program wherein Ed Elowe, Project
Manager, would participate on a full-time basis until the start of construction. Then, to be
more cost efficient, a technician would be added to the project, full time during
construction, to do follow-up as assigned by the Project Manager. The Project Manager
would be on site four (4) hours per day to organize the inspection, resolve emergencies,
check the progress, process work orders, and to check the quality of the work. Thus
the paper work and less detailed follow-up work can be accomplished at minimum cost
to you while maintaining a presence on site eight (8) hours per day. Should the work
require more intensive involvement by the Project Manager, we would adjust as needed.
Further, we have broken down our proposal into working days and man hours. This is
for your control of the budget. For example, if the Contractor accelerates during a
particular phase of the work, the Project Manager may need to spend more time to keep
up the level of quality/cost control (especially if any of this work is time and material
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change order work). Thus, you could authorize the expenditure of hours spent by the
Project Manager with the knowledge of the total volume of hours remaining, and allow for
adjustments in a later phase of the work (such as finish work) for less hours to be spent.
We will provide you with a detailed hourly accounting every two weeks.
As requested we have prepared and attached a separate estimate for inspection services
by our Structural Engineer, Mechanical/Plumbing Engineer, and Electrical Engineer for
code review inspection normally provided by the Building Department. Contract
compliance inspection is a normal part of the Project Manager's responsibilities.
The management of the proposed Code Review Inspection has been shown on the
attached Organizational Chart which demonstrates the line of communications proposed
by HNTB for project management. Note that our Risk Manager is shown and is available
to our Project Manager for advice on the legality of a claim or condition of the Contract
as needed. His advise to our Project Manager is included in our overhead.
If you have any questions, or need additional information, please let us know. We look
forward to working with you.
Sincerely,
HOWARD NEEDLES TAMMEN & BERGENDOFF
Gary Alstot 'Ed Elowe
Director of Engineering Project Manager
SECTION 4
SCOPE OF SERVICES
In conjunction with Exhibit B of the Request for Proposal, our description of services
would be as follows:
1. Check bid instructions and contract lanquacie:
A. Coordinate requirements for an Instructions to Bidders package which
should be included in the Contract Documents similar to our format used
in the Anaheim Convention Center, Betterment III Project.
B. Using the standard AIA forms A201 and A511 for general conditions and
supplementary conditions, coordinate specific project requirements with all
parties, including the City Attorney. Assist in the preparation of the
Agreement For Public Work.
C. Review the City's forms for non -collusion affidavits, equal opportunity
certificates, bid bond, labor and material bond, faithful performance bond
and insurance requirements with the City Attorney or Risk Manager.
2. Maintain project budget:
A. During the course of construction, update the cash flow projections each
month coordinated with the Contractors cash flow projections. Advise the
City of pending change orders and potential budget overruns monthly.
3. Pre-bid document review:
A. Review the architectural, structural, ,mechanical, electrical, HVAC, plumbing
documents for general coordination among trades. Review civil and
landscape plans for coordination with architectural plans. Recommend
corrections as needed and see that such revisions are included in the plans
and specifications prior to issuing bid documents.
4. Bid advertisement and procedures:
A. Develop a list of general contractors to send bid invitations. Place adds in
the local newspapers and trade publications to advertise the bid.
B. Place the bid documents in local plan rooms (such as used by Dodge
Reports) for inspection by general contractors and subcontractors.
C. Determine the bid date with the Owner and Architect. Determine the cost
of bid documents to be purchased by bidders, and coordinate the sale of
such documents. Track bidders list and conduct a pre-bid conference.
D. Coordinate requests for information from the bidders. Review these
requests with the Architect. Issue written responses and addenda as
needed to all listed bidders and to plan rooms.
E. Determine the time and place and procedure to receive bids. Evaluate the
bids, bidders qualifications, financial statement, bid bonds, and any other
requirements listed in the Instructions to Bidders.
F. Advise the Owner of the apparent successful bidder; and upon the Owner's
consent, notify all bidders of the results.
G. Coordinate a meeting with the Owner, Architect, and Contractor to review
the Contractors construction schedule and determine substantial completion
date as well as contract completion date. Determine the date of the Notice
to Proceed. Review the list of Subcontractors.
H. Advise the Owner and potential Contractor of any objections to the listed
Subcontractors.
