HomeMy WebLinkAbout13 PROJ MGMNT SVCS-TUSTIN LIBRARY 12-04-06
Agenda Item
Reviewed:
City Manager
Finance Director
AGENDA REPORT
MEETING DATE: DECEMBER 4,2006
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER
SUBJECT: PROJECT MANAGEMENT SERVICES FOR TUSTIN LIBRARY
PROJECT (CIP 1045)
SUMMARY:
Construction plans and specifications are nearing completion for the Tustin Library
Project and given the complexity of the project, it is now necessary to enter into an
agreement for project construction management services for the Tustin Library Project.
RECOMMENDATION:
It is recommended that the City Council approve the Consultant Services Agreement
with Griffin Structures, Inc. (the "Consultant") for the project construction management
services for the Tustin Library Project; and authorize the City Manager to execute a
Consultant Services Agreement with the Consultant, subject to final approval as to form
of the Agreement as required by the City Attorney.
FISCAL IMPACT:
The proposed Consultant Services Agreement anticipates a not to exceed base fee
contract of $510,000 with 30% of the fee to be held in retention and released upon
completion of the project based on Consultant's performance. An additional budget for
reimbursable expenses of not to exceed $20,000 is also proposed. Anticipated services
have been budgeted in the 2006-07 Capital Improvement Budget.
BACKGROUND:
As the City Council is aware, construction plans and specifications for the Tustin Library
project are being prepared arid are approximately 95% complete. Advertisement of bids
is expected sometime in early 2007. With the hard costs of construction currently
estimated at approximately $14-15 million, at this stage of plan preparation, construction
could begin by early summer with completion of construction to proceed in two phases
over a 12-14 month period. The existing Tustin Branch Library would continue to
operate at its present location until completion of the new library facility and move-in of
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the facility by the Orange County Public Library. At that point, the existing library facility
will be demolished and additional customer parking constructed.
Given the phasing complexity of the project and it size and dollar value, it has always
been anticipated that project construction management services would be necessary.
With the current status of plan preparation approaching completion, it is also critical that
a final constructability review be completed on plans and specifications prior to final plan
check and bid advertisement for the project. Appropriately, based on advice of the City's
library consultants, we searched wide for an experienced library construction manager
with a local Orange County presence in conjunction with the City's defined scope of
work. Based on this review of qualified firms, the City Manager's office in consultation
with our Public Works Department identified and interviewed a local Orange County
Firm, Griffin Structures, Inc., whom we believe responded to the following selection
criteria:
1. Specialized experience in construction management particularly on library projects
and other large institutional projects, and in working closely under contract with a local
municipality or County.
2. The ability of the firm to assign one experienced individual to the project from start to
finish.
3. Cost effective service and fee based on performance:
a. A track record of ensuring projects are completed within budget and on schedule.
b. Cost effective service.
c. Willingness to measure ultimate fee against Consultant's actual performance.
In addition, City staff received excellent responses regarding the level and quality of
services by checking references provided by Griffin Structures, Inc. Griffin Structures
has completed project construction management services on a number of recently
completed projects including: the Newport Beach Donna & John Crean Mariners
Library; the Hesperia City Library and City Hall project; the construction of the Rancho
Santa Margarita Regional Community Center and City Hall; the Watsonville 200 Main
Street mixed use project including a City Hall, library and court facility, and the Lake
Forest community center and park. In addition, they have provided services to the City
of Santa Ana on a number of recent public works projects as well as the City of Irvine.
A proposed Consultant Services Agreement is attached. The costs of services for
project management are not expected to exceed a not to exceed base fee amount of
$510,000 with authorization for additional compensation for direct reimbursables not to
exceed $20,000. In addition, the Consultant has agreed to having thirty percent (30%)
of the base fee amount (the "Performance Retention") withheld until one hundred
percent (100%) completion of the project and then authorizing the City to provide
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payment to Consultant of up to the 30% Performance Retention based on the
Consultant's performance during the Agreement term based on the City evaluation, in
its sole discretion. The normal industry standard for project construction management
services is approximately 3-4% of total construction valuation. The Consultant's
proposed fee is well within this industry standard.
Pending completion of the City Attorney's final review of the contract and to expedite the
matter since it is aniticipated that there will not be a second December City Council
meeting, it is being recommended that the Consultant Services Agreement be
authorized subject to final approval of the contract as to form by the City Attorney.
Christine A. Shingleton
Assistant City Manager
CONSULTANT SERVICES AGREEMENT
This Agreement for Consultant Services (herein "Agreement"), is made and
entered into by and between the CITY OF TUSTIN, a municipal corporation ("City"), and
Griffin Structures, Inc.("Consultant"), a California corporation.
WHEREAS, Consultant is qualified to provide the necessary services and has
agreed to provide such services; and
WHEREAS, Consultant has submitted to City a proposal, dated November 30,
2006, a copy of which is attached hereto as Exhibit "A", and is by this reference
incorporated herein as though set forth in full hereto (the "Proposal").
