HomeMy WebLinkAboutCC AG PKT 2008-07-14 #II• AGENDA STAFF REPORT
DATE: July 14, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Vince Mastrosimone, Director of Public Works
SUBJECT: APPROVE AGREEMENT WITH WILLDAN FOR
CONSTRUCTION MANAGEMENT SERVICES
SUMMARY OF REQUEST:
It is respectfully requested that the City Council adopt Resolution No. 5763
approving a Professional Services Agreement with Willdan to provide
Construction Management (CM) Services for the Reconstruction of Fire Station
No. 48, 3131 Beverly Manor Road. (Budget Amendment No. 09-01-02)
• BACKGROUND:
Staff solicited proposals from qualified firms to provide CM services for this
project. Five proposals were received by the submission deadline of June 11,
2008. Two firms were asked to participate in an interview with four project team
members. This panel unanimously recommends the selection of Willdan
because their experience, project qualifications, and personnel best meet the
needs of the City of Seal Beach. Their proposal is available for review at the
Engineering Division office.
Phase I of the project involves the services to be provided prior to construction.
Those services include:
• Constructability Reviews
• Cost Estimates
• Development of Project Schedule
• Support of General Contractor Selection
• Conduct Pre-Construction Meeting
Phase II of the project involves the services to be provided during construction
and through project close out. Those services include but are not limited to:
• • Daily Site Inspections
• Quality Control
Agenda Item
• Process and make recommendations on Requests for Information, •
Submittals, Change Orders and Payment Requests
• Serve as Inspector of Record
• Oversee materials testing
• Conduct weekly progress meetings
• Photo documentation
• Oversee as-built drawings
• Project Close Out
• Warranty Inspection .
FINANCIAL IMPACT:
The estimated fees for Phase I are $42,830 and $373,170 for Phase I I. The total
estimated cost is $416,000. See Exhibit B of the Professional Services
Agreement for a complete breakdown. The City will be charged only for services
rendered. The actual fees paid may decrease or increase based on experience
during construction.
No funding has been appropriated for this work. Staff recommends that
$425,000 be appropriated from the General Fund Reserve to cover this
agreement.
RECOMMENDATION: •
It is respectfully recommended that the City Council adopt Resolution No.
approving a Professional Services Agreement with Willdan to provide
Construction Management (CM) Services for the Reconstruction of Fire Station
No. 48, 3131 Beverly Manor Road and authorize the City Manager to execute the
agreement.
S ITT NOTED AND APPROVED:
~~
Vince astrosimone, Director of Public Works David Carmany, ity Manager
Attachments:
A. Professional Services Agreement
•
RESOLUTION NUMBER 5763
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH, CALIFORNIA APPROVING A PROFESSIONAL
SERVICES AGREEMENT WITH WILLDAN FOR COSTRUCTION
MANAGEMENT SERVICES FOR THE FIRE STATION NO. 48
PROJECT. (BUDGET AMENDMENT N0.09-01-02)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. The City Council hereby approves that certain Professional Services
Agreement with Willdan's Program and Construction Management Services
Group dated July 14, 2008 under which Willdan will provide Construction
Management Services for the replacement of Fire Station No. 48, 3131 Beverly
Manor Road.
Section 2. The City Council hereby authorizes the City Manager to execute the
agreement.
PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a
meeting hereof held on the 14th day of Julv , 2008 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
• ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
•
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing resolution is the original copy of Resolution Number 5763 on
file in the office of the City Clerk, passed, approved, and adopted by the City
Council of the City of Seal Beach, at a regular meeting held on the 14th day
of Julv , 2008.
City Clerk
• AN AGREEMENT
FOR CONSTRUCTION MANAGEMENT SERVICES
SEAL BEACH FIRE STATION N0.48
3131 BEVERLY MANOR ROAD
between
• City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
Willdan Engineering
2401 East Katella Avenue, Suite 450
Anaheim, California 92806-6073
Fax: (714•) 978-8299
THIS AGREEMENT is made and entered into this 14~' day of Jul +2008, by and between
the City of Seal Beach, a municipal corporation ("City") and Willdan Engineering, a California
corporation ("Consultant").
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RECITALS •
A. City desires to build Fire Station #48 at 3131 Beverly Manor Road, in the City of
Seal Beach (the "Project"), which Project requires the engagement of a Construction
Management firm for pre-bid and construction services.
B. Pursuant to the authority provided by its City Charter and Government Code
Section 37103, if applicable, City desires to engage Consultant to provide Construction
Management Services in the manner set forth herein and more fully described in Section 1.
C. Consultant represents that the principal members of Consultant firm are qualified
professional construction managers and are fully qualified to perform the Consultant services
contemplated by this Agreement in a good and professional manner; and it desires to perform
such services as provided herein.
NOW, THEREFORE, in consideration of performance by the parties of the mutual
promises, covenants, and conditions herein contained, the parties hereto agree as follows:
AGREEMENT
1. Consultant's Services.
1.1. Scope and Level of Services. Subject to the terms and conditions set forth
in this Agreement, City hereby engages Consultant to perform the construction management •
services ("Services") set forth in Exhibit A, which is hereby incorporated by this reference. Such
services shall include, without limitation:
1.1.1. Providing pre-construction services for the project including:
performing a constructability review; preparing an independent construction cost estimate and
CPM schedule; and assisting in the bidding of the project and selection of the General
Contractor;
1.1.2. Providing construction services for the project including:
conducting the pre-construction meeting; performing daily site inspections; providing deputy
inspection and materials testing services; receiving, reviewing, and processing requests for
information, submittals, change order requests, and monthly pay applications; conducting weekly
progress meetings; photographing and maintaining a photographic record of the site; and
enforcing public funding requirements; and
1.1.3. Providing post construction services including: developing and
monitoring a project punch list; receiving and verifying all required warranty and maintenance
documentation, receiving and verifying all required lien releases; and receiving, reviewing, and
processing the final pay application.
1.2. Time for Performance. Consultant shall perform all services under this
Agreement on a timely, regular basis consistent with industry standards for professional skill and
care. Services shall be provided so as not to cause undue delay of the project during the design •
and construction phases of the project.
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O 1.3. Standard of Care. As a material inducement to City to enter into this
Agreement, Consultant hereby represents that it has the experience necessary to undertake the
services to be provided. In light of such status and experience, Consultant hereby covenants that
it shall follow the customary professional standards in performing all services.
1.4. Familiarity with Services. By executing this Agreement, Consultant
represents that, to the extent required by the standard of practice, Consultant (a) has investigated
and considered the scope of services to be performed, (b) has carefully considered how the
services should be performed, and (c) understands the facilities, difficulties and restrictions
attending performance of the services under this Agreement. Consultant represents that
Consultant, to the extent required by the standard of practice, has investigated the subject site
and is reasonably acquainted with the conditions therein. Should Consultant discover any latent
or unknown conditions, which will materially affect the performance of services, Consultant
shall immediately inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the City Representative.
2. Term of Agreement. This Agreement is effective as of July 14, 2008 (the
"Effective Date"), and shall remain in full force and effect until Consultant has rendered the
services required by this Agreement, unless sooner terminated as provided in Section 13 herein.