5. Award of Contract
A. Make sure that the Architect has all the addenda included in the final
Contract Documents.
B. Prepare the copies of the Contract to include the Contract Completion Date,
and process for signatures by all parties. Issue Notice to Proceed.
6. Construction Contract Administration
A. HNTB would conduct the pre -construction conference, take meeting notes,
and issue the minutes to ail parties.
B. Coordinate the temporary improvements for the relocation of the Police
Department and City Hall employees with the Contractor, City Staff and
lessor. Review the City's temporary office requirements with the lessors
tenant improvement plans. Review the lessor's construction schedule in
coordination with the Project Construction Schedule to minimize disruption
of services. Advise the Owner of discrepancies with the plans or schedule,
and ensure that the lessor is informed also.
C. Track the progress in a daily log for the tenant improvement construction,
as well as the permanent construction at the Civic Center.
D. Conduct weekly meetings with the lessor to review the progress of the work
and track potential changes which might affect the cost of the work or
schedule. Issue meeting minutes complete with action assignments and
dates for the appropriate parties.
E. Conduct weekly construction progress meetings with the Civic Center
General Contractor to review the schedule, progress of the work, material
acquisition, submittals, action assignments, potential change orders,
problems or alternate details to the plans, requests for information, pay
applications, and any other pertinent information. We recommend a list of
general topics be included in the Contract Documents as a guideline to the
Contractor to know what is expected. HNTB to issue these minutes.
F. Provide daily inspections of the temporary work and permanent work.
Record daily logs of the progress of each work portion, and submit these
reports to the Owner weekly. Notify the Owner and Contractor of any lack
of compliance with the weekly meeting assignments. (This is done in
writing for the sake of record keeping.)
G. Daily inspections will also verify compliance with the contract documents as
well as detailed quality control and trade coordination. Notify the
Contractor, in writing, of any discrepancies and keep records for the Owner.
H. Verify the inspections and reports of each portion of the work by the
independent testing/inspection agencies on behalf of the Owner. Review
and approve invoices for such work. Keep inspection records separate
from the Contractor's records.
I. Review the construction schedules and mandate schedule revisions as
needed.
J. Review and verify progress payments for the Owner. Review lien releases,
value of the work, stop notices, if any, and offsite stored materials, if any.
K. Review change orders and claims. Analyze claims and write a
recommendation for costs and time extension if appropriate on each item
of a claim or change order.
L. Take monthly photos and issue a monthly progress report stating cost to
date, anticipated additional costs, schedule analysis, change order log
which includes a brief analysis, and commentary on contract compliance.
-� M. Track submittal schedule, submittals and shop drawings. HNTB would
review the Contractor's and Architect's activities and timely submissions as
needed to keep to the construction schedule, and notify either party causing
delay for the record.
HNTB recommends that the design Architect be retained to check the shop
drawings and submittals in detail. This will keep the Architect and his consultants liable
for potential errors and omissions claims, and allows the Architect to catch errors in the
plans as much as possible before that portion of the work proceeds. HNTB would do
general review of the shop drawings for monitoring purposes only.
N. Review and monitor safety. Notify the Contractor of any unsafe conditions
if discovered. The Contractor would be required to enforce the safety
precautions. HNTB would attend the Contractor's safety meeting with its
subcontractors.
O. Provide a log of bulletins issued by the Architect, complete with a brief
analysis as needed for claims review.
P. Provide a log of requests for information listing date received, date
responded, and reason for question as needed for claims review.
7. Occupancy and Project Closeout
Q. Coordinate all project close-out activities. Review and process warranties,
maintenance, operation manuals, record samples, as -built drawings, and
monitor staff training to verify contract compliance.
R. Assist the Owner with transition and move -in activities of the City Staff and
Police Department.
SECTION 5
FEE SCHEDULE/PROPOSAL
H NTB's fee proposal of $291,978 anticipates that the City will provide: office space, office
furniture, secretarial services, telephone services, FAX services and machine, a word
processor (IBM compatible) for the secretary, file cabinets, use of a high speed copier,
postage services, stationary supplies, plan rack, and plan table.
HNTB's fee for the Inspection Services is and hourly cost estimate of $34,980 and is an
extra service if required by the City. The client will be billed only for the hours needed to
accomplish the work. Reinspection costs due to Contractor errors would be tracked
separately and invoiced separately as these cost are chargable back to the Contractor
by the City.
