03.05 Shaffer Construction Management Services Amendment *���°��°�c* �AGENDA ITEM
�: :�
�'�����4:G��4 October '� Z�la
�nrY
Reviewed/Verified
TO: Honorable Mayor and City Manager
Members of the City Council Finance Direc
To Be Presented By:Bonnie Hagan
THRU: Rick Otto
City Manager n / X Cons Calendar _ City Mgr Rpts
� r Council Reports Legal Affairs
FROM: Bonnie Hagan �J� l Boards/Cmtes Public Hrgs
Community Services Director Admin Reports Plan/Environ
1. SUBJECT
First Amendment to Agreement No. 6323 with GKK WORKS, Inc. in the amount of$87,000 for
construction management services for the Shaffer Park Renovation Project.
2. SUMMARY
This amendment provides additional ongoing construction management services for the Shaffer
Park Renovation Project, which has experienced delays beyond the original completion date. The
current projected completion date is December 2018, four months beyond the original date of
August 2018. An appropriation of park development fees is necessary to support the amendment.
3. RECOMMENDED ACTION
1. Authorize the appropriation of $87,000 from Fund 510 (Park Acquisition-Infill) unreserved
fund balance to expenditure account number 510.7022.56020.30042 (CIP — Shaffer Park
Renovation); and
2. Approve the amendment with GKK WORKS, Inc. in the amount of $87,000, and authorize
the Mayor and City Clerk to execute the Amendment on behalf of the City.
4. FISCAL IMPACT
The total expenditure for this amendment is $87,000 and will be funded in the Shaffer Park
Renovation Project (CIP No. 30042) through the Park Acquisition—Infill (Fund 510).
5. STRATEGIC PLAN GOAL(S)
3. Enhance and promote quality of life in the Community.
a. Refurbish, maintain, develop and/or expand public use places and spaces.
ITEM 3 • S 1 10/9/18
6. GENERAL PLAN IMPLEMENTATION
Natural Resources Element Goal 5.0: Provide recreational facilities and programs that
adequately serve the needs of residerits.
Policy 5.1: Maintain existing City parks at levels that provide maximum recreational benefit to
City residents.
7. DISCUSSION and BACKGROUND
In March 2016, the City Council approved an agreement with GKK Works, Inc., for construction
management services in the amount of $276,511 for the Design/Build Shaffer Park Renovation
Project. These services include overall project management and documentation, design and
permit oversight, construction oversight, labor compliance, as well as finalize punch items and
closeout the project. The original project completion date was August 2018. The project has been
delayed and the new estimated substantial completion date is December 2018.
A number of factors have influenced the timeline for this project. As such, the need for
construction management services are required beyond the original completion date. These
services are critical to proper management of the project and must continue through completion.
The proposed amendment is for $87,000 and provides for continued construction management
J from late August through December 2018. An estimated hours count is included as part of
Attachment A to the proposed amendment. The proposed new total contract amount is $363,511.
Funding
An appropriation of $87,000 from unreserved Fund 510 Park Acquisition — Infill fees is
necessary to support the amendment. This, combined with the current appropriation of
$7,091,766, will bring the new total amount appropriated to the project to$7,178,766.
As the project has extended beyond the original timeline, other additional costs are pending.
These costs include change orders for unforeseen conditions, additional concrete testing, and
furniture, fixtures, and equipment (FF&E). These items combined are currently estimated at
$150,000. Staff will return to City Council as needed for approval of additional amendments
and/or appropriations. Staff is continuing to work with the City Attorney's office to determine if
there is any liability on the contractor's part for the City's additional costs. There are sufficient
funds in the Fund 510 fund balance to cover the requested appropriation and currently estimated
pending items.
ITEM 2 10/9/18
Below is a funding summary outlining project components and funding status.
' � � ,�;PROJECT COIVIPONENT5, , °:. � ��` .- - � b � :'�� .Cit` ''s Costs�.,' � �� ��
, . _.
Construction Management—GKK Works $ 276,511
Design/Construction—Morillo Construction Inc. 6,300,000
Utilities and Testing—geotechnical, electrical support, materials and soils 251,985
testing, environmental assessment, abatement
Shade Sails—Shade Structures Inc. 160,769
Equipment — drinking fountain, waste containers, litter receptacles, delta 36,301
controls for HVAC
Sub-total � $7,025,566
ITEM FOR CONSIDERATION,OCT.9,2018
GKK Works—First Amendment for construction management 87,000
Sub-total 7,112,566
PENDING ITEMS ` � City.'s Estimated Future Costs
Furniture,Fixtures and E ui ment(FF&E) $ 50,000
Smith-Emery Laboratories—Concrete Testing 30,000
Change Orders for unforeseen conditions(known as of 9/14/18) 70,000
Sub-total 150,000
��ESTIIVIATED'PROJECT TO�'AL� "�' '�� � � '� $7�262 566'-
. �., .� , . ,..
. ;. e
� ° -� . FUNllINC�'STATLTS ` � . ", �, � .w
. ., ., .
Funds reviousl a ro riaEed,to Shaffer Park Renovation ' '
Fund 510(Park Ac uisition—Infill) $7,087,766
Fund 500—Women's Club Donation 4,000
Sub-total $7,091,766
, , .
Prd"osed funds;for allocation on Oct.9,2018 �
Fund 510(Park Ac uisition—Infill) 87,000
=ePROJECT ALLOCATION TOTAL AFTER OCT:9,�2018 ,, . �'_, ,� : `- � �• .':°�° , 7,1,78;766=
Estimated need for future allocation of endin items ' `
Fund 510(Park Ac uisition—Infill) 83,800
��TOTAL � ' `���$7°�62 566,';
8. ATTACHMENTS
• Attachment A-First Amendment to Professional Services Agreement No. 6323 .
• Attachment B -Professional Services Agreement No. 6323
ITEM 3 10/9/18
FIItST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
'This First Amendment to Frofessional Services Agreement(the"First AmendmenY')is made
and entered into as of , 2018, by and between the CTTY OF ORANGE, a
municipal corporation (the "Cit}�'), and GKK WORKS, a Califomia corporarion (herein referred to
as the "Contractor"), with its principal office for purposes of this First Amendment 2355 Main
Street, Suite 220,Irvine,Califomia 92614 and with reference to the following:
A. The City and the Contractor entered into that certain Professional Services Agreement
(Agreement No. 6323) dated as of March 15, 2016, which is incorporated herein by this reference
(the"Original Agreement"); and
B. The City and the Contractor desire to amend the Original Agreement to modify,
amend and supplement certain portions of the Original Agreement.
NOW,THEREFORE,the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. The City and Contractor agree that all references in ttus
First Amendment aze deemed and construed to refer to the Original Agreement, as implemented by
ttris First Amendment.
Section 3 Revised Scone of Services. The Scope of Services,Exhibit A to the Original
Agreement, is hereby amended, modified and supplemented to include the services described on
Exhibit A attached hereto and incorporated herein by ttus reference.
Section 4 Comnensation. The total not-to-exceed compensation (exclusive of
reimbursables) set forth in Section II of the Original Agreement for the services to be rendered
thereunder was the sum of TWO HLJNDRED SEVENTY S1X THOUSAND FIVE HUNDRED
ELEVEN DOT..LARS and 00/100 ($276,511.00). Section II of the Original Agreement is hereby
amended to provide for an increase of EIGHTY SEVEN THOUSAND DOLLARS and 00/100
($87,000.00) in the total not-to-exceed compensation such that the Contractor's total compensarion
under the Original Agreement, as amended by this First Amendment shall not exceed THREE
HUNDRED SIXTY THREE THOUSAND FIVE HUNDRED ELEVEN DOLLARS and 00/100
($363,511.00)without the prior written authorization of the City.
Section S. Inteeration. This First Amendment, the agreements specifically referred to
herein, and all attachments hereto(if any)integrate all of the terms and conditions mentioned herein,
and supersede all negotiations with respect to the subject matter hereof. This First Amendment
Attachment A-Page 1 of 5
amends, as set forth herein, the Original Agreement and, except as specifically amended hereby,the
Original Agreement shall remain in full force and effect. To the extent that there is any conflict or
inconsistency between the terms and provisions of tlus First Amendment and the terms and
provisions of the Original Agreement; the terms and provisions of this First Amendment shall
control and govem the rights and obligations of the parties.
IN WITNESS of this Agreement,the parties enter into this First Amendment on the year and
day first above written.
"CONTRACTOR" °'C�'y�°
GKK WORKS,a Califomia corporation CIT'Y OF ORANGE,a municipal corporarion
'"BY� By;
Printed Name: Teresa E. Smith,Mayor
Title:
*BY� ATTEST:
Printed Name:
Title:
Mary E.Murphy,City Clerk
APPROVED AS TO FORM:
Gary A.Sheatz
Senior Assistant City Attomey
*NOTE: If CONTRACTOR is a corpnration,the City requires the following signature(s):
— (1) the Chairman of the Board, the President or a �ce President,AND(l) the Secretary,
the Chief Financial OJjicer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate o�cer holds mare than
one corporate o�ce,p/ease so indicate OR
— The corporate officer named in a corporate resolution as authorited to enier into
this Agreement A copy of the corporate resolution, certifred by the Secretary close
in time to the execution of the Agreement,must be provided to the City.
2
Attachment A-Page 2 of 5
EXf�IT"A"
ADDITIONAL SCOPE OF SERVICES
[Behind this page.]
Attachment A-Page 3 of 5
SHAFFER PARK PROJECT
�{���������� AMENDMENT REQUEST
TITLE: AMENDMENT No. 1 DATE: 8.9.18
PROJECT;SHAFFER PARK RENOVATION PROJECT NO: 50093
AGREEMENT NO: 1
TO: Dana Robertson REFERENCE: Amend.#1
Parks and Facilities Manager
230 E. Chapman Ave
Orange, CA 92866
� • • • '
ContracE Amendment#1 -Because of unforseen delays out of the control of GKK and Moriflo Construction running
behind schedule. GKK will need additional hours to manage construction, continue fabor compliance program
(Casamar), review and negotiate CO's, finalize punch items and closeout project.Amendment#1 is a Not to Exceed
anount of$87,000, to provide construction management oversite as needed.
� - • �
Not to Exceed amount:
Gkkworks $ 87,000
SUBTOTAL DIRECT COSTS: $ 87,000
ORIGINAL NTE CONTRACT AMOUNT: $ 276,511.00
AMOUNT OF NTE AMENDMENT#1: $ 87,000.00
RE1/[SED N'fE CQ TRACT AMOUNT: � 363,591.d0
�
/By: Date: 8.9.18
Rocky Bo on
. - � .
By: Date:
Attachment A-Page 4 of 5
Shaffer Park Projections
8/15/2018
GKK
Estimated Hours
Positian Hour,lv Rate Ausust Sep.tember October Novernber December-.:
Executive $ 170.00 32 30 30 25 15
Project Manager $ 135.00 50 45 40 35 30
Professional Engineer $ 115.00 115 115 90 90 40
Postion Subtotal $ 25,415.00 $ 24,400.00 $ 20,850.00 $ 19,325.00 $ 11,200.00
Estimated Monthly Cost
D Service P�u�usf Sentemb.er October November Uecember
3 Casamar(labor compliance) $ 2,300.00 $ 2,100.00 $ 1,600.00 $ 700.00 $ 400.00
3
m
' Esti ed anth y�o I or all s '-e $ 27,715.00 $ 26,500.00 $ 22,450.00 $ 20,025.00 $ 11,600.00
D
-a
� Estimated Grand Total $ 108,290.00
o Agr.6323 balance as of 7/31/18 $ 21,617.92
-„
N Differe ce $ 86,532.00
�-G3a3
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (the "AgreemenY') is made at
Orange,California,as of��r�h ��,2016(herein referred to as the"Effective Dete")
by and among the CITY OF ORANGE,a municipal corporation("Cit�')and GKIC WORKS, a
California corporation(the"Contractor"),with its principa!office for purposes of this Agreement
at 2355 Main Street, Suite 220, in the City of Irvine, State of California, with reference to the
follawing: �
1. Services. Subject to the tecros and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of City, the services set forth in Exhibit
"A", which is attached hereto and incorporated herein by this reference. All services provided
shall conform to all federal, state and local laws, rules and reguladons and to the best
professional standazds and practices. The terms and condirions set farth in this Agreement shall
control over aay teims and conditions in Exhibit"A"to the con�uy.
2. Comoensation and Fees.
a. Contractor's total compensation for all services performed under this
Agreement, including contingencies, shall not exceed TWO HiJNDRED SEVENTY SIX
THOUSAND FIVE HUNDRED ELEVEN DOLLARS AND 00/100 ($276,511.00) without the
prior written authorization of the City.
b. The tota! compensation under the Agreement includes $251,511.00 for
construction management services performed according to the schedule outlined in Exhibit"A",
plus $25,000.00 for additional services performed at the hourly rate set forth in Exhibit "B", in '
the event that Contractor's services are required beyond the schectuled time for completion. '
c. The above compensation shall include�ll costs,including,but not limited
to, all clerical, administrarive, overhead, insurance, reproducrion, telephone, travel, auto rental,
subsistence and all related expenses.
3. Pavment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and suthorized exira work actually
performed or incurred.
b. All such invoices shall state the basis for the amoimt invoiced, including
services completed,the number of hours spent and any extra work performed.
c. City will pay Contractor the amount invoiced within thirty{30) days a$er
the approval of the invoice
Attachment B-Page 1 of 88
d. Payment shall constitute payment in full for all services, authorized costs
and suthorized extra work covered by that invoice.
4. Chanee Orders. No payment for extra services caused by a change in the scope
or complexity of work,or for any other reason,shall be made unless and until such extra services
and a prece therefor have been previously authorized in writiag and approved by the City as an
amendment to this Agreement. The amendment shall set forth the changes of work,exEension of
time for preparation and adjustment of the fee to be paid by City to Contractor.
5. Licenses. Contractor represents that it and any subcontractors it may engage
possess any and atl (icenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and subcontractors, if any,shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Indenendept Contractor. At all Hmes during the term of this Agreement,
Contractor shall be an independent contractor and not an empfoyee of City. City shall have the
right to con�ol Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement, City shall not have the right to control the means by wlvch Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall,at its sole cost and
expense, fumish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social securiry, withholding
and all other wages,salaries,benefits,taxes, exacHons,and regulations of any nahue whatsoever.
Contractor acknow�edges that Contractor and any subcontractors, agents or employees employed
by Contractor shall not, under any circumctances,be considered employees of the City, and that
they shall not be entitled to any of the benefits or rights afforded employees of the City,
including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees
Retirement System benefits, or health, life, dental,long-term disability or workers'cornpensation
insurance benefits.
7. Contractor Not Aeent. Except as City may specify in wriring, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no auchority, express or implied, to bind City to any obligation
whatsoever.
8. Desienated Persons. Only those persons designated in Exhibit "A", if any, shall
perform work provided for under this Agreement provided that it is understood by the parties that
clerical and other nonprofessional work may be performed by other employees of Contractor.
9. Assienment or Subcontractin¢. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any
force or effect unless the assignment has had the prior written approval of City. City may
2 '
Attachment B-Page 2 of 88
terminate this Agreement rather than accept any proposed assignment or sub,contracting. Such
assignment or subcontracHng may be approved by the City Manager or his designee.
10. Time of Comnletion. Contractor agrees to commence the work provided for in
this Agreement within fifteen(15)days of the date herein above stated and to diligently prosecute
completion of the work in accordance with the time period set forth in Exhibit "A" hereto or
otherwise agreed to by and between the representatives of the parties.
11. Tlme Is of the Essence. Time is of the essence ia this Agreement. Contractor
shall do all things necessary and incidental to the pmsecution of Contractor's work.
12. Reserved.
13. Delays and Extensions of Time. Contractor's sole remedy for delays oatside its
control, other than those delays that are caused by the City, shall be an extension of time. No
matter what the cause of the delay,Contractor must document any delay and request an extension
of time in writing at the time of the delay to the satisfaction of City. Any extensions granted
shall be limited to the length of the delay outside Contractor's control. If Conh�actor believes that
delays caused by the City will cause it to incur additional costs,it must specify, in writing,why
the delay has caused additional costs to be incurred and the exact aznount of such cost at the time
the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a
written amendment to this Agreement.
14. Products of Contractor. The documents, reports, data, logs, files, evaluations,
assessments, plans, designs, schematics, materials, manuals and other products produced or
provided by Contractor for this Agreement shall become the property of City upon receipt.
Contractor shall deliver all such products to City prior to payment for same. City may use,reuse
or otherwise utilize such products without restriction.
15. Equal Emnlovment Ouuortunitv, During the performance of this Agreement,
Contractor agrees as follows:
a. Contractor shall not discriminate against any e►nployee or applicant for
employment because of race,color,religion,sex, narional origin or mental or physical disability.
Contractor shall ensure tl�at applicants aze employed and that employees aze treated during
employment, without regard ta their race, color, religion, sex, national origin, or mental or
physical disability. Such actions shall include,but not be limited to the following: employment,
upgrading, demotion or transfer, recruitment or recnutment advertising, layoff or termination,
rates of pay or other fotms of compensation and selection for training, including apprenticeship.
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment,a notice setting forth provisions of this non-discrimination clause.
b. Contractor shall, in all solicitarions and advertisements for employees
placed by,or on behalf of Contractor,state that all qualified applicants will receive consideration
3
Attachment B-Page 3 of 88
for employment without regard for race, color, religion, sex, national origin, or mental or
physical disability.
c. Contractor shall cause the foregoing pazagraphs (a) and (b) to be inserted
in al] subcontracts for any work covered by this Agreement, provided that the foregoing
provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Contlicts of Interest. Contractor agrees that it shall not make,participate in the
making, or in any way attempt to use its position as a coatractor to influence any decision of City
in which Contractor knows or has reason to lmow that Contractor, its officers, pariners, or .
employees have a financia] interest as defined in Secrion 87103 of the Government Code.
Contractor further agrees that it shall not be eligible to work as the design/build fum for the
project that is the subject of this Agreement.
17. Indemni .
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold the City,its City Council and each rnember thereof,and the officers,etnployees
and representatives of the City (herein referred to collectively as the "Indemnitees") entirely
harmless from all liability arising out of:
(1) Any and all claims under worker's compensarion acts and other employee
benefit acts with respect to Contractor's employees or Contractor's contractor's
employees arising out of Contractor's work under this Agreement; and
(2) Any claim, loss,injury to or death of persons or damage to property causad
by any act,neglect, default,or omission other than a professional act or omission
of the Contractor, or person, fum or corporation employed by the Contractor,
either directly or by independent contract, including all damages due to Ioss or
theft sustained by any person, 6rm or corporation including the Indemnitees, or
any of them, arising out of, or in any way connected with the work or services
which aze the subject of this Agreement, including injury or damage either on or
off City's property; but not for any loss, injury, death or damage caused by the
active negligence or wil(ful misconduct of City. T'ha Contractor, at Contractor's
own expense, cost and risk, shall indemnify any and all claims, actions, suits or
other proceerlings that may be brought or instituted against the Indemnitees on any
such c1a00im or liability covered by this subparagraph,and shall pay or satisfy any
judgment that may be rendered against the Indemnitees, or any of them, in any
action,suit or other proceedings as a result of coverage under this subpazagraph.
b. To the fullest exkent permitted by law, Contractor agrees to indemnify and
hold Indemnitees entirely harmless from all liability arising out of any_claim, loss, injury to or
death of persons or damage to property caused by the negligent professional act or omission in
the perfonnance of professional services pursuant to this Agreement.
4
Attachment B-Page 4 of 88
c. Except for the Indemnitees,the indemnifications provided in t6is
Agreement shal]not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
18. Insurance.
a. Contractor shall carry workers compensation insurance as requued by law
for the protection of its employees during the progress of the work. Contractor understands that
it is an independent contractor and not entitled to any worker's compensation banefits under ac�y
City progam.
b. Contractor shall maintain during the life of this Agreement,
comprehensive general liability insurance or commercial general liability insurance written on an
occurrence basis providing for a combined single limit of$2 million for bodily injury,death and
property damage.
c. Contractor shall maintain during the life of this Agreement, automorive
liability insurance on a comprehensive form covering all owned, non-owned and hired
automobiles providing for a combined single limit of$1,000,000 for bodily injury, death and
property damage.
d. Each policy of general liability and automotive liability shall provide that
City, its officers,agents,and employees are declared to be additional insureds under the terms of
the policy, but only with respect to the work performed by Contractor under this Agreement, A
policy endorsement to that effect shall be provided to the City along with the certificate of
insurance, which endorsement shall be on Insurance Services Office,Inc.Form CG 20 10 10 01.
In lieu of an endorsement, the City will accept a copy of the policy(ies) which evidences that the
City is an additional insured as a contracting party. '
e. Contractor shall maintain during the life of this Agreement professional
liability insurance coverage arising out of the performance of this Agreement with a combined
sing[e limit of$5,000,000. Contractor agrees to keep such policy in force and effect for at least
five years from the date of completion of this Agreement. -
f. The insurance policies maintained by Contractor shall be primary
insurance and no insurance held or owned by City shall be called upon to cover any loss under
the policy. Contractor will determine its own needs in pracurement of insurance to cover
liabilities other than as stated above.
g. Befoce Contractor performs any work or prepares or delivers any
materials, Contractor shall furnish certificates of insurance and endorsements, as required by
City, evidencing the aforementioned general liability, automotive and professional liability
insurance coverages on forms acceptable to City, which shall provide that the insurance in force
wilt not be canceled or allowed to lapse without at least ten(]0}days prior written notice to City.
5
Attachment B-Page 5 of 88
h. Except for professional liability insurance coverage that may be required
by this Agreement,all insurance maintained by Contractor shall be issued by companies admitted
to conduct the pertinent line of insurance business in the State of California and having a rating
of Grade A or better and Class VII or better by the latest edition of Best's Key Ra.ting Guide. In
the case of professional liability insurance coverage, such coverage shal]be issued by companics
either licensed or admitted to conduct business in the State of Califomia so long as such insurer
possesses the aforementioned Best's rating.
i. Contractor shall immediately norify the City if any required insurance
lapses or is otherwise modified and cease perfonnance of this Agreement unless otherwise
directed by the City. In such a case, the City may procure insurance or self insure the risk and
chuge Conhactor for such costs and any and all damages resulting therefrom,by way of set-off
from any sums owed Contractor.
j. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide insurance, Contractor shall look solely to its insurance for
recovery. Contractor hereby grants to the City, on behalf of any insurer providing insurance to
either the Contractor or to the City with respect to the services of Contractor herein, a waiver of
any right to subrogation which any such insurer of said Contractor may acquire against the City
by virtue of the payment of any loss under such insurance. .
k. Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to the City
for review and approval. All coverages for subcontractors shall be subject to all of the
requuements stated herein.
19. Termination. The City may for any reason tetminate this Agreement by giving
the Contractor not less than five (5) days written nodce of intent to terminate. Upon receipt of
such notice, the Contractor shall immediately cease work, unless the notice from the City
provides otherwise. Upon the termination of this Agreement, the City shall pay Contractor for
services satisfactorily provided and all allowable reimbursements incurred to the date of
, termination in compliance with this Agreement,unless termination by the City shall be for cause,
in which event the City may withhold any disputed compensation. The City shall not be liable
for any claim of lost profits.
20. Mainteuance and Insnection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, dosuments,papers, accounting records, and other information(collectively, the �
"records'�pertaining to the costs of and completion of services performed under this Agreement.
The City and any of their authorizecE representatives shall have access to and the right to audit
and reproduce any of Contracto�s records regarding the services provided under this Agreement.
Contractor shall maintain all such records for a period of at least three(3)years after termination
or completion of this Agreement. Contractor agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days notice
from the City,and copies thereof shall be furnished if requested.