3. Compensation and Expense Reimbursement.
3.1. Compensation. City shall compensate Consultant at its standard hourly
• rates set forth in Exhibit B for the services provided pursuant to Section 1 of this Agreement. In
no event shall the City pay Consultant more than the total sum of $416,000.00 unless additional
services are provided pursuant to Section 3.2. City shall not withhold any federal, state or other
taxes, or other deductions.
3.2. Additional Services. City shall not pay Consultant for additional services
unless the City Representative authorizes, in advance, such services. City shall compensate
Consultant for any authorized extra services at the hourly rates set forth in Exhibit B.
4. Representatives.
4.1. Citv Representative. For the purposes of this Agreement, the contract
administrator and City's representative shall be the Director of Public Works, or such other
person as the Director designates in writing (hereinafter the "City Representative"). It shall be
Consultant's responsibility to assure that the City~Representative is kept informed of the progress
of the performance of the services, and Consultant shall refer any decisions that must be made by
City to the City Representative. Unless otherwise specified herein, any approval of City required
hereunder shall mean the approval of the City Representative.
4.2. Consultant Representative. For the purposes of this Agreement, Thomas
A. Broz, P.E. is hereby designated as the principal and representative of Consultant authorized to
act in its behalf with respect to the services specified herein and make all decisions in connection
therewith (the "Responsible Principal"). It is expressly understood that the experience,
• knowledge, capability, and reputation of the Responsible Principal were a substantial inducement
for City to enter into this Agreement. Therefore, the Responsible Principal shall be responsible
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during the term of this Agreement for directing all activities of Consultant and devoting •
sufficient time to personally supervise the services hereunder. Consultant may not change the
Responsible Principal without the prior written approval of City, which approval shall not be
unreasonably withheld.
5. Consultant's Personnel.
5.1. All Services shall be performed by Consultant or under Consultant's direct
supervision, and all personnel shall possess the qualifications, permits, and licenses required by
State and local law to perform such Services, including, without limitation, a City of Seal Beach
business license as required by the Seal Beach Municipal Code. Consultant personnel shall be
those designated on Exhibit C.
5.2. Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with the
standard of care set forth in Section 6 below.
5.3. Consultant shall be responsible for payment of all employees' and
subconsultants' wages and benefits, and shall comply with all requirements pertaining to
employer's liability, workers' compensation, unemployment insurance, and Social Security.
5.4. Consultant shall indemnify and hold harmless City and its elected
officials, officers and employees, servants, designated volunteers, and agents serving as
independent contractors in the role of city or agency officials, from any and all liability, •
damages, claims, costs and expenses of any nature to the extent arising from Consultant's alleged
violations of personnel practices. City shall have the right to offset against the amount of any
fees due to Consultant under this Agreement any amount due to City from Consultant as a result
of Consultant's failure to promptly pay to City any reimbursement or indemnification arising
under this Section 5.
6. Standard of Performance. Consultant shall perform all services to customary
professional standards and in a manner reasonably satisfactory to City.
7. Status as Indet~endent Contractor. Consultant is, and shall at all times remain as
to City, a wholly independent contractor. Consultant shall have no power to incur any debt,
obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of Consultant's
employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any
manner, represent that it or any of its officers, agents or employees are in any manner employees
of City. Consultant shall pay all required taxes on amounts paid to Consultant under this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and
hold City harmless from any failure of Consultant to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any fees due to •
Consultant under this Agreement any amount due to City from Consultant as a result of
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• Consultant's failure to promptly pay to City any reimbursement or indemnification arising under
this Section 7.
8. Confidentiality. Consultant may have access to financial, accounting, statistical,
and personnel data of individuals and City employees. Consultant covenants that all data,
documents, discussion, or other information developed or received by Consultant or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by Consultant
without prior written authorization by City. City shall grant such authorization if applicable law
requires disclosure. All City data shall be returned to City upon the termination of this
Agreement. Consultant's covenant under this section shall survive the termination of this
Agreement.
9. Conflict of Interest.
9.1.1. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which would
conflict in any manner with the performance of the Services. Consultant further covenants that,
in performance of this Agreement, no person having any such interest shall be employed by it.
Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict
in any manner with the performance of the Services. Consultant shall not accept any
employment or representation during the term of this Agreement which is or may likely make
Consultant "financially interested" (as provided in California Government Code §§1090 and
87100) in any decision made by City on any matter in connection with which Consultant has
been retained.
9.1.2. Consultant further represents that it has not employed or retained
any person or entity, other than a bona fide employee working exclusively for Consultant, to
solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity,
other than a bona fide employee working exclusively for Consultant, any fee, commission, gift,
percentage, or any other consideration contingent upon the execution of this Agreement. Upon
any breach or violation of this warranty, City shall have the right, at its sole and absolute
discretion, to terminate this Agreement without further liability, or to deduct from any sums
payable to Consultant hereunder the full amount or value of any such fee, commission,
percentage or gift.
9.1.3. Consultant has no knowledge that any officer or employee of City
has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this
transaction or in the business of Consultant, and that if any such interest comes to the knowledge
of Consultant at any time during the term of this Agreement, Consultant shall immediately make
a complete, written disclosure of such interest to City, even if such interest would not be deemed
a prohibited "conflict of interest" under applicable laws as described in this subsection.
10. Indemnification.
10.1. Indemnity for Design Professional Services. In connection with its design
professional services, Consultant shall defend, hold harmless and indemnify City, and its elected
• officials, officers, employees, servants, designated volunteers, and those City agents serving as
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independent contractors in the role of city or agency officials (collectively, "Indemnitees"), with •
respect to any and all claims, demands, damages, liabilities, losses, costs or expenses
(collectively, "Claims" hereinafter), including but not limited to Claims relating to death or
injury to any person and injury to any property, to the extent to which they arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of Consultant or any of its
officers, employees, subcontractors, or agents in the performance of its design professional
services under this Agreement, but not to the extent the result of the negligence or willful
misconduct of the City or of other third parties not under the control or the supervision of
Consultant.. Consultant's obligation to defend pursuant to this Section shall apply independent
of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of
Indemnitees. Consultant shall defend Indemnitees in any action or actions filed in connection
with any of said claims with counsel of Consultant's choice, subject to City's reasonable
approval, and shall pay all costs and expenses, including all attorneys' fees actually incurred in
connection with such defense, provided that in the event that any damages are determined by the
court to have been caused in part by persons or entities other than Consultant, Consultant's
obligation hereunder shall be in proportion to Consultant's shaze of fault.
10.2. Other Indemnities. In connection with all Claims not covered by Section
10.1, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any
and all Claims including but not limited to Claims relating to death or injury to any person and
injury to any property, which arise out of, pertain to, or relate to the acts or omissions of
Consultant or any of its officers, employees, subcontractors, or agents in the performance of this
Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection
with any such Claims with counsel of Consultant's choice, subject to City's reasonable approval,
and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually
incurred in connection with such defense. Consultant's duty to defend pursuant to this Section
shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors,
or omissions of Indemnitees.
10.3. Acknowledgment of Indemnity Duties. By affixing his or her initials
below, each party representative hereby acknowledges that the representative has read and
accepted the provisions set forth in this Section 10.
City Consultant Consultant
10.4. Nonwalver of Rights. Indemnitees do not, and shall not, waive any rights
that they may possess against Consultant because of the acceptance by City, or the deposit with
City, of any insurance policy or certificate required pursuant to this Agreement.