NOW, THEREFORE, in consideration of the premises and mutual agreements
contained herein, City agrees to employ and does hereby employ Consultant and
Consultant agrees to provide consulting services as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, Consultant shall provide those services specified in the Scope of
Services" attached hereto as Exhibit "B" and incorporated herein by this reference, (the
"services" or the "work"). Consultant warrants that all services shall be performed in a
competent, professional and satisfactory manner in accordance with all standards
prevalent in the industry. In the event of any inconsistency between the terms contained
in Exhibit "B" and the terms set forth in the main body of this Agreement, the terms set
forth in the main body of this Agreement shall govern.
1.2 Compliance with Law. All services rendered hereunder shall be
provided in accordance with all laws, ordinances, resolutions, statutes, rules, and
regulations of the City of Tustin and of any federal, state or local governmental agency of
competent jurisdiction.
1.3 Licenses and Permits. Consultant shall maintain at its sole cost and
expense such licenses as may be required by law for the performance of the services
required by this Agreement.
1.4 Familiarity with Work. By executing this Contract, Consultant
warrants that Consultant using its best efforts,(a) has thoroughly investigated and
considered the work to be performed, (b) has investigated the site of the work and
become fully acquainted with the conditions there existing, (c) has carefully considered
how the work should be performed, and (d) fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should the
Consultant discover any latent or unknown conditions materially differing from those
inherent in the work or as represented by the City, Consultant shall immediately inform
City of such fact and shall not proceed with any work except at Consultant's risk until
written instructions are received from the Contract Officer.
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1.5 Care of Work. Consultant shall adopt and follow reasonable
procedures and methods during the term of the Agreement to prevent loss or damage to
materials, papers or other components of the work, and shall be responsible for all such
damage until acceptance of the work by City, except such loss or damages as may be
caused by City's own negligence.
1.6 Additional Services. Consultant shall perform services in addition to
those specified in the Proposal when directed to do so in writing by the Contract Officer,
provided that Consultant shall not be required to perform any additional services without
compensation. Any additional compensation not exceeding ten percent (10%) of the
original Contract sum must be approved in writing by the Contract Officer. Any greater
increase must be approved in writing by the City Manager.
1.7 Special Requirements. Any additional terms and conditions of this
Agreement, are set forth in Exhibits "C" and "D" and are incorporated herein by this
reference. In the event of a conflict between the provisions of Exhibit "B", "C", "D" and "E"
and any other provision or provisions of this Agreement including Exhibit A, the provisions
of Exhibits "B", "C", "D and "E"shall shall govern.
2. COMPENSATION
2.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, the Consultant shall be compensated and reimbursed only such amount
as is prescribed in Exhibit C, in an amount no to exceed $510,000 in addition to any
authorized additional reimbursable expenses as identified in Exhibit C.
2.2 Method of Payment. In any month in which Consultant wishes to
receive payment, Consultant shall no later than the first working day of such month,
submit to City in the form approved by City's Director of Finance, an invoice for services
rendered prior to the date of the invoice. City shall pay Consultant for all expenses stated
thereon which are approved by City consistent with this Agreement, no later than the last
working day of said month.
2.3 Chanqes. In the event any change or changes in the work is
requested by City, the parties hereto shall execute an addendum to this Agreement,
setting forth with particularity all terms of such addendum, including, but not limited to, any
additional Consultant's fees. Addenda may be entered into:
A. To provide for revisions or modifications to documents or
other work product or work when documents or other work product or work is required by
the enactment or revision of law subsequent to the preparation of any documents, other
work product or work;
B. To provide for additional services not included in this
Agreement or not customarily furnished in accordance with generally accepted practice in
Consultant's profession.
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2.4 Payment for Chanqes. Changes approved pursuant to an
Addendum shall be compensated at the personnel hourly rates prescribed in Exhibit "C"
hereto.
3. 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 shall be performed within any time periods prescribed in any Schedule of
Performance attached hereto marked Exhibit "D". The extension of any time period
specified in the Exhibit "D" must be approved in writing by the Contract Officer.
3.3 Force Maieure. The time for performance of services to be rendered
pursuant to this Agreement may 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 a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, and unusually severe weather if the Consultant shall within ten (10)
days of the commencement of such condition notify the Contract Officer who shall
thereupon ascertain the facts and the extent of any necessary delay, and extend the time
for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 7.7 of
this Agreement, this Agreement shall continue in full force and effect until satisfactory
completion of the services but not exceeding two (2) years from the date hereof, unless
extended by mutual written agreement of the parties.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following Principal of the
Consultant is hereby designated as being the principal and representative of Consultant
authorized to act in its behalf with respect to the work specified herein and make all
decisions in connection therewith: Roger Torriero.
It is expressly understood that the experience, knowledge, capability
and reputation of the foregoing Principal is 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 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 City.
4.2 Contract Officer. The Contract Officer shall be the Christine
Shingleton, Assistant City Manager of City unless otherwise designated in writing by the
Assistant City Manager of City. The Co-Contract Officer shall be the Doug Anderson. It
shall be the Consultant's responsibility to keep the Contract Officer, or the Co-Contract
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Officer in the Contract Officer's absence, fully informed of the progress of the
performance of the services and Consultant shall refer any decisions which must be
made by City to the Contract Officer. Unless otherwise specified herein, any approval of
City required hereunder shall mean the approval of the Contract Officer or the Co-
Contract Officer.