6
Attachment B-Page 6 of 88
21. Comoliance with all Laws/Immigration Laws.
a. Contractor shall be knowledgeable of and comply with all Local, state and
federal laws which may apply to the performance of this Agreement.
b. Contractor represents and warrants that Contractor:
(1) Has comp(ied and shall at all times during the term of this Agreement
comply, in all respects, with all invnigrarion laws, regulations, statutes, rules,
codes, and orders, including, without limitation, the Immigration Reform and
Control Act of 1986(IRCA);and
(2) Has not and will not]rnowingty employ any individuai to perform services
undet this Agreement who is ineligible to wark in the United States or under the
terms of this Agreement;and
(3) Has properly maintained, and shall at all times during the term of this
Agreement properly maintain, all reiated employment documentation records
including,without limitarion, the completion and maintenance of the Form I-9 for
each of Contractor's employees;and
(4) Has responded, and shall at all times during the term of this Agreement
respond, in a timely fashion to any govemment inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite
enforcement by the Department of Homeland Security, the Department of Labor,
or the Social Security Administration.
c. Contractor shall require all subcontractors to make the same
representations and warranties as set forth in Section b.
d. Contractor shall, upon request of the City, provide a list of all employees
working under this Agreement and shall provide, to the reasonable satisfaction of the City,
verificafion that all such employees are eligible to work in the United States. All costs associated
with such verification shall be borne by the Contractor. Once such request has been made,
Contractor may not change empioyees working under this Agreement without written notice to
the City,accompanied by the verification required herein for such employees.
e. Contractor shall reyuire all subcontractors to make the same verification as
set forth in Section d.
F. Any Contractor or subcontractor who knowingly employs an employee
providing work under this Agreement who is not authorized to work in the United States,and/or
fails to follow federal laws to determine the status of such employee shall constitute a material
breach of this Agreement and may be cause for immediate termination of this Agreement by the
City.
7
Attachment B-Page 7 of 88
g. The Contracto; agrees to indemnify and hold the City, its officials, and
employees harmless for, of and from any]oss, including but not limited to fines, penalties and
corrective measures, the City may sustain by reason of the Contrator's failure to comply with said
laws,rules and regulations in connecHon with the performance of this Agreement.
22. Attornevs' Fees. If any action at law or in equity is necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable
attorneys'fees,costs,and necessary disbursements,in addition to any other relief to which it may �
be entitled. If the City is the prevailing party and uses in-house counsel in the litigation,it shall
be enHtled to recover attorneys' fees at the hourly rate that Constractor is being charged by its
attorney or at the in-house counsel's fully burdened rate,whichever is higher.
23. Governiae Law. 'Fhis Agreement shall be construed in accordance with and
governed by the laws of tl�e State of California and Contractor agrees to submit to the jurisdiction
of Califomia courts.
24. Intearation. This Agreement constitutes the entire agreement of the parties. No
other agreement, ora] or written, pertaining to the work to be performed under this Agreement
shall be of any force or effect unless it is in writing and signed by both parties. Any work
performed which is inconsistent with or in violarion of the provisions of this Agreement shall not
be compensated.
25. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to
each party at the address listed below. Either party may change the notice address by notifying
the other party in writing. Notices may be sent by either facsimile or U.S.Mail. Notices shall be
deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail,whichever is
earlier. Norices sent by e-mail shall be deemed received on the date of the e-mail transmission.
"CONTRACTOR" "CITY"
GKK Works City of Orange
2355 Main Street,Suite 220 300 E.Chapman Avenue
Irvine,CA 92614 Orange,CA 92866-1591
Arin: Mike Helton Attn; Dana Robertson
Telephone No.949-250-1500 Telephane No. 714-744-7283
E-Mail Address:mhelton a�ekkworks.com E-Mail Address:drobettson@cityoforange.org
�Remainder of page urtenHonally left blank;signatures on nexl pageJ
8
Attachment B-Page 8 of 88
IN WITNESS WHEREOF, the parties to these presents have herevnto set their hands
the date and yeaz fust above written.
"CITX"
CITY OF ORANGE,a municipal corporarion
y: �.c� t� .
e a E.Smith
Mayor
CONTRACT AND INSURANCE
APPRO BY: ATTEST:
�
� c� ��- c ��. ��Y
Ga A Sheat ary E.M hy,City Clerk
S tor As ' ant ity AEto e
"CONTRACTOR"
GKK WORKS,a Califomia corporation
(Note: Signature of Choirman of the By:
Board,President or �ce President�s Printed Name: t"� a�•
requiredJ Title: � .v'• P.
[Note: Signatr�re of Secretary,.4ssistant By: 11 � �f'[�
Secretary, Chief Financial O�cer or Printed Name: 5/�-K W- DI�
Assistant Treasurer is also requiredJ Title; L'ff/��/�//!NL//�Of'F�G
9
Attachment B-Page 9 of 88
EXHIBTT"A"
SCOPE OF SERVICES-CONTRACTOR'S PROPOSAL
[Beneath this shee�]
Attachment B-Page 10 of 88
i�
;� REQUEST FOR PROPOSAL i
FOR CONSTRUCTION MANA�3EMENT SERVICES
CITY OF ORANGE $HAFFER PARK RENOVATION PROJECT
I. INVITAi10N
You are hereby invited to submit a Proposal for Conetrucfion Managemertt aervices
assoaated with the 8h�R�r Park Rsnovatton ProJect{"Projec�').
Proposais shell be submitbed no �tet then 2:00 pm on D�cember 3,201a addressed
to City of Orange Community Services Departrnent,230 E Chepman Av�anue, Orange,
CA 92888,et�entl�on Don Equftz, Sr. Landscape/Project Coor�dinabor.
A manda�ory job vraEk will be held at 2:00 on December 1,2016 at Shafl�er Pa►k, 1930
N Shaffer St,Orange CA 92865.
11. PROJECT DE8CRIP110N �
The Cit�r (OwneNBullder) is seeldng the servk�s of an e�erter�d oonstrucNon
� manager to fac0itabe a desipNbuAd constructlon approach �comPleSn9� ProP�
7.32 acre ShaBer Park renovakon los;ated at the oomer oF Nodh Orange Ofive Road and
( ) East Grove Avenue in Orange. The completed Paric � pl�nned b �clude but not be
Ilmtted to e renotietecl paridr�g erea, cammunity bu�ding, �oonceasion building wNh
r�atrooma, baaebell fleld. paasive adivity areas, hardscape I�ure, epat end
P� �9��8� oubdoor exe�ise areas ar�d general tendscaph�g. A dreR conoeptual
maste�plan of the renovated Shaffer Park is aftached and induded within this Request
for Proposal(RFP).
The Con�on Manaper wlll be the primary respons�ble party for completing all tasks I
detailed in each of the foAowtng pheses: . i
Phase I to Indude, but not be I1mf0ed to, fhe proparadon of a Request For Proposels �
(RFP) for de�igNbu�d construc.tian aervk;ee, participation with the Cf�'s RFP review
par�el/selection process,end eseieting Hte Cily with nego�etiona leading to tfie aelection
of a designlbuild firm for the Projecf.
Phase fl to indude construc�ion management/oversight af the Project,ta indude but na#
limited to,detaHa and speciftcatlons;cost eatlmate review end oons6uciion manegement
during d�e constructlon pf�ase of the Project. The pravision of Phase il servkes is
vorrtingent upon sucoessful exec�tion of Phase I and funding av�fability sufficient to
complete oanstrudion of the Projec�.
The Construction Menager �ha11 not be a bidder on the Project or any Project
� Component
1 •
Attachment B-Page 11 of 88
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�
III. PROJECT BUDCsET -
(�
Consfruction management and destgNbu�d canstructloNr+enovatbn services wiil be
funded 6y the Cfty of Orange uHUzing Cit�r Park Developme�Funds.Funds for the tatal
Project, indudfng conatrucHon management, dealgn, and c�onstructbn ere currentty
budge6ed at 55.4 milNcn. �
IV. 3UBAAIiTAL REQUIREMENTS CONSTRUCTION NlAl�AGEJtENT 8EitVICES
Saaled propasals must indude all of the follawing informatbn within the speafic fomEat .
outlfned below. Um(t reaponse. informetion bo relative tnformaaon only. Supplernentel
br�oc:hure kifortnation wtll not be aooepted end may �esuR in fhe di�qual'ificaHon of
submitdng flrm. .
A. COVER LETTER-LETTER OF INTERE8T'
A maximum oF ivw pages which must indude name of flrtn, addr+�s,telephone
number,fax number and name oF principal b corfDack Letter must be signed by .
a represerttative of the firm witf�authoraation�to bind the f6m by oontract
B. OROANQATION,CREDENTIAL3�BACKaROUND
Provlde e brie#history of the fimt (no more than 1 pape)ba indude: .
( ) .
i. Number of years in business performing Construdion Project
Menagement,
ii. Locatbn of offke that wiil support your PrvJec:t Team and perform the
vrork.
iii. Count and description of peraonnel reaouroes wilbin the firm,induding but
not limibed to IMwuse profeaslanal disaplines aF fhe f�rmm. �
iv. Insurenoa coversges.
C. RELEVANT EXPERIENCE W17H pESI(iN/BUILD PROJECTS
Provide liat of relevarrt experience over the last flv+e yeara of aU public works
projec�s for which your firm provided Conatruction Managemer�t Servioea tor a
desigNbuild project. Indude the following IMormaUon:
i. Project name/location
ii. Comple8on date,w cument status
til. C11ent name/oor�ted pe��scnlphone number .
iv. Deacriptton of projed
v. Clfent represet�tative and phone number
vi. Original budget and fmal cost
' .
2
Attachment B-Page 12 of 88
i
(� , D. PRWECT TEAAA
Provide a Iist oi all propoaed team membera with t�les that are e�eoted bo be
involv�ed throughout the life of the project. Provide an organfnati�onai chart of the
propoeed pro]ect sbafting. Provide resumes and related experterxe of each
memberthat will be lnvolved,spedfically address(ng experienoe with desigNbuild
projects.
Identify any propoaed subo�nsultarrts for thie prnjec�. Indude resumes and
relabed e�et9ence for esch rnember of sucb flrtns that wiil support the Project.
The CRy must approve eny proposed subconsultert�s.
E. FlRM RESOURCE8/TECHNICAL CAPABILITIES
Descr�e your firm's project mana�nent approach and flrm resou�ces or
� technicel capsbilitles wHh reya�ta the followtng ereas:
i. Firm's proJect/construction management approach
ii. E�erienoe mar�apin8 desi�nlbuild proJects
iii. Detailed oost budgets and estlmates �
iv. Construction Managemerrt e�erienoe on public worics projer�s
v. Scheduling review and varlsr�ce analysis
�: � vi. Cettlflcaftoi�s. .
F. CLIENT SATI8RACTlON l REFERENCES FOR CURttEN1' DESIGM ! BUILD
CONSTRUCTION PROJECTS �
Ltst ell designlbui�d c�rtstructton projec�(e)on wh�h you ere cumently employed
ea e Corretrucdon Mar�eger that indude new constructian work of at least
�S,OOO,d00(n soope. Llst tl�e fdlowing minlmum informetlon.
i. Client Name
ii. Add[+ess
fli. Contiad Name,Tide
iv. Tel�phone Number
v. Arohibect's Name, Contrad, Phone Number
vi. Proj�Neme
0. MISCELLANEOUS REQUIREMENTS
The Constructlon Manager's Proposal shell also indude the following;
1. A atefiemertt that thia RFP shall be incorporated in its entirety as part of the
Conatructlon Managernent Flrm's Proposai.
(
3 -
Attachment B-Page 13 of 88
I
ii. A staternent that this RFP and the Construction Nler►ag�nerrt Firm's �' �
Proposal will jointty become part af fhe Agr�eement for Pmfessbnal
Constructlon Menegement Services for ihis projecd when said Agr�eert�er�
is fu�y executed by the Construction Managemerrt Ftrm artd the City of
Orenge.
iii. A atatemerrt that the Constrttction Management.eervices to be provided
will be in accordenoe with the Cit�s RFP except as otherwise apec�Red in •
the Cortatrudton Managemertt Fam's Proposai under fhe hesding � .
'ADDITIONS OR EXCEPT[ONS TO THE CIIY'S REQUEST FOR �
PROPOS�AI..' � � � �
iv. A single and separate aec#ian with the heading 'ADDITIONS OR
EXCEPTIONS TO THE CIT1('S REQUEST FOR PROPOSAL'corrtaining �
a comptefie and detadled des�xiption af aA at the exceptione to the
prov�slot�s and oondifbne of this Reqt�est for Proposal upop which the
Conatruction ManagerneM Firm's Proposai ie cor�tinge�t and whk� aha11 �
take precedent over this RFP. :
v. A resource allocatbn matriu must bs submt�ed with the Propoaal. The
resoume albc�tlon maVuc must 6st deteiled � in rowa and the
ePWoPriate individual Qob title only) and tbe number of hours ttiat these
indtvfduafs will be w+orlting an each tastc 6stad wRl be kx�uded ln adJaoerrt
cdum�. No finandal or cost infortnation is b be induded with this Matrbc, �: .�
as�q fee intortnatian t�ba be submitt,e�sd'n a.eeoarata,t�aled envelooe. A
stabement of sub-ConauftaM's qualifketlons eppllceble to this Project
induding the r�atrba. qualiflc�ttlons and propoaed duBes of the sub-
Consultant's staif to be a$algned to ihis projes�. The Conatruction
Manager wpl not be albwed to c�ange ihe sub-Consultarrt rNitlto��t prior
writ6en permission irom ihe City-
�i. A sta�ement that all chargea for oonstnx�ian mana8ement services will be
based on a 'Not to Exceed Fee," wh�h muet indude conaervativ�ely
estimeted reirr�bursable expenses, as submitted with and made a part of -
said Constrtwfiion Manager's Proposal. Afl.fee informatfon muet be
submitbed in a sBDara� lad er►valeep_ Artii nn rafarw�v�an n,nrf�a+n H�a
orooased fees in anv olher secHon of tfie contrac�o�a or000aal.
vli. A atatement that the Conatructlon Manage�'s hourly rete schedule is part
of the Construdion Manager's Proposai for use in imtdcing for progress
payments and for exha woric incurred that is not part of.tF�is RFP.
i
4
Attachment B-Page 14 of 88
�
�
� � H. COST PROP08AL—SUBMITTE�IN A SEPARATE SEAI,ED ENVELOPE I
I
� � COIY�EN8ATION
a) The Deeign/B4�ild Project Manag�ment Firm shall provide in a separate,
sealed envelope a°F'aymer�t Sci�eduls"indicatlng the fiee for individual t�elcs
with a"Not tio Exceed Flxed Fee"which she0�be the sum of all tasks:
i. FEE FOR BA51C SERVICES
Provide a fuaed doil�r amo�art ior each phase of all Bas� Seryices as
. described in this Request fa� Propasal for Des(gn/Build ProJac;t
Management. (Exhtblt A) Provide e seperate per meetlrtg oost for City
Counal or Commissbn Meetings.
il. GENERAL CONDITIONS COSTS
'(�eneral Conditlons' costs (which �clude fi�id personnel, c�onstnx�ton
� sibe of8oes) are those generic supervisory and material costs required to
support the construdbn projec;t managemerrt opetatlons in the field.
, Cleady deacribe your, propoeed General Conditiona costs. Include �
�'� } � proposed staffing, rafias and speciftc «�sst items included or excfudad in � .
suffidefi detal!to faalitete evalusaon. .
iii. HOURLY RATES �
Provide hourly rabes for all persormel propoaed to be engaged in
Const►uctlon ManagerneM Servk�s for this proposal.
b) Teaks shail include, but not be Iimieed to, aq Professfonal Construction
Managemer�t Servkes nec�sssary to complebe the worlc covered by this
Proposal, including the warranty period.
c) Sub-c�bego�izetion of any task is pertnitted to betber define the task for
paymen�� �
d) Reimbu�sement costs such aa mileage, priMing, telephor�e, photographs,
poatage and delivery, are.to be induded in the 'Not to Exo�ed Fuoed Fee.'
. Reimbursement fee shali not exc�ed 1096. � �
I. INSURANCE
- The Conatrudion Management Flrm wlll be expected bo erder irrto an agr+aement
�
substan�ally in the form attached as Exhibit 8 and to comply with�insurance
� 5
Attachment B-Page 15 of 88
i
I
requiremer�ts and all loc;al, stete, end fiederal laws and any other requirements �� : f
set iorth in the sample agr+eement. �
J. QENERAL CONDITIONS !
The Cifj/ shall no�, in any eve�, be liable for any pre-contradual expenses
incurred by the Consfiruc�ion Manager,
Pro-contradual e�ere deftned as expenses incurred by the Construcdon � �
Manager in (1) preparing the Proposal; (2) submitttng the Propasal�o the Clty; . .
(3)preserrtatlon during selec�lon ir�anriew(ff rreo�ssa�r);(4)hegotiatlng fees and
contrect language with the City or any matter relafed to thls Pivposal;and(5)any
othar e�er�aes incumed by the Canstruction Martager prior to an executed
Agreement �
V. SELECTION CRI7ERIA AND PROCE83 �
Evafuation of flrms'proposals and aelection of firms for lnterview wlll be based upon the
fallo+n►ing crfiteria with a fiotal of 100 poirrts paesible as indiceted: .
Frm Experience with deslgn-build projects {30 poir�ts)
� Proposed staff and their experienoe with design-build Prolecta ('30 Pof►rfs)
Praposed epprQach to mar�aging RFP end deslgn-bulld process (30 nalntal
�. Toisl (10U poirda) � � .
Proposala shall 6e submitted no later than 2:00 pm on December 3, 2b16 addressed
to City of Orar�ge Communityr Services Departrnent,230 E Chapman Avenue, Orange,
GA 92868,atteMion Don Equitz,Sr. Lendscape/ProJect Coorciinator. . .
The City reserves the rtght to re�ct any artd aq proposals and any i6em or items therein,
and to waive any nonconformRy of bida with th[a RFP, whether of a technical or
substenthre naiure,as fhe interast of the�ily may require.
Once the Proposers heve been renked accondtng to the selec�on criteria,the top three
Propoaera wiA be invited for an irrtervlew. Baeed on the interview,the City will determine
the best qualified ProPose�. ette�whkh, the Coat Prop�al may be cons(dered far the
purpose of aaslatlng ihe Ctty In defiemiiNng a fair and reasonabte compensa�tion. The
�City shall sf�ernpt to � an agreement wfth the 6est qualifted Proposer at a
compensetlan which the City determines to be fair and reasonable.Should the City be
unable to nepotiate a satls�actory egreement with the Proposer oonsidered to be the
beat qualif�ed at a compensatl�on which the C(ty detertnir�es to be fetr end r+easonable,
negotletions with that Proposer shall be terminated and negotiations undertaken with
1he second best firm wfth the second best proposal. FaiqnB accard, negotia�tions shail
be�erminabed and negatiatlons undertaken with fhe third best qUa�ied Proposer.Failtng .
accord,ne9otiations shall be termina�ad.
� � .
6
Attachment B-Page 16 of 88
_ i
( Attachm�rrts:
1. Exhfbit A—Soope of ConsnucGon ManaBement Services
2. Exhibit B—Sample Agreement fo�Professional Consulf�nt Services f
(. :, .
I
� N:1Perk P/eru�ing artd Development4Pt�Ject ManagemenNSheller Renovetl�onl RFP for Shafliar Pa�lc Renovation
. � � Cons6ucElon Mensyement .
i
7
I Attachment B-Page 17 of 88
i
j
!
�
EXHIBIT A � � .,
SCO?E OF COF+i.S7'FtiiCYiOPi fi�iPFA�aEif6El�i'f�ERiiiC�3 �
'fhe following basic senrices shafl be provided by the Construcdon Manager without exoeption
or excl�lon: �
PHASE ONE: � �
The Construction Manager shall, if applicable:
a) Provide a draft initlal surnmary schedule for fhe Project, including major elements
induded(n each ph�ase; �
b} Develap a Request for Prpposals (RFP) for a designlbuik! firm to deaign and �
construct ihe Projed; .
c) Prepa�e a Bst of potentlal proposers for dreula8on of the RFP. �
d) Provide for distribution of eledronic plans and documents to all poterfial proposers; �
I
e) Assis# in the selection of a deslgNbuild flrm by participating on an evaluation
commfttee.
� Assist with conducting of a�pre-bid conferenoe to famifiar�e pa6eMia( bidders with
. fhe RFP,management techniques and any spaaal sysbems, mate�ials or methods.
g) Review and check tlie referenoes and experience of the bidders,
h) Share infoRna�on in its possession with {he City and the evaluatlon committae
regardin9 arry potentlal proposers. � -
1) In conjunction with the Cit�r,issue any addenda to the RFP.
j} Assist the Clty wifh nego�abion of cornract teRna for tha successful proposer. �
k) City Coundt meettngs as needed(n support of the selec8on of a desEgNbuild flmn.
PHASE TVYO:
� r .
� �,��t a—page 1 of 10
Attachment B-Page 18 of 88
i
�'� , A. PRE-CONSTRUCTION PHASE
1. The Construction Meneger shall caordtnate and conduct a pr+e�onatructlon
cortfeience with Des�NBuiid F�rri arrd ahall coordinate any required pre-
cot�etruction mee�ngs. The Construction Menager w111 coordinafie the time
�id d���ny�qulred pre-conatrucHon meetlng and inaert inforrria6on into
the apeciflcations. The Ciry will provide the meebing lac�tion only.
The Canstrudion Manager shall schedule and conduct pre-oaistnx�an
meettng. �
a) The Conetructlon Manag� ahail provide all inv�ations to the pre-
b, oor�ru�. The City wal provide the fer►nat for the letters.
AAenager wYl provlde the agenda and approval far the
Pre-construdion meeting and provide a oopy to the City for review.
c) The Construdlon Manager shell provide a typed c�opy of pre-oor�atrudion
� me�ing m(nutes and distr�ute a oopy to all at6endees within one w�elc of
the tneeting.
2. The Car�stnidbn Maneger shell review alI design oelated documerrts required
to 6e submitt�d by fhe Dea6gNBuad Flrm.
�'� �� 3. Tlte Cortshucdan Manager sheil 000rd(r�te responsibi�tias for safety
. . precautlons.and programa. insuranoe, lii�nses. payrdl reaords, temporary
fadGtiea. and equipmerrt, mater�la end servicea for cammon use � fhe
� DesignlBuild Firm.
4. The Construction Manager sheN ensure H�at all Condac;t Daaimer�s�pulate
that any surety issuing arry bond(s) in cannedbn wNfi �he Projed to be an
`admi�ed surety insurer" as d�flned In Code of Chrfl Procedure Sedfon
955.120 and said surety to meet the City's minimum.radng standard. The
Consbuc�ion Managershall enaure thatttte[�sigNBu�d Firm roquire all frade
oontcad documents to indude wHhin ita bid a copy of the infamiatlon naquired
pursuarrt to Code of Civ11 Procedure 995.311 for verfflcafbn af the stafus of
� . the bidders surety or sureties. At a!I tim6s that e bidder or a Trade Contrador
is to.provide a bond purauant to the Trade Contracc:t Docume�s or Trade
Contra�ts, the Corastructlon Manager shall independently take afl ac�ons
necessery pursuant to Code af Civil Procedure Sec�ion.995.311 b�veriiy the
stah�s of such surety or suretiea. � ,
5. If applk�ble, the Constructlon Managsr shall ensure fhat the Trade Contract
Doaiments require each Contracbor to c�evelop and fuly Fnplement saFety
program(a), as required by lew, induding, but not limibed to, CAL-0SHA
requirements. �
� , .
Exhibft A—page 2 of 10
Attachment B-Page 19 of 88
_ i
' B. CONSTRUCTION PHASE �- :
1. The Construdion Maneger shell provide admiNatrativve, management and
r�bed sen�Ces neoessery to ccordinate and to fadlitate the c�mpletlon af the
� !'rojed tn accardanca with the City�s obje�tives. Construcctlon Manager shall
provida suffFi�f a�an3�21�ri, �e�iofi�iel ar�d ��fl��rrr��4a c��au�4i�
requiremertts Gsbed in this ttFP. � .
2. The Constn�c�on AAanager shell regulady monitor and report on!fie status of �
the ProJed Construdion Budg� on a mo►dhly bas�, indicating actual costs . .
for oampleted activifles and work in progress, and indicating estimefsa for
uncon�pleted work. The Construcdon Manager shall lde�lty vatiances
betrveen ac�ual and budgeted or eatirrtated oosts, and shall advlse the City
and 1he DesigNBuifd Firm whenever it appears that the Adual Constructian �
Coet has exceecied, or wlll exoeed, the Project Construction Budget fior the
enti�e Projec*or arty Project Canponerrt.