10.5. Waiver of Right of Subro ag tion. Consultant, on behalf of itself and all
parties claiming under or through it, hereby waives all rights of subrogation against the
Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities
arising out of or incident to activities or operations performed by or on behalf of the Indemnttor. •
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• 10.6. Survival. The provisions of this Section 10 shall survive the termination
of the Agreement and are in addition to any other rights or remedies that Indemnitees may have
under the law. Payment is not required as a condition precedent to an Indemnitee's right to
recover under this indemnity provision, and an entry of judgment against an Consultant shall be
conclusive in favor of the Indemnitee's right to recover under this indemnity provision.
11. Insurance.
11.1. Liabili~ Insurance. Consultant shall procure and maintain in full force
and effect for the duration of this Agreement insurance against claims for injuries to persons or
damages to property and professional negligence which may arise from or in connection with the
performance of the services hereunder by Consultant, and its agents, representatives, employees
and subconsultants.
11.2. Minimum Scoue of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
Insurance Services Office Commercial General
Liability coverage (occurrence form CG 0001).
Insurance Services Office form number CA 0001
(Ed. 1/87) covering Automobile Liability, code 1 (any
auto).
• Worker's Compensation insurance as required by
the State of California and Employer's Liability Insurance.
Professional Liability insurance. Consultant shall
provide to City the standard form issued by the carrier.
than:
11.3. Minimum Limits of Insurance. Consultant shall maintain limits no less
General Liability: $1,000,000 per occurrence and in the
aggregate for bodily injury, personal injury and property
damage. Commercial General Liability Insurance or other
form with a general aggregate limit shall apply separately
to this Agreement or the general limit shall be twice the
required occurrence limit.
Automobile Liability: $1,000,000 per accident for bodily
injury and property damage.
Employer's Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers'
Compensation Insurance in the amount required by law.
• Professional Liability: $1,000,000 per claim aggregate.
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11.4. Deductibles and Self-Insured Retentions. Consultant shall inform City of •
any deductibles or self-insured retentions except with respect to professional liability insurance.
11.5. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
11.5.1. City, its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of city or agency officials, are to be covered
as additional insureds as respects: liability arising out of activities performed by or on behalf of
Consultant; products and completed operations of Consultant; premises owned, occupied or used
by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage
shall contain no limitations on the scope of protection afforded to City, its officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials which are not also limitations applicable to the named insured.
11.5.2. For any claims related to this Agreement, Consultant's insurance
coverage shall be primary insurance as respects City, its officers, officials, employees,
designated volunteers and agents serving as independent contractors in the role of city or agency
officials. Any insurance or self-insurance maintained by City, their officers, officials,
employees, designated volunteers or agents serving as independent contractors in the role of city
or agency officials shall be excess of Consultant's insurance and shall not contribute with it.
11.5.3. Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's •
liability.
11.5.4. Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled or materially modified except after 30 days prior written
notice by first class mail has been given to City, or 10 days prior written notice by express
overnight mail if cancellation is due to nonpayment of premiums.
11.5.5. Each insurance policy, except for the professional liability policy,
required by this clause shall expressly waive the insurer's right of subrogation against City and
its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of city or agency officials.
11.6. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII unless waived in writing by City's Risk
Manager.
11.7. Verification of Coverage. All insurance coverages shall be confirmed by
execution of endorsements, on forms approved by the City. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by City before services commence. As an alternative to City forms,
Consultant's insurer may provide complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications. •
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• 11.8. Subconsultants. Consultant shall include all Subconsultants as insureds
under its policies or shall furnish separate certificates and endorsements for each subconsultant.
All coverages for Subconsultants shall be subject to all of the requirements stated herein unless
otherwise approved in advance in writing by City.
12. Cooperation. In the event any claim or action is brought against City relating to
Consultant's performance or services rendered under this Agreement, Consultant shall render
any reasonable assistance and cooperation that City might require. City shall compensate
Consultant for any litigation support services in an amount to be mutually agreed upon by the
parties.
13. Termination. Either party shall have the right to terminate this Agreement at any
time for any reason on written notice to the other party. In the event either party exercises its
right to terminate this Agreement, City shall pay Consultant for any services rendered prior to the
effective date of the termination. Consultant shall have no other claim against City by reason of
such termination, including any claim for compensation.
14. Suspension. City may, in writing, order Consultant to suspend all or any part of
the Consultant's Services for the convenience of City or for work stoppages beyond the control
of City or Consultant. Subject to the provisions of this Agreement relating to termination, a
suspension of the Services does not void this Agreement.
15. Notices. Any notices, bills, invoices, or reports authorized or required by this
• Agreement shall be in writing and shall be deemed received on (a) the day of delivery if
delivered by hand or overnight courier service during Consultant's and City's regular business
hours or by facsimile before or during Consultant's regular business hours; or (b) on the third
business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to
time, designate in writing pursuant to the provisions of this section. All notices shall be
addressed as follows:
If to City: City Clerk
City of Seal Beach
211 8th Street
Seal Beach, California 90740
Fax: (562) 493-9857
With a copy to:
Public Works Director
City of Seal Beach
211 8th Street
Seal Beach, California 90740
•
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If to Consultant: Thomas A. Broz, P.E.
Willdan Engineering ~
2401 East Katella Avenue, Suite 450
Anaheim, California 92806-6073
Fax: (714) 978-8299
16. Non Discrimination and Equal Employment Opportuni~+. In the performance of
this Agreement, Consultant shall not discriminate against any employee, subconsultant, or
applicant for employment because of race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Consultant will take affirmative action to ensure that subconsultants and applicants are
employed, and that employees are treated during employment, without regard to their race, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition, or sexual orientation.
17. Non-Assi ability; Subcontracting. Consultant shall not assign, transfer, or
subcontract any interest in this Agreement or the performance of any of Consultant's obligations
hereunder. Any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
18. Compliance with Laws. Consultant shall comply with all applicable federal, state
and local laws, ordinances, codes and regulations in force at the time Consultant performs the
Services.
19. Non-Waiver of Teens Ri hts and Remedies. Waiver b either art •
Y 1? Y ~f any one
or more of the conditions of performance under this Agreement shall not be a waiver of any
other condition of performance under this Agreement. In no event shall the making by City of
any payment to Consultant constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Consultant, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy available to City
with regard to such breach or default.
20. Attorneys' Fees. In the event that either party to this Agreement shall commence
any legal action or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs of suit,
including attorneys' fees actually incurred in connection with such enforcement or interpretation.
21. Exhibits: Precedence. All documents referenced as exhibits in this Agreement aze
hereby incorporated in this Agreement. In the event of any material discrepancy between the
express provisions of this Agreement and the provisions of any document incorporated herein by
reference, including but not limited to the Consultant's Proposal dated February 4, 2008 and
attached hereto as Exhibit A, the provisions of this Agreement shall prevail.
22. Construction. The validity, interpretation, and performance of this Agreement
shall be controlled by and construed under the laws of the State of California. In the event of any
asserted' ambiguity in, or dispute regarding the interpretation of any matter herein, the
interpretation of this Agreement shall not be resolved by any rules of interpretation providing for •
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• interpretation against the party who causes the uncertainty to exist or against the party who
drafted the Agreement or who drafted that portion of the Agreement.