4.3 Prohibition Aqainst Subcontractinq or Assiqnment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees were a
substantial inducement for the City 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 City. 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 City.
4.4 Independent Contractor. Neither the City nor any of its employees
shall have any control over the manner, mode or means by which Consultant, its agents
or employees perform the services required herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of City
and shall remain at all times as to City a wholly independent contractor with only such
obligations as are consistent with that role. Consultant shall not at any time or in any
manner represent that it or any of its agents or employees are agents or employees of
City. Consultant shall be solely responsible for compliance with State and Federal Law
with respect to the wages, hours, benefits, and working conditions of its employees,
including requirement for payroll deductions for taxes. Employees or independent
contractors of Consultant are not City employees.
5. INSURANCE / INDEMNIFICATION
5.1 Insurance.
A. Consultant shall maintain in full force and effect during the
term of these Agreement policies of commercial general liability and automobile liability
insurance (each of which shall include property damage and bodily injury) and each with
limits of at least $1,000,000 combined single limit coverage per occurrence.
B. Consultant shall maintain in full force and effect during the
term of this Agreement a policy of professional liability insurance coverage with limits of at
least $1,000,000 combined single limit coverage per claim or per occurrence. If
Consultant provides claims made professional liability insurance, Consultant shall also
agree in writing either (1) to purchase tail insurance in the amount required by this
Agreement or to cover claims made within five (5) years of the completion of Consultant's
service under this Agreement, or (2) to maintain professional liability insurance coverage
with the same carrier in the amount required by this Agreement for at least five (5) years
after completion of Consultant's services under this Agreement. Consultant shall also
provide evidence to the City of the purchase of the required tail insurance or continuation
of the professional liability policy by executing the attached Letter Agreement on
Consultant's letterhead.
C. Consultant shall carry and pay for such workers'
compensation insurance as is required fully protect Consultant and its employees under
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California Worker's Compensation Insurance Law. The insurance company shall agree to
waive all rights of subrogation against the City for losses paid under the policy, which
losses arose from the work performed by the named insured.
D. Other applicable insurance requirements are: (1) Name the
City, its officials and employees as an additional insured on the commercial, general and
automobile policies. (2) The insurance shall be issued by a company authorized by the
Insurance Department of the State of California and rated A, VII or better (if an admitted
carrier) or A-, X (if offered, by a surplus line broker), by the latest edition of Best's Key
Rating Guide, except that the City will accept workers' compensation insurance rated B-
VIII or better or from the State Compensation Fund. (3) The Insurance shall not be
cancelled, except after thirty (30) days written prior notice to the City; and (4) The
commercial general and automobile liability insurance shall each be primary as respects
the City, and any other insurance maintained by the City shall be in excess of this
insurance and not contribute to it.
E. Upon execution of this Agreement, Consultant shall provide to
City certificates of insurance and insurer endorsements evidencing the required
insurance. Insurer endorsements (or a copy of the policy binder if applicable) shall be
provided as evidence of meeting the requirements of Subsections (1)(3) and (4) of
Section 7D above and the waiver of subrogation requirement in Section C above. If self-
insured for worker's compensation, Consultant shall submit to City a copy of its
certification of self-insurance issued by the Department of Industrial Relations.
5.2 Indemnification. The Consultant shall defend, i.ndemnify and hold
harmless the City, its officers and employees, from and against any and all actions, suits,
proceedings, claims, demands, losses, costs, and expenses, including legal costs and
attorneys' fees, for injury to or death of person or persons, for damage to property,
including property owned by City, arising from errors and omissions of Consultant, its
officers, employees and agents, and arising out of or related to Consultant's performance
under this Agreement, except for such loss as may be caused by City's sole negligence or
that of its officers or employees.
The Consultant shall also defend, indemnify and hold the City
harmless from any claims or liability for City health and welfare, retirement benefits, or
any other benefits of part-time or fulltime City employment sought by Consultant's
officers, employees, or independent contractors, whether legal action , administrative
proceeding or pursuant to State statue.
6. 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 reasonabley require.
6.2 Records. Consultant shall keep such books and records as shall be
necessary to properly 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
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right to inspect, copy, audit and make records and transcripts from such records. Costs of
any copies, audits and record reproduction shall be the sole expense of the City.
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 City and shall be delivered to City 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
City of its full rights or ownership of the documents and materials hereunder. Consultant
may retain copies of such documents for its own use. Consultant shall have an
unrestricted right to use the concepts embodied therein.
6.4 Release of Documents. All 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. ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreement shall be construed and interpreted
both as to validity and to performance of the 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
Orange, 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 therefor. The injured party shall continue performing its obligations 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 City may
take immediate action under Section 7.6 of this Agreement. 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 non-defaulting party on any default shall impair such right or remedy or be construed
as a waiver. No consent or approval of City shall be deemed to waive or render
unnecessary City'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 Riqhts 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
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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 Leqal 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, a declaratory judgment or any other remedy consistent with the
purposes of this Agreement.