HOURLY FEE SCHEDULE
Hourly Rate*
Project Manager: Ed Elowe $82.50
Principal: $125.00 If required
Associate: $100.00 If required
Draftsman jechnician: $40.00 When full-time, on-site
$50.00 If required
Secretary: $37.00 If required
* Hourly Rate includes direct labor, overhead, burden and profit. These rates apply to
hours requested by the City beyond the hours in the fee proposal.
FEE SCHEDULE ANALYSIS
Hours per week, Hours per years 40 hours x 52 weeks 2080
Less:
Vacation (80)
Holidays (72)
Professional Development & Administration (16)
Available Hours per year 1,912
Available Hours per month 159
Hours of Commitment
Project Manager
Project Technician
3 months @ 100% 478 Hours
20 months @ 50% 1,593 Hours
Total 2,071
@ $82.50 per Hour = $170,885
18 months @ 100% 2,868 Hours
2 months @ 50% 159 Hours
Total 3,027
@ $40.00 per Hour = $121,093
Hourly rate based upon assignment at project office Normal rate $50/hour
Grand Total $291,978
i
ICU i i
TUSTIN CIVIC CENTER
INSPECTION SERVICES FEE SCHEDULE
The following estimates are based upon HNTB providing inspection for the services normally provided by
your Building Inspection Department:
** Check out for operational efficiency and contract compliance
SubTotal of Hours 424 Hours
x $82.50
Inspection Estimate $34,980
Hours
Structural:
32 inspections @ 4 hrs = 128
Plumbing
Rough 4 insp. @ 8 hrs =
32
Finish; 4 insp. @ 8 hrs =
32
HVAC:
Rough; 4 insp. @ 8 hrs =
32
Finish; 4 insp. @ 8 hrs =
32
* Close-out Review; 4 days =
32
* Verification of test and balance, control system sequences, fire alarm interlock, sound attenuation,
etc.
Electrical:
Rough; 4 insp. @ 8 hrs =
32
Finish; 4 insp. @ 8 hrs =
32
** Security/Fire Alarm
Check out =
40
** Sound /Telecommunication
Check out =
32
** Check out for operational efficiency and contract compliance
SubTotal of Hours 424 Hours
x $82.50
Inspection Estimate $34,980
EXHIBIT "B"
SCOPE OF SERVICES
SCOPE OF SERVICES
TUSTIN CIVIC CENTER EXPANSION PROJECT
1.0 Introduction
In addition to the proposal for project/construction manager
services identified as Exhibit "A", the following is a
clarification of the anticipated scope of services based on
subsequent interview and negotiation between the Tustin
Community Redevelopment Agency (hereafter referred to as
"Agency") and Howard Needles Tammon & Bergendoff (hereafter
referred to as "HNTB") and is part of the standard agreement
for consulting services.
2.0 Project Definition
Construction plans and specifications for permanent
improvements to the Civic Center are currently in plan check.
With cost of improvements estimated at approximately 10.7
million dollars, construction of permanent improvements are
estimated to begin in late summer 1991 with completion on
construction to proceed in two or three phases over an
estimated 24 - 30 month time frame.
During construction of permanent improvements and more
particularly during Phase I when the parking structure and
expanded Police Department facilities are under construction,
the Police Department will move into City Hall for
approximately 8 - 12 months. At the completion of the parking
structure and their facilities, the Police Department will be
moved back into their renovated building. City Hall employees
will be relocated for the entire term of construction of all
phases to a facility at 15222 Del Amo Avenue, Tustin.
Plans and specifications for temporary modifications to City
Hall to accommodate Police Department operations are currently
in plan check.
Construction of tenant improvements for a temporary City Hall
facility at 15222 Del Amo will be a turn -key provided by the
lessor with HNTB coordination an important factor.
A comprehensive preliminary schedule for each phase of the
project is included as Attachment I and II.