23. Entire Agreement. This Agreement, including any other documents incorporated
herein by specific reference, represents the entire and integrated agreement between Consultant
and City. This Agreement supersedes all prior oral or written negotiations, representations, or
agreements. This Agreement may not be amended, nor any provision or breach hereof waived,
except in a writing signed by the parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
CITY OF SEAL BEACH
By:
Attest:
By:
•
David Carmany, City Manager
Linda Devine, City Clerk
Approved as to Form:
B y:
Quinn Barrow, City Attorney
WILLDAN ENGINEERING
By:
Name:
Title:
By:
Name:
Title:
(Two signatures required for corporations
under California Corporations Code § 313)
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• EXHIBIT A
Consultant's Proposal Dated February 4, 2008
(Including Scope of Services)
•
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• EXHIBIT A
Scope Of Services
(Includes Project Inspector)
As Construction Manager for the City of Seal Beach for the construction of a replacement fire
station for Fire Station 48, Willdan's Program and Construction Management Services Group
staff will act as the City's authorized agent to ensure that the fire station is:
• Constructed in conformance with the construction documents and all applicable codes
and regulations
• Completed within the contractual time requirements
• Completed within budget
In addition to ensuring that these three prime goals aze achieved, Willdan's Program and
Construction Management Services Group staff will have the additional goal of creating and
maintaining a complete "documentation trail" for activities that occur during the construction of
the project.
Construction Management Services can be summarized in four words: coordination, review,
tracking, and reporting. Willdan's Program and Construction Management Services Group will
• coordinate the efforts of the General Contractor in constructing the project, the efforts of the City
in accepting the construction and paying for it, and the efforts of the City in permitting and
approving the construction. Willdan's Program and Construction Management Services Group
staff will review all the work as it is constructed and all supporting documentation which
establishes the technical adequacy of the construction, the schedule of implementation and the
cost of implementation. Willdan's Program and Construction Management Services Group staff
will track the progress of construction and submittals, and reviews and resolution of all technical
data and issues. Willdan's Program and Construction Management Services Group staff will
report to the City on the progress of construction and all technical and economic parameters of
the project.
In order to facilitate coordinating, reviewing, tracking, and reporting, the computer is extensively
used by Willdan's Program and Construction Management Services Group staff. In using the
computer as a helpful tool in providing construction management services, Willdan's Program
and Construction Management Services Group staff utilizes the Microsoft Office suite of
softwaze. All Daily Reports, Meeting Minutes, and correspondence aze generated as Word
documents. All cost estimates, punchlists, and any other spreadsheet type of document are
generated as Exced documents. All data that is tracked requiring development of logs, including
Requests for Information (RFI), submittals, Non-Conformance Reports (NCR), Change Orders,
etc., aze tracked using Access softwaze. Should the City desire, Willdan's Program and
Construction Management Services Group staff can utilize Expedition softwaze for document
tracking purposes. In both cases, Willdan's Program and Construction Management Services
Group staff will maintain a scanned document database of every document sent or received for
ready access, expedited processing, and rapid communication. Additionally, Willdan's Program
and Construction Management Services Group staff can establish a project website either hosted
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as part of the City's website, Willdan's website, or a third-party website. This website can be •
used for both updating the general public as to the progress of the project and for internally
maintaining and providing access to all project documentation.
Construction Management Tasks
In order to achieve and document the achievement of the goals of QUALITY, SCHEDULE and
BUDGET, a systematic set of tasks will be performed by Willdan's Program and Construction
Management Services Group staff. The following is a description of those tasks and the
approximate sequential order in which they will occur.
1. Review of Construction Documents: Willdan's Program and Construction Management
Services Group staff will review the Architectural/ Engineering (A/E) team's construction
documents for constructability issues. These reviews will focus on interdisciplinary
coordination, practicality and ease of required construction, and cost effectiveness of design
(value engineering). This review will occur twice, initially when the Construction
Documents are 75% completed and then when the the Construction Documents are 95%
completed.
2. Confirmation of Cost Estimates: At the various design completion stages, the A/E team is
required to submit an "Engineer's Estimate" of the construction cost for the reconstructed
fire station. Willdan's program and Construction Management Services Group staff will
review these "Engineering Estimate" for accuracy and appropriateness. This review will
occur twice, initially when the Construction Documents are 75% completed and then when •
the the Construction Documents aze 95% completed. As part of this review, Willdan's
Program and Construction Management Services Group staff will develop an independent
cost estimate which will be compared to the A/E team's estimate.
Development of Proiect Construction CPM Schedule: Willdan's Program and Construction
Management Services Group staff will develop a detailed project construction CPM schedule
for the reconstructed fire station. The CPM schedule will be developed based upon the
construction documents and will be prepazed when the Construction Documents are
complete. The main purpose for developing this schedule will be to have a schedule to
compaze the General Contractor's planned schedule to thus establish the validity of his
schedule. Additionally, the schedule will be used to assess what impacts will occur when on
the surrounding community and the Whittier Civic Center Complex as a result of the
construction activities.
4. Support of the General Contractor Selection Process: Willdan's Program and Construction
Management Services Group staff can support the City in the selection of the General
Contractor to build the replacement fire station. Willdan's Program and Construction
Management Services Group staff would work with the City and the A/E team to prepare the
General Contractor's bidders package and, once prepared, assist in conducting the pre-bid
meeting, perform a review of the bids to confirm that each is in conformance with the
Request for Bid requirements, prepare a recommendation to the City for award, and conduct
a pre-award meeting with the apparent lowest, responsive bidder. •
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• 5. Pre-Construction Meeting: With the notification by the City to the General Contractor to
proceed with construction, Willdan's Program and Construction Management Services
Group staff will arrange to and conduct apre-construction meeting. In attendance at this
meeting, in addition to the General Contractor and Willdan's Program and Construction
Management Services Group staff, will be representatives of the City and any other entities
deemed necessary by the City or Willdan's Program and Construction Management Services
Group staff. The purpose of this meeting is to a) review the project protocol and procedures
that will be followed; b) review the contracted scope of work to ensure that the General
Contractor understands it; c) verify that all required bonds and insurance certificates have
been received from the General Contractor; d) review all inspection requirements including
deputy inspection and observations byengineer-of-record; e) review the General Contractor's
proposed work plan and schedule; and f) review the General Contractor's safety plan.
6. Dailv Site Inspections: Once the General Contractor has started work, Willdan's Program
and Construction Management Services Group staff will inspect the site and the work daily.
These inspections will focus on inspecting the work being performed to ensure that the
materials and their installation aze in conformance with the contract drawings and
specifications. These inspections will also focus on coordinating and verifying that all
required deputy inspections and material testing which will be performed by Willdan are
performed when required. Additionally, Willdan's Program and Construction Management
Services Group staff will ensure that all required engineer-of-record observations not only
occur, but also occur at the appropriate time and do not cause any delay to the project.
• Finally, Willdan's Program and Construction Management Services Group staff will function
as the Project Inspector as required per the California Building Standards Administrative
Code (Part 1, Title 24, C.C.R.) Chapter 4, Article 1 Essential Services Buildings. In addition
to inspecting the work, Willdan's Program and Construction Management Services Group
staff will review the site for conformance with the General Contractor's safety plan and for
site cleanliness. The results of these daily inspections will be documented in a report that
will be prepared and submitted to the City. In addition to documenting on-going and
complete work activities and needed and completed inspections, these reports will also
document the number and type of personnel onsite, weather conditions, number and type of
equipment onsite, visitors to the site, and any unusual or pertinent happenings. These reports
will be submitted electronically via a-mail to the City at a minimum weekly.