3. The Construdbn Manager shall 000rdinate with the DesigNBuAd Flrm for
�stallatlon of a fulhr functionlnp Claaa'A"conahudbn tra�er at fhe sfte prbr �
to fhe beglnning of c�nstrudton,to be used by the Construdton Mar�ager,the :
Desipn BuBd Firm,and fhe Clty as needed for the duretion of the projeck The �
oost of the trailer will be bome by the DesigNBuqd Flrnt.
4. The Construdion Mar�ager Is respor�slble for ensuring that a�bullding permffs �, � .
and�apec�al permits for permanent enprovements, if required are obtained by
the DesfgNBuild Flrm. The Construc�tlon Menager ehall verlfy Uiat all
app6cable feea end aseesamerrts have been pald, end shall obtain approvals
. from suthorities having jurisdk�fon over the Project. •
5. The Ca�ucdon Mana�shall ensure tl�at the DestgtUBuild Firm post fn e
� prominent place at the site of the Projecf(°dob SiEe'�a Hst of the prevai�ng
wages in the are�for the work to be per�otrned on the Project, es required
pursuant to the Lsbor Code Sedion 1770 et seq.
a) The Cons6'ucdo� Manager shall chedc all oertifed •payrdl forms for •
conformance to the�prevai�ng wege rates on a w�eekty 6esls.
b) The Construdfon Manager shall verify that all Trade peraonnel lisfied in the
daily log are also Ifsted ln the oertiffied payroll.
c) The Conahuction Manager shall conduct weekty emptoyee interviews,one
tar esch trade, and submtt ve�lficatlon wlth the monihly p�ogress
PaY��•
d} The Construc�ion Manager shall verify that all Trade Cwitrac�s have a valid .
City Business Liaense. •
6. The Coostn�tion Manager shall obtain certiticates of insurance,perFormancs
bor�s and payment bonds from the design/build firm and shal( forward (. �
Exhlblt A—page 3 of 10
Attachment B-Page 20 of 88
{'� . originets of such documents bo the City Clerk's Oifloe. The Cor�atructlon
Manage� shall fiorweM fio the City Clerk's Offlce all original Preliminary
Nohcea,St�op Notk�s and r+eneuvals of tnaurance c�rBficates.
7. The ConatrucHon Managar shaN obtain from the Desi�nlBuikJ Flnn, and
revi�w�r a�mmpl�t��ess and quat�titty, �alf requi� ahcip de�i�s� produe4
data, samples and other submittals (`Submitteis�. If applkabte, the
Construd'an Manager shall ensure thet the Subrnittals are conststent with the
7rade Contreds end hformatbn c�ined in rsleted documer�, and shall
� transmit the Submittals to Cily stafiing fcr revfew and approval. In l .
collebora�on with the DealpnlBulld Firm, fhe ConstrucUon Manager shaA
eatabllsh and Implemer� prooedures for expediting the procxssing and
approvai of Submi�als.
e. The Cor�lructlon Manager sha�:
a) Require fhat the DesigNBuild Flrm ensure that each Cor�trec�or provide
unilten certiflca�on fhat required aa�etY Pr'o9�(s) are In plaoe and
effec:#iMe prior to initlating worlc on the Projec�and obfain e writ6en copy of
� their safety Pro9rsms for fhe 1�8.
b) Require that �ch Corttrac.�bor c;onfirm, In writing, as a conaiUon of
submitting ite monthly paymeiit req�s), that it has c�rttinuously
�. ,� adm�later�d and entbroed ita publ�hed safetY pr'c9ram throughout the
.... pr+eceding month,including inordhly safety rr�etings.
The Construdian Menager shall schedul�w�eeldy construdlor�meetings,and
Pro9ress meetings to discuss mat�a►s rolevant to the constn�cBon of the
Projed, such ea procedures, Pmgrese pnoblema and ecftedufing. The
Construdion Manager shall pr+epere and promptly disUibute ot�dei minutes of .
auch meeNnga no lafier than the seven(�days af�the meeiing time. �
� 9. 1'he Conshucdon Manager ahall review the Project Cor�trudton Sd�edule(s)
prepared by the Design/Build Firm annoteting variance snd reasorta for such.
10.The Construdion Manager shal endeavor to obtaln seUafactory performance
from the Design BuNd Firm. The Construc�ion Manager shall reoommend
couraes of acdon to the Cit�r when requtremerrts af the DeslgNBuiid Firm are
not befng fulfiiled and the non-pertortning party wiB not fake satfl�factory
corredh►e action required by the Consfnx�ion Manager or the Cityr. ,
11.The Construction Manager shall inoorp�rab9 approved chan8es to the Projed
Conshvucfi,tion Plans as they occur, pursuar�t to Change O�ers, Requeat for
Ir�formation or ather means that modify or alDer the contract plans preRared by
the DesigNBuild Firm, and shall develop cash-flaw repata and forecasts as
� needed.
,
i
iExh�it A—pape 4 of 10
Attachment B-Page 21 of 88
i
12.The Construdion Manager shall, subject to City approval, develop a �� ��
atandardfzed system for processing,tradcing and timely submitfal to the City
of aH Change Or�ders. The Construcaon Menager shall:
a) Recammend necesssry or deslrable changes in the Project to the
Desigril�uild Firm and fhe City;
b) Review rsyuests for Change ONers;
c) Negatlate proposals by any Contrecbor iw a Change Order;
d) Submit recommendetions fio the Architect end the C(ty; .
e) Prepare and sign Change Or�der requests as a prerequisite to Des(gn/Build .
Flrm and C(ty approval. �
� 13.The Construdion Manager, shall promptly,upon receipt,review and approve
sll Irndc�s submittsd by the DesignlBuild Fhm. WIEhh fhre (� deys of �
submittaf by the UeslgNBuild Firm, the Conshuctlon Manager shaA send
approv�ed irnoioea to the City for psyment and shaN notify the City of any
questlonabie fivo[oes or portlons thereof. The CitY rt�aY request that the
Conatructi�ort Maneger di�ec#the Conhacbor to ptovide additl�onel fnformatbn
or doc�rnenbatbn to verify and approve the paym�r�requeat, Upon receipt
a€ any C(ty request far addftbna[ informat(on or documentation, the
Ca�strudion Manager shall p�nptly no8fy the Contracto� so that the
Contr�actor can provide such infamation ordociun�on to fhe Canstruc�on
Manager� which shell then forwar�d guch in[ormati�on to the Cily. The
Construction Manager shall aerve aa the oanduit for any requast by the City �,.._�
to o6tain oertified payrolt i�ortr�atbn from 1he DesigNBu�d Frm as authodzed
pursuant bo Sectlon 1776 of tl�e Labor Code or other provlslons of lew. Tha
Constructlon Manager shall follow City standar�ds and procedur�ea for the �
review and prooessing af applicatlons by arnr Contrac6or for progress and flnal
PaYments. The conshucHon Mansger shall supply the following documerds
with the payment requ�s� �
A PnoJec:t expenditure report.
a) A signed letter stating all certifled payrol� have been checked for • �
compli�oe to fhe prevaiin9 wa9e re4uiremerrt.
b) If appliceble, a signed le[ter stafing ell Cantractors have a valid City
Business Lk.ense w+th their business license number noteci.
14.tf appliceble, the Constructlon Manager shall mairrtein cost ac�ountlng
reconds on authorized wodc petformed under unit coets, additional work
pertocmed on the basts of actual oosts of�bor and materials, o�ofher work
requirine acooun�ng records.
15.The Cor�struc�ion Manager shall assist the Cityr,if applicable,in seleding and
retaining the professlonal servlces of sunreyors, speaal consultants and
testing �boratoriss, end shall coordinate their servioes. The Conetrudion ( �
Exhibit A--page 5 af 10
Attachment B-Page 22 of 88
I
�
Manager shall overaee, coordinate, and appr+ove al) teat�8 requfred by all
; ��. perties with authorify ov�er the Project. Tlie Construdion Manager shell
� ensure that alFoompfeted'mapection reports shall be provided to the City apon
rec�ipt
� e) The Consfrudion Managerw�l prepere f�e RFP. The City uvill provide the
general fom�af of 4he FtFF'. .
b) The Gty.tesk force wNl review and commerrt on the RFP.
c} The Construcdon Manager wip be required to ma'mtain a consultant log for
all RFP. �
d) Make pYns and specification eledrorttcally available to all requestera of .
the RFP. .
e) Coordinate wRh all plan room,and technical publication to advertisse the
RFP. . .
fl The Conetruction Mana�ger will issue all addendums elec�onicaliy aral
canftrm reaeiPt bY�Proposer af record.
g) A Ci�r board wil revlew the RFPs and the Constnicdon Manager will be
one member of the board.
h) The Conshucdon Manager wi� provide a:flnal reting summary of Ihe
board's reoommendatlons. � .
i) The Conefr�ctbn Manager will oomptetie ttie coMract agreement in the
City format for reVlew and approval. .
j) The Construc�iai ManAgec wilf review the insurence oertific�tea to verify
�'� �, cixnpltarroe with the CiEy's inaurenoe standarcls.
� ' I�) 71te ConsNuc�ion AAanager will compfete the purchase requisMlon with ali
required attac�nerrts for City review and approvaf.
� The Construc8on Ikanaper will issue.the Notice to Proceed. aRer the
purc��ase order has been isaued. •
18.The Coristruc�ion Maneger shall:
a) Observe the mateerfals and equ�ment be(ng incorporated irrto the wock;
b) Guard against defects and deficiendes in the urork on the Project.
When applicable,the Construcdon Manager shat make recommendattons to
the Design/Bulld Firm re8erding special inspection or testing of work that may
� not be �nstnic�ed In acoordenoe w(th the Trade CoMracts, regardless of
whether such wnrk is at that time fabricated, installed or completied. The_
Construc�on Manager sheil immediately inform the DesignlBuiid Flrm, the
City and fhe Inspedor of Record of any work th�t Conatruc�ion Maneger
believ�es may not oonform t�the requirements oF the Trade Conhsc�s. The
ConetrucHon Mansger shall,in conj�clbn with the DesigNBuild Firm,rev[ew
the Contractors reoorrrnenda�ons for correcdve actlon with respect to such
non-coniorming work.
� ,
F�ch�if A—page 6 of 10
Attachment B-Page 23 of 88
I
� �
' �
17.The Construction Manager shall not be respot�sible for the construction
� means, methods, technlques, sequenc�es or procedures employsd by a (- ';
ContracEor in the perfortnance of(ts cmntract with the City. This shall not be
construed to relleve the Constn�ction Manager of any obligadans to
coardir�te any such Contracbors woric with the work of aY other Contrador(s)
woridng on ihe Projecf. The Conshuc�ion Manager also shell not be
respons�bte for the failure of any Contracbr to carty aut its wak in acxor�danoe �
with the Trade Conuac�s. The Constructlon Manager ahall be responsible,
however,for any reports,advlce or infonna8on provided to the CRyr regardin� �
or related to the Project The Construdion Menager shall sMdly enforoe the .
� provieione of the Trade Co�tracts and shall employ its beat efforts In en .
atfiempt to ettaure setisfactory and timely performanoe by the Contractor.
18.The C.onatrt�lon Manager shall consuftwith the De�lgNBuiid Firm and the .
�iiY ff������e4�j��ne of the meaning and inD�tt of the
Trade Co�trads,and shall assist in�the�esolutian af quesiions that may ertse.
� 19.The Construcbon Man�ger shell record the progress of the ProJect,snd ahail, �
on a mont�ly basls, submit writben progreas repor�a bo the City and the
DesignlBuNd Firm("Morrthly Prog�+e�s RepocY). The Monthfy Progresa Report
shall indude information.regerdir�t#�e Project as a whole and regatd�ng eat�t
Project Companent or Conlrac6or. The Monthty Propre.ss Report shall
indk;abe peroer�gea of completion and the type,number snd amount of each
Pronosed enNor ewecuted Cher�e Otders, el�g wilh the efPect, as of the
dabe of tfte repott,of such Change Ooders on tlte Project Construdion Budget �. )
for the Project end/or Projecf Components. The Conshuctiop Mat�ager shall
rr�ntain a da�y fog coidainir�g a record of weaiher oonditions, each
Contractor on the job, work perfanned on the af6s, number of wortcere,
problems enoountered, and other reievant data as is iypic,a�r recorded or ae
the City may require('Daily Log"). The Conatruction Menager sf�afl make the
DaI(y Log availabte to the City and the DesigNBuild Firm et all reasotmble
times.
20.The Construc�lon Manager shell mairrtein a reaord oopy at the job site of the .
following when applk�able: _
e) Cument Trade Contrads,along with relefed eddenda,Change Orciers and
� other modlflc;ations, all in good order and marked to record all changes .
made during construc�on; .
b) Shop drawinga; .
c) Product data;
c� SubmiUats;. �
e) Materials snd other samples;
fl Materials irnoices and inverrtories; �
g) Equfpment fnvoices and Invenbries;
h) Other purchase invokes and inventories;
� ,
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Exhibit A—page 7 of 10 ,
Attachment B-Page 24 of 88
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{. , : �� ������: .
�
D Mahter�nce and oper�ating manuals and InstrucNons;
k) Contrador's delly reports; �
�) Canesportdence and other related documenfs and revisions that erise out
aF the Trade�Contrads or c�nstruchon work an the Projec�
m) Cei�ied p""ayrofl r�eoorde af all trsides on the pro}ect.
n) Aocidsnt reports. ,
21.The Canstructlon Mler�ager sha8 mainteln elecfronic records of the following:
a) Prirx�pal buMding layout I(nes; '
b) Elei►aBons of the bottom of footings;
c) Floor lev�el9 and key eite elevadons oer�f'ied by e quali�ed surveyor or
profesaionel engineer,
d) Phatographs and dimensioned as-built locetbns and depths o# all
underground u6litii�.
Constriw�on Manager ehall ensure that all such recards are aveileble to the
Gty and appliceble etrtitles et ali re�onable tk�. Upon oompleHon of ihe
F'roject,the Constructlon Mard�er sh�ensura thet the DesigNBuild Fi�m wi(I
have aooess to all doa�ments so that they may complete fhe recond ae-bu�t
drawings. . �
<<. � 22.The Ca�structiotti Manager� if applic�ble, ahal errenge for delivery and
sborage� Pnotec�lon artd security for materie�, systems and equipment
� purd�aeed directlyr by the City thet are to be aicorporaGed into the Projec�. The
Corretruc�ion ManaBer sheq oontinue to provid�auch ata�a�ge�Pro#edion and
security,at the Cit�s ex�nse if addidonal fadlides ar personnel are requlred,
undl euch time as the ma6eriata, aystema or equipment are inoorporated ir�o
the Projec�. The Eonstruc�on Maneger may albcate such scdvltles to the
DeslgNBu�d Fitm thet �S respona�e for fhe installeHon of�such mete�ials,
systems,and equipment 7he Ca�atrudton Mar�ager si�all reoeive at the Jab
Slte,the delhrery of all City fumtehed equ�t and supplies that are part of
the Project. TFte Construc�lOn Manager shaN inspac;t all deliveries for
damages or error�; and shaA coordinate with all vendois and/or suppllera as
neoessary to correct sud� demages or errora. The Conshuction Manager
shail corttad the Cily immediabaly wtth resped b any equipmer�t or at�plies
received or aocepbed thaf ere determined to be darnaged or to have been
rec:eived or axep6ed in error. "
23.The ConstrucGon Manager, (n conjunction wit�the DesbNBuNd Firm end the '
City, shall follow along wRh and observ�e the ck�edc-out by the CoMracbor of
utaities,ope�a�anal systems and equipment for t�eadiness,and shell assist In
tl�e initial atart-up and testing of such uNlitles,systerns and equipmer�t.
i ,
Exhibit A—page 8 of 10
Attachment B-Page 25 of 88
1
24.At such time as the Constructlon MenaAer conslders the Project or a
deslgnated Project Componerrt substantially oomplete, #re Cor�atnidion � j
Maneger shall prepare and provlde to fhe City and Design/Build Firm s
summary of the status ot the wo�c oompleted. The Corretr�x�ion Manager
shelf assist the DeaignlBuAd Firm in pr�eparing a Itst of incomplete or
u���y it�e a�d a$s�essfule f�their c�am�tl�('punch li�#"). If�rry
oertiticates of substar�iel comptedon were prevlously lesued,the Constnx:Uon
Manager shall assist the DesigniBui� FIRn in listing arry changea in the
prevlously issued c:ertiNcatas snd in recommending end apadfying e achedule �
for uncompleted iEems Iisbed on the carHflcate ot substentlal completion of,the
wo�C. The Constn�dbn Manager shall assist the D�NBuild Firtn in �
. conducbin8 any ir�spec�ons af the work on the Project,In deEerminin8 whett�
the Project or a designabed Project Component Ea substartBaAy c�mplebe and
in flnellizing the punch lists. Upon certifk:ation bythe DesigNBuild Frrn oFthe '
dabe of s�Mial cample�on of the Pro)ec;t�the Construc5on Me�a�er shall
caordi�be the oompletbn of any remeining work on the ProJed and oorrectlon
or comple�on of arry punch list items. ,
25.If the C�.y eleds to accupy the Prnjed w any portton of fhe Pr�ect prior to
. recording of a Certl�cete af Completlon, the DesigNBuild Firm and the
Cons6rticlion Manager wiR�ply to the Depardnent of Buiding and Safety ior
a Temparery Csrtiflcate af Occupancy efter approval af ell li6e safety lesues.
The Cons6ruc�lon Menager shall, upon auch iseuarwe, evaluste the �.�
completion of the rnrork af the DeaignBuild Firm and make reoommendati�ons ( 1
. tothe Citywhen v�rork is readyiorfl�ml inapectton. The Constructlon Manager �
shall assist the DesigNBuld Flrm and City in oonduding the flnel
inspecaon(s), and ef�sll secure and tranemit b the Dee;grtlBulld Flrtn, far
approval end transmittal to the City,required guerer�tees,eHidavits, re{easea,
bor�ds and +e►alvere. The Consdudion Manager ehall also deliver all keys,
menuals, reoord drewings and meintenarx;e stoc�cs bo the Cityr, The
Construa�on Manager must also comptete the fdlowing taeks.
a) Resohre and fhel out ell Contractor and oonsultant daims, invoices and
. purt�e orders;
b) Obtain affidavit of payment from ell Trade Contrac�ors;
c) Obtain Unoond�lonaf Waiver and Rel�se Upon Progreas Payment from
each Trade CoMiacbr,
d) Conditione!waiver and Release Upon F�al Payrnsr�
e) Obtain lien watvers frarn et�suppllers;
fl Praceas lien bonds If requ'rted.
C. WARRANTY PHASE
. At such�me as when the Cer�fCate af Oxupancy is fasued and all comedive
items of worlc (punch list) are completed and aac�epted by the Dealgn/Bulld j ;
ExhEbit A—page 9 of 10
Attachment B-Page 26 of 88
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• i
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t� , Ftrm/C(ty and the Cit�r Council bas aooepted tC�e�Prolect, the ane-year wartenty
period ts deemed b begin. The City wpl no�fy the Construdion Manager of any
warrenty request and�the Construc�ion Manager sh�il asskt the City witl� all
warranty issues inr the dura�on of the one-year period.�Such asaistance shall
indude ar�d not be Hmifed to the folbwing:
' 1. Contacti�g the DesignlBuild Firm about the wartanty request on the date the
City t�equeafed warrarriy worlt. • .
2. Sdiedule the approximafe tfine and date of the warraMy�epair.
3. Be pr�esent dt�ring the�me tl�e repair work is�being perfom�ed unlesa waived .
by the C�due ta ihe type of�peir.
4. Notify ths City wt�en the rBpair work is completed,inspecfed and accep6ed by
the Construclion Ma�ger. �
5. Prov(de wrhten notfication to the DesigNBultd Firm�said Flrm feils bo honor
the wartanty req�est .
6. If the DesignlBuild Firm 1s in detault the Constructlon Menager wip cansult .
v�lh fhe City piior to cantadirty the appropriafia banding company to pelforrri
the requ'med work and provide the bondin9 �'�p�Y anY �I��
doannerttatlon to aupport defeu�.
7. Site rrisits as reques6ed by the City to look at defects or imperFecfion to
deterrriine rf It is a warranly issue.
e. Notlfy and follo�wp on ail menufacturer's warrarNles during the one-year
{� ��� wamaMY Period.
_. 9. Sd�edule the replaoerr�t of defec�ive products.
� .
� �
Exhibit A—page 10 of 10
Attachment B-Page 27 of 88
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: ' Exhibit B . ' - �.� � f
SA#IPLE CONSULTANT SERVlCE3 AOREEAAENT � i
I
THIS CONSULTANT 8ERVIC�S AGIt��AA��!'i' (!he "e4�reert�ent'} � rne� at �
. Orenge, Callfonila,on lhis day of_ .201_(herem referred tn es the , �
'EffecHve Date�8y and betw�een the CITY OF ORANGE,a municipal corporaaon("City`),
" and ,a�Cslifomia cwrporation,(°ConsulteM��wiw agree as fo�Ows: �
1. Ssrvic:es. SubJed to fhe terms and condWans set forth in this Agreement, i .
Consuitar�sF�all provlde to tl�e reasonable satiisfaction of the City fhe acope of eervices
which are set forth In Exh�bit A`,which fs attached hereto and incorporabed henein by fhis �
referenoe. As a ma6erf�l induoernerrt to the Cily to enter into fhis Apraernetrt,Consultent � -
represents and wamarrts thet it has U�oroughly investlgeted end c�or�dered tl�e scope of
services and fuNy understends the d'rf�iCulBes and reatric�ions in perform3ng the wwk
Consultarrt repreeente thst ft is experienced in performing the work and will toflow the
professlorial stenderds cor�siatent wiTh nom�ai induahy efandarda in performence of tfie
w�a1c. All servloes provided ahall oon�orm to appqcablefederal,state and local laws,ru�es
and regulations that are in foroe ax the t�te eervioes are petfinm�ed and to the profesaiar�a!
stendards and prac�kea oonsisterrt with normel indushy etanderds. The bsm�s and
condi'Ei�ona set fiorth in thfs Agreement shall cor�tral over any fiertns and 000didons in
E�fi�it A to the crontrary. .
. {, y fi
� Unless and u�rtil othe�wise notifled in writing by the Cit�s Diredor of Communityr
Services, the Cil�s Park arM Facilities Manager,
(her�in referred to es the `City's Projed Manage�, shaN be the person �o whom 1he �
Co�ultant wi0 report for the per6ormanoe of servioes hereunder. {t is understood ihat
Consuftsnt's perfomianoe herew�der shall be under the diredian and supervision of tfie
City's Project Maneger (or his designee), that Consul�t shall coordiria6e ita servioes �
hereunder wfth the Cityra Projed Manager ta the exbent required by the Cityra Project �
Manager,and tl�at ell pertortnenoes requtrsd her8under by ConsuNant shell be pertom�ed f
to the satlsfac�ion of the Cityrs ProJed Menager and the City's DirecGor of Community I
Services. . '
2. Comoenaatlon and Fees. '
a. Fees for aA servioes provided hereunder shall be charged at the
hou�tyr rates�s�forth in��he�sbo. ConsulfenYs total oompensatlon(indusive af
reimbursables) for all services pe�Fom�ed under this Agr+eemertt, shaq not exoeed
� Dallars(S�without the prtor written authorizatlon of the City.
b. The above fee ahail indude all oosts,induding, but not lim'ited to,all
cierical, admin'�strabve,overttead, insurance, reproduction,belephone,t�vel,auto rerttal,
subsisbence and all telatsd expenses.
� � .
Exhibit B—page 1 of 12 .
. �
Attachment B-Page 28 of 88
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�,..., 3. Pavrnant.
�. As sc�eduled saroices are c�mpleted�Coneuttar�ehall submftto Cfty
an irnave for tha �ervices c�pteted, auU�orized expenses and authorized extra worlc
adually perfarmed or tncurred. . �
b. Each suc� invoice ahaB stete the basls for�the amount Invoiced, . )
induding servfcea complebed,the n�rnber of hours sper�and arry extra work peifortned.
f
' c. Cit�r will pay Consuttant the amount invoiced within 35 days afEer the .
approval of the Irnofce.
d. Payrrrent shall oonstituEe payment Irt full for el{servioes, authormed
costa erxl auU�orized extra worlc covered by that invoice. PeymeM sd�edules ahail not
ePPly to the paymerrt of ilvok�s which are reasonably in dlspu0s.