7.6 Termination Prior to Expiration of Term. The City 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 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, City 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 City
shall use reasonable efforts to mitigate damages, and City may withhold any payments to
the Consultant for the purpose of set-off or partial payment of the amounts owed to City.
7.8 Attorneys Fees. If either party commences an action against the
other party arising out of or in connection with this Agreement or it subject matter, the
prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit
from the losing party.
8. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
8.1 Non-Liability of City Officers and Employees. No officer or employee
of City shall be personally liable to the Consultant, or any successor-in-interest, in the
event of any default or breach by the City 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 Aqainst 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 or segregation in the performance of or in connection
with this Agreement regarding any person or group of persons on account of race, color,
creed, religion, sex, marital status, national origin, or ancestry. Consultant shall take
affirmative action to insure that applicants and employees are treated without regard to
their race, color, creed, religion, sex, marital status, national origin, or ancestry.
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9. MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, or
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 address by notifying the other
party of the change of address in writing. Notice shall be deemed communicated forty-
eight (48) hours from the time of mailing if mailed as provided in this Section.
To City:
CITY OF TUSTI N
300 Centennial Way
Tustin, CA 92780
Attention: Director of Community Development
(Contract Officer)
To Consultant:
Griffin Structures, Inc., a California corporation
385 Second Street
Laguna Beach, CA 92651
Attention: Roger Torriero, CEO
9.2 Inteqrated Aqreement. 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 anyone 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 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
"City"
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Dated:
APPROVED AS TO FORM:
Douglas Holland
City Attorney
180912.1
CITY OF TUSTIN, a municipal
corporation
By:
William Huston
City Manager
"Consultant"
GRIFFIN STRUCTURES, INC., a
California Corporation
By:
Roger T orriero
Chief Executive Officer
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EXHIBIT "A"
CONSULTANT'S PROPOSAL
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m1
November 30, 2006
Ms. Christine Shingleton
Deputy City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780
RE: Tustin Library Program and Construction Management Professional Services
Dear Ms. Shingleton:
On behalf of Griffin Structures, we are both very pleased and excited to be considered as the
proposed Program and Construction Manager for the City of Tustin's new City Library.
Griffin Structures, founded in 1980, is a diversified professional services organization that
specializes in providing Program/Construction Management and Owner Representation, primarily
to the public sector.
Recent representative projects of the firm include:
Libraries
. Donna and John Crean Mariners Branch Library, Newport Beach, CA
. Central City Library, Hesperia, CA
. Watsonville City Library, Watsonville, CA
City Halls
. City of Rancho Santa Margarita, CA
. City of Hesperia, CA
. City of Santa Ana, CA (Development Service Ross Annex)
Community Centers
. Delhi Community Center, Santa Ana, CA
· Intergenerational and Community Center, Rancho Santa Margarita, CA
. Laguna Beach Senior Center and Community Center, Laguna Beach, CA
We have also included certain summarized informational materials relative to Griffin Structures'
professional experience and capabilities. Further information may be obtained at our corporate
website: www.qriffinholdinqs.net.
GRIFFIN STRUCTURES, INCORPORATED
Corporate Headquarters
385 Second Street
Laguna Beach, California 92651
TeI949.497.9000 Fax 949.497.8883
CALIFORNIA NEV ADA ARIZONA IT AL Y
~
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Ms. Christine Shingleton
November 30, 2006
We have reviewed the Consultant Services Agreement as provided by the City, and are prepared
to provide the scope of services as set forth in Exhibit "B". Griffin Structures is also in
agreement with the proposed compensation structure as set forth in Exhibit "C" of the proposal.
Further, we are amenable to placing a significant percentage (30%) of it's proposed
compensation "at risk" subject to meeting performance criteria established by the City.
In closing, Griffin Structures, Inc. is prepared to commence the requisite services immediately if
given the opportunity.
Thank you.
Sincerely,
GRIFFIN STRUCTURES, INC.
GRIFFIN STRUCTURES, INCORPORATED
Corporate Headquarters
385 Second Street
Laguna Beach, California 92651
TeI949.497.9000 Fax 949.497.8883
CALIFORNIA NEV ADA ARIZONA IT AL Y
~Project Profile
MARINERS LIBRARY
Newport Beach, California
Client: City of Newport Beach, CA
Griffin Structures was Program and -~-~
Construction Manager for this $6 million
project, including serving as Owner's
Representative for the City. The library was
constructed with support by a California
Library Grant, and integrates library
services for the adjacent
Elementary School. It
is located in a very active community park. The project includes
various landscaping components, as well as active play areas.
Project is completed, with occupancy achieved in April of 2006.
Project Timeframe: Occupancy April 2006
I Professional Services: Program and Construction Management
.
For Reference Contact: Mr. Steve Badum, Director
,...4 Public Works Department
3300 Newport Boulevard
Newport Beach, California 92663
949-644-3311
,.. ..