7. Non-Conformin Work: During the periodic inspections conducted by Willdan's Program
and Construction Management Services Group staff, any work observed that does not meet
the requirements of the contract drawings or specifications will be documented via a Non-
conformance Report. These Non-Conformance Reports will be given to the General
Contractor and a copy provided to the City. Willdan's Program and Construction
Management Services Group staff will maintain a log of the Non-Conformance Reports.
This log will document the non-conformance report number, the nature of the non-
conformance, the date the report was issued, the resolution and the date of the resolution.
8. ReQUests for Information: During the course of the work, it is inevitable that the General
Contractor will require clarification as to the intent or specific details on the contract
drawings. In order to obtain this clarification, the General Contractor's subcontractors will
issue an RFI. Willdan's Program and Construction Management Services Group staff will
A-3
typically allow the General Contractor to utilize its own RFI form. This form will have a •
sequential number, an issuance date, an azea for identifying/ describing the required
clarification/information, an azea for the answer and a required date. These forms will be
submitted by the General Contractor to Willdan's Program and Construction Management
Services Group staff. Willdan's Program and Construction Management Services Group
staff will forwazd them to the A/E team after reviewing the RFI for clarity and understanding.
If the information required pertains to one of the A/E team's subconsultants, Willdan's
Program and Construction Management Services Group staff will forwazd a copy of the RFI
to the subconsultant in pazallel with forwarding a copy to the A/E team. When the response
to the RFI is received back from the A/E team, Wi.lldan's Program and Construction
Management Services Group staff will review the response for clarity and understanding
before forwarding it on to the General Contractor. Willdan's Program and Construction
Management Services Group staffwill maintain an RFI Log. This log will document the RFI
number, the nature of the RFI, the date the RFI was issued, the date it was forwarded to
review, who the reviewer was, the response to the RFI, the date it was received back from the
reviewer and the date it was forwarded to the General Contractor.
9. Submittals: The contract specifications will require the General Contractor to provide
submittals consisting of technical data sheets and/or shop drawings for specific
components/materials being installed. These submittals will be reviewed by the A/E team.
At the start of the project, Willdan's Program and Construction Management Services Group
staff will request that both the General Contractor and the A/E team prepare a summazy list
of all submittals required. This required list of submittals will then be reviewed by the •
General Contractor, the A/E team, the City and Willdan's Program and Construction
Management Services Group staff in order to reach agreement on exactly what the General
Contractor needs to submit. During the course of the project, the General Contractor will
submit all submittals to Willdan's Program and Construction Management Services Group
staff who will review each submittal for completeness before forwazding it to the A/E team.
As with RFIs, Willdan's Program and Construction Management Services Group staff will
maintain a Submittal Log. This log will document the submittal number, the nature of the
submittal, the date the submittal was issued, the date it was forwarded to the reviewer, who
the reviewer is, the disposition of the submittal, the date it was received back from the
reviewer, and the date it was forwazded to the General Contractor.
10. Communications: During the course of the project, various forms of communication will
occur written, electronic (e-mail), or verbal (telephone calls). Willdan's Program and
Construction Management Services Group staff will strive to have all communications
between the General Contractor and the City and any other entity flow through it. All
communications will be documented (telephone calls by notes and a-mails by hard copy
printouts) and filed. If desired by the City, copies of all communications will be provided to
the City. If the level of communication warrants, or if the City so desires, logs of all
communications will be maintained.
11. Weekl Pro ess Meetin s: A weekly progress meeting will be conducted with the General
Contractor. Additionally, the City will be anticipated to attend each of these meetings with
the A/E team attending when needed. These meetings will be held at a fixed time and day of •
the week. The meetings will review the work completed in the past week and look ahead at
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the work planned for the next two weeks. All key issues affecting the work will be
discussed. The Non-Conformance, RFI and Submittal Logs will be reviewed. Any
coordination issues with the City or any other outside agency will be discussed. Detailed
notes of the meetings will be taken and documented and provided to all attendees prior to the
next meeting.
12. Progress Photographs: Digital photographs documenting all key areas of construction will be
taken weekly. The digital images will be stored both electronically and in hazd copy.
Selected photographs from the total taken during each month will be included in the monthly
report.
13. General Contractor Monthly Pay Application: Monthly, the General Contractor will prepare
its Application for Payment on either the City's standard form, the AIA standard form, or the
General Contractor's form as directed at the beginning of the project by the City. The
application will be based on the General Contractor's claimed percentage complete for each
schedule value in the Schedule of Values contained in their contract. The General Contractor
will submit its monthly pay applications to Willdan's Program and Construction
Management Services Group staff. Willdan's Program and Construction Management
Services Group staff will review the application and if in disagreement with the General
Contractor with the percent complete of any schedule value, will attempt to resolve the
disagreement with the General Contractor. Once agreement is reached or agreement to
disagree, Willdan's Program and Construction Management Services Group staff will
• forward his recommendations for approval of the Application for Payment to the City.
Willdan's Program and Construction Management Services Group staff will, additionally,
ensure that included with the Application for Payment will be Conditional Waivers and
Releases of Lien Upon Progress Payment for the General Contractor and all appropriate
subcontractors for that Application for Payment and Unconditional Waivers and Releases of
Lien Upon Progress Payment for the General Contractor and all appropriate subcontractors
for the previous Application for Payment.
14. Chan e Orders: During the course of the project, it is inevitable that the General Contractor
will request Change Orders to their contract. The General Contractor will prepare the
Request for Change Order and submit it to Willdan's Program and Construction Management
Services Group staff. At the Pre-Construction Meeting, the format of the request and the
required backup will be discussed. The General Contractor will be expected to provide as
detailed backup as necessary to justify the change, including a breakout of all quantities,
material prices, labor hours, labor rates, overhead and profit mazkups, and any impact on
general conditions and schedule. Willdan's Program and Construction Management Services
Group staff will review the Request for Change Order. If, after this review, Willdan's
Program and Construction Management Services Group staff do not agree with the Request,
Willdan's Program and Construction Management Services Group staff will negotiate with
the General Contractor until agreement is reached. At that time, Willdan's Program and
Construction Management Services Group staff will meet with the City to present the
Request for Change Order. If all parties aze in agreement to the appropriateness of the
• change order, Willdan's Program and Construction Management Services Group staff will
prepare a Recommendation for Approval for the Change Order. Depending on the form of
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contract used, Willdan's Program and Construction Management Services Group staff will •
either prepaze or assist the City in preparing the actual Change Order. As with RFIs and
submittals, Willdan's Program and Construction Management Services Group staff will
maintain a Change Order Log. This log will document the Change Order number, the nature
of the change order, the value of the change order, the date the request was received from the
General Contractor and the disposition. This log will also include all identified potential
change orders.