3.0 Project Team
It is understood that the architectural firm of John Bates and
Associates, Inc., have been retained to provide design
professional services along with other specialty consultants
1
and that the project is currently in a final design
development stage. HNTB will furnish its professional skill
and judgment with due care. In providing service, the HNTB
will endeavor to maintain a working relationship with the
contractor(s) and design professionals, Redevelopment Agency
and City staff. However, nothing in this proposal shall be
construed to mean that the HNTB assumes any contractual or
customary responsibilities of contractor(s) or design
professional(s). The contractors) is solely responsible for
construction means, methods, sequence and procedures for
constructing the project and for the safety of his personnel
and his operations and for performing in accordance with the
contractor(s)' agreement with the Agency. The design
professional(s) is solely responsible for project design, its
compliance to State, Federal, County and Municipal ordinances
and performance in accordance with the design professional (s) '
agreement with the Agency.
4.0 HNTB's Management Services
It is intended that the Agency retain HNTB to act as its agent
to.manage the final design, construction and occupancy phases
of the project. It is assumed that the Agency and HNTB each
accept the relationship of ttust between them established
under this relationship. The project is planned to be
constructed through one contract for the major components of
work. All contracts for design professional and construction
services will be directly with the Agency. The following are
specific tasks to be performed by HNTB.
4.1 Design Phase Services
.1 Coordination and Administration
.1 Evaluate the Agency's draft program documents.
.2 Coordinate and expedite
information
between
Departments
(Community
Works, Police
Department
Administrative Services
Department),
design
consultants.
the flow of design
the Agency, City
Development, Public
Community Services,
and County Fire
professional, and
.3 Conduct or participate in project meetings
with the design professional and consultants
required for the exchange of information,
resolution of design decisions and review of
the final design progress.
.4 Coordinate and comment on the activities of
the Agency and City Departments in
2
establishing and/or providing design
information or criteria.
.5 Conduct Agency management meetings with the
Agency to facilitate coordination of
information and the resolution of issues.
.6 Administer for the Agency, services provided
by the design professional and other technical
consultants and inner agency agreements.
.7 Review the design documents for consistency to
stated goals and objectives.
.8 Evaluate and document and manage the final
project approval requirements including
submissions to City Departments and City
Council.
.9 Evaluate alternative forms of procurement of
construction materials. Recommend for
approval and implement the approved approach.
.10 If pre -qualification of bidders can be a
process acceptable to City Attorney, develop
and manage the process whereby the Agency pre -
qualifies bidders. It is understood that if
the City Attorney finds the approach
acceptable, a pre -qualification program is
available for HNTB's use. This activity shall
include as necessary the preparation and
transmission of documents, analyzing and
scoring completed questionnaires; interviewing
bidders' bond agents, financial institution
and previous clients; and preparing
recommendations to the AGENCY.
.11 Prepare and coordinate notices and
advertisements in accordance with established
bidding requirements and the Agency policy.
.12 Expedite the delivery of all bid documents and
addenda to bidders.
.13 Conduct pre-bid conferences for the benefit of
all bidders. These conferences shall be a
forum for HNTB, and the Design Professional to
delineate project requirements to the bidders.
3
.2 Budget Management
.1 Review and maintain master budget and cost
control system inclusive of all anticipated
project costs. Prepare a monthly report on
budget and cost status. Advise Agency and
design professional of specific variances;
make recommendations and implement programs to
maintain project budget.
.2 Develop and maintain project cash flow
projections per Exhibit "A", incorporated
herein by reference.
.3 Solicit and evaluate proposals for consultants
services; recommend award to the Agency.
.4 Analyze all cost estimates and projections to
ascertain compliance with budget goals.
.5 Analyze all bids for construction and
recommend award to the Agency.
.6 Approve payment for all project costs.
.3 Schedule Management
.1 Review and maintain project Master Schedule
which will identify all major activities.
.2 Analyze detail phase schedules of project
team. Review progress against master schedule
requirements and inform the Agency and Design
Professional of variance from Schedule.
Recommend and implement corrective actions
including design or administrative
alternatives to accelerate overall schedule.
.3 Review and update milestone construction
schedule and phasing requirements responding
to the design, and anticipated construction
sequence, site constraints, and City of Tustin
administrative requirements.
.4 Evaluate and recommend alternate contracting
approaches. Implement strategy, to'ensure the
earliest completion of the project consistent
with the Agency's overall objectives.
.5 Identify Agency's furnished or long lead
items; direct the Agency in the procurement of
these items.
4
.4 Management Information
.1 Assist Contract Officer in development of an
overall Project Management Plan consisting of
contractor's schedule, budget and program
goals.
.2 Prepare and distribute schedule maintenance
reports to the Agency and Design Professional
which contrast actual against scheduled
progress for the design phase as well as the
impact on the overall project.