4. Ch�n�Or�de�. No paymerrt for extra servioes caueed by a change in the
scope or cornplex�y of work,or for arry ott�reason,ef�all be made unless and ur�til eiich
e�dre servlcea end a prioe tlte�efor have bsen prevbusly autfiorized in wriHng end
�PProv�ed by the City aa an ameodme�fio ihls Ag�eeme�t The eme�dment shall set
fath the changea of w�ork,extension of tirne for prepare6ion end edjt�shnent of tfie fee to
be pabd by City to Consulfant.
( ) 6. Lk�naes. Cor�uHerrt represe�rts that it end any suboa�tradors it tnay
engage, possess arry end all Ifoenses whfch are requtrecl under stata or federal law to
petform the wrork oordempbited by this Agreement and thet Consulterrt and
subc�naultants ahal melnteln all appropriate Ilcensea, Includlr� a Clhr af Orenge
business license,at)ts coat,during the performance oF this AAr�t.
6. Indeoendent Gontrac�. At all times durh�g the te[m of fhis Apresrr�ent,
Consultant shall be an Indepertdent contracbor and not an empfoyee of City. City ahall
hav�e the rt�ht to control'Conaultarrt only irisofar as the result of Consult�r�'s setvloes
rendered pursuaM b thls Agreeme�t Gty ahaH not have the r�ht to ccntrol the means
by whlch Conaultant accompllahes servlc;es rendered pursuant to thls AAreerr�e�t
Consultant shall, at its sole cwst and expense, fumish el fac�. materiala and
equiPment whEch may be requlr+ed for fumishing servlces pursuant to this Aareement.
Consultent shaR be sotely responslble finr, and ahalf Indemnify, defend and seve City
harmless from all matters relaating b the payment of ita subcontrectors, agents and
e+nPloyees. inclttding compliance with sodal security, wit�holding and ell other wages�
salarles,beneflta,ta�aes,exactbns,ar�d regulatbns of eny nature�oever. ConsuNant
acknowledges�that Conaultant and any subcoMractors, egeMs or employees employed
by Consultaiat aha0 not, under any aroumstances, be oonslde�ed employ�ees of the City,
and that U�ey shall not be erditled to arry of the benefits or rigMs aifoMed employees of
the Cily, including, but not Ilmited fip, sidc.leave. vacation leav�e, hdidaY pay, Public
Employees Reti�err�ent Sysbem benefits, or heafth, life, der�tal, bng-t�erm dtsabllityr or
� workers'compensation insuranoe benefib.
- � Exh�it B—page 2 of 12 �
Attachment B-Page 29 of 88
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7. Consultant Not Aaa�rt. Except as City may specifjr in wridng, ConsuRartt - � ' I
shall have no auihority, e�rese or knplied, to ad on behelF of Cily In arry cepac�ty �
whataoever as an egent. Consukant shalf have no authority, express or knplbd,to bind
City to any obGgaHon whatsoever.
B. Dasianatad Persons. With resped fio the perfomianoe of all vwork end
services to be perfQrmed under this AAreetrient, fhe Cily designates
Conaultant, to be respons�le for ttie performanoe of servk;es hereunder. -
shell personaHyr hendle aA slgniflcaM mstte�s end ahall supervise any �
services perFoimed by other members or employees oF Consult�nra flrm. ConsuitaM " -
shall make available other quslifled personnel of the firm es may be required by the Ciiy's
Projecc:t Manager to campletie Consultent's servioes. The City's Projed AAaneger sheA be �
the person to whom will report for fhe perFormanoe of servioea
hereunder. The City's Projed Manager F�as the right to approwe or disapprove any '
prvposed cf�anges In Consultent's pr�menager or Conauitsr�Y's steff providing aervice
to the Cihr. •
8. Ibstanmant or Subcontnctlroa. IVo'asaignment or suboontraading by
Consuitant of any part af tfila AgreemeM or of furxie to be rsosived under tttds Agreement
ahell be o#arry fonce or effect unless the assignment has had the prbr vnitten approval of �
City.City may terminate thle Aereernerrt rether than acoept arry propo�ed aseignment or �
subcontracdng. Such aaaignment or auboonh�ading may be approved by the City
Manager or hia designee. ( 1
10. . Timo of Com�tion. Conat�tattt agraes to comtr�ence the work provided
for in fhie Agraement fdlowirtg the Effec�ve Datis of this Agreeme�rt and to diligently f
prosecube oompfetion af the work tn accordence with the schedule altached hereta es �
perrrt of�,hibit A,wh�h may be modi8ed from�rne to thne by tbe parties. (
11. 'flms b of the �s�encs. Time is of the eseenoe In this ,qgreement
Consuit�M ahall do all thfigs necessary and incideMaf to the prosecution of Consultant's �
work. �
12. g�oducfs of Coruuld4nt The documerrts, study materiats, manuels and
other products praduoad or provided by Consultar�t for this Agreeme�ahall become the
pcoperty of C9ty upon �cetpt Consultant shall deliver all auch producte to City upon
payment for same. City may use, reuse or otherwise ut�ize aucfi products wittwut
restridion.
13. Eaual Emolovmant Oo�orbunitv. During the performanoe of this
Agreement, Consui6ant aBrees a.s fiolla�ws:
a. Consuitant ehaU nat disaiminate against any employee or appiicent
for empbyment because af reoe,cotor,reltgion,sex,r�atlanal origfn or mental ar physlcal
disabll3ty. Consuttant shall ensure that applicants a�s employed and that employees are �
Exhibit B—page 3 of 12
Attachment B-Page 30 of 88
,
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�� � treated during empbyment, without �gard to thetr �ace, color, religton, sex, national I
' origin, or mental or phyafcal dieablity. Such adions shall indude, but not be UmiEed b I
the fallowing: empbyment, upgradin8, dert�oBon or transfer, recruitment or r�ecruffment
advertlain9� layoff or bertnination, ratea of pay or other tomts of carttpensation and �
setedion far tra's�ing� induding apprerrtioes�p. Consufteht agrees to post in canspicuous
pta�za, ai►ailabie to �� arrd �ppl'�erPs far employrtten4, a no4ke sefting forhh .
provislorts of th�non-disrxim�atlan dause.
. 6. , Consuitant� ahall. in ell aolk�taHons and advertlsementa for '
e+nPloyees plaoed bY� or on behalf of Consultant, state that all qualifled applicerrts w3A .
receive cwnsideratlon for empbyment without r+egard for race,color,religion,aex,nattonal .
arigin,or mer�l or physic;al disab�lity.
c. Consuitent sha8 cause the fora9a�9 P8�9�ePhs (a) and @)to be
insertisd In all subc;ontr�acts for arry worlc c:ov�ered by lhis�reemsnt, provtded that ihe
forogotng Provisbns aha11 not apply to subcontracfs for standard cortimerdal aupp6ea or
raw materials.
14. Conf�c�of fMerost Cansulfar�t agrees that it shall not make,perGc�pate
in the maki�,or in atry way at6ernpt to uee iCs positton as a oonsultant to influe�oe any
decEaion of CRyr in whk,h Coneuitent knowa or hes resson to Imo�w that Con�uf6ant, its
� officers, pa�nera, or employ�aes have a finar�ial interest as deRned in Sectlort 8T103 of
- the Go�emment Cade. �
�_.r .
15. Indemnitv.
a. To the tullest e�ent pertnitb�ed by law, ConsuHent agrees to
indemnity, defend end hold the CiEy, its City Courx�l and each member thereof, and the
aifiJoers,emplaye.{e�s en`d_rept�eserrtativw�e's a�f{,t�he Ciyty�(her�ein refetred to coNedivey as the
r�11Y�n�'V114�Ilo���W��I�N��Ilal��� -
(1) Anyr and all daims under worke�s oompensation ads and other
�PbY� benaHt ada wittt respect to ConsultsnYa empbyees or
Conaultant's contractnr's employees arising out af Consultant's work under
thts Agreeirien�and
(2) AnY daim, losa, injury to or death�ofi pereons or dama9e b properlY
arising out of, pertsining fio, or rel�ng to the negli�ence, reddessness, or
wiAful rhisoonduc;t o#tlie Conguitartt,orperaon,firm or corPa'atia�e�layed
k by the ConsulEant, either directly or by independent oontrad, inc�uding aA
damages due bo losa or theft sustained by arry person,firm or corp�xetion
'• induding the Indemnitie�,or arry af tltem,a�ising out ot tha w�ork or servic�s i
� which are the subjed of th�r4greernerrt, induding injury or demege either '
on or off CityPs properiy;but not for any loss,injury,death or damage caused �
by the active negli�gence or wilffu[miscondud af City. The Consult�rd, at 4
l , ° ConsukartYs own expense,oost and risk,ahet!(ndemnif�l any and ail deims, � ;
. !
Exhibit B—page 4 of 12 �
.. . ;
Attachment B-Page 31 of 88 '
1
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actions,8uits or other proceedin�that may be brought or institubed ageinst �
the indemn'dies on any euch daim or fiabilit�r cove�d by this subperagreph, � ' i
and shall pay or sstlsfy any judgmerrt that may be rendered against the �
IndemniHes, or any of fhem, m any action, sutt cr other proceedings es s
result a#aoverage under thia subparagraph. .
b. To the fullest extent peRnitbsd by law,Consultent agreas to indemnify
arxl twtd Indemnitles��rely harmless from ell tiabiGty arlsEng out of any dalm,bss,injury
to or deatli af persot�s or damage to PropertY caused by tlie neBNgent professional ect or, .
omisston in the perfarmance of profiess�anal servioes pu►suant ta this Agreernent .
c. Except for the Indemnihes, the indemnif�iona provided in thls
Agr�eement shall not be const►ued to extend arry third party tndemnfflc�8on rights of any
kind to any pereon or entiity which is not a signatory to this Agroemerrt. �
16. Imurance.
a. Consultant shall carry workera compensatbn insurance as required
by law for the pra�ection of ks empbyees during the propress of the work Cansultent �
understands that it is an independstrt contractor end not enti�ded to any werker's
compet�ation beneftts under erry City prngram. �
b. Cor�sult�nt shall mair�in during the life of this �reement,
comprehenshre genera{liability inaurenoe or oommendal genere!liabiOty insurance wri�en ( 1
on an ocarnenoe bas�providing for a combined single Amit of;1 mntlon per occumenoe ._.
with;l milCbn aggregate for bod�y inJury,death and propetty darnage.
- c. Consulhar�t shei! mek�in during the li�e of fhis Agreemerrt,
aubomotive YebiGty insur�snce on a comprehensive fortn oovering all owned, non-owned �
and hired aubornobiles providin8 for e combineci single limit of i1 m�lion for bodiy injury,
deaih end pioperty damage. . I
d. Each palicy of general Nability and automotjv�e Ilability shaA provide
" that City, its af�oers, and empbyees are dedared to be additlonal insureds under the '
terma of the policy,but only with resped to the work perfom�ed by Consuttent under fhls
Agreement A policy erxioraement to that efi�ed ahali be provided to the City along with I
the oerti�a�e of insurence, which endorsemerrt shall be on Inaurence Serviaes Offloe,
inc. Fom�CG 201010 01.. In 6eu of an endorsemer�t,the City v�11 aocept a copy of the
policy(iea)which evidenoea thert tfie Ciiy is an edditional insuned as a contracdng party.
e. Consulterrt shall map�tein during the lifle of this Agreement
protesslonal 8ability ineurar�ce covering errors and omiaslons arising out of the
perfonnanae of this Aoreernerrt with a comb�ed sir�le IimiE of 51,040,OOQ. Consultant �
agrees to keep such po�c.y in farce and effect for at leaet five years from the date of
completbd of this Agreemerd,
�
Exh�it B—page 5 of 12
Attachment B-Page 32 of 88
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�� � f. The insuranae po�cles maintained by Consullant sha11 be primary
Insuranoe and no Inaursnce held or owned by Cilyr shall b8 call�upon to'cover any loss
under the pol�y. Cor�sultant wYl determirte its own needs in procurement of insurance b
cover liabilities other ihan es stafisd above,
g. �effvre Cons�ltarrt performs eny wbrk or p�+epares or�deGvers erry
meterials, Consultant ahall fumleh certific�tes ot insurance and endorsemerds, as
requ[red bY �ll� evidencing fhe aforementiorted general liab�ity, aubomotive and
prafesstonal Itabi�ty tnsurance caveragea on forms acceptabfe to CEty,whtch shall provEde
that the insuranoe in face wil not be c�noeled or aqo�w�ed to lap8e without at I�st ben .
(10)days prlor wri�en no8oe to City.
h. Exoept far professional ilabpity fisurenoe cove�age thet mey be
required by this Agnsement, all insuranoe mair�teined by Consuftent shaN Be issued by '
companles adm�ted to oondud the pertinent tlnne of insuranoe busineas in tlie S�e of
Califomia and havir�g a raUng�of Giade A cr better and Ciass Vlt or b�ter by the labest
edition of BeaYa Key Ratlng Guide. In the case of profeaslonel qability inaurance
coMerege, such coverage sh�ll be issued by oompanles eHher lioe�ad or admitted to
c�ndud bustne9s in 1he Stete of Celiffomia so long as such ir�surer possesaes the
aforemen8oned Best's ratiting.
� i. Coneultant shell krunedlabety notiffy the CKy ff arry required Inaurenoe
�- �� lapses or ia� othervrise modifted and oease perfomianoe of this Agreement unless
__ otherwise dlrecfed by the City. In euch a c�e, flie City may procure Msuranoa a se�
inaure the r�sk and chatge Consufterrt far suc� costs and any and aN demages resulting
therefrom,bY way of s�-aff from any sums a�wed Consultarrt.
J. Coneufter�agrees that in the everrt of laas due to erry of the perils
for whk;h it has a�reed to provhle�sur�ae,Consulta�tt shall bok aolely to its insuronce
� for recavery. Consultar� hereby grants t�the City� on behelf of arry lnsuror P�m9
insurence ta efther the Consulterit or to the City wNh respec:t to the servloes of Caneultar►t
herein, a waiver af any�ight fio subrogafbn whic#� any such i�urer of sakl ConautFent
may acqulre e�gainet the Cih►by v(rtue of the payrrterd of arry loss under such inswanoe,
k Conauttant shall indude all suboorrtradors,if any,ea insureds under
ita pdicies or shaY fumish separate certiflcetes and endorsements for each subcontractor
to the City tor review and epproval. AA ooverages for subco�actors ahall be subject to
elf of the requiremer�ts stated herein.
17. Tannlnation. Ci�jr, acdng through ite City Maneger, or his desEgnee,
resenres the right to tertninabe ihis Agreemerrt for arry �eson bY 9�ir►9 the Consultant
fivve (5) days uhitten rwtloe of intar�t to terminate. Upon receipt of auch noti�oe� the
Consultent shall.imrriedlafiety o�se work, unless the no�oe from the Cfty provldes
othervvise. Should Cily teriminatie this Agreement, City shall pay Consultant ior setvioes
satiafactprily provlded and all allowable reimbursemerrts incumed to the dete of �
( berminetior� in canpllance with this Agreeinent, unless such terminadan shall be for
Exhibit B—Pa�e 8 of 12
Attachment B-Page 33 of 88
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cause, in which event the CHy may withhold any dtsputed compensallon. The City shall
not be Ifable for any daim of iost profits. - , i �
18. �Inbenance and )r»oactlon ot Racords. In eccordance wtth flenerelty
acoepbed aocour�inB principies� ConsuRarrt and its aubcantractors shall mairttain
reaeonabty fuA�and oompleba books� doa�nenta, PaPe+s, ecxanting records, end other �
informatlon (colle�.�threly, the 'recards� Pertaining to the c�s of and comple�ott of
servic�s perfvrtned under thls P►greerrte+rt. The Cit�+ and artiy of their auttwrized
represertta�ves shall have acxess to artd the right to aur�t and reproduoe any af .
Consulf�u�s r�ecorda regarding the servicea provided under tf�Apreen�ent. Consultent
shall maintain aA auc;h records for a period of at least tfuee(3)years sfter temiinaUon or �
completlon of thla�reemertt. Consuitant egrees to meke a�iatlable all such records for
tnspedbn or audlt et its of'�ces dudng notmal bustnesa houra and upon fhree{3) days
n�ice from the City� and c�ples theraeof shell be fum�hed ff roquesbed. �
18: Co�nalianca widt all I.awaAmmi�ir8flon Laws.
A. Consuit�t shall be krawledg�ble of snd oompiy with all local,staEe.
and federal laws which may apply to 1he performanoe of this Agreemerrt.
b. Consulterrt represertts and warraMs fhat Consulta�rt:
(1) Has c�omplled and shel(at all dmes during Hte fierm of thls/1gr+eernent
comply,in all respeds.with a�immf8rat#on laws,regulador�s,atatutes�rules, ( 1
codes,and orders,indudi�,wtthoi�t Hmita�on,the lmmigratlon Reform and �
Control Act of 1988(IRCA);and
(2) Has not and will not knowingly employ eny indlvidual tn per�orm
aervices under this Agreerner�t who is ineNgible M w�otk in the Uni�ed Stabas
� or under the terms of thia A�reemer�end
(3) Has properhr mairrtafned,and shail at ell times during the term of thia
Agroeme�rt prope'fy malnfain, aN related emplayment dac�mentaiion
reoords induding,wiihout IimitaHon,the completion and mainienanoe of fhe "
Farm I-9 for each of ContrectoPa err�p{oyees;ard
(4) Has responded, and shall at all times during the bertn of thie
llgreemerd respond, in a �mey fashion to anY 9ovemmeM inspecdon
requesta relating to Immlgra�on lew compHance andMr Form I-9 oornplianoe
end/or worksibe enforoement by the Departrnent of Hometand Security,the
Deparhr�ent of L.abor,or the Soaal Security Administraffon.
c. Cansultant shall require all subcontrac�s or sub-cansuitanta to
make the same represeMadons and warrenties as set forth in Sec�ion b.
(
Exhlbit B—page 7 of 12
Attachment B-Page 34 of 88
f
����. d. Consuitarrt shall, upon request of the City, provide a Uat of aA
` employees w�orking under this A�reemeM and shali proVide, to the resaoriable
satisfacdon of the Cit�r, veriflcetion that all eucl� empbyees are eli�ble to wortc in the
. Uoibed States. Ali costs associated with such verificatlon shal! be bome by the
� Consuttant Once such request has been rr�ade,Consultant may not change emPbYees
woricing unsier thts l�rsement wttl�out written no�ce to the City, accompanied by the
verffica�on required henetn�for sucb empfoyees.
e. Consultatrt shall requlre all suboor�adors or sub-consultants t�
make the same veriflce8on ss set forth in Secdon d.
f. My CmsuHent, subcontrAc�+or or sub-consult�nt who knowingly
empbya an empbyee prov8ding worlt under this Agreement who ie nat authaized to work
in U�e United StaGes, and/or fai�to foilow fede�l laws to detsrmine the afgWs af such �
empby�e ahell con�titute a material br�each of thfs�reert�errt and mey be cause for
imtnediabe berminafion of th�Agreement by the City.
g. . The Consullar�f agrees to indemn(fy end hold the City� its officials,
and employees hatmless for, of arid'from arry loss� induding but not Amifsd to fines,
penal6ies and�oorrectiva measuros, lhe City may st�ain by reaaon of the ConsultartCe
feiture to comply with said lews,ru{es and regulations&�connedion with the performanoe
of th�a Aereemerit. , .
{._.� 20. A��' Fses. ff any scNon et law or in equity is neoessery tio enforce
or ir�fierpret the tem�s oftfiis�,reement,the Pr'evai�in9 Pa�ty�II be entiBed b rea�or�eble
attomeys' fees, ooats; and neo�sary disbursemenffi, in addidon to any other relief bo
which it may be entltled. ff the C(ty i�the preva�ing psrty and usas�house oounsel in
the�itl�eitioi,,it sna��be entitled to reoov�er emorneys�tees at the ncKJriyr rate ihet cor�sutmnt
ia being charged 6y i6s attc�ney or at the in-house oounsel's iully burdened rabe,whichever
is higher.
21. Oovomina Law. Thia Agreement sheN be construed in a000rdance with
and govemed by ihe laws of fhe Stabe of Califomia end Co�sul6e�nt�rees to s�mit ip
the jurisdictian of Califomia courts. '
22. Inbwratlon. This Aereemerd cons�tubes the enttne agreefnetrt of the
parties. No ott�er egreement,onal or writben,pe�tainirq bo the wortc to be perfom�ed urx1�
thie Aereement shall be of any forae or effed unless it is in writing end si8ned by both
partte�. My w�otic parformed whic�ia inoorm�tent wRh or in vbletlon af the provisi�na of
this Agreement at�aA na�be c�mpensated. � �
23. �. Exoapf as oifierwise provideci herein,aY notloes n:quired under d�is
Agreemer�t shal6e m writlng and deltvered parsonalty or by flrst class mail, Po�9e
prepaid,to each party at the address Ifsbed belaw.�.Either party may dtange the notice
addrese bY no�fyin9 the other pa�iy in writing. IVotkes may be sent by either facsini{e or
(, ' U.S. Mail. NaHoea ahall be dearned reoehred upon reoeipt of same or within 3 days af
� Exfiibit B—page 8 of 12
�
Attachment B-Page 35 of 88
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deposit In Uie U.S.MaII,whtchever is earlter. Notices sent by faca�nile shali be deemed
reoeived on�date of the facsknile transmissfon. ' � '
'CONSULTANT" `C�y'
Ctty of Orenge �
- 300 E. Chapman Avenue
Orange, CA 92888-1591
At6t.• Attn.: �
24. Prevallina Waaas. The constructlan management poAtat of tl�e work �
whlch ia the aubjed of thls Agreemerrt is a'public work°,as that term is d�'ined in Sectt�on
1720 of tl�e CaliWmia Labor Code,for whic6 prevatling wages must be paid.'Prevaiing
wage deiem�inaSon existe for oerbain crafta a(nce 1977. To the e�ent that the .
Consultant'a employees w�l perform eny wark that talis wKhin eny of the dasslflc�tlon for
wfi�h the Deparfirient aF Lebor Rela�lons of ihe Stab of Califomfa promulpales preva�lrtg
vuage determ�atlons, the Consuttarrt hereby egreea that Consulfant, arxl any �
suboor�acbor under�, shall pay nqt lesa that the epecifled prevaUin� ra6es of wages bo
all such w�oricmen. The general prevaa�9 w�e det�errninatlons for cxafls can be Iqca�ed •
on the w�ebsite of the Depertmerrt of Indueh�ial Reletlons(www,dir.ca.aovIDLSRI, it is our
understanding that it is the prac�ice and policy oi the[�parhrient of IndusMal Reletions �
to refratn from enfordng p�svailing wage ab�gatlons for any work that falls oufislde the
scope af woric referenced for a particular craft or claeeiflcation. .
( )
Attached hetebo as�and fnc�rrporated hereln by this rafierence is a copy ..
of the provtsbns of Sectfona 1771, 1775, 1778, 177T.5, 1813,arsd i8t5 of itte Califomia .
Labor Code. The Cansuttsnt her�eby admawledges that it has read, review�ed snd
understends those provistons af !he Califnmia L�bor Code and, a000rdingly, heneby
agraea to and shalE prosecute and oomplete fhe Work ur�der this Agreetnent in strk;t �
ccunplfarme wNh ell of the bertns and proviaions cor�ined in thosa provisimna aF the
Califomia Labor Code.
The Consuftent hereby agrees to and shall�ecure the payrtient�corrzpensatlon
to�'s ertoployeea in aaxr�denoe with the prorieton af Section 3700 of the CaBfomia Labor �
Code. Aa;ordingly, and� required by Sectio� 1881 of the Caltiomfa Labor Code,the
Consuttant heneby certlfles as follows:
'I em awar+B of the provislona of Sedion 370d of the Labor Ccde which
requMe every empbyer to be insured agelnat ilabil(ty for workers'
campensatbn or to undertake self-insurance in aocordance.with the
provision of that oode, and 1 w� compty wlth such provisions before
commendng the perfortnanoe of the work of this oontract".