15. Public Funding Requirements: The proposed replacement fire station will be constructed
with public funds, and thus will require some special requirements to be imposed on the
General Contractor and all its subcontractors. The General Contractor and all its
subcontractors will be obligated to pay "prevailing" wages to all who perform services on the
project and they also will be obligated to employ individuals who have a composite racial
and ethnic makeup equal to that of the general population. In order to ensure that this is
occurring, Willdan's Program and Construction Management Services Group staff will
perform several tasks:
A. Review the General Contractor's specifications with regazds to Labor Compliance.
B. Review with and advise the General Contractor at the pre-construction meetings of the
Labor Compliance requirements.
C. Review the General Contractor's submittals including certified payrolls, statements of
compliance, fringe benefits, employer contributions, and monthly manpower utilization •
reports for compliance. If any discrepancies aze noted in any of these submittals, the
General Contractor will be notified in writing and resolution of these discrepancies will
be tracked.
D. Perform jobsite employee interviews to verify that the employees aze awaze of the
"prevailing" wage requirements for the project and that they are receiving such wages.
16. As-Built Drawings: The General Contractor's contract with the City will require him to
"red-line" a set of drawings in order to "as-built" them. Willdan's Program and Construction
Management Services Group staff will periodically review the General Contractor's "as-
built" drawings to verify that they have "red-lined" all field changes/discrepancies.
17. Project Close-Out: Willdan's Program and Construction Management Scr~•ices Group staff
recognizes that Project Close-out is not a simple thing. Project Close-out requires a
methodical step-by-step review of all completed work and submitted documentation. Project
Close-out initiates when the General Contractor indicates he is prepared to start close-out
procedures. The first focus is on the work completed. Willdan's Program and Construction
Management Services Group staff, in conjunction with the A/E team, the City and the
General Contractor, will conduct a walkdown at the "completed" site in order to establish a
"punch list". Willdan's Program and Construction Management Services Group staff will
then•monitor the General Contractor's progress in working off the "punch list". Once the
"punch list" has been completed, a final walkdown with the same parties will be conducted to •
agree on final acceptance of the work. Willdan's Program and Construction Management
A-6
• Services Group staff will coordinate with the AB team and the City to obtain and file
whatever Certificates of Substantial Completion are required, along with final inspection
signoffs. Willdan's Program and Construction Management Services Group staff will also
monitor and track the General Contractor's submittal of all required maintenance manuals
and warranties and coordinate their review and acceptance by the A/E team. At total project
completion, Willdan's Program and Construction Management Services Group staff will
obtain all required Unconditional Final Lien Waivers from the General Contractor and his
subcontractors, as well as Final Labor Summary and Final Labor Certificate as part of the
Review and Recommendation for Final Application for Payment.
Quality Control
Willdan's Program and Construction Management Services Group staff, as Construction
Manager, will achieve Quality Control on this project through a diligent review, inspection and
testing of all work and documentation. Quality Control will start first with the Pre-Construction
Meeting, where the scope of the project will be reviewed with the General Contractor and it will
be impressed upon them the requirements of the contract documents and how they must be
adhered to. Once work starts at the site the next step in the Quality Control process will be
verifying that material and components being installed are those as specified. This will first be
verified by review of the submittal information by the A/E team. Once the material and
components arrive onsite, Willdan's Program and Construction Management Services Group
staff will spot-check these materials and components, as well as test as required, to verify they
_ match that called for on the submittal material.
Budget Control
Budget control can be a real problem if a systematic review of costs is not stazted at the very start
of the project-the initial planning phase. It is very important to establish a realistic initial
budget for a prof ect. The initial budget should take into account not only realistic hard costs
(construction costs), but also the soft costs associated with each project. Soft costs include all
consulting fees; all permitting fees; all furniture, fixtures, and equipment costs; all moving costs;
all data/ telecommunications systems and installation costs, etc.
Initial estimates of construction costs should be based not just on general square footage costs by
proposed facility squaze footage, but should also include a thorough review of the proposed site
and any unique site characteristics which could affect the ultimate construction costs.
It has been Willdan's Program and Construction Management Services Group staffs experience
that for the vast majority of projects, budgets have not been met because initially established
budgets were not realistic. If a realistic budget is established, taking into account all hazd and
soft costs, including contingency allowances, there is a good chance of achieving the proposed
budget.
Once a realistic project budget has been established, then all actual incurred costs can be
monitored and tracked against the budget. This starts with the initial design for the project. The
A/E team must be given a construction budget for the design. At the various stages of design
completion (schematic, design development, and construction documents), cost estimates of the
S project should be prepared based on the design documents. These estimates are then compared
against the original budget. If the estimates exceed this original budget, the design can be
A-7
modified to conform to the budget or a conscious decision by the City to increase the budget can •
be made.
With the design 100% complete and verification that design meets the construction budget,
budget control should not be a problem. In the real world this unfortunately is not true. Change
orders are a fact of construction, but with awell-managed project, change orders can be
minimized and taken into account in the overall budget via contingency allowances. During the
later part of design phases of the project, Willdan's Program and Construction Management
Services Group staff will be performing independent reviews of the construction documents. If
Willdan's Program and Construction Management Services Group staff finds anything during
these reviews that could lead to a potential change order, Willdan's Program and Construction
Management Services Group staff will bring it to the attention of the City and the AB team.
Should any potential change order be identified by Willdan's Program and Construction
Management Services Group staff prior to the General Contractor bidding of the project, the A/E
team and the City will be notified such that the A/E team can correct the construction documents
to eliminate the potential problem. Should any potential change order be identified by Willdan's
Program and Construction Management Services Group staff after the General Contractor
bidding has been completed but prior to the General Contractor start of construction, Willdan's
Program and Construction Management Services Group staffwill take the "offensive" and
immediately initiate negotiations with the General Contractor after developing a fair market
estimate to the potential change order cost.
Another area which possesses the potential for change orders is scope growth. The design must
be frozen or a conscious decision made by the City to change scope. Willdan's Program and •
Construction Management Services Group staffwill be firm in insisting on a "design freeze."
The final area which poses the potential for change orders is unforeseen conditions. This area is
difficult to control, but having an experienced staff that have dealt with numerous unforeseen
conditions allows us to be looking at al] times to uncover any unforeseen conditions and identify
and deal with them as quickly as possible.
Schedule Control
"Cradle-to-grave" project schedules have three major phases: the planning phase, the design
phase, and the construction phase. It has been the experience of Willdan's Program and
Construction Management Services Group staff that once a project has obtained its planning
approvals and its design has been completed, the schedule for the actual construction of the
project is the easiest phase of the overall project schedule to control and meet, pending any
unforeseen conditions. The planning phase and cl;esign phase schedules are the most difficult to
meet. In the planning phase, the reaction of the surrounding community can have a significant
impact on the duration of the planning approval process. During the design phase, particularly
when the owner is a public agency, obtaining agreement on the design from all agency
departments who have a vested interest can be very time-consuming and take unanticipated
durations of time to obtain.
Once the design is completed and the construction schedule duration has been pre-established by
the City, during the negotiation of the General Contractor's contract, the General Contractor will
have the opportunity to agree on a schedule with the City. Once the contract is signed, the •
project schedule is "cast-in-concrete" and the only thing that can change it is a change order.
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• Having a change order that increases work scope and thus contract value does not automatically
mean a change in construction schedule duration.