.3 Maintain on a weekly basis a team action log
identifying the responsible party for critical
activities required to maintain project
milestones.
.4 Prepare and distribute monthly project budget
reports to the Agency and Design Professional
which shall contrast projected estimated costs
compared to the Master Budget.
.5 Prepare and cristribute monthly executive
reports outlining overall project status in
terms of budget, schedule and team
performance.
4.2 Construction Phase services
.1 Coordination and Administration
.1 -Coordinate and administer construction
contracts on behalf of the Agency.
.2 Administer for the Agency services provided by
the Design Professional and other technical
consultants.
.3 Conduct weekly coordination meetings with
contractor and Design Professional.
.4 Coordinate activities of the Agency to ensure
coordination with the construction process on
all phases of project.
.5 Evaluate and resolve issues or conflicts
between construction contract, design
documents and Agency goals.
.6 Coordinate with architect and City's
inspection services relative to Essential
Services Inspection.
5
-- .7 Periodically review contractor record drawing
status. Coordinate and review for Agency,
completed turn -key improvements for temporary
City Hall relocation at 15222 Del Amo Avenue,
Tustin.
.2 Budget Management
.1 Maintain project cost and budget reports.
.2 Review and approve construction pay
applications.
.3 Evaluate, approve execution and payment for
any -field or change order work.
.3 Schedule Management
.1 Evaluate on a weekly basis the schedule
performance of Contractor(s).
.2 Update and maintain master schedule based on
performance of Contractor(s).
.3 Identify and initiate action necessary to
integrate Agency purchasing requirements to
construction.
.4 Management Information
.1 Prepare and maintain schedule reports
contrasting planned versus actual and
anticipated schedule.
.2 Prepare and, maintain project budget reports
contrasting projected costs to master budget.
.3 Maintain weekly action log identifying the
responsible party for critical activities
required to maintain project milestones.
.4 Continue to prepare and distribute Executive
Reports outlining overall project status in
terms of budget, schedule and team
performance.
m
4.3 Post Substantial Completion Phase
.1 Coordination and Administration
.1 Coordinate contract completion with move -in
activities of the Agency.
.2 Coordinate and administer the resolution of
post substantial completion work.
.3 Coordinate occupancy permits with Building
Official.
.4 Represent the Agency in final inspection and
approval of contracts.
.5 Ensure Agency receives all warranties;
operation and maintenance manuals and record
drawings from appropriate sources.
.6 Turn over project files to Agency for
safekeeping.
.2 Budget Management
.1 Prepare final budget report including, if
necessary, coordination with Agency accounting
records.
.3 Schedule Management
.1 Coordinate Agency move -in activities.
.2 Coordinate post occupancy corrective/warranty
work to minimize disruption to occupant
operating conditions.
.4 Management Information
.1 Prepare final budget report.
.2 Prepare final schedule report.
.3 Prepare project overview Executive Report
summarizing budget, schedule and team
performance.
5.0 Agency Responsibilities
.1 The Agency will provide all pertinent project related
documents and contracts to HNTB.
7
-- .2 The Agency will provide to HNTB full information
regarding the Agency requirements for the Project.
.3 The Agency has identified one individual within the City
to function as the Owner Agent's sole administrative
contact. This individual shall be Christine Shingleton
or her authorized representative.
.4 The Agency will furnish legal, accounting and insurance
counseling sources as may be necessary for the project.
.5 The Agency will provide to the project manager only
certain on-site office space, utilization of clerical
staff, office furniture including a plan rack and plan
table, telephone services, FAX services, stationary
supplies as approved by the Agency.
.6 The Agency may also provide certain administrative
personnel necessary to support the project. HNTB has the
right to evaluate performance with respect to the project
and recommend alternate staffing.
.7 If the Agency or HNTB observes or otherwise becomes aware
of any fault or defect irr the Project or nonconformity
with the Contract Documents, prompt written notice
thereof shall be given to each party.
.8 The Agency will furnish required information and
approvals and perform its responsibilities and activities
in a timely manner to facilitate orderly progress of the
work in cooperation with HNTB consistent with the
Agreement and in accordance with the planning and
scheduling requirements and budgetary restraints of the
Project as determined by the Agency.