~Project Profile
HESPERIA LIBRARY AND CITY HALL
Hesperia, California
Client: City of Hesperia, CA
This Griffin project includes
development of a new Library and a
new City Hall. The library was funded,
in significant part, by a California
~. Library Grant, the application for which was developed under contract by
I Griffin. We also provided planning and design services, as well as the Program
Management services for the delivery of both buildings. Total project cost
(including planning, design, construction, on-sites, off-sites, and master
~ planning) is about $31.4 million
These buildings are on a civic plaza of 9.7 acres. Griffin also provided an overall
area master plan for these major components on a larger 27 acre city master
plan, including a Civic Plaza with open-air theater, other public buildings, and
__ related park development.
Project Timeframe: Occupancy October 2006
Professional Services: Program and Construction Management
For Reference Contact: Mr. Steven Lantsberger
Economic Development Director
City of Hesperia City Hall
15776 Main Street
Hesperia, CA, 92345
760-947-1906
~Project Profile
WATSONVILLE CIVIC PLAZA
Watsonville, California
Client: Watsonville Redevelopment Agency, Watsonville, CA
This $42 million project is under construction, and is being delivered by Griffin
Structures as Program Managers at Risk. It consists of a four-story downtown
government complex of 165,000 gross sq. ft. with City Library on the first and
second floors, County Criminal and Civil Courts on the third floor, and City Hall on
the fourth floor of the building.
A portion of the project, nearing completion, is an adjacent 500 stall parking
structure with access from various levels to corresponding functions within the
building. This facility is being financed by a combination of EDA grants, City general
funds, County Court capital allocation of fee revenue, and Redevelopment Bonds.
Project Timeframe: Library Occupancy June 2007
Professional Services: Program and Construction Management
For Reference Contact: Ms. Jan Davison
Housing and Economic Development Director
Redevelopment Agency
City of Watsonville
250 Main Street
Watsonville, CA 95076
831-763-4130
EXHIBIT "B"
SCOPE OF SERVICES
1.0 Introduction
The following is a clarification of the anticipated scope of services based on the interview and negotiation
process between the City of Tustin ("City") and Griffin Structures, Inc. ("Consultant") and is part of the
standard Consultant Services Agreement
2.0 Project Background
The existing Tustin Branch Library, located at 345 East Main Street within the Tustin Civic Center, is
operated by the Orange County Public Library (OCPL) under a lease agreement with the City. Built 24
years ago, the 15,000 square foot facility was meant to serve a population of approximately 30,000
residents.
The Tustin Branch Library now serves a population of approximately 150,403 patrons including 90,000
residents in the City of Tustin, the unincorporated Tustin Foothill area and students in the Tustin Unified
School District (TUSD), and 60,643 students in the Santa Ana Unified School District (SAUSD). The
library is one of the busiest in the OCPL system - nearly twice as busy as other similarly sized buildings in
the County. As many as 1,000 people visit the Tustin Branch Library daily and annual circulation for Fiscal
Year 2001 was 435,061 volumes, the second highest in the OCPL system.
Redevelopment of the former Marine Corps Air Station (MCAS) Tustin, final build-out construction of
Tustin Ranch and in-fill development is expected to boost the population served by the Tustin Branch
Library to over 188,000 patrons including residents and both TUSD and SAUSD students by the year
2020. It is anticipated that more than half of these students will be in grades K-6, the school population
most likely to visit and use the library.
The 24-year old building is nearing the end of its usable life without significant renovation. Both a 1998 and
a 2002 Needs Assessment found that Library collections, programs and services were seriously
constrained by the size and spatial configurations of the existing facility.
Given the large number of school-aged children using the facility, the Children's and Young Adult areas in
particular lack adequate reading and study areas, staff work and storage areas, and meeting rooms.
The building itself is evidencing a number of problems. Wood beams and trellises are in a state of
deterioration and appear to have termite infestations. Interior ceilings lack compression structures and
diagonal bracing that will withstand seismic impact and directly support light fixtures. The building suffers
from noise due to poor acoustics. Neither HVAC systems nor the building itself meet Title 24 energy
requirements.
To safeguard public safety, the building needs more adequate exiting and exiting that complies with the
requirements of the Americans with Disabilities Act.
Carpeting, furniture and interior finishes have suffered serious deterioration over the years and
consequently are no longer either attractive or comfortable.
Changes in technology have also contributed to the Library's obsolescence. Its current design will not
accommodate remote access systems, automated systems, training and development, or
telecommunications; nor is there provision for emerging technologies.
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An analysis of expansion alternatives for the Tustin Branch Library revealed that removal of the existing
building and construction of a new, single story facility on the present site, expanded by the acquisition of
additional land, would provide the most flexible, cost-efficient solution.
The Tustin Library Expansion site is centrally located within the library service area adjacent to the Tustin
Civic Center, Tustin Water Facility, a variety of transportation systems, the Tustin Old Town area and
several major commercial shopping areas. Numerous TUSD schools are within a quarter to a half mile
radius of the site as are the most densely populated portions of the service area with the lowest median
priced homes and educational attainment levels and the highest ethnic diversity. The location permits
patrons to take advantage of numerous public facilities, arterial roadways, on and off-street bikeways,
public transportation and pedestrian facilities.