As a preemptive effort prior to starting any work at the site, Willdan's Program and Construction
Management Services Group staff will review the General Contractor's construction schedule to
see if it is realistic and achievable. If Willdan's Program and Construction Management
Services Group staff has any concerns with the General Contractor's schedule, they will be
addressed and resolved prior to starting any construction. In general, only change orders that
address any work on the "critical path" have the potential to have an impact on schedule. As
with budget control, a proactive approach on construction schedule control on Willdan's
Program and Construction Management Services Group staff's part will help to ensure meeting
the City's schedule requirement.
•
A-9
EXHIBIT B
Fee Schedule and Standard Billing Rates
•
(Includes Project Inspector)
Based on the Scope of Work contained in Exhibit A and Willdan's standard hourly rates contained within
following are Willdan's not-to-exceed fees, broken down by the project phase:
Phase I -Pre-Construction Phase
Perform constructability review of 75% and 95% Design Drawings
Project Director 40 hours x $180 $ 7,200
Project Construction Manager 40 hours x $145 5,800
Prepare construction cost estimate of 75% Design Drawings and Update at 95% Drawings
Project Director 10 hours x $180 1,800
Project Cost Engineer 90 hours x $140 12,600
Prepare independent CPM Schedule
•
C7
Project Director 5 hours x $180
Project Construction Manager 10 hours x $145
Project Scheduler 40 hours x $140
Assist in preparation of bid package
Project Director 5 hours x $180
Project Construction Manager 10 hours x $145
Assist in General Contractor bidding, sel~
Project Director
Project Construction Manager
Conduct Pre-Construction Meeting
Project Director
Project Construction Manager
action, and award
10 hours x $180
10 hours x $145
4 hours x $180
8 hours x $145
Pre-Construction Phase Total
900
1,450
5,600
900
1,450
1,800
1,450
720
1,160
$42,830
Phase II -Construction Phase (13 months)
Project Director
Project Construction Manager
Project Inspector
Project Cost Engineer
Project Scheduler
56 weeks x 4 hours x $180
56 weeks x 20 hours x $145
56 weeks x 10 hours x $110
56 weeks x 2 hours x $140
56 weeks x 2 hours x $140
$ 40,320
121,800
61,600
15,680
15,680
Construction Phase Total
B-1
$255,080
Phase III -Project Closeout Phase 1 month •
( )
Project Director 4 weeks x 4 hours x $180 $ 2,880
Project Construction Manager 4 weeks x 20 hours x $145 11,600
Project Closeout Phase Total $14,480
Phase IV-Project Warranty Inspections Phase (1 month)
Project Director 4 weeks x 2 hours x $180 1440
Project Closeout Phase Total $1,440
Deputy Inspection and Materials Testing
Allowance based on 1.5% of estimated construction costs of $6,000,000 $90,000
Reimbursable Costs •
Reproduction, Postage Delivery Costs, Mileage, etc. $4,730
Willdan 15% Mark-up of Subconsultant Costs $7,440
ESTIMATED TOTAL NOT-TO-EXCEED COSTS 416 000
•
B-2
W 1 LLDAN I ~ "~
. '~ Engineering reacn
•
Schedule of Hourly Rates
Effective July 1, 2008 to June 30, 2009
Principal Engineer ....................................................................... $200.00
Group Manager .................................................................. 180.00
City Engineer ...................................................................... 180.00
Project Manager ................................................................. 180.00
Program Manager ............................................................... 180.00
Supervising Engineer ......................................................... 160.00
Senior Engineer .................................................................. 145.00
Senior Design Manager ...................................................... 145.00
Design Manager ................................................................. 135.00
Associate Engineer ............................................................. 135.00
Senior Designer .................................................................. 130.00
Senior Design Engineer 11 ................................................... 130.00
Senior Design Engineer I .................................................... 125.00
Designer II .......................................................................... 120.00
Designer I ........................................................................... 115.00
Design Engineer II .............................................................. 120.00
Design Engineer I ............................................................... 115.00
Senior Drafter ..................................................................... 110.00
Drafter II ............................................................................. 100.00
Drafter I ................................................................................ 95.00
Technical Aide ...................................................................... 85.00
CONSTRUCTION• MANAf EMENT,• .•~ • . •.. _,~• .,,a
Group Manager .................................................................. 180.00
Project Manager ................................................................. 180.00
Senior Construction Manager .............................................155.00
Construction Manager ........................................................ 145.00
Assistant Construction Manager ......................................... 120.00
Utility Coordinator ...............................................................125.00
Labor Compliance Manager ...............................................120.00
Labor Compliance Specialist ................................................ 95.00
INSPECI`ION'•$ERVICES`~ ~ ""-~'' "•;'°~''"~~ ~ ~:~~
Supervising Public Works Observer ................................... 120.00
Senior Public Works Observer ...................................110.00
Public Works Observer ........................................ "*100.00/110.00
Assistant Public Works Observer ........................**100.00/110.00
.: , ,
Group Manager .................................................................. 180.00
Supervisor- Survey & Mapping .......................................... 155.00
Senior Survey Analyst ........................................................ 130.00
Senior Calculator ................................................................ 120.00
Calculator II ........................................................................ 110.00
Calculator I ......................................................................... 100.00
Survey Analyst II ................................................................. 115.00
Survey Analyst I .................................................................. 100.00
Survey Party Chief .............................................................. 115.00
Field Party (One) .................................................... 165.00
Field Party (Two) ................................................................ 220.00
Field Party (Three) .............................................................. 275.00
LANDSCAPE ARCHITsEGTGRE;;; ,;
Group Manager ..................................................................180.00
Principal Landscape Architect ............................................150.00
Senior Landscape"Architect ..................
.............................. 125.00
sociate Landscape Architect ...........................................115.00
ssistant Landscape Architect ...........................................100.00
" "`' "' '' 6UIL•D'lNG A'IVD Sa~FET1F•
Group Manager ................................................................... 180.00
Supervising Plan Check Engineer ....................................... 150.00
Building Official ................................................................... 150.00
Plan Check Engineer .......................................................... 140.00
Deputy Building Official ....................................................... 140.00
Inspector of Record ............................................................. 140.00
Senior Plans Examiner ........................................................ 125.00
Supervising Building Inspector ............................................ 125.00
Plans Examiner ................................................................... 115.00
Senior Building Inspector .................................................... 115.00
Supervisor Code Enforcement ............................................ 115.00
Building Inspector ................................................. **105.00/ 110.00
Supervising Construction Permit Specialist ......................... 105.00
Senior Construction Permit Specialist ................................. 100.00
Senior Code Enforcement Officer ....................................... ..95.00
Assistant Building Inspector ...................................**95.00/ 110.00
Code Enforcement Officer ................................................ .80.00
Construction Permit Specialist ..............................................80.00
Assistant Construction Permit Specialist .............................. .85.00
Plans Examiner Aide .............................................................75.00
Assistant Code Enforcement Officer .....................................70.00
Group Manager ................................................................... 180.00
Principal Planner ................................................................. 150.00
Principal Community Development Planner ........................ 150.00
Senior Planner .................................................................... 130.00
Senior Community Development Planner ........................... 130.00
Associate Planner ............................................................... 115.00
Associate Community Development Planner ...................... 115.00
Assistant Community Development Planner ....................... 105.00
Assistant Planner ................................................................ 105.00
Planning Technician ............................................................ ..85.00
Community Development Technician .................................. ..85.00
ADM1NlSTRAT/VE
Computer Data Entry ............................................................65.00
Clerical ...................................................... ........... 65 00
Word Processing ...................................................................65.00
Personal Computer Time ........................................:.............30.00
... , ~ ..