The�Consultent hereby agrees to and shall indemn'dy, protect,defend and hold harmless
the City and its ofiicers. empbyees, contractors and agents, with counsel reasonably
aooeptable fa City, irom and agafnst any and all loss, Ilabllity� damage, daim, cost, j
Exhiblt B—page 9 of 12
Attachment B-Page 36 of 88
. !
�� ; expense, and/or "increased costs' (induding reaeoneble attorr�s fees, court and �
lidgetion costa, and fees of expert witr�sses) which result or arise in a�ry way-hom 1he
nonc�mplianoe by Consuitant of any applicable.bcal,stata and/or.fe�erel�w,(ndudtng,
wittwut IimitaHon, anY-aPplicable federel and/or state labor lawa (induding� w�hout .
IlmiEetlon,ihe requirement to PeY�P��B�8�7. �is agreed by the pattlee that,
In cor�nectlon wifh the cflnat�uc�lon of the work which fs the subjed af thfs Agreement,
Consultant shaH beer all risks of payment or non-paymerrt of state pr+evalling wages.
'Irxxeased coste'as used in th�paregraph shall have the meaning asixbed to it in Labor
Code Secfion 1781,as the same may be enacted,adapted or emended from time to time.
The foregoMg indemnity shaN survive termination of thls Agreement. -
IN WITNESS of this Rgr�eemerrt, the parties have en6ered 'arto t�is Agreert�ent as
a#the year and dey first above writban.
"CONSULTANT" "CITY"
pnaertnt�rre olcon�uleer►tl CITY OF ORANGE
•By:� By:
Printed Name: Teresa E.Smith, Mayor
C. } TiHe:
`By: ATTEST:
P�Ltted Mame: •
Title:
Mary E. Murphy,City Cleric
AF'PROVED AS TO FORAA:
City Attomey
'7VOTE: Th� CHy r�equl�a fhe fo!lowing algnaturo(s) on bshalf of ihe
ConaoNsn�
— {�)the Chslmren of ths Boerd,ehe Presldent or a VIc�Prealde��AdQ 111�
sec�ary,the chl�Rnaealal ofiloer, [hs rrsaau,�r,mi Aastsaent Secntary
+ or m� As�►atant Treeswer. If only one corpon�Ee oMcer wrists or ona
1 caporsLe of�k�er hohFa mole dran one corporate o!llc�plaeae so Ina�cata�
�
I — The corpor�ofNcor named in a corpor��e rssolutlon as authodzed bo ert�er
` lnbo thb Ayneement. A copy of�e corporata resolutlon, cortltled by fhe
Secretery ciose in dme bo the 8xecutlon of the Agreemen�.must be provided
� (. � to fhe City.
i �
Exhibit B—page 10 of 12
Attachment B-Page 37 of 88
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[Beneath this sheet.]
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Exhibit B—page 'I 1 of't2
Attachment B-Page 38 of 88
EXHIBIT"B°
� HOURLY RA7E SCHEDULE
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Attachment B-Page 39 of 88
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�4��' CIT'�' OF ORANGE �
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FINANCSDIRBGTO& (714)744�2234 • wm+.dyofwat�ye.or� 9AS:(71�)744-1245 �
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PTIRCHA3ING DMSION ' � i
�'Y OF ORANGE.CALIFORNIA
Bm N0.156-23 ;
ADDI�IDUM#1 I
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To:All Off'a�o�s November 9,2015 ' �
�
SubJech Addcc�um�1 for Bid No.156-23,ConsltvcHon Manegoment Services Clty of �
Ocaage Shaffer Pa�c Ronovation Project :
i
Thie addendum serves ss writtcn notia of the following change to the bid package: �
1. Tho bfd due dAte hay been extended to December 10,2015 at 2 PM. �
If there ec+e eny further questibna,you may wntact me at(714)744-2254 or !
rtdtay c iRyoforen.ge.ora �
- ..
�_�"`� �
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(3Ienn J.Keye,MB ,C.P.M. �
Purcha�ing Ot�iccr i
City of Orangq Celifomia
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OHANflE CIVIC CENTBR • 900 E. CHAPMAN AVENUE � ORANQE, CA Y288B•1E08
p rw�atn�.mwrwa
Attachment B-Page 40 of 88
'�'���v"'�'�','
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�'��'� '' ��'� CIT�' OF ORAI�TGE "
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P1PUI4CE DIItTSC'1'OR (T14)74�1-2234 • �rerw,s;lynfar�ange.or� FAM:(71�74422Q5
PURCHASING DIVISION
C[TY OF O1rANGE.CALI1�OItNIA
�Ip NO.]56-23 -
ADllL�NDUM#Z �
To:All Otferors December 1,2015
Subject:Addendum�12 for Bid No. 156-23,Construction Management Setvices City of
Ocange Shat�er Park Renova6on Project
This addendum serves as written noticc of the following deQdline for questions:
1. Any questioi�s pertaining to this bid must be szut vin amail to
dc�i�iiti;�i!ci�yufi�r:n��;�.uru no Iater than 5 PM,Deccmbcr 3,2015, '
IFtliere ere any further questions,you may co►uact me at(714)744 2254 or
};knv�r�cilYoli�rungau �
�^���r�, r�.*�� .
1.---- ���
�.•
Glenu d.Kaye,MBA,C.P.M.
Purohnsing Of�icer �
City of Orw�ge,Californin . �
OAANQE C1VIC CENTEfl • 300 E. CHAPMAN AVENl1E • ORAN�E, CA 92866•150E
qwwiwown�+ntewen
Attachment B-Page 41 of 88
Constructlon Management Services
Clty of Orange 5haffe�Park Renovation ProJect{Bid No.156-23)
Addendum�3
To:All Offerors December 8,2015
Subject: Response to 'Draft Responses to CM Firm Questions on RFP'.
Questions&Answers
1) What is the source of funding for the project? Are there any State or Federal
grants being used to fund the project7 State and Federal grants have specific
, requirements in terms of application for reimbursement of costs during the
project period. They also can have specific subcont�ecting and wage
requirements.
Answer: The funding source is local developer fees. No State or Federal grants
are being used for this project,
2) Who will be the outside consultant on the selection committee?
Answer: David Umstot, PE, Umstot Project and Facilities Solutions, LLC,
3) Wi11 the Public Works Department be involved In the selection process7 Will
the Public Works Department be involved in the review of the design since there
are components in the public right-of-way7 _
Answers A representative from the City of Orange Pubfic Works Department may
be invotved in the selection process.
4) Per the job walk meeting,please conflrm that the CM will be responslble for
preparing bridging documents which are required forthe D/B RFP package. This
means the CM team will have to include licensed engineers(civil,electrical,
mechanical,etc.),architects,and landscape architects to advance plans and
specifications to a 343o completion level. If thls is correct in order to be able to �
provlde a fee for this work a better understanding of the components of the
master plan document will be needed. ((.e., What Is the intent for the revised slte
Attachment B-Page 42 of 88
drainage plan7 How is electrical power to be supplied to the existing and new
buildings7 —SCE only allows one meter per address).
Answer; It is not the intent of the City of Orange to have bridging documents
prepared for the deslgn-bufld RFP. Instead,the deslgn-build RFP will include
program requirements,standards and performance-based requirements. It is the
desire that the selected CM firm assist in assembling the supporting �
documentation and preparation of the design-build RFP. No preliminary design
work will be required.
5) Section IV.,sub-section E—Firm Resources/Technical Capabilities,vl,
Certlficatfons. Could you please elaborate on what certifications the City is •
referring the CM provide an approach and resources for(payroll, Iicenses,safety,
others, all)7 �
Answerc This refers to any certifications that the business has with respect to
being a Small Business enterprise(SBE},woman-owned business enterprise
(WBE),disadvantaged business enterprise(DBE),disabled veteran business
enterprise (DVBE), etc. Please provide the certifying authority with any of this
information. Individual certifications or registrations of key proposed staff
members should also be identified (e,g., Certified Construction Manager(CCM),
Design Build Institute of America (DBIA) Professional,registered professional
engineer(PE), registered architect(RA}, registered landscape architect(RLA)).
6) Brldging Documents:Is the City requiring the brldging documents be signed
by a llcensed professional (i.e.,architect, landscape architect,engineer,etc.)for
introduction to the design/build firm7
Answer: No,see response to 4 above.
� 7) Exhibit A=Scop.e of Construction Management Services—B. Construction
Phase Item ii reads'The construction manager shall incorporate approved
changes to the project construction plans as they occur;"typically on a
design/build project the incorporation of approved changes to the projects
construction plans would fall under the responsibility of the Design/Build Firm
since the A/E team in under the GC. Please clarify.
Attachment B-Page 43 of 88
Answer: The City of Orange would like the selected CM firm to provide review to
confirm that the changes to project construction plans are correctly integrated
• into the record drawings prepared by the design-build entity as part of the CM
contract services.
8) Exhibit A—Scope of Construction Management Services—B Construction
Phase Item 12 reads'The construction managershall ,,.. c)Submit
recommendations to the Architect and the City." Should "c)" read "Submit
recommendations to the City and the Design/Build Firm7"or is"c)"redundant
with "a)"?
Answer: This is actually Item 12 dj and should read to"the City and the Design-
euild F(rm".
9) Far Paragraph II Project Description;services are deta(led and captured in
Exhibit A and referenced throughout in the various paragraphs and sections of the
RFP. To estimate services there is no timeline/schedule that has been defined to
adequately provide the City an 'apples to apples'comparison for the firms
responding. I can assume a very short schedule duration versus another firm
assuming a longer duration. To provlde the City the "best value" wifl the City be
issuing an estimated schedule so all parties can be competitive in th�ir fee
� structure response? '
Answer: The general tentative timeline for the project with anticipated
milestones is as follows, and is subject to revision,
Selection of Deslgn/Bulld Flrm: April 2016—September 2016
• Oevelopment and dreulatlon of RFP
• Review/selection of proposals
• C9ry Council approval and execution of DB Firm Agreement
City Project Approval: October 2d16-March 2017 �
• Design development •
• City Planning and environmental review
• Preparation of constructlon dacuments
Construction: March 2017—March 2018
Attachment B-Page 44 of 88
10) Schedule; understanding that during the�ob walk the RFP phase and
durations was shared, anticipated selection date of the PM/CM firm, and design
phase,what is the approved and expected GC/DB selection duration and
construction duration to estimate the fee structure� Will the schedule be issued
for ciariflcatlon and so each PMCM firm resp�nds appropriately for a "best value"
selection process?
Answer: See above.
11) Paragraph II Praject Description; Exhibit A reference again,for section C
Warranty. How are we to estimate our fees for unknowns regarding Warranty
response. I can assume the job will be perfect and put no cost for warranty
responses and another firm and assume 6-days of PM time to address warranty
work. How would the City�prefer that this be responded too and fee structure
provided? Or,will the City use the hourly rates as the defining factor and confirm
reimbursement of aIl hourly fees and expenses required to address the warranty
work?
Answer: Please also provide a brief description of how your flrm proposes to
handle warranty work and provide an hourly rate and a pool of hours that may be
used to address warranty work after project completian,
12) Will the City issue the project budget breakiiown during the bid phase so
each firm can analyze the PM fee structure estab�ished within the project budget
approved by the City7
Answer: The proJect budget approved by the City of Orange is a total budget of
$5.4M. There is no specific breakdown for the CM fee structure.
13) Paragraph IV Submittal Requirements,section F Current DB Projects.
What if a firm has just finished all of their DB Projects and doesn't have a
"curren�' agreement i.n place or currently active, and/or in the process of
executing another D8 project, but have not yet executed the agreement. liow
would the City Iike that firm to respond7
Answer: This section is revised to require proposers to state all current design-
build projects or design-build projects completed within the past two years.
Attachment B-Page 45 of 88
14) Paragraph H.ii Cost Proposal, General Conditions makes reference only
here for the PMCM firms to Include a constructlon site office as part of their GCs
but it is not detailed in the terms af the agreement as to�hat the City is
expecting for site trailers. Is the PMCM firm to provide the trailer? Exhibit A
Phase II Cons#ruction Phase B.3 then details that the DB tearn will provide a Class
A Trailer. Who is to provide the trailer?
Answer: The design-build entity is responsible for providing the trailer as part af
their general conditions. The CM will work wlth the design-build entity to make
certafn that the field site offices are properly sized to meet the needs of the
proJect,fncluding space for the CM representative/s.
15) Paragraph B.S.a)in Exhibit A,does the City employee a web-based
compliance system or will submission by the DB be hardcopy?
Answer: The RFP requires the CM to certify payroll,therefore,whatever means
the CM firm has for accomplishing this,and any related costs would be
determined by the proposer and includec! in the proposal as appropriate,
Attachment B-Page 46 of 88
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Attachment B-Page 48 of 88
=- �kkwork� �. �c���x ��##�� - ��tte� of T�t�����k
` December 10,2015
^�i
Mr.Glenn J.Kaye,MBA,C.P.M.
"' PurchasingOfficer
City of Orange
300 E.Chapman Avenue
- Orange,CA 92866-1508
RE: RFP No.156-23: Construction Management Services City of Orange Shaffer Park RenovaUon Project
- Dear Mr.Kaye and members of the selection committee:
_ The gkkworks team has heard and understands the Citys construction management needs:
"We need a partner who's equipped with a skilled technical staff experienced in design-build
" delivery that's responsive,who understands the importance of flexibility and who can align with
; your cultuee to ensure timely communication and mitigate exposure."is the message we heard from the
_, City.Our team hears and understands your needs and is ready to deliver.
^; Having spent the pastfour years working with the City of Orange and understandingyour goals we know the importance
J of this project.Being the first design-build delivered project in the City,we understand the importance in leading but also
_t educating the City through the process from beginning to completion. Our team and I are acutely aware of the importance
of hiring a partner that understands the City's goals and objectives and can meld with your culture.Kim Harvey,P.E.,our
' proposed project executive,hasjust completed a very complex design-buiid project and will apply her best practices and
first hand design-build experience to help guide City staff through the procurement process and through successful project
completion.Havingthe first-hand knowiedge of your processes also means there won't be a learning curve enabling us to
�� coordinate more e�ciently with City staff.Being a true integrated design-build firm with design,construction management,
� and construction services in-house,our firm's culture is built on project integration and we have become advocates and
thought leaders for the design-build delivery method through national organizations such as the Design-Build Institute of
, America(DBIA).
' Having this balanced team approach with architecture and construction,our firm's differentiator is our depfh of resources
i and our mastery ofthe design-build delivery process. The benefit to the City is a well-coordinated process providing a
consistent and comprehensive approach to Shaffer Park. Additionally,it means the City gets a seamless procurement
�� process attractingthe best design-builders for the project atthe same time providing oversight on the City's behalf to
ensure the design and construction meet your vision.
, • Principal level involveme�rt
• Depth of deslgn-bu11d dellvery experience and successful track-record
i
Attachment B-Page 49 of 88
' �kkwork�
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^ • A team that is flexible keeping the City engaged through the entlre process
� • A team that ant(cipates and protects the City
� • A strategy to minimize surprises and unforeseen items mitigating your exposure to cost overruns
_ Both Kim and I ensure the City that our tsam will make this a fun and engaging experience uitimately delivering a project
of high quaiity and function that meets your budget. We appreciate the opportunity to be of service to you.On behaif of
" the entire gkkworks team,we look forward to further discussing Shaffer Park with you in person.If you have any questions,
please don't hesitate to contact me at(949)375-6872.
,� Respectfully,
J
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J J.Brandon Dekker,DBIA,LEED GA
� Principal
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Attachment B-Page 50 of 88
�_ �kkwork� �. �r�ani�ation. �xedal1f1�3a, ���1ti�roL�.ii�.
Oxganization
- As one of southern California's leading construction,project and construction management firms,gkkworks
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has provided well over several billion dollars of construction services since its inception in 1991.Our services
�- span numerous industries including public works,education,healthcare and hospitality projects.We have been
--,
pertorming Construction Project Management services for 21 years.
-- Our philosophy is based on the reality that architecture and construction are inseparable and that applying a
- thorough understanding of each is critical to the success of any project.Providing architectural planning,design,
-; construction and construction management services under the same roof enables us to better understand and
'" anticipate potential project issues;it also enables us to be better advocates for our clients.We have provided
leadership and expertise in projects from inception to completion.Through each phase of planning,design,
construction and start-up,we continuously focus on achieving our clients'goals for cost,schedule and quality.Our
' ability to listen, plan,execute and pay attention to detail is what allows us to complete exceptional projects within
budget,saving our clients money at the end of the project.We take great pride in being able to exceed our clients'
expectations and develop long-standing partnerships with multiple repeat projects.
With 180 professionals in 5 offices throughout the United States,gkkworks is established and recognized with its
award-winning experience.The firm is listed among Zweig White's Top 100 Fastest Growing Design Firms Hall of
_ Fame,and is also ranked by Engineering News Record as one of the nation's Top 100 Construction Management
Firms. Our proposed project team zvill be based out of our Irvine office.
�� �redentials
_; gkkworks offers professional construction management and general contracting services for both public and
private sector projects.Our team of high diversified professionais is experienced in providing agency construction
;.i management,multiple prime delivery,construction management at-risk,design-build and traditional general
contracting services.Our master builder approach adds value to every project,as it enables the team to manage
_. budgets,drive schedules and ensure the quality of the built product while maintaining strong relationships
throughoutthe process.
5ustainable Practice
. � gkkworks has more than 45 LEED Accredited Professionals on staff who work with clients in the delivery of highly
sustainable LEED certified projects from inception to design and through construction to occupancy.gkkworks
- has an internal "Sustainability Action Team"with a mission of advancing"a culture of innovation and leadership
in sustainability."gkkworks is a member of the American Institute of Architects(AIA)"2030 Commitment."This
-- initiative promises to make great strides in taking action to 1)reduce the environmental impact of firm operations,
2)develop a long-term sustainability action plan,and 3)report progress on an annual basis.
Related �'roject �xperience
Our proposed Shaffer Park project manager,Ron Gerhardt and selected expert supporting staff,have led multiple
civic projects and fundamentaliy understand how to represent public clients and deliver complex design build and
- design bid build projects.From design management to community outreach and quality assurance,the City of
Orange will gain the expertise of gkkworks staff who have received awards and client praise for their work on similar
projects highlighted throughout our proposal.
�� 3nsurance �overages
Gkkworks meets the insurance requirements as identified in Exhibit B of the City's request for proposal. Axis
� Insurance Company provides the firm with design professional liability in the amount of$5,000,000. General
"; liability insurance is provided by Vailey Forge Insurance Company with$1,000,000 for each occurrence with
✓ a$2,000,000 aggregate limit. This meets the City's requirement for Exhibit B items 16b. Lastiy,Continental
" Casualty is the provider of the firm's automobile insurance in the amount of$1,000,000 for bodily injury,death and
J
property damage as requested in Exhibit B item 16c meeting the coverage amount requested.
� r.�n,,,vn.�,,,,e I FhaifcrporLRcnrn.aN....n.,,:o,.. i n..,,,,,,,,,,,,,n on�c �
Attachment B-Page 51 of 88
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�� �kkwork5 �. �.ele�ant �xperiencs �r�i�h �e�i�nlBuild Projec�s
�: Perris V'�lley Aquati� Cent�r
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Riverside County Economic Development Agency
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: the Design-Build RFP,scoring system,and customized contractforthis
-- design-build Aquatic Center.The new center has approximately 18,000
�1 SF of building program,three primary poois which feature a 50-meter
Y competition pool,activity pool,continuous river,multiple slides and
_ double Flowrider.On-site parking provides a minimum of 252 stalls,
lighting,hardscape,landscape and off-site improvements.The$24.9
I.ocatlon:Perris,CA Million project is designed to meet LEED Silver certification.gkkworks
� Completlon Date: 11/2013 worked closely work with County and County Counsel to enable their
- Ciierrt Represerrtative•Dominic Lombardi adaptation of Design-Build for the project,which was essential to
� PhoneNumber.951.955.6622 securing redevelopmentfunds within a shorttime frame.
;? Ori�nai Budgetr$25 M
- Flnal Cost$23.4 M
;�
J
i'
Attachment B-Page 52 of 88
_. �kkwork� C, ��3.�e�ant Ex�erien�s �i�la. 33es2c�n1�ui3.ci �a�j��fis
�; East Valley Edu�ati�z� Cen#er
� College of the Desert
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- �' r �a , ' ; gkkworks provided Design&Construction on this 41,000 GSF project,
� �',��. fi
s,� �"..r�, �; � l� collaborating with the City of Indio and the college to redevelop
_ ..� �� ,�.. - �
''f, ��, ,. `` ; � � I n d i o's d o w n t o w n d i s t r i c t.T h e n e w t h r e e-s t o ry b ui l din g rein forces
`a ��- '� ' �� �. .� �_�,
_� �'r, , ,a the urban edge,and has been designed with a modular dimension
" '; j� to allow flexibility and reconfiguration of the space.The rectangular
�'. .
� `-:`�'y ' _ building creates straightForward circulation,with gathering spaces
+"'` that encourage student interactions.The building's program and form
:: _��'_ -
- are shifted at the center to minimize the perception of a long corridor.
' �� � � An atrium houses the primary entry and provides a visual connection
y� ' ���`� ` " � between the interior space and the community's streetscape.
LocaHon:Indio,CA The Eastern Valley Center contains administrative and financial offices,
1 Completlan Date:2014
fourteen classrooms,two science labs,two meeting rooms,an active
Cllerrt Representative:Dr.Joel Kinnamon
'� learning lab,two conference and training center rooms.The facility also
� Phone Number.760.773.2500
includes retail space on the first floor which functions as a revenue
Ori�nal Budget�Flnal Cos�$15 M generator for the college.The LEED Silver(goal)building includes
*, energy-efficient building systems as well as planned renewable energy
photovbltaic panels in the parking lot.
Attachment B-Page 53 of 88
i �kkwork5 �, �e�.e��n�� ��per���ce �,vz#I? �esa.�r��'8uild :P�oj�cts
(�arnino �1Tue�� K-� Charter S�hool
Pueblo Nuevo Development
�
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� gkkworks provided Design and Construction Management-at-Risk
services for this new two-building,46,800 SF charter elementary school.
, ..�, � -� ,. ,��. _ The facility includes classrooms,administrative space,food service,a
_ ' ��`� ,�:'�1� t. �_ '� � multipurpose room,science labs,fine arts areas,and common spaces,
_ __ along with a synthetic turf field, basketball court,parking lot, landscape,
� . ..,,�":`� and new utilities.
,�
_; -�------� Sitting on a sitejust over 2-acres,the project has restricted access,
Locatlan:Los Angeles,CA being bordered by a public park,residential properties,and commercial
" Complet7on Date:2014 spaces.A major concrete buttress was constructed along the east,
' Clterrt RepresentaUve:Daniel M.Ardell West,and north property lines to ailow for major re-grading of the site.
Phone Number.213.417.3413 The project also inciudes the partial widening of Third Street to allow
� Original Budget$16.2 M for easier public traffic past the project and parent/staff access to the
� Final Cost$16.2 M school.
J
Project Planning and Design phases were completed within 4 months
-' and submitted to DSA on December 15,2011,in order to secure
Proposition 55 funding byJanuary 1,2013.
j1
Attachment B-Page 54 of 88
_' �kkwork� C�, �e1e��ar�fi Ex�,�-:.rien�e y�;�fih L�esir�nl�3iilc� Pr�aject�
,-.,
_� l�a�nte��a��� -�- Op�rat�on� Facu��ty and
. Net ���� ���nt
� Los Angeles Community College District
- _ -. �
_ - �, -
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. ,�
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_ '
- gkkworks provided Design-Build services for the Los Angeles CCD Pierce
College Maintenance+Operations(M+0)Building,which includes a
paved maintenance yard and a centrel plant.The buildings total 55,000
_ 5F and the yard is approximately 85,000 SF.The overall building design
- rL`_�r�-��_ =-�- - is built to campus standards and has a 14'minimum height clearance in
"" �`�'� T the shop.