The City has also identified an adjacent property to accommodate library growth opportunities in the future
if needed.
The OCPL has agreed to operate and maintain the new Tustin Branch Library for a minimum of 20 years.
The expansion will improve the site and surrounding areas, increase property values and create a
centrally located cultural anchor for the City.
3.0 Project Definition
The Tustin Library will result in construction of a facility totaling approximately 32,000 square feet. The
new building will dramatically change the orientation of the library so that it faces, rather than parallels,
Main Street. Patrons arriving by car may access a parking lot accommodating more than 150 vehicles in
both general and handicapped spaces. Those traveling by bus will use a conveniently located bus stops
along Newport Avenue and patrons biking to the Library may use the handy, locking bicycle racks.
The City has recently awarded a contract for building demolition on the Future Library site in an amount of
$220, 305. Construction plans and specifications for grading and construction of a new Tustin Library is
currently 95% completed. With hard costs of improvements currently estimated at approximately 16
million dollars (this does not include equipment and furniture and project management services, special
inspection, construction testing or design and engineering services).
To ensure that existing library services are not disrupted during construction, the new Tustin Library will be
constructed in two phases. During Phase 1, the new Library will be constructed and a portion of the
parking lot expansion and site improvements. At the completion of this phase, the library will move into
the new building and then in Phase 2 the old library will be demolished and remaining parking lot areas
and site amenities will be constructed.
4.0 Project Team
The architectural firm of Field Paoli have been retained by the City to provide design professional services
along with other specialty consultants who are sub-consultants to Field Paoli. In addition, the City
contracts with a special library consultant, Linda Deemers for her expertise in library development in
California. In providing project construction management services, the Consultant shall endeavor to
maintain good working relationships with the design professionals, city staff and operating departments,
and the selected contractor(s). However, nothing in this scope of services shall be construed to mean that
the Consultant assumes any contractual or customary responsibilities of the design consultants or
contractor(s). The design professionals are solely responsible for project design, and compliance with
State, Federal, County and municipal ordinances and performance in accordance with their agreement(s)
with the City. The contractor(s) is solely responsible for construction means, methods, sequencing and
procedures for constructing the project and for the safety of their personnel and operations and for
performing in accordance with their agreement(s) with the City and approved plans and specifications.
5.0 Consultant's Project Management Services
It is intended that the City retain Consultant's Project Management Services to act as its agent to manage
the final design, construction and occupancy phases of the project. It is assumed that the City and
Consultant's Project Management Services each accept the relationship of trust between them
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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 City. The following are specific tasks to be performed by Consultant's Project Management
Services.
5.1 Design Phase Services
5.1.1 Coordination and Administration
.1 Evaluate the City's draft program documents including the 95%
construction plans and specifications and review for
constructability general coordination among trades and consistency
with City's stated goals and objectives. Provide suggested
corrections as needed and see that such revisions are included in
the plans and specifications prior to issuing bid documents.
.2 Coordinate and expedite the flow of design information between the City, City
Departments as may be necessary (Redevelopment, Community Development, Public
Works, Police Department, Parks and Recreation Services, Administrative Services and
Orange County Fire Authority), design professionals, and consultants.
.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 City in establishing and/or providing
design information or criteria.
.5 Conduct City management meetings with the City to facilitate coordination of information
and the resolution of issues.
.6 Administer for the City, services provided by the design professional and other technical
consultants and inner City agreements.
.7 Evaluate and document and manage the final project approval requirements including
submissions to City Departments and City Council.
.8 Evaluate alternative forms of procurement of construction materials. Recommend for
approval and implement the approved approach.
.9 Coordinate requirements for instructions to Bidders package which should be included in
contract documents, general conditions and the construction contract and coordinate
specific project requirements with all parties including the City Attorney
.10 If pre-qualification of bidders can be a process acceptable to City Attorney, develop and
manage the process whereby the City pre-qualifies bidders. It is understood that if the City
Attorney finds the approach acceptable, a pre-qualification program is available for
Consultant's Project Management" Services 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 City.
.11 Assist in the preparation and coordination of notices and advertisements in accordance
with established bidding requirements and the City policy also developing a list of general
contractors to send bids invitations. Determine Bid date with owner and architect.
Determine the cost of
Bid documents and track bidders list.
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.12 Assist in expediting the delivery of all bid documents and addenda to bidders. This
includes coordination of requests for information from bidders and review of these
requests with City's architect and City.
.13 Conduct pre-bid conferences for the benefit of all bidders. These conferences shall be a
forum for Consultant's Project Management Services, and the Design Professional to
delineate project requirements to the bidders.
.14 Advise City of apparent successful bidder, and upon the City's consent notify all bidders of
results.
.15 Analyze all bids with coordination and feedback from the architect for construction and
recommend award to the City.
.16 Coordinate meetings with architect
5.1.2 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 City and design
professional of specific variances; make recommendations and implement programs to
maintain project budget.
.2 Develop and maintain project cash flow projections in a form to be approved by City.
.3 Solicit and evaluate proposals for consultants services; recommend award to the City.