Mileage reimbursement will be charged at the current Federal guideline rate
at the time of billing. Vehicles w(II be charged at a monthly rate of $500.00.
" Prevailing Wage Project, Use $105.00
Additional billing classfications may be added to the above listing during the
year as new positions are created. Consultation in connection with lit~gauon
and court appearances will be quoted separately. The above schedule is for
straight time. Overtime will be charged at 1.25 times, and Sundays and
holidays, 1.70 times the standard rates. Blueprinting, reproduction,
messenger services, and printing will be invoiced at cost plus fifteen percent
(15%). A subconsultant management fee of fifteen percent (15%) will be
added to the direct cost of all subconsultant services to provide for the cost of
administration, consultation, and coordination. Valid July 1, 2008 thru June
30, 2009, thereafter, the rates may be raised once per year to the value of
change of the Consumer Price Index for the Los AngeleslOrenge County area, but
not more than five percent per year
B-3
;WILLDAN ~ ~ nding
~,. ,~ Geotechnical reach
Fee Schedule -Personnel
•
January 1, 2008
Accounting Cost Code 22208
... ~=TE~HN,IE~ S.T,,A~FF ..., r.~ .. .~
GEOTECHNICAL
Principal/Chief Engineer/Geologist ......................................... 185.00
Senior Geotechnical Engineer/Geologist ................................. 160.00
Project Engineer/Geologist ...................................................... 140.00
Senior Staff Engineer/Geologist .............................................. 120.00
Staff Engineer/Geologist .......................................................... l 00.00
Sr. Soil Technician (Non-prevailing Wages) ........................... ..75.00
Sr. Soi] Technician (Prevailing Wages) ................................... ..90.00
Soil Technician (Non-prevailing Wages) ................................. . 65.00
Soil Technician (Prevailing Wages) ........................................ ..90.00
SPECIAL INSPECTION
Construction Material Engineer ........................................... 130.00
Supervisor ................................................................................ 100.00
Special Inspection (Non-Prevailing Wages) ............................ ..65.00
Special Inspection (Prevailing Wages) .................................... ..75.00
Concrete Test Report ............................................... .10.00
..~ . - : -. ~~DMIINISTRAT/V.E
Computer Data Entry .................................................................60.00
Clerical ...................................................................................... 60.00
Word Processing .......................................................................FO ~(1
Computer Time ..........................................................................15.00
CAD Operator ............................................................................75.OU
'.. _: ••
E~CPERT WITNESS
Principal Engineer/Geologist ...................................................320.00
Staff assignments depend on availability of personnel, site location, and the level of experience that will satisfy the technical
requirements of the project and meet the prevailing standard of professional care. The above schedule is for straight time. Overtime will
be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Travel time to and from the job site will be charged at
the hourly rates for the appropriate personnel. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus •
fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to the direct cost of all subconsultant
services to provide for the cost of administration, consultation, and coordination. Mileage/Field Vehicle usage will be charged at the rate
of $.501mi1e or $5 per hour, subject to negotiation. The rates will remain firm for 120 days from the date of this submittal.
•
B-4
~~WILLDAN (;~;,
Geotechnical ~eacn
•
Fee Schedule -
January 1, 2008
Accounting Cost Code 22208
Identification and Index PI!o,`pertes :, -; ,~
In-Situ Moisture and Density (ASTM D2937) .....................20.00
Grain Size Analysis (ASTM D422)
Sieve Only (3•• to #200) ................................................... 70.00
Sieve and Hydrometer ................................................... 110.00
Percent Passing #200 Sieve (ASTM D1140) ................... 50.00
Atterberg Limits (ASTM D4318)
Multi Point ........................................................................ 90.00
One Point ........................................................................ 65.00
Specific Gravity (ASTM 0854) ......................................... 65.00
Sand Equivalent (ASTM D2419) ...................................... 70.00
•' :~ ; CompactiQn-and•Bearinq Strength
Modified Proctor Compaction (ASTM D1557)
Method A or B (4" Mold) ..................................................160.00
Method A or B (6" Mold) ..................................................185.00
Compaction, Califomia 216 .............................................160.00
Califomia Bearing Ratio CBR (ASTM D1883)
3 points ............................................................................450.00
R-Value ...........................................................................240.00
Shear Strength
Torvane/Pocket Penetrometer ......................................... 15.00
Direct Shear -per point
Consolidated-Drained (ASTM D3080) ............................. 75.00
Residual ..........................................................................120.00
Unconfined Compression (ASTM D2166) .......................100.00
Unconsolidated-Undrained (UU) ......................................135.00
Consolidation/Collapse and Swell, Tests .
Consolidation (ASTM D2435)
8 load increments w/one time-rate ................................... 140.00
Additional load increment ................................................ 20.00
Additional Time rate per load increment .......................... 40.00
Single point (collapse test) .............................................. 40.00
Single Load Swell (ASTM D4546)
Ring sample, field moisture ............................................. 60.00
Ring sample, air dried ...................................................... 60.00
Remolded sample per specimen ..................................... 40.00
Expansion Index (ASTM D4829/UBC 29-2) .................... 110.00
Laboratory•Per-heatr/itj~ ` :..• x , ,
Constant Head (ASTM D2434) ........................................225.00
Falling Head Flexible Wall (ASTM D5084) ......................275.00
Triaxial Permeability (EPA 9100) .....................................325.00
Chemical Tests
~orrosivity (pH, resistivity, sulfates, chlorides) ................150.00
Organic content (ASTM D2974) ...................................... 60.00
Laboratory
~:~.:~;~"~~~~y ,":~i~~h'~'Eoii~fruc;~ipn?~Maferia/ Testing
6X12 Concrete Cylinder (C39) .........................................20.00
2", 4", 6" Diameter Concrete Cores (Test Only) .............. 30.00
Mortar and Grout, Cylinder, Prism, and Cubes ..............30.00
Reinforcing Steel, Tensile and Bend Tests ..................... 40.00
Cylinders Pick-up ................................................. 45.00
Unit rates presented are for routinely performed geotechnical
and construction material laboratory tests. Other tests can be
performed in our laboratory, including rock core, soil cement,
and soil lime tests. Additional tests will be quoted on request.
The rates will remain firm for a period of 120 days from the
date of this submittal. Unit rates presented herein assume
samples are uncontaminated and do not contain heavy metals,
acids, carcinogens, or volatile organic compounds that can be
measured by an OVA or PID with concentrations greater than
50 ppm. Arroyo will not accept contaminated samples.
Uncontaminated samples will be disposed of 30 days after
presentation of test results.
B-5
EXHIBIT C
•
•
KEY PERSONNEL
The following individuals are identified as "key personnel" of the Willdan team.
Position Name Firm
Project Director
Project Construction Manager
Project Cost Engineer
Project Scheduler
Thomas A. Broz, P.E., S.E.
Dino D'Emilia, P.E.
John E. Mauk, CPE
Sriram Ramdass, CPE
Willdan
Willdan
O'Connor Construction Management
O'Connor Construction Management
B-1