.9 The Agency will retain the design professional(s), whose
services, duties and responsibilities shall be described
in a written agreement between the Agency and design
professional(s). The Agency will, in its agreement with
the design professional(s), require that the design
professional (s) perform his services in cooperation with
the representative of the Agency and in accordance with
the planning and scheduling requirements and budgetary
restraints of the Project as determined by the Agency.
The Agency will notify the design professional (s) that
HNTB is acting in the capacity of Agency representative.
The terms and conditions of the design professional's
agreement will not be changed or waived without the
written consent of HNTB, which consent shall not be
unreasonably withheld.
.10 The Agency will approve an initial budget and any
subsequent revisions to the Project requirements shall be
based on consultation with HNTB.
.11 The Agency will cause any and all agreements between the
Agency and the Contractor(s) to be compatible and
consistent with this agreement, including waiver of
subrogation, each of such agreements shall expressly
recognize HNTB as providing Project Management Services
under this agreement.
.12 The Agency will in a timely manner secure and pay for
necessary approvals, easements, assessments, permits, and
charges required for the construction, use or occupancy
of permanent structures.
.13 The Agency, his representatives and consultant(s) will
communicate with the Contractor(s) through HNTB.
.14 The Agency will send, and shall require design
professional(s) to send, copies of all notices and
communications sent to or received by the Agency or
design professional (s) relating to the Project, to HNTB.
6.0 Duration of Service
.1 It is anticipated that the duration of service by HNTB
will occur over an approximate 36 -month period commencing
in March 1991.
7.0 Assigned Personnel
.1 Project Principal for the project will be Ronald Hartje
with Edward Elowe identified as the Project Manager.
Project technician and inspectors will also be assigned
to the project. Said technician and inspectors will be
subject to interview and approval by the Agency and the
Agency reserves right to request alternative staff on
these functions if we are not satisfied with the
individuals assigned by HNTB responsible for the
supervision of project management and inspection
services.
8.0 HNTB Compensation
.1 The Agency will compensate HNTB at a rate not to exceed
$291,978 based on current anticipated staffing and
project approach for the entire period of construction
for Civic Center project management services based on
personnel hourly rates contained in Consultant proposal
attached as Exhibit "A".
9
.2 A not to exceed fee of $34,980 is established for HNTB
providing inspection services for the Civic Center
Project also based on personnel hourly rates contained in
Exhibit "A."
.3 Projection of management and inspection fees are
inclusive of all principal time; main office overhead
expense, normal insurances, and profit.
.4 Change orders approved in writing by Agency will be
compensated at the personnel hourly rates contained in
the Consultant proposal attached as Exhibit "A" or at
rates not shown in Exhibit "A" which are agreed to in
writing by the contract officer.
.5 The Agency and HNTB agree that the above amounts may be
renegotiated if the Scope of Services and/or staff
required are mutually revised.
8.2 HNTB's Accounting Records
Records of HNTB's payroll, consultant fees and Direct
Expenses pertaining to the Project shall be maintained on
the basis of generally accepted accounting practices and
shall be available for inspection by the Agency or the
Agency's representative at mutually convenient times for
a period of two ( 2 ) years after issuance of the
Certificate of Final Completion.
Payments to HNTB shall be made monthly, not later than
thirty (30) days after presentation of HNTB's invoice to
the Agency as follows:
.1 Monthly for project management expense incurred
provided monthly payments will not exceed $9,740 in
any one month and total payments do not exceed
$291,978, unless otherwise authorized in writing by
the Contract Officer,
.2 Monthly for inspection services as costs are
incurred provided total payments do not exceed
$34,980,
.3 Monthly for costs incurred for any additional
services approved in writing by contract officer.
9.0 Insurance
9.1 Agency's Insurance
Any Builder's Risk Insurance Policy obtained by the
_ Agency and any insurance policies obtained by the
10
Agency's construction contractors) with regard to the
work and required by contracts with the Agency to name
the Agency as an additional insured, shall also name the
HNTB as an additional insured and specify that such
insurance is primary insurance as respects HNTB and that
any other insurance maintained by HNTB is excess and non-
contributing with the insurance required hereunder.
Liability insurance for the buildings is not to be
provided by HNTB.
CAS:nm/tusccexp.agr
11
ATTACHMENT I
TEMPORARY IMPROVEMENTS
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ATTACHMENT II
PERMANENT IMPROVEMENTS