.4 Analyze all cost estimates and projections to ascertain compliance with budget goals.
.5 Recommend payment for all project costs.
5.1.3 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 City 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, purchasing needs, site constraints,
and City administrative requirements.
.4 Identify City's furnished or long lead items; advise the City in the procurement of these
items.
5.1.4 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 reports to the City and Design Professionals which
contrast actual against scheduled progress for the construction phase as well as the
impact on the overall project.
.3 Maintain and distribute on a weekly basis a team action log identifying the responsible
party for critical activities required to maintain project milestones.
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.4 Prepare and-distribute monthly project budget reports to the City and Design Professional
which shall contrast projected estimated costs compared to the Master Budget.
.5 Prepare and distribute monthly executive reports outlining overall project status in terms
of budget, schedule and team performance.
5.2 Construction Phase Services
5.2.1 Coordination and Administration
.1 Coordinate and administer construction contracts on behalf of the
City.
.2 Administer for the City services provided by the Design Professional and other technical
consultants.
.3 Schedule and conduct weekly coordination meetings with contractor and Design
Professional.
.4 Coordinate activities of the City to ensure coordination with the construction process on all
phases of project.
.5 Evaluate and seek to resolve issues or conflicts between construction contract, design
documents and City goals.
.6 Periodically review contractor record drawing status. Coordinate and review completed
improvements.
5.2.2 Budget Management
.1 Maintain project cost and budget reports.
.2 Review, recommend approval of construction pay applications.
.3 Evaluate, recommend approval and execution and payment for any
field or change order work.
5.2.3 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 City or County purchasing requirements
for facility equipment/furniture items necessary for the library to construction.
5.2.4 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.
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.3 Maintain weekly action log identifying the responsible party for critical activities required to
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maintain project milestones.
.4 Continue to prepare and distribute Executive Reports outlining overall project status in
terms of budget, schedule and team performance.
5.3 Post Substantial Completion Phase
5.3.1 Coordination and Administration
.1 Coordinate contract completion with move-in activities of the
Orange County Public Library.
.2 Coordinate and administer the resolution of post substantial
completion work.
.3 Coordinate occupancy permits with Building Official.
.4 Represent the City in final inspection and approval of contracts.
.5 Ensure City and County receive all warranties; operation and maintenance manuals and
record drawings from appropriate sources.
.6 Turn over project files to City for safekeeping.
5.3.2 Budget Management
.1 Prepare final budget report including, if necessary, coordination with City accounting
records.
5.3.3 Schedule Management
.1 Coordinate Orange County Public Library move-in activities.
.2 Coordinate post occupancy corrective/warranty work to minimize disruption to occupant
operating conditions.
5.3.4 Management Information
.1 Prepare final budget report.
.2 Prepare final schedule report.
.3 Prepare project overview Executive Report summarizing budget, schedule and team
performance.
6.0 City Responsibilities
.1 The City will provide all pertinent project related documents and contracts to Consultant's Project
Management Services.
.2 The City will provide to Consultant's Project Management Services full information regarding the
City requirements for the Project.
.3 The City 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 City will furnish legal, accounting and insurance advise resources as may be necessary for
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the project.
.5 If the City observes or otherwise becomes aware of any fault or defect in the Project or
nonconformity with the Contract Documents, prompt written notice thereof shall be given to the
Consultant's Project Manager. If the Consultant's Project Management observes or otherwise
becomes aware of any fault or defect in the Project or nonconformity with Contract Documents,
prompt written notice thereof shall be given to the City.
.6 The City 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
Consultant's Project Management Services consistent with the Agreement and in accordance with
the planning and scheduling requirements and budgetary restraints of the Project as determined
by the City.
.7 The City will retain the design professional(s), whose services, duties and responsibilities shall be
described in a written agreement between the City and design professional(s). The City 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 City and in accordance with the planning
and scheduling requirements and budgetary restraints of the Project as determined by the City.
The City will notify the design professional(s) that Consultant's Project Management Services is
acting in the capacity of City representative. The terms and conditions of the design professional's
agreement will not be changed or waived without the written consent of Consultant's Project
Management Services, which consent shall not be unreasonably withheld.
.8 The City will approve an initial budget and any subsequent revisions to the Project requirements
shall be based on consultation with Consultant's Project Management Services.
.9 The City will cause any and all agreements between the City and the Contractor(s) to be
compatible and consistent with this agreement, including waiver of subrogation, each of such
agreements shall expressly recognize Consultant's Project Management Services as providing
Project Management Services under this agreement.
.10 The City 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.
.11 The City, his representatives and consultant(s) will communicate with the Contractor(s) through
Consultant's Project Management Services.
.12 The City will send, and shall require design professionals) to send, copies of all notices and
communications sent to or received by the City or design professional(s) relating to the Project, to
Consultant's Project Management Services.
7.0 Assigned Personnel
.1 Project Principal for the project will be Roger Torriero, and the City reserves right to request
alternative staff or sub-consultants for functions if we are not satisfied with the individuals
assigned by Consultant's Project Management Services responsible for the supervision of project
management services.