- .�„��
..�--�_���� The gkkworks team planned,designed and integrated the new"Net
.�-..,s�-.r-�-:�-.�.�"`�"�
_ .,�-,�.�-�'����� Zero"Central Plant portion of the facility as well.The design features
���-`'�»'����'a3'�.a*!5�'�,��
- ��=�s���������� a system that provides the electrical and cooling load of both the
- `"`�"`��'" M+0 facility and the new Horticuiture Campus.The team investigated
- Locatlon:Woodland Hills,CA
several systems and chose a combination of two concepts to achieve
Compledon Date:2012
_ this objective.First,the team came up with a central plant idea using a
Clierrt Represerttative:Paui Nieman
combination of 150 tons of absorption chillers and four 14,000-gallon
: Phone Number:818.710.4121
thermal storage tanks.
Original Budget:$21.6 M
`� Final Cast$21.6 M
r
Attachment B-Page 55 of 88
�- �kkwork� G, R�Ievant Expexicnc? �,vi�h T3esign/��,a.ic� .k'r�ject�
✓ Ea�tside Publi� Safety 'I°rair�ing Center
� Victor Valley Community College District
, � ��:�
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-
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i;' Locatlon:Victorville,CA
- Completion Date:12/2011
Cliertt Representative:Steve Garcia �'�**
�
_ Phone Number:760.245.4271 x2250 ? -- �� �'��
_ ._-:.:_ �,`- :� -
_ OHglnal Budget:$26.5 M � �� 4. �
- 'i'
— Final Cost:$26.5M �' '—
_ `a� ' --�3 _ i; _ �'k,, '
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gkkworks provided programming and design-build construction
_ management services for the Eastside Public Safety Training Center,
a newfacilityfortrainingfirefighters,police officers,paramedics,and
� emergency medical technicians;expand opportunities to upgrade skills
;j for existing public safety professionals;facilitate live drills in firefighting,
police pursuits and disaster response;and integrate general education
� programs for Associate Degrees in public safety fields.In addition to the
°1 interior classroom and laboratoryspaces,the nine acre facility includes
a five story fire tower and a wide range of fire and police training props.
�ii This 46,000 GSF facility has a LEED Gold goal.
Attachment B-Page 56 of 88
`� �kkwork� �. �el.e�r�.�,t ��cp�rie�c� �vi�� ��si��I��zi�d ��°c�je�f�
_s}
::� �°�e �tobert �x�d ����r�� �ewi�
-.,
�;� ���patie�t �avili�n
Pomona�Talley Hospital Medical Center
� `"-�_
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- gkkworks provided architecture,interior design,and construction
�,
-� services in a single-source design-build GMP delivery for this project.
�� The three-story, 55,000 SF OSHPD 3 MOB, houses hospital
- `; _�� administration,education and training, physical therapy,cardiac
�'
. `�- rehabilitation, preoperative testing,women's health, exam,
''' treatment,education space,offices, pediatrics, neurology,and
i: .: .�°�`�,.
� ���, , , _ . outpatientsurgery.
. ,,._ < :
£, , � � �� �'�� Project challenges included maintaining a target budget
` '` ,� P :` � , `_ established several years earlier,and maintaining schedules
�:_.�..:<_,,. . ,
� impacted bythe EIR process.Team collaboration, Revit
Locatlon:Pomona,CA
application,web-based communication tools,as well as a solid
�j Construction Cost:$27.5 M
� partnership with the ciient and complete PDC team, kept the
Completlon Date:2015
project on track.The project is registered with a goal of achieving
- Client Rep:Jim Lents
LEED Healthcare Certified.
909-630-7787
,.,
Attachment B-Page 57 of 88
. �kkwork� �", 1�ele��.nt �xperies�c� �A,it�. �Jesz�n,r`�;a33d Pr�jec�t�
SIPVtBLAR TYPE PR�lECTS
o�,Sl� S�I110�' ��l°Ltl��
- Newport Beach, CA
�;
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_ Locatlon:Newport Beach,CA gkkworks provided construction management services for the new
servlce:Construction Management LEED Silver,35,000-SF senior center.The project includes educational
Completion date:2010 classrooms,exercise and wellness center,and a kitchen,and the site
,� Construction cost:$12.3 M included a permanent shoring wall system.
Client Rep:
City of Newport Beach The City of Newport Beach has been a long-term client of gkkworks,
Dave Webb,Public Works Director and we have provided construction management oversight on several
949 644 3328 important projects for the community.This project is unique,because
it is a re-build to an existing,highly used senior center,so the need for
phasing and swing space to house staff and programs was critical.
.i
We were hired very early on to work with the architect to manage the
� design process to keep the project within the City's original budget of
� $20 Million,but also to manage the architecYs design to adhere to City
standards,building use requirements,and overall quality of the building.
. Due to the existing bidding climate,the successful contractor was well
:1
under the original budget.
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Attachment B-Page 58 of 88
., �kkwork� �, R��e���.rs# �acpexienc� r��ith I?e�i��/��.ilcl �'�o�ewts
SIMYL,4R 7'VPE PROJECTS
n� �Tew���� ���,�t Cornm.u�ait� Cer���r
�
, Newport Beach, CA
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, i''::�::,__ _:_:. , gkkworks provided agencyconstruction managementservices for
- � ° ; �. �5 xt this 17,000-SF community center for the City of Newport Beach.
- ..;�
� One half of the building is the gymnasium,constructed of concrete
block.The other half is a wood-framed structure that includes
� community rooms, a lobby, restrooms,and a warming kitchen.
d
_ '� �� This is the first of several projects undertaken for the City.Because
� •
- - - of its location in the exclusive area of Newport Coast, it was
_ ` ,;.:'Yf:;;� �"''=�" critical that we coordinated and communicated effectively with
,�.���':..=�:;�. the surrounding community.Traffic, noise and dust control were
� � all very high priorities to avoid inconvenience to the surrounding
" Location:Newport Beach,CA
Completlon Date:2007 residents.This project was a success for the City,as we delivered
Constructlon Cost:$8.5 M it within the allotted time frame and within the original budget.
� Cllent:City of Newport Beach Issues with underground utilities required close coordination with
oave webb the design team,various agencies,and the contractor.
Public Works Director
_� 949 644 3328
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Attachment B-Page 59 of 88
-� �kkwork� �� �iele�,�.a�t �xpez�ience vait�. ��sic�n���.ilsi ��oiect�
�- SIMILAR TYPE PROJE�TS
._ Steve Am,briz 110Ierr�o�ial Pa�k
� City of Orange, CA
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_. +P � . . -- � , -� �-
.,. `� `' � The park is located within the Del Rio Residential Community
Development,and includes the construction of a 10.5-acre sport park.It
�� wili have two lighted ballfields,parking lot,restroom,multipurpose room,
- tot lot,two tennis courts,a basketball court,pedestrian circulation,and
related amenities.The builder consists of a post-tensioned concrete slab
- ��� and CMU building.
. s- - �.`- ��•-
•' Location:Orange,Ca
Construction Cost:$4.1 M
L Completlon Date:2011
Client Rep:Dana Robertson
Parks and Facilities Manager
�. 714.744.7283
210 e.Chapman Ave.
� Orange CA 92866
Attachment B-Page 60 of 88
�' �kkwark� �. ���j������.�z
, �rgaaaizata�n Chart
nt Our proposed project team zvill be based out of our Irvine office.
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` ���1K['���
` B�andon'Dekke�;;`DBIA;,�LEED�GA
� Pnncipal in..Charge.
� -.., _.. __..
_.__.
- ' ' �Kim�'Ha�;veY;,PE�
- �, � Projecti�Executive>
� - -- - -
,.i _�._.-- ------ •------
'RonnGerh'ardt;
- ; Constr:uction�iPro�ect:M'anager"� ,'
. ; .
:,' � StevesD'u_nn,PhD;;'CPE,;LEEDMA_P;.DBIA':: ;, Subcons:u_'Ita�t; !
' . S:ento,r Co`st'Estimafor � � Casamar Group LLC''
` . Monique ipo_',well
- Edd'OlFia L-abor Complrance Analyst;
. Senior'Sehecluler� �
�
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Attachment B-Page 61 of 88
�� �kkwork5 �. ��oj�ct '��a�n
Resurai.es
`
Principal In Charge ��a�acion �eIl�k�x, DBiA, �En c�e Mr. Dekker has more than
�- 16 years of management experience including 12 years in the field of design and construction.As Principal-In-
� Charge for gkkworks, Mr.Dekker's responsibilities inciude building relationships with clients while collaborating
��
with the operations team to deliver"best in class"professional services and quality projects.With a focus
- on the overall success of the project,Mr. Dekker is an expert in the development of customized solutions for
- clients that satisfy their unique concerns and needs. He looks forward to facilitating an atmosphere based on
� trust and teamwork for City of Orange.
- �ackground Ytelevant Experience
` • MS,Construction Management, Ind10 Offsite Facllity,College of the Desert,Indio CA: Project F�cecutive
_� College of Engineering, Drexel for this LEED Silver,40,000 SF,4-story building.The facility contains
University,Philadelphia, PA administrative and financial offices,two conference/training centers,
- (expected completion spring two meeting rooms,12 classrooms,two labs,an active learning lab,and
2016) retail space.
• BA, Business,Vanguard Perris Valley Aquatic Center,Riverside County Economic Development
_ University,CA Agency,Perris,CA:Provided Executive Oversight for this state-of-the-art,
'' water-efficient,Design-Build project.The new aquatic center project is
,,. • Designated Design-Build
� located on 12-acres.
�~` Professionai, Design-Build
✓ Institute of America Marion V.Ashley Community Center,County of Riverside,Romoland,
CA:Served as Project Advisor for Riverside County's new 15,000 SF
• Committee Member, Design-
� Community Center,Childcare Center and 12-acre Park Project which
Build Institute of America(DBIA)
included play areas,a gymnasium,and multi-purpose rooms. �.
• Committee Member,American
Steve Ambriz Memorial Park,City of Orange,CA:Project Advisor for
= Public Works Association(APWA)
the construction of a 10.5 acre sport park. Features include two ball
- • Member, Urban Land Institute fields with associated park lighting,a parking lot,restroom facilities,
�- (ULI) multipurpose room,play areas,athletic courts,and related amenities.
Oas1s Senior Center,City of Newport Beach,CA:Served as Project
� Liaison for the new 35,000 SF LEED Silver Senior Center.The
_ project includes educational classrooms,an exercise and weliness
_.
center,and a kitchen.Project phasing was critical to ensure minimal
'� disruption to staff.
_3
.�
Attachment B-Page 62 of 88
- �kkwork� �, �r�ject�'eam
_ Project Executive ��aa�a Y�agvey, PE, QSP: Kim Harvey has over 22 years of construction and
--' project management experience in both public and private sectors.She has been involved in all phases of a project
including preconstruction,construction,and close out.She has demonstrated expertise in all aspects of project
management through a wide range of responsibilities including budget analysis and cost control,bid scoping,
�, contract preparation and negotiations,schedule development and assessment,constructability reviews,team
_ coordination,and quality control.Her background in general construction,coupled with her assignments as an
Owner's representative,gives Kim a very unique perspective and skill set that is the basis of her highly successful
history of project delivery. -� . -
,�1� �'�' � •7 .:a� .:r:.�: �, �-...:,:.
- �aclzground Relevant Experience i
_ • MS,Civil Engineering, Camino Nuevo K-8 Charter School,Los Angeles,CA: Multi-Prime Construction
�� Construction Engineering and Manager responsible for the construction of a new K-8 charter school with full
;
Management Program,Stanford compiiance to DSA. gkkworks provided design and construction management
University,CA at risk services. The school included over 90 modular units with classrooms,
_' food service area,multipurpose room,and a foundation system with 75'-100'
• BS,Civil Engineering, deep concrete piles.Site included large concrete retaining walls,synthetic turf
- . California Polytechnic State field,basketball court,concrete parking lot,landscaping,and new utilities.
J University,Pomona,CA Oasis Senlor Center,Newport Beach,CA:Project Manager providing CM
�� • Licensed Civil Engineer,
Agency preconstruction and construction services for the new 36,000 SF
-� Senior Center.The project included classrooms,multi-purpose rooms,exercise
Califomia#54182
� and wellness center, kitchen,etc.Kim was requested by the City of Newport
• Qualified SWPPP Practitioner Beach to be the project manager as a result of her pertormance on the
. (QSP),certificate 24374 Newport Beach Community Center Project.
- Newport Coast Communtty Center,Newport Beach,CA:Project Manager
providing CM Agency services for the 17,000 SF community center for the City
` of Newport Beach. Project included a gymnasium,community rooms,a lobby,
restrooms and a warming kitchen and consisted of block masonry and wood
=� frame construction.
_ Painted Turtle Camp,Member of SerlousFun Camps,Lake Hughes,CA:
As the Project Manager for Gordon&Williams General Contractors, Kim
- was responsible for the construction of a 21-buiiding,$23 M,camp for
chronically and terminally ill children.The camp included a dining hall, kitchen,
J gymnasium,pool&sauna,arts&crafts buildings,administration building,
living quarters for staff,12 bungalows for children,boat house&dock,
_ horse stables,pre-fabricated bridge and extensive site work. Duties included
� preconstruction and construction phase services.
: Ads3itional �"ielevant Expe�ience
• IC Project Manager for$40M Dodger Stadium Renovation, LA,CA
_ • GC Project Manager for$23 M Painted Turtle Camp including multi-purpose
" room,kitchen,cabins,outdoor recreation facilities
Attachment B-Page 63 of 88
-- �kkwork� �. ������t ����
` Construction Manager �to� �e�ha�dt, Lic.GCo Mr.Gerhardt has 30 years of
_ experience in the construction and real estate industry with a focus on new construction,modernization,and
renovation work for institutional,commercial,industrial,and residential structures.Starting as an l�ssistant
`� Field Superintendent,he has progressed through every phase of design and construction management
r�� including Architectural Draftsmen,Superintendent,Estimator,Project Manager,and Branch Manager.
Mr.GerhardYs unique set ot skilis and strong team leadership are a benefit to clients,combined with an
' intuitive ability to assist and lead diverse groups of owners,architects,design groups,consultants,facilities
V staff,maintenance staff,inspectors,field superintendents,and inspectors to achieve shared goals for
successful projects.
- �ackground Relevant Expepience
'' • AA,Architecture, Rio Hondo Perris Valley Aquatic Center,County of Riverside,Indio,CA:
College,Whittier,CA Construction Manager for a new 18,000 SF building program with
- three primary pools.The design-build Aquatic Center project includes
• Licensed General Contractor,
' a 50-meter competition pool,activity pool,continuous river,multiple
California#565545 .;Yr. �
slides and double flowrider.On-site parking provides a minimum of 252
• Safety certificates and training: stalls,lighting,hardscape,landscape and off-site improvements.The
-' project design-build was designed to meet LEED Silver certification.
j� - LAUSD Owner's Authorized Construction cost:$25 M.Eastern Valley Center,College of the Desert,
Representative Training Indio,CA:Construction Manager for new 41,00 SF,four-story,off-site
Certification center and parking lot in downtown Indio.Construction cost:$15 M.
- LAUSD JOC Certification
- - Expedition P3 Eastside Public Safety Training Center,Victor Valley Community
Y - OSHA Certified Training Course College,Victorville,CA:Construction Manager for new 46,000 SF , �
- American Red Cross Certified training facility.This new facility is used for training firefighter,police
- in First Aid and CPR officers,paramedics and emergency medical technicians.The project
was designed to meet LEED Gold certification.Construction cost:$25 M.
.. Orange Coast Coliege Soccer Field,Coast Community College
� District,Costa Mesa,CA:Project Manager for the construction of a new
- soccer stadium facility.Project included demolition,grading, irrigation,
. • landscaping,hardscape,seating areas,new artificial turf with drainage
system and relocation of the Coast Community College District Recycling
'"� Center.Construction cost:$1.5 M.
Roberts Pavilion Fitness and Athletic Center,Claremont Coilege,CA:
-�� Construction Manager coordinating make ready phasing prior to the
construction of a new 100,000 SF Fitness and Athletic Center in a fully
✓ operational campus. Project has a LEED Platinum goal.
l�
Attachment B-Page 64 of 88
� �kkwork� �a ����������.�
� Senior Estimator �teve �aan�a, PhD, cp�, LEED AP,DBIA: Mr.Dunn has over 30 years
-- of general administration, project management,construction management,and general contracting with 10
years direct accountability for the general administration and supervision of division activities.Management
experiences include strategic planning,management reporting,cost control,contract negotiations,claim and
� claim review,and establishing and imp{ementing policies and procedures.
_ �ackgrouncl Relevant Experience
• PhD, Business Administration, Oasis Senior Center,City of Newport Beach,CA:Prepared cost estimate
- California Coast University, for new 35,000 SF LEED Silver Senior Center.The project includes
� Santa Ana,CA educational classrooms,an exercise and wellness center,and a kitchen.
Project phasing was critical to ensure minimal disruption to staff.
� • MBA,National University,San
Diego,CA Pe���s Valley Aquatic Center,Riverside County Economic Development
`' Agency,Perris,CA:Prepared costs estimates for state-of-the-art,water-
• BS,Architectural Engineering, efficient,Design-Build project.The new aquatic center project is located
- California State University,San on 12-acres.
Luis Obispo
` Indio Education Center,College of the Desert, Indio,CA: Director
. • Designated Design-Build of Preconstruction Services for the design of a LEED Silver,2.5 acre,
Professional(DBIA),Design- 40,000 GSF building,which houses 16 classrooms,two labs and
� Build Institute of America administrative support services. The 41,000 GSF LEED Silver(goal)
— • LEED Accredited Professional Project is a collaboration with the City of Indio and the college to
redevelop Indio's downtown district.Construction cost:$15.0 M.
. • Certified Professional Estimator
, (CPE 1.4-000613-0209) The Robert and Beverly Lewis Outpatient Pavlllon,Pomona Vailey
" Hospltal Medical Center,Pomona,CA: Principal-in-Charge to provide
• Member, Project Management architecture,interior design,and construction services in a single-
Institute source design-buiid.This three-story,55,000 SF building houses
�fj • Leadership Effectiveness exam,treatment,education space,offices,physical therapy,cardiac
.. Training rehabilitation,pediatrics,neurology,and outpatient surgery.This project
is being implemented using an integrated project delivery approach,
� • Board of Directors,St.Clare's and "revit"building information modeling software,and is pending LEED
Homes(2002) Healthcare certification. Project cost:$19.6 M.
Pferce College Maintenance and Operations(M+0)Building and
� Central Plant,Los Angeles Community College Distrlct,Woodland
� Hills,CA(2009-11): Estimator for Design-Build services for this project �
�;, (Primavera 6),which includes a 53,000 SFfacility and an approximate
� 80,000 SF inaintenance yard.Also responsible for the integration of
the"net zero"central plant.The building is currently pursuing LEED
_ Platinum certification.Construction Cost:$22.6 M.
��
Attachment B-Page 65 of 88
�' �kkwork� I). P�roj�c#Teari�.
��� � Senior Scheduler E��. �l�aae Edd has 26 years of experience maneging public,private,and
�—� government contracts.His wide range of experience includes being a licensed working general contractor for
� more than five years. Edd is familiar with all construction trades and project phases,including locating,bidding,
s purchasing,managing,and closeout.He has extensive knowledge of governmental processes,working with
:, owners,architects,and construction managers.His last six years have focused on project controls:scheduling,
documentation,and virtual construction.His construction background provides unique abilities and insights
�' into creating and updating a wide range of schedules. Edd has created hundreds of schedules ranging in type
and magnitude from one million to one billion dollars. He can produce overview milestone schedules to detailed
_ construction schedules by studying the plans.Edd reviews schedules for several government agencies,including
' the Counties of Las Angeles and Riverside.Edd marries his schedule skills with the virtual model,producing 4D
_� schedules,giving the ability to validate,in 3D form,phasing,spacing,and construction sequencing.
`� Background Itelevant Projects
• Senior and Honor Level in Oas1s Senior Center,Newport Beach,CA(2005):Scheduler(Microsoft
Psychology,California State project)for our CM agency services for the new 35,000 SF facility
— University,San Bernardino prepared detailed bid schedule and pertormed analysis of the contractor
�' • Construction Technology Primaveri 6 schedule. The project includes educational classrooms,an
�, Certificate,Orange Coast exercise and weliness center,and kitchen.This is a LEED Silver project for
Coliege the City.Construction Cost:$12.3 M.
J
_ • Coursework: Newport Coast Community Center,Newport Beach,CA(2011):
Scheduler(Primavera 6)for this multi-use building adjacent to a
- Primavera Scheduling
�) community park,which includes a gymnasium and assembly hall,
- - Primavera Contract Manager
recreation office,public-use kitchen,and an outside amphitheater.
- Autodesk Virtual Construction
u� Construction Cost:$8.5 M.
'J R10 Hondo Coliege,Whittier,CA:Sr.Schedularforfour projects during
�_; Bid,Construction and Close-out phases.Cost:$19 M:
• Demolition and Mass Excavation Project.
� • Student Services Center,35,000 SF,three-story new construction.
• Student Union Center,15,000 SF,two-story new construction.
• Quad Project,three-acre campus quad.
_.-�
J Camino Nuevo K-8 Charter School,Los Angeles,CA:Scheduler for the
construction of a new K-8 charter school with full compliance to DSA.The
�' school included over 90 modular units with ciassrooms,food service area,
�.f
multipurpose room,and a foundation system with 75'-100'deep concrete
piles.Site included large concrete retaining walls,synthetic turffield,
;..� basketbali court,concrete parking lot,landscaping,and new utilities.
Attachment B-Page 66 of 88
-- �kkwork5 D. Projec#Tearri
Labor ��agap�nan�e�nalyst � Casaxnag Groaap, Y,L�
-� Monique Powell: Ms. Powell has extensive experience providing Labor Compliance services which
�� include working with contractors to collect and audit payroll documents,conducting weekly site on-site worker
.,J
interviews,participating in project meetings,and in investigations of alleged labor compliance violations to
� assure Eotal restitution. These Labor Compliance services also include preparing monthly reports,conducting
, research,and enforcement in compliance with the California Prevailing Wage Code and the Federal-Davis
v Bacon Act. Ms.Powell also has experience managing communication between company executives,project
_. managers,and clients,and maintaining accurate records of documents received from contractors on a daily
basis. She is also very experienced with LCP Tracker,the Labor Compliance software presently being used by
� Metro, LA County and other public agencies.
J
�i
Background Relevant �xperience
• Software Los Angeles County Internal Services Department(ISD),CA
_ Ms. Powell is the Compliance Analyst providing all labor compiiance
• Advanced knowledge of Eucel,
services for the LA County ISD's Federal Energy Efficiency Program
.: PowerPoint, Keynote,and Word.
projects,all of which are subject to the Federal Davis-Bacon Act.
..) • LCP Tracker Labor Compliance Currently this includes over 30 County facilities with individual contracts
--� System
�' Los Angeles County Metropolitan Transportation Authority(Metro)
- • University of California at Ms. Powell is the Labor Compliance Analyst for the construction of the
� Riverside . Universal City Pedestrian Bridge in Universal City.
�
' • Communications(2010)
City of Norwalk Transportation Authority,Norwalk,CAMs.Powell
'' served as the Labor Compliance Analyst providing monitoring,audits,
y� enforcement and reporting of contract labor compliance on the
construction of its Compressed Natural Gas)CNG)bus fueling facility.
� This project is subject to the Federal Davis-Bacon Act.
Camino Nuevo Charter Academy,Los Angeles,CA
_ Ms.Powell is the Compliance Analyst providing contract Labor
- Compliance services for this Charter school project. Contractor
� compliance was audited,monitored,enfoYced and reported in
� accordance with the State of California's compliance regulations.
'�
}
:/�
Attachment B-Page 67 of 88
-- �kkwork� �, �'irzn F�.a9��xrG2s / �'echr.icai C�,pabilitie�
F°nraaa �esmur�es/�'ec�nacal Ca�s�bala�aes
� gkkworks'approach to all projects involves a collaborative team approach from preconstruction through project
,_ closeout. Our experience has shown that the most successful projects are ones that enlist active participation
�, in which all parties are engaged and work as a team. As an integrated firm that provides planning,design,
� construction management,and general contracting services,we recognize the value of a coordinated effort
� and manage our projects with that mindset.