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EXHIBIT "C"
SPECIAL REQUIREMENTS
1. The Consultant shall not release to the general public or press any information
regarding the Library project or scope of services or data specific to the project
required under the Agreement without prior authorization of the contract officer. All
inquiries made of Consultant shall be immediately referred to the Contract Officer.
2. Consultant shall present to the Agency certificates of insurance and endorsement
forms verifying that the Consultant has the insurance as required by this Agreement.
Said form and endorsements shall be reviewed and approved by the office of the City
Attorney.
3. Consultant shall utilize those professional staff members to perform services as
identified in Consultant's proposal. No substitution or additional or new staff members
or sub-consultants shall be made without the advance written approval of the Contract
Officer. The Consultant shall review and replace project personnel or sub-consultants
who do not perform assigned duties in a manner satisfactory to Contract Officer when
requested by Contract Officer.
7. Monthly progress reports shall be submitted by Consultant with billing requests. At
minimum these reports shall specify the period reported, tasks completed, tasks
underway, and percent of project completed.
8. Consultant shall be required to meet with the Contract Officer as determined
necessary or desirable to discuss elements of the Scope of Work and project's
progress.
9. Field Investigation necessary. The Consultant shall obtain all necessary field data and
make investigations and studies necessary to properly accomplish the work required
under this Agreement.
10. The Consultant shall comply with all applicable federal, state and local laws applicable
to its activities.
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EXHIBIT "D"
SCHEDULE OF COMPENSATION
Compensation
1. As compensation for the Consultant's services under this Agreement, the Agency
shall pay the Consultant up to a fixed base fee amount not-to-exceed $510,000 and a
not to exceed budget for expense reimbursements not to exceed $20,000 consistent
with all provisions contained herein. The base fee shall include all services of
Consultant
a. Consultant agrees that seventy percent (70%) of the not to exceed fixed base fee
amount or $357,000 shall be billed in twenty (20) equal monthly increments of
$$17,850 per month.
b. Consultant agrees that thirty percent (30%) of the not to exceed fixed base fee
amount shall only be released to Consultant upon hundred percent (100%)
completion of the library project and based on Consultant's performance of its
scope of work ("Performance Retention"). Upon a determination by City that the
library project is 100% completed, City will determine in its sole discretion what
percentage of the Performance Retention will be available for release to the
Consultant based on Consultant's performance of its scope of work as follows:
1) $153,000 or 100% of the Performance Retention shall be released and
paid to Consultant in a lump sum if Consultant's services are rated by City,
in its sole discretion, as "Excellent" or "A";
2) $122,400 or 80% of the Performance Retention shall be released and paid
to Consultant in a lump sum if Consultant's services are rated by City, in its
sole discretion, as "Good" or "B";
3) $107,100 or 70% of the Performance Retention shall be released and paid
to Consultant in a lump sum if Consultant's services are rated by City, in its
sole discretion, as "Fair/Satisfactory" or "C", and;
4) For Consultant's services rated by City, in its sole discretion, as poor or less
than "A" through "C" as identified herein, no release of any Performance
Retention or payment to Consultant by City shall be required or made by
City.
Expense Reimbursement
2. The Consultant's not-to-exceed compensation for services under this Agreement may
include direct reimbursement for certain authorized miscellaneous expenses. The
Agency shall reimburse Consultant for direct expenses such as and including postage,
reproduction services, telephone charges and Consultant travel (where authorized in
writing by Contract Officer) subject to the following restrictions:
a. Travel from Consultant's office to the library project site shall not be considered a
reimbursable expense.
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b. Itemized payment statements shall set forth in detail all actual reimbursement
expenses during the preceding month.
c. Any Expenses for air travel authorized in writing by Contract Officer shall be for
standard, economy class only;
Compensation for Additional Services
3. In the event the City requires services in addition to those described in Exhibit B, said
services must first be approved in writing by the Contract Officer. The Consultant
shall be compensated at the Consultant's standard hourly rates for professional
services as approved in writing by City, plus reimbursement of expenses or a fixed
amount agreed to in writing by the City and Consultant.
Method of Payment
4. As a condition precedent to any payment to Consultant under this Agreement,
Consultant shall submit monthly to the City a statement of account which clearly sets
forth by dates the designated items of work, as well as reimbursable expenses, for
which the billing is submitted. The payment request shall identify tasks accomplished
during the monthly billing period as required by the Agreement, an estimate of the
percentage of completion of the project, amount of actual direct reimbursable
expenses and requested amount to be billed against either the base fixed fee amount
or for authorized expense reimbursements.
Timinq of Payment
5. The City shall review Consultant's monthly statements and pay Consultant for services
rendered and costs incurred hereunder, at the rates and in the amounts provided
hereunder, on a monthly basis in accordance with the approved monthly statements.
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EXHIBIT "E"
SCHEDULE OF PERFORMANCE
1. The Schedule of Performance for completion of the Consultant's complete scope of
work under this Agreement shall be twenty (20) month from the City's issuance to
Consultant of a written notice to proceed anticipated in January 2007.
2. City shall identify a schedule of performance for specific tasks as may be assigned to
Consultant consistent with the Scope of Work.
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