Our firm has the necessary resources and technical capabilities to manage all aspects and phases of the
project. Ourteam has managed similartypes of projects and has extensive design-build experience. Perhaps
_ the most unique value that our team will bring to this project stems from our firm's culture and company
- structure.We have been a leader in design-build for over 20 years with four members of our firm certified with
DBIA. Having the in-house capability to design and construct has allowed our firm to refine our process on how
� to best perfect the design-build project delivery method.
�- i, Firrra's �rojec� Approach
` PHASE 1 '
Shared Vision and Team Approach
Our initial engagement will include gaining immediate understanding of the program requirements and
' conceptual design as well as comprehensive knowledge of existing conditions at Shaffer Park. gkkworks
� realizes that a projecYs success lies in the ability of all team members to work together in an open and
_ cohesive work environment,and establishing a united line of communication is a key element for the success
- of any project. We begin the process with a project"kick-off"meeting where we gather the team to take a
L macro-level look at the project at hand.Through facilitated discussions,we identify the overall potential of the
project,while aligning views on subsequent project processes.The intent is to emerge from the meeting with
- a sense of shared vision, understanding the City's objectives.We become fully versed with requirements and
procedures by establishing immediate dialogue with relevant City stakeholders as well as outside regulatory
entities. We have completed multiple projects with the City of Orange and enjoy good relationships with
_ various City departments and regulatory agencies in the area.Our team's past experience with the City and
- its processes will benefit the project.Our success on similar projects points to our ability to meet, listen,and
� understand essential requirements.
Developingthe RFP
�" After clarification of the goals for the facility and your goals for the delivery of this project,we will develop the
w necessary components to effectively communicate your program requirements,standards and performance-
based requirements and prepare the RFP.Understanding and developing your preferences within the design-
� build approach,and the relative risk-sharing preferences of the City of Orange,will inform the content of
the RFP. There is a range of design-build documentation that can be used for procurement,and the choice
�;.
and configuration of these processes signals the City's approach to implementing this project.The nature of
1 prequalification,_the involvement of subcontractors,how price and risk are defined(both contractually and by
�,
Attachment B-Page 68 of 88
r.S
% �kkwork� £, �'ixrn Iieso�axces / Tachnical C�pabilities
_,
,
�
r
J the extent of prescriptive or descriptive requirements)are all possible items to consider.The RFP Document
�
,J will provide clear and thorough definition of guidelines,contractual obligations,schedule,and communication
� expectations. gkkworks recognizes the value of a Design-Build delivery format and believes this transparent
process promotes a best value/best practices approach to project delivery. Assisting the City team through the
�; RFP phase of the project will allow our team to not only get more intimate with the project but to also provide
� guidance to the City team as we work together to outline the process and deliver the necessary material within
a timely manner.
�)
� �reliminary Master Schedule
��� We will prepare a preliminary master schedule that includes milestones for the Phase I RFP process and Phase
y j II Preconstruction and Construction. As the project progresses through Phase I and Preconstruction,we will
prepare a weekly listing of any key decisions that must be resolved and the specific design and project planning
:: work that must be completed. Progress is tracked against these weekly deliverables;slippage is mitigated and
�� proactively pursued to move forward per the Work Plan.We are strong proponents in bringing stakeholders
��
together early and often—whether via electronic,web-based tools,virtual sessions or face to face meetings.
Design-Build Selection
�J
gkkworks will assist in the selection of the design-build firm,from prequalification through technical
✓ assessment of the proposals. We will present a list of potential proposers and coordinate distribution of
-�
documents to proposers.We can provide systemic scoring methodology and proposal assessment as well
-' as other proven methods leading to higher quality design-build proposals that are well-aligned with the City's
objectives.Each design-builder wiil be investing a significant effort in your solicitation. As they develop their
proposals and need confidential feedback,we will provide the necessary feedback to help ensure their
- proposal remains"on-track".This input is.extremely beneficial to the City as it supports proposals that meet
�� and exceed the project goals. In addition to responses to RFIs,we will work with City staff in providing technical
evaluation ofsubmitted proposals and participate on an evaluation committee.We will assist with conducting
`.� the pre-proposal conference,distributing documents,checking references,and issuing any necessary
;�f addenda;we will engage in negotiations and contract discussions. We will readily share information with the
J City as this process progresses.Whether for a$4 M or a$200 M doliar project,the design-build RFP processes
� we have developed with other pubiic ciients have led to the unprotested selection of Qualifications Based, Best-
-�
Value proposers.
✓
� PHASETWO
PRECONSTRUCTION PHASE .
1
Gkkworks will collaborate and monitor the design so that it is in alignment with the City's criteria documents
'� and in conformance with the Budget.We will manage the process,protect the City's best interests,
l communicate in a timely and effective manner,and make sure the process is documented properly. In order to
,�
� accomplish Preconstruction Services,the following approach and tasks are included.
�
il �
�
Attachment B-Page 69 of 88
�
-' �kkwork5 ._- E. Firm �ssources 1 "�'echslica� �apa3�ilities
r�
�� Review Deslgn Documents
`' gkkworks will be reviewing design documents for conformance and adherence to the project vision,program,
-� planning,and design intent and to confirm acceptability of building systems inciuding:Structural,Mechanical,
"' and Electrical.The review of documents also involves analyzing the design documents for constructability
� purposes. Our review process helps to bring to light conflicts or challenges that may not be recognized by a
typical design quality assurance review. Gkkworks strongly feels that reviewing constructability of the project
—� during design can lead to a higher quality,more cost effective project. Our experience as general contractors
�� proyides excellent insight in these reviews.
�� Cost Estimate Review and Cost Control
�� Strict conformance to the Budget is accomplished by continual maintenance of drawing development and
V by reviewing estimate updates. Our experienced staff is able to assist in providing input for evaluating
R% architectural alternates and materials when needed.We will work hand-in-hand with the Design-Builder to
-�� recommend value engineering suggestions regarding materials and building systems as appropriate.
�
�� Schedule Oversight
.-.� We will analyze the progress of design and any required deliverabies on a weekly basis and compare to the
'" target milestones established in the Preliminary Master Schedule. We will coordinate with the Design-Builder
�; to have them prepare and submit their Project Schedule. In addition to schedule review by our Construction
_ Manager and Project Executive,our senior scheduler,Edd Olha,is very experienced at running analysis of a
1
� schedule to evaluate the critical path,proper link between tasks,float time,etc.
..,
✓ Quality Assurance
�,
� It is important to note that Quality Assurance starts on Day One and is important during the preconstruction
'J phase as well as during construction. The primary objective of gkkworks Quality Control Program is to
ensure the work is performed consistent with the City's expectations.Quality Assurance begins with open
�
� communication between all Project Team Members. gkkworks begins by implementing a document
� review process,facilitating meetings for the purpose of coordinating drawing and specifications,verifying
site conditions,and reviewing drawings and specifications at pre-established milestone dates. For critical
�� assemblies or finishes in the field,gkkworks will coordinate with Design-Builder to establish requirements for
� project mock-ups to determine and document the quality level of the project components.
j Additional tasks include:
• Coordinating and conducting the pre-construction kickoff meeting and subsequent meetings.
� • Overseeing the development of project standards,technicai specifications,FF&E standards and
�� procurement.
• Coordinating with the City and Design-Builder to provide input on acceptable use of materials and
} finishes.
�
,
)
Attachment B-Page 70 of 88
�j .
:� �kkwork� �. Fi�m Reso�rces l �'echnical Capabiii�ties
�, -
��
`" • Coordinating responsibilities for safety,insurance,bonds,certified payroli,and temporary facilities with
✓� Design-Builder and ensuring they include the appropriate requirements for Subcontractors.
., • Providing logistics planning. Ail project sites have unique characteristics and challenges. gkkworks'
�' role in logistics planning is to coordinate with the Design-Builder to develop a plan which addresses
`� safety,access and egress,protection of workers and residents,and protection of existing
y improvements and infrastructure. We recognize the importance of safety and the sensitivity of this
-�
�; project being located in close proximity to residential neighborhoods.
• Managing and overseeing AgencyApprovals.
L� • Assisting the City with selection of consultants who are not part of the Design-Build team,such as
_�' special inspection and testing firms.
�
�
J CONSTRUCTION PHASE
�,% As the Construction Manager,we will provide management of the construction to ensure the completion of the
� project in a timely manner and within budget,and ensure quality of work. This will be accomplished through
the following approach and completion of tasks:
�
)
� Cost Control
gkkworks has established methods for tracking costs,reviewing and processing change orders and progrgSC
✓°� payments,and providing monthly cost summary reports. Cash-flow reports and forecasts will also be provided
as needed.With the design-build delivery method,certain risks and exposure to change orders are shifted
� from the owner to the Design-Builder. However,there are still reasons that the City may experience cost
�
��� impacts such as: unforeseen site or operational impacts,inspection interpretation,and owner requested
J
changes. We will review any change order requests in a timely and thorough manner. Controlling cost is
;� crucial to the success of the overall project. We will establish change order logs to track change order requests
-;-� and approvals. Our experienced and knowledgeable staff is capable of developing customized tracking
`� and reporting methods necessary for the needs of the project. Cost control begins with understanding the
� design intent,knowing the plans and specifications,ensuring the Design-Builder assembles complete bid
- package documents,and understanding the processes/mindset of design-builders and contractors. We pride
' ourselves on performing this aspect well. To a large degree,cost control during construction depends on
J proper scheduling,field coordination of trades,timely information flow and a proactive and creative approach
_ to soiving problems. Our detailed coordination efforts result in doing it right the first time. Our team approach
..
�' to problem solving helps prevent delays and therefore controls costs. We will also closely review and monitor
_� payment application requests, releases,and payments to the subcontractors. Timely payment to the various
contractors promotes a productive environment. Ensuring that all of the required documentation and releases
=� are submitted protects the City's interests. •
��
�
�3
�
Attachment B-Page 71 of 88
, �J
:� �kkwork5 £. �'itrn �esou�ces l T�chni�al �°anabilities
� ,
�� Project Schedule
;;) gkkworks will review the Project Construction Schedule including baseline schedule and monthly updates,
„� and coordinate any necessary recovery schedules with Design-Builder.Gkkworks will coordinate with the
� Design-Builder to ensu�e they submit three-week look ahead schedules for review at each weekiy meeting.
� Procurement submittal logs will also be reviewed to ensure material procurement stays on track. gkkworks
.�
has an outstanding reputation in completing projects within budget and on schedule. gkkworks success is a
� combination of our work force and the project control tools that are used to monitor and control the project
� schedule.
��
:.y� Document Control
Thorough and organized documentation is also key to ensuring successful completion of the project and
�
a smooth transition of the project from contractor to owner. The Document Control System will organize
,� documents collected during the life of the project(s)and provide the database recording of all project
documentation to allow tracking,retrieving,and cross referencing of project information.gkkworks will
,} coordinate with the Design-Builder to upload and track documentation on a shared web-based system. The
R} City will also have access to the system to obtain real-time information of any aspect of the project. All plans,
�
� specifications,submittals,RFIs,contracts,change orders,certified payroll,reports,certifications by the
surveyor,etc.will be uploaded and maintained on the system. Special password protection can be established
� to limit access for any sensitive documents. Gkkworks requires that a"Current SeY'of plans be uploaded and
�J
maintained electronically. Any RFIs or changes to a plan sheet will get incorporated into the Current Set. This
�-�� helps to ensure the contractor is building from the most recent information and eliminates potential mistakes
'+ in the field and installation based on old or missing information. In addition,we monitor as-built updates on a
J monthly basis(and more frequently as appropriate)and link the requirement for as-buiit review to the monthly
��
payment application review.
�
, ;
� The Construction Manager will document the progress of the project with photos and maintain copies
.,,
;) electronicaliy for the City's use. It is important to maintain a historicai record of the work through photos in the
,':}
event issues arise later in the project or verification of particular installations is desired.
'`. Submittal and RFI Management
� In providing RFI and Submittal Management,Gkkworks will review Requests for Information(RFis)and
''' Submittals for conformance with the project documents. This includes review of shop drawings,product data,
� samples,mockups,etc.It is important for the Construction Manager to review submittals in the interest of the
City to ensure consistency with specified manufacturers and materials and ensure quality of work. gkkworks
� will coordinate with the Design-Builder to prepare a submittal log and track procurement of materials and
ensure long lead items are properly scheduled. We take a proactive approach with RFIs in coordinating with
J
the contractor to present a solution as part of a RFI submission. Ron Gerhardt and Kim Harvey's experience as
� general contractors and Kim's experience as a civil engineer are very effective in helping to resolve field issues.
� _
�
Attachment B-Page 72 of 88
�
,.J
�-� �kkwork5 E. �'�ran Resources l Technical �apabilities
r�
�
�
`- Given that the Design-Build team will be reviewing and responding to RFIs internally with designers as part of
J their team,it is ourjob to remain actively involved in reviewing every RFI and ensuring all RFI responses comply
with the City's interests and that we obtain City input when owner related decisions are needed.
l'j .
"� Progress Reporting
The Construction Manager will prepare monthly progress reports that identify the status of the budget and
� schedule and identify issues and proposed solutions. The report will identify actual costs in comparison to
� the Budget and•identify any variances or anticipated adjustments.The intent is to keep the City informed at all
i
times as to the status of the overall budget and ensure the costs are properly managed.Detailed information
_'� regarding percent completion,change order logs,and schedule updates will be included.These reports can be
- customized as desired for the City's use with staff reports to Council.
� Quality Assurance
As construction begins,gkkworks reviews the quality ofthe construction on a continual basis,observing
`"� materials,equipment,and installation of work. The Construction Manager shall document any non-
� conformance and shall coordinate directlywith the Design-Builder to provide notification of any non-conforming
work and track corrective work. Construction Manager will also inform the City and Inspector of Record.
�l
� In addition,the foliowing tasks will be completed:
• Overseeing and coordinating installation of temporary construction facilities.
� • Coordinating with the Design-Builder to ensure necessary permit approval process and utility
- coordination with the governing agencies. We will also work cooperatively with city inspectors to
✓ administer the inspection requirements of the City of Orange and other agencies with jurisdiction.
�% • Verifying prevailing wage compliance,collecting and reviewing certified payroll,conducting weekly
��, interviews,verifying that trade personnel on the daily log are also in certified payroll,and checking for
J
valid City Business License. In addition,the labor compliance specialist will conduct a Preconstruction
„�a Conference via conference call or webinar to provide training and information on LCP requirements
._y including providing handout materials for all contractors and subcontractors. To ensure wages are within
- compliance and protect the City's interests,additional steps beyond auditing the payrolls need to be taken.
,; Our compliance analyst witl confirm that all contractors working on the project are registered with DIR as
� they must be registered with the DIR prior to submitting a bid;provide monitoring of all Apprenticeship
-� Requirements;collect and review all DAS-140 and DAS-142 forms;and review that appiicable
� apprenticeship ratios are employed,correct wages paid,and training contributions made(CAC2 forms).
• Verifying valid City Business License and adherence to safety programs;collecting and forwarding
% insurance,bonds,and releases;and posting of required prevailing wage notifications.
;-�, • Ensuring the Design-Builder and all subcontractors have safety programs in place and proper Injury
and Illness Prevention Program documentation atthejobsite,and that they conduct regularsafety
� meetings.
��
�
�t
Attachment B-Page 73 of 88
i
--� �kkwork� £. �'irm Resouxces / Tech�.ica1 �a�ahiiities
�,
� • Conducting weekly progress meetings.Teamwork and communication are essential components to
^; a successful project. Gkkworks will facilitate the weekly meetings and ensure all important items are
..1 being reviewed and addressed,as well as distribute timely documentation of the minutes.Through
`'� cooperation and dialogue,success for both the City and Design-Builder can be established.
� • Providing coordination and assisting in the selection of consuitants who are not part of the Design-
Build team,such as special inspection and testing firms.We will also coordinate receipt of any owner
°'}
� Furnishings,Fixtures,and Equipment(FF&E)and installation by the Design-Builder as appropriate.
V; The Construction Manager will coordinate the work by any vendors that may be hired by the City.
• Organizing and coordinating preparation of the punchlist,and tracking and coordinating completion of
-} punchlist items. We will proactively address issues as they arise to minimize items on the punchlist at
^, completion of the project and will work with the Design-Buiider's superintendent to create a "Pre�punchlist"
✓
to immediately identify and address issues. In addition,we will coordinate with the Design-Builder to
� ensure proper startup and testing of all systems, utilities,and equipment,and coordinate and assist with
�.,
obtaining Substantial Completion and Certificate of Occupancy.
J PROJECT CLOSEOUT
� The closeout process is an important aspect of the project that ensures the City receives all proper warranties,
operation and maintenance manuals,as-builts,attic stock,training,conditional and unconditional releases
� for final payment,etc. We will be coordinating this process to ensure the Design-Builder provides ali of the
necessary documentation,materials,and training.We will assist with collecting all necessary releases and
� processing final payments. We create thorough checklists to ensure receipt of all items. We will engage the
j�t Design-Builder to start preparing the closeout package in advance of project completion so information can be
disseminated in a timely manner to the City.
_�
-.� WARRANTYPHASE
As the Construction Manager,we shall assist the City with any warranty issues during the one-year warranty
� period. This shall include providing notifications to the Design-Builder and relevant subcontractor.We will
�-� establish up a warranty service request form that we complete any time we are notified by the City of a warranty
" request. We will schedule and monitor repair work where necessary,and we will contact the City to make sure
;� the warranty work is not conflicting with any scheduled activities at the facility. We also recommend a Post
Construction Maintenance Walk near Day 300 of the warranty period to actively inspect the entire project site
`� for an
y potential warranty issues prior to the end of the warranty. We wili coordinate the walk and assist in
;j documenting and addressing any issues identified on the walk. We have pertormed this service on numerous
,� projects,including the Steve Ambriz Memorial Park in the City of Orange,and find it to be beneficial for the end
users and City maintenance personnel. The Cast Proposal will address recommended allowance/pool of hours
1 to address warranty work.
,
;l
h)
l
W°
Attachment B-Page 74 of 88
��- �kkwork� �, �'3xrr� �;e�o�.xce� l �i'echzxical Capabi�ities
TEAM ROLES
� Our proposed work plan is a coordinated effort amongst our team members. Ron Gerhardt is the proposed
.�'
Construction Manager who will be responsible for management of the project and the day to day tasks and
�� responsibilities. He will provide the onsite supervision during the Construction Phase. Kim Harvey will serve as
�' the Project Executive. She will provide oversight during all phases of the project and will attend various design
�, and coordination meetings along with the weekly progress meetings during construction. Stephen Dunn is
`" the Senior Estimator responsible for cost estimating services. Edd Olha is the Senior Scheduler who wili be
" providing the detailed analysis of the Design-Builder's Project Schedule,including various analysis reports. In
_ addition,the firm has a depth of resources and staff that are available that possess a wide range of technical
�- capabilities.The itemized assignment of various tasks and roles can be found in Section G of the Proposal with
'� the Resource Allocation Matrix.
�/
-- ii. Experience Nian�ging Des9gn-�uild �r�ject�
_.
_ gkkworks is a premiere construction management firm for Design-Build projects.For over 21 years our team
members have successfully engaged as designers,constructors,and construction management professionals
__ to successfully deliver projects utilizing Design-Build,as well as other delivery methods that support concurrent
collaboration of constructors and designers. As an integrated firm that provides planning,design,construction
`� management,and general contracting,the collaborative process of integrating design with construction
,:,i is inherent in our company philosophy.We have four members of our firm certified with DBIA. gkkworks
_ has applied this design-build expertise by providing construction management service that includes the
` development of all associated RFP processes and contract forms at the Harbor-UCLA Surgery Emergency
� Replacement Project,the Victor Valley Eastside Public Safety Training Center,the Perris Valley Aquatic Center;
the Riverside County Regional Medical Center Warehouse and Plant Operations Facility,and the Orange County
-� South County Courthouse,among other projects.
y Ron Gerhardt,the proposed Construction Manager for this project,was the Construction Manager for the
�-- Perris Valley Aquatic Center design-build project,in which gkkworks was hired to provide design-build bridging
documents as well as development and oversight of the design-build procurement strategy on the County's
behalf with follow on construction management oversight for the duration of the$22M aquatic center. After
` the bridging documents were completed, Ron and his team developed a two-step RFQ and RFP process to
help secure the successful design-build team. The RFQ process consisted of firm qualifications and financial
� information so the County could develop a pool of highly qualified design-build teams who possessed aquatic
� center competency as well as financial solvency. Once the list of qualified firms was selected,Ron and his
_ team,afong with the County,developed a set of design-build selection criteria that placed weighting on each of
" the five design-build procurement criteria. Each criteria was weighted in accordance to the importance placed
on each bythe County. Once proposals were accepted by the County's team, Ron facilitated the selection with
the County stakeholder team to ensure the process was followed in accordance with the public contracting
-"� code and design-build contracting laws. This process from inception to completion took three months. The
-' ,
Attachment B-Page 75 of 88
J
. �kkwork� � �, g'irm Resflurces l Technical tC�pabi�iti�s
.
J
1
" result was a successful procurement process without protest that allowed the County,in a very tight time
constraint,to procure and select the successful design-builder meeting their project funding deadlines. After
the procurement process was successfully completed,Ron's role as the construction manager took form in
�' which he was not only invoived in various design management elements of the project acting on the County's
; behalf,but he also became the fuli time construction manager for the project once construction commenced.
Ron's key objective during this portion of the project was to make sure that the project was built to the owner's
�
-' criteria ensuring quality,cost and schedule commitments made by the design builder.
� Kim Harvey,Project Executive,has provided construction management services on projects with all types
� of delivery methods including Design-Build projects such as the Riverside County Regional Medicai Center
, Warehouse and Plant Operations Facility,Construction Management at Risk,Construction Management Multi-
v Prime,CM Agency,and traditional Design-Bid-Build. Her background as a licensed engineer,working in design
; for several years,enables her to effectively communicate with designers and engineers and understand their
'l
process.She has served as an Owner's representative while working for the City of Lake Forest and the City of
' Santa Monica as a contract consultant. She also has 10 years of experience working as project manager for
y a general contractor. Having lived in the shoes of the owner,designer,construction manager,and contractor
� allows her to understand the big picture,foster a cooperative team environment,and work in the City's best
�' interest. She will work directly with Ron in overseeing the successful completion of the project.
�
Stephen Dunn,Senior Estimator,has provided Preconstruction Services including detailed budgets and
�j estimates and planning on a multitude of design-build projects including Harbor-UCLASurgery Emergency
Replacement Project,the Victor Valley Eastside Public Safety Training Center,the Perris Valley Aquatic Center;
the Riverside County Regional Medical Center Warehouse and Plant Operations Facility, Pomona Valley Hospital
J Medical Center Outpatient Pavilion,and the Orange County South County Courthouse.Stephen is a DBIA
-, professional.
�J
J Edd Olha,Senior Scheduler,has prepared and analyzed hundreds of schedules over the course of his career
��
including schedules.on design-build projects such as UCLA Surgery Emergency Replacement Project,the Victor
'' Valley Eastside Public Safety Training Center,the Perris Valley Aquatic Center;the Riverside County Regional
, Medical Center Warehouse and Plant Operations Facility,Pomona Valley Hospital Medicai Center Outpatient
J
Pavilion, Pierce Maintenance and Operations Building,and Irvine Valley Coliege A400 Classroom Building. He
� is able to build preliminary schedules from conceptual design as well as detailed accurate Project Construction
j Schedules. He understands the building process and is an expert with several scheduling software programs.
�'
�1
V
l�
V
�
v`
Attachment B-Page 76 of 88
� �kkwork5 �, fix�t�t �e�o°�rc�e� l �'e�hnical �ap�.�3l:itie� -
iBe. �et�iled ���t �u�g�t� and Estim�tes
�- The process of Cost Estimating is accomplished by utilizing the gkkworks estimating staff,which counts over
one hundred years of combined practical, hands-on experience,establishing the cost of construction projects
worth hundreds of thousands of dollars to projects worth hundreds of millions of dollars. Project experience
�.% fits into a wide variety of disciplines,inc{uding education,healthcare,institutional,laboratory facilities,
- biomedical,entertainment,and commercial. The gkkworks Cost Estimating department has produced nearly
$750,000,000 of estimates over the past few years. Our Preconstruction Director/Senior Estimator,Stephen
„ Dunn,has over 30 years of construction management and general contracting experience,with 10 years direct
accountability for the general administration and supervision of division activities. He has extensive experience
` in preparing estimates from conceptual estimates to detailed construction estimates,as well as management
` experience with strategic planning, management reporting,cost control,contract negotiations,claims and
_ claims review.
iv. Construction Manag�r��nt Experaen�� �aa Paab➢ic Works �rvject�
One of the core areas of service for gkkworks has been the public sector inciuding government and healthcare
projects.Gkkworks has provided construction management services on numerous public works projects for
i over 21 years. Just to name a few,we have completed multiple CM projects with the County of Los Angeles
(in addition to individual projects,gkkworks has a CM as-needed contract that has been ongoing since 2011
., with all aliowable extensions being exercised),County of Riverside(Marion V.Ashley Community Center, Perris
Valley Aquatics Center,Big League Dreams Sports Park,County Detention Facility Retrofit,Mead Valley Library,
_ Mead Valley Community Center,and Cabazon Library and Community Center),City ofAnaheim(3 low income
_ housing projects,a gas remediation site,and street improvements),City of Newport Beach (two community
. centers and a fire station), Riverside Community College District(turf soccer field,concession building,and
" parking lot),Rio Hondo College(student services/student union building),Golden West College(pool and
locker room renovation),and Irvine Valley College(laboratory and classroom building). Ron Gerhardt has
_ more than 30 years of experience in Construction Management,of which most of his background has been
� supporting public municipalities and local school district building programs.Starting as an Assistant Field
Superintendent,he has progressed through every phase of design and construction management including
Architectural craftsmen,Superintendent, Estimator and Project Manager.Ron's unique set of skills and strong
- team leadership are a benefit to clients,combined with an intuitive ability to assist and lead diverse groups of
owners,architects,design groups,consultants,facilities staff, maintenance staff,field superintendents,and
inspectors to achieve shared goals for successful projects.Additionally,communication with the surrounding
,, community will also be very important.Ron's sensitivity to surrounding neighbors and his focus on quality
, construction are differentiators.Issues such as contractor parking,site material deliveries,dust,and noise
� control will be carefully managed. In addition, Kim Harvey's 22 years of project management experience
_ include 10 years managing Public Works Projects and an additional 3 years providing contract engineering
services for public agencies such as the City of Lake Forest and City of Santa Monica.
.,
Attachment B-Page 77 of 88
..� �kkwork� �, �'�rm �e�ouxces 1 �'e�hni�al �a�a�,ili-ta�s
_.. v. Scheduling �t�view ana� Variarace An�ly���
�,.
L� Our Senior Scheduler, Edd Oiha,has 26 years of experience managing public,private,and government
r�: contracts. His wide range of experience includes being a licensed working general contractor for more than
''� five years. Edd is familiar with all construction trades and project phases, including bidding, purchasing,
.,% construction,and closeou�He has extensive knowledge of governmental processes,working with owners,
, architects,and construction managers.His last seven years have focused on project controls:scheduling,
" documentation,and virtual construction.His construction background provides unique abilities and insights
J into creating and updating a wide range of schedules.Edd has created hundreds of schedules ranging in
type and magnitude from one million to one billion dollars. He can produce overview milestone schedules to
- detailed construction schedules by studying the plans.Edd has reviewed schedules for several government
, agencies,including the Counties of Los Angeles and Riverside.He is adept at analyzing variances,assessing
; actual work in place and comparing to the planned schedule,evaluating impacts to the criticai path,and
•- proposing options for recovery schedule. He is an expert at several scheduling software programs including
- Primavera P6,Suretrak,and Microsoft Project. Edd marries his schedule skills with the virtual model,
producing 4D schedules,giving the ability to validate,in 3D form,phasing,spacing,and construction
_ sequencing.
�" vi. C�rtifiications
=.
�
Firm Certtfications
`� gkkworks is a Minority Business Enterprise(MBE). The firm has registered architects on staff.The firm is also
� licensed as a General Contractor in California - License#774456 Class B.
���
- Individual Certiftcations
' Principal in Charge, Brandon Dekker,has DBIA certification and is a LEED AP
�j
Project Executive,Kim Harvey,is a Professional Engineer(PE)licensed in California-License#54182 and is a
-=� Qualified SWPPP Practitioner(QSP)-Certificate#24374
` Construction Manager,Ron Gerhardt;is Licensed General Contractor in California - License#565545 Class B
Senior Estimator,Stephen Dunn,has DBIA certification, is a Certified Professional Estimator CPE#1.4-000613-
: 0209,is a LEED GA,and has a PhD in Business Administration.
1�
J
ij}
-.'
J'.
Attachment B-Page 78 of 88
i
�` �kkwork5 F, �li�n# �ati�faction / �te�'�z�n�e� II�Y:I,� �C53°i5'�Y�1C�].C+3.2
�"TO]2Ce8
`1
REFERENCEI
�`,% �$C� Pae��e �ollege I1/��ixatenanc� aand
� �p�ra�ions
'- Pierce College�Woodland Hills,CA
� gkkworks provided construction management services
-- ' � for this project with a focus on maximizing the
�-�-��.�.-��.� efficiency of the work while minimizing the total cost
_. ..,�..�s�'.e�.�.�v.-��-.�
to deliver the project on time . . .
Clierrt Name:Pierce College gkkworks provided construction management services for this project
Address:6201 Winnetka Ave with a focus on maximizing the efficiency of the work while minimizing
,,,� Woodland Hills,CA 91371 the total cost to deliver the project on time,within budget and compliant
Corrtact Paul Nieman,Director of with applicable laws and regulations.Additional factors such as safety,
—� College Facilities noise,pedestrian detours,contractor staff parking,site logistics and lay
- Tel:518.710.4121 down areas were carefully planned to eliminate incidents or operational
'" ArchitecYs Corrtact difficulties.One unique challenge was to coordinate the utility cut in at
"" David Hunt,gkkworks Brahma Drive.There is a long utility run for electrical/mechanical that
949.250.1500 ext.1002 needed close coordination with the campus to ensure that there were
x-� safe areas of passage during construction at all times.
'_1
"', REFERENCE 2
~ Ro�ert and �eve�ly �,e�vis �utpat�.e�a�
-- fl���riiion
� . �t
Pomona Valiey Hospital Medlcal Center I Pomona,CA
� '�= ' - _ The three-stor�, 55,000 SF OSHPD 3 MOB, houses
� ^ '.:9 �.
� _'T hospital ndministration, education and training,
. - - : - , = physical therap�, cardic�c rehabilitation, preoperative
- � � testing, women's health, exam, treatment, education
-t Client Name:Pomona Vatley Hospital S GZCE 0 CCS 2G�ZG1tY1CS neacrolo
p , ffi , p , gy, and outpatient
" Address:Pomona Valley Hospital
� 1798 North Garey Avenue SL[Yg2Ylf.
Pomona,CA 91767 Project challenges included maintaining a target budget established
'', CorrtactJim Lents...............................: several years earlier,and maintaining schedules impacted by the
� jim.lents@pvhmc.org EIR process.Team collaboration,Revit application,web-based
..' Te1:909.630.7787 communication tools,as well as a solid partnership with the client and
Architeces Contact: complete PDC team, kept the project on track.The project is registered
- David Hunt,gkkworks with a goal of achieving LEED Healthcare Certified.
'�� 949.250.1500 ext.1002
Attachment B-Page 79 of 88
-,
-' �kkwork� �`, �lienfi �ati��a��ti�n �' ��fesezr:ce� :ioz �� �on5#xuction
�.,
Pr�j ects
`� �`"'�`-- �:: - _ REFERENCE 3
4^:
_) ��;�:->-j, � �,�,� - ' C�u�nty off�.a�re,�sade Pe�ris�'allegr
�, - �icguata�s �enter
`� Penis,CA
�% gkkworks worked close�y work with County and
_ - Count� Counsel to enable their adaptation of
�..
Design-Build for the project
-" Clierrt Name:Riverside County
' Economic DevelopmentAgency gkkworks provided construction managementservices and developed
��
Address:34031oth Street,Suite 500 the Design-Build RFP,scoring system,and customized contract for this
'i Riverside CA 92501 design-build Aquatic Center.The new center has approximately 18,000
✓ Contact Dominic Lombardi SF of building program,three primary pools which feature a 50-meter
-' Tel:951.955.6622 competition pool,activity pool,continuous river,multiple slides and
--, Architect's Contact double Flowrider.On-site parking provides a minimum of 252 stalls,
� Paul Greiert lighting,hardscape,landscape and off-site improvements.The$24.9
cass � sowatsky� chapman+ Million project is designed to meet LEED Silver certification.gkkworks
✓ associates 619.298.348o x114 worked closely work with County and County Counsei to enable their
�') embatemanC�cso-a.com adaptation of Design-Build for the project,which was essential to
pgreiert@csc-a.com securing redevelopment funds within a short time frame.
�
_ REFERENCE4
�- . ��rnino IV�evo Y��8 Char�e� Scl�aoo�
"� Pacific Charter Schooi Development I Los Angeles,CA
, �
'�; ii� .�, �•�� _=�i o i
�._.:�x-:a �
, -- Design management through preconstruction
�
- '..�'"'� ___
-✓; _ ,f,;�, �llows team to manage the des�gn to the
c/ient's budget
_, gkkworks is providing preconstruction and construction management
Ctterrt Name: Pacific Charter Schooi at-risk services for this new two-building,46,800 SF charter elementary
w Deveiopment,Inc. school.The facility includes teaching classrooms,administrative space,
- food service area,multipurpose room,science labs,fine arts areas,and
- Address:3435 W.Temple Street common spaces.Sitting on a site ofjust over two acres,the project has
.-, Los Angeles,CA 90026 restricted access—being bordered by a public park,residential properties
'✓
and commercial spaces.A major concrete buttress wall will be constructed
- Contact Philip Lance,Ph.D
.- plance@pueblonuevo.org along the east,west,and north property lines to allow for major site
Tet:213.417.3413 regrading.The project aiso includes the partial widening of Third Street to
. Architect's Contact allow for easier public traffic past the project,with parent anci staff access
David Hunt,gkkworks to the project.Construction cost:$16 M.
�' 949.250.1500 ext.1002
�
Attachment B-Page 80 of 88
��%
�-� �kkwork� �, �[i�c��.laneous �tsc�ui:��aner�fs
St�teaa�eaa�s
t i. gkkworks will incorporate all requested informatlon contalned in this RFP (156-23)in its
-- proposaL
.�
,
v I1. gkkworlcs acknowledges that this proposal and our response will jolntly become part of the agree
;,,J ment for Professional Construction Management Services for this project when the agraement is
. fulty executed by gkkworks and the City of Orange.
'�_, 111. gkkworks will provide Constructlon Management Services in accordance to the City of Orange's
�.,
Request For Proposal(RFP 156-23).
�� iv. Gkkworks takes no exceptions and makes no additions to the City of Orange's Request For
Proposal(RFP 156-23).
"'� v. Resources Allocation Matrix(see page 35).
�J
-� vi. All charges for Constructton Management Services wiil be based on a "Not To Exceed Fee"basis.
j
vii. Invoices for progress payments will be based on the hourly rate for Constructlon Management
;.� Services provided in thls proposal.
_.
-j
�
-�
Attachment B-Page 81 of 88
4_ �kkwork� G, iY�isc�l3a�e�u� 1��c�,�.ir�m�x�t�
..�
`_" R.es�aagce ,A��o�atioaa I�a#�nx
RESOURCE ALLOCATION MATRU(
� Gonstruction Project enmr emor a or
,^,` Phasel-RFPSelection(April'16-Septembe�'16:96hours) Mana er Executive Estimator Scheduler Compliance
_. Develop RFP 36 6 �
PreparePreliminaryMaster5chedule q 1 i
^x Distribute RFP;mnduct meetings;manage process zq q ' �
�' Review proposals;make recommendations lz 3 �
Assistwithnegotiations � q Z
� . Total Hours � � 80� 16�- � � .
__�
i
Construction Project enior enior a or
. Phase2-Pre-Construction(October'16-Ma�th17:144hou�sf Mana er Executive Estimator Scheduler Compliance
-� Meetings qg g
Review plans and specifica[ions qp q
��i Review cost estimate 4 Z� 24
` _ Reviewpro�ectschedule __ q Z g�
_. - . .-----� ---'-�------}--- � -----
„ Total Hours � 96� 16 24, 8 !
-� Construction Projed enwr enior a or
Phase2-Construction(March'17-March'18:2032ho�rs) Mana er Executive Estimator Scheduler Compliance
..., General Construction Management including observervations �
of work and issue resolution ZZg Zg �
� I�� Assist DB firm project start-up(trailer location,posting
notifications,permitting,insurance and bonds,etc.) I 8 � �
,✓� Review Contractor5afety program g �
Budget Monitoring and Reporting 48 '
�i Change Order Management and Cost Control 96 �
_ report------. --------�----�-I 48� -- —20 --
,_ RFI and Suhmittal Management and Review I 192
Cert�ed payroll compliance I 8 I 280
_ Attendjo6sitemeetings 208 104 � I
i �
Insure changes are incorporeted into the construction plans �
- (review contractor as-6uilt drawings) 5z �
_ Review contrector monthly payment applications and obtain '
conditional releases I Zq � �
Assist in selecting and retaining professional services j
(surveying,special consultants and testing labs)and coordinate I � �
I
- theirservices I 36 � �
Monthly project reportr qg lz I
� Documentmntrol � 150 '
_ Assist Owner in delivery and storege of Ownerfurnished items I 16
„ ssist in t e initia start-up an testing o uti ities,systems an �
equipment � 16 -
`� Assists in[he development of a project construction punch list ,
- and review punch list completion 32 I
„ Assist in obtaining t e Temporary and Final Certi icates o I
Occupanty g
Resolve any outstanding change order items � 16 �
" eview �na contract payment app ication an ina con itiona
waivers � 6 '
;-'� — — � —
� �
Total Hours � I 1,248 144 � 20 I 28p J
Cih nf(lranna I Rhaffor P�rL R�nn..��;no Dr.,��rt i na..�.-.1....1n ont c ..,.
Attachment B-Page 82 of 88
.,
� �kkwork� G. IYZi�c��laa�eou� �2c���xem�r_#s �
r.
� fl�esougce Fallocataon 1Vd��rix - Con4in�aed
Construction Project enior enior a or
.. Project Close-Out(April'18:56hoursJ Mana er Executive Estimator Scheduler Compliance
ompi e a c ose-out ocuments inc u ing:warrenties,
`�' manuals,unconditional waivers 30 S
� Collectfinal As-8uilt Drawings z �
�^, Finalize punchlist items/outstanding issues g g �
�
I
Total Hours � 40 16 � �
•.`f
` a Construction Projed enior enior a or
" Warrenty Phase Allowance(Morch'18-March'19J Mana er Executive Estimator Scheduler Compliance
Recommendation for Warranty Phase allowance � 32 � �
In an effort to deliver the best service to support the City's staff,we have proposed the Construction Manager at 24 hours per week for the
v� dure[ion of the Construction Phase.
_+ Casamar Group,LLC is providing the Labor Compliance services as a Sub-consultant. The Labor Compliance AnalysYs resume with qualifications
is included in the proposal. Casamar Group is a certified DBE,DVBE,SBE,MBE and SDVOSB firm,established in 2007 to provide assistance to
T' public/governmentagencies,the engineering/architecture(A/EJ and project/construction management(PM/CM)communities with
...%
comprehensive contract and project management/administration,resource and compliance management support services. Casamar has been
providing labor compliance services for over 7 years.
�
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r.;h.�rn.�.,,.e i ct,�rr�.n�.v n..............�o.,,...,.. � ,,..---`--,., .,.,�,. --
Attachment B-Page 83 of 88
EXHIBIT�B"
CONTRACTOR'S COST PROPOSAL
[Beneath this sheet.]
Attachment B-Page 84 of 88
,. .
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a�'',:; o:
� k k�o r k c CITY OF ORANGE ► cosr PROPosa�
Shaffer Park Renovation Project ConstrucEion Management � December 10,2015
t " ' ��� C i,��, r�4 ; . '
. - - ,y , r �y f... ....1
f �� •
` � v'� C
_,w...�_.� _.__� ,�,_ ._ _ _�._.�'"'___._ __..��.________ ___._�_ _._,_.1__��___�.._,.�.�..______. `° � T I
Attachment B-Page 85 of 88
CITY OF ORANGE SHAFFER PARK RENOVATION PROJECf
COST PROPOSAL
PAYMENT SCHEDULE
Construction Project Senior Senior La or
Phase 1-RFP Selection(Aprill6-September'16J Mana er Executive Estimator Scheduler Compliance Fee
Develop RFP 36 6 $ 5 731
Prepare Preliminary Master Schedule 4 1 $ 693
- Distribute RFP;conduct meetings;manage process 24 4 $ 3,821
Review proposals;make recommendations 12 3 $ 2,078
Assistwithnegotiations � q 2 $ 860
Total Hours 80 16 0 0
TOTAL NOT TO DfCEED FEE fai PHASE I-'. . _ ' - ' ' - - � ' ' "' ' � '- ` �$�. �13 182' -
Construdion Projed Senior Senior La or
Phase2A-Pre-Construction(October'16-Marchl7J Mana er Executive Estimator Scheduler Compliance Fee
Meetings 48 8 $ 7 641
Review plans and specifications 40 4 $ 5,921
Review cost estimate 4 2 24 $ 5,268
Reviewprojectschedule � 4 2 8 $ 2,011
Total Hours 96 16 24 8
TOTALNOTTOD(CEEDFEE orPHA5E2A ` � �� `��- ���-•- � � *�� �� •� ��. �� - ��� � - � � -- � , . - ,
. : . -�_:,�� . . . . :. . ..: ��.,... _ -�.' . .- , . �
.. ,
PRE-CONSfRUCTION �.� . . . .... �:�, " '. .. :: � . . .� .. '- '' ._ ' .- : ' . _ . .:. .
�.�$ . '�..20841'i
Construction Project Senior Senio� La or
Phase28-Construction(March'17-March'18J Mana er Executive Estimator Scheduler Compliance Fee
General Construction Management including
observations of work and issue resolution 228 28 $ 34,620
Assist DB firm project start-up trai er ocation,posting
notifications,permitting,insurence and 6onds,etc.) 8 $ 1,050
_ Review Contrector Safery progrem 8 $ 1,050
Budget Monitoring and Reporting 48 $ 6 301
ChangeOrderManagementandCostControl 96 $ 12,602
Review contrector construction sc e ule an provide mont y
report 4S 20 $ 9,179
RFI and Submittal Management and Review 192 $ 25 204
Certified payroll compliance 8 280 $ 25,763
Attend jobsite meetings � Zpg 1pq $ 44�26
Insure c anges are incorporate into t e construction p ans
(reviewcontrectoras-builtdrawings) 52 $ 6,826
Review contractor mont y payment app ications and obtain
conditional�eleases 24 $ 3,150
Assist in se ecting an retaining pro essiona services surveying,
special consultants and testing lahs)and coordinate their services 36 $ 4 726
Mon[hly project reports 48 12
$ 8,311
Documentcontrol 150 $ 19,691
AssistOwnerindeliveryandstorageofOwnerfurnisheditems 16 $ 2,100
Assist in t e initia start-up an testing o uti ities,rystems and
equipment 16 $
2,100
Assis[s in t e eve opment o a project construction punc ist an
review punch list completion 32 $ 4,201
Assist in o taining t e Temporary an Fina Certificates o
Occupancy 8 $ 1,050
Resolve any outrtanding change order items 16 $ 2,100
Review ina contract payment app ication and inal con itiona
waivers 6 $ 788
Total Hours 1,248 144 20 280
Attachment B-Page 86 of 88
Construdion Project Senior Senior La or
Phase2BProjectClose-Out(April'18:56hoursJ Mana er Executive Estimator Scheduler Compliance Fee
Compi e a c ose-out ocuments inc u ing:warrenties,O&M
manuals,unconditional waivers 30 8 $ 5 z�8
CollectfinalAs-BuiltDrawings � $ 263
Finalize punchlist items/outrtanding issues 8 8 $ 2,390
Total Hours 40 16
Reimbursment Costs at$600 per month $ �200
TOTAL'NOTTOE%CEEDFEEfdrPHASE26�CON5fRUC'f10N.' "�„ � " ` " -' ' � � ""� �-"" � �' "'" $ -. -"�"�30'670�"
- �
TOTAL NOT•TO D(CEED FEE.of PHASE 2 A&B"�-�' �- ' �' -- - ��-���-'= - - • _ - � - -
� --._: . ..:, t * .. . . . . � .
PRE=CONSfRUCf10N AND CONSTRUCTION ...: . . �:�' � :..�, �: _-. ..' - - ��.'� "'� � �
-- - ' $ � �� 251 511 j
PHASE 2C WARRANTY WORK
Warrenty work is proposed with a pool of 32 hours at a rate of$135/HR for an allowance of$4,320
PER MEETING COSi for City Council or Commission Meetings:No additional charge for these meetings.
In an effort to deliver the best service to support the City's staff,we have proposed the Construction Manager at 24 hours per week for the duration
of the Construction Phase.
We 6elieve the Construction phase can be completed m l0:months ratherthan tHe 12 rriontfis provided in the ad'dendum'If this ends up being a 10' �
mont6-construcYionsched'ule ourde8ucttotNeGtywillbe($31,408) - ` j
Attachment B-Page 87 of 88
CITY OF ORANGE SHAFFER PARK RENOVATION PROJECT
COST PROPOSAL
HOURLY RATES
Role $/hr
Project Executive $170
Construction Manager $135
Senior Estimator $185
Senior Scheduler $140
Labor Compliance Officer $125
Labor Compliance Analyst $gp
Attachment B-Page 88 of 88
CITY COUNCIL MINUTES OCTOBER 9, 2018
3. CONSENT CALENDAR(Continued)
3.3 Waive reading in full of all ordinances on the Agenda.
ACTION: Approved.
3.4 Submittal of annual financial reports for development impact fees for fiscal year
2017-18. (C2500.J.1.0.2)
ACTION: Received and filed.
3.5 First Amendment to Agreement No. 6323 with GKK WORKS, Inc. in the amount of
$87,000 for construction management services for the Shaffer Park Renovation
Project. (A2100.0; AGR-6323.1)
ACTION: 1) Authorized the appropriation of$87,000 from Fund 510 (Park Acquisition-
Infill) unreserved fund balance to expenditure account number 510.7022.56020.30042
(CIP — Shaffer Park Renovation); and 2) Approved the amendment with GKK WORKS,
Inc. in the amount of$87,000, and authorized the Mayor and City Clerk to execute the
Amendment on behalf of the City.
3.6 Agreement with Great Scott Tree Service,Inc. in the amount of$118,470 for tree and
brush clearance along a portion of Santiago Creek. (A2100.0; AGR-6656)
ACTION: 1)Authorized the appropriation of$118,470 from unreserved Fund 100 balance
, (General Fund) to expenditure account 100.7022.51700.00000 (Contractual Services);
2)Approved the agreement with Great Scott Tree Service,Inc. for tree and brush clearance
and Authorize the Mayor and the City Clerk to execute the agreement on behalf of the City;
and 3)Authorized City Staff to file a Notice of Exemption to the County of Orange for the
California Environmental Quality Act due to the minor nature of the project.
3.7 Authorize the first amendment to Agreement 6270 with Bibliotheca for purchase of a
replacement sorter and associated maintenance for the sorter and all Radio
Frequency Identification(RFID)equipment for the Orange Public Library&History
Center. (A2100.0; AGR-6270.1)
ACTION: 1) Authorized sole source upgrade and purchase of a replacement AMH sorter
from Bibliotheca for an amount not-to-exceed$183,580 (plus tax); 2)Authorized renewal
of annual maintenance service for all RFID equipment through FY 23/24; and 3)
Authorized Mayor and City Clerk to execute the Amendment on behalf of the City.
3.8 Second Amendment to Attorney Services Agreement with the law firm of Woodruff,
Spradlin & Smart to provide legal services related to litigation defense in the matter
of The Estate of Michael Perez v. City of Orange. (A2100.0; AGR-6569.2)
ACTION: Approved the Second Amendment to Attorney Services Agreement with
Woodruff, Spradlin& Smart in the amount of$90,000; and authorized the Mayor and City
Clerk to execute on behalf of the City.
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