HomeMy WebLinkAboutAGENDA REPORT 2008 0416 CC REG ITEM 10NTO:
FROM:
DATE:
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
Hugh R. Riley, Assistant City Manager��
April 7, 2008 (CC Meeting of April 16��, 2008)
1 0• N. .
,:End counciilltie�t3�;
SUBJECT: Consider Award of Contract for Construction Management Services
for the Ruben Castro Human Services Center Project to Douglas E.
Barnhart, Inc.
BACKGROUND
The City Council has listed among the City's top ten priority projects, the construction of
the Ruben Castro Human Services Center. The City's past practice for providing
construction management services for major construction projects has been to retain a
Construction Management firm to provide basic services. On January 16, 2008 the City
Council authorized the release of a Request for Qualifications for Construction
Management Services using the CM- Multiple Prime delivery method where the
Construction Management Firm basically takes the place of a general contractor for a
negotiated services fee and assists the city with obtaining separate bids for the
numerous contract trades such as electrical, steel, plumbing, etc. in addition to the
traditional construction management duties.
DISCUSSION
Staff solicited proposals for construction management services for the project on
January 22, 2008. The City received proposals from the eight qualified construction
management firms listed below:
CW Driver
Douglas E. Barnhart, Inc.
GKK Works
Heery
Lundgren Management Corporation
Parsons (Withdrew proposal)
Swinerton Management and Consulting, Inc.
Vanir Construction Management
�_/ J 113
Honorable City Council
April 16, 2008
Page 2
A panel consisting of: Hugh Riley, Assistant City Manager; Yugal Lail, City
Engineer /Public Works Director, David Moe, Redevelopment Manager, and Jessica
Sczepan, Administrative Specialist conducted interviews with seven of the firms and
evaluated each with regard to the following criteria:
1. The firm's understanding of the scope of work for the management of the project.
2. The experience of the key personnel to be assigned to the project especially the
on -site staff.
3. The relevant experience of the firm with similar projects.
4. The firms record for predicting construction costs.
5. The overall impression of the firm.
The firms were ranked based on these interviews and three were selected as finalists for
further consideration. Those selected as finalists were GKK Works, Douglas E. Barnhart,
Inc, and CW Driver. The finalists were asked to submit cost proposals based on the
scope of work outlined in the City's RFQ. Costs proposals were received on April 4, 2008
and are provided as Attachment 1 to this report. Staff reviewed the cost proposals
provided by each firm and prepared an analysis of these proposals in order to compare
the number of hours to do the work from each firm and the hourly rates proposed for
each task. The analysis is included as Attachment 2 to this report. This analysis was
helpful in comparing the number of hours and hourly costs proposed by each firm for the
work. References were also contacted for the three finalists.
Based primarily on the reference check responses and interview results and the
experience of the field personnel proposed, staff is recommending that Douglas E.
Barnhart, Inc. (DEB) be awarded a contract for professional services for the project.
The final agreement will include, among other provisions, negotiated final fees and a
guarantee that the field personnel proposed will ultimately be assigned to the project. If
negotiations for these and other provisions are not satisfactory, staff would return to the
City Council with a recommendation for an alternate consultant.
FISCAL IMPACT
The Redevelopment Agency has included $125,000 for this project's construction
management services in the Agency Capital Improvement Program Budget for Fiscal
Year 2007/08. The work proposed under this contract will extend into the 2009/10 Fiscal
Year as construction completion is projected for approximately December 2009. Based
on the project schedule and the costs for individual tasks provided, this amount will be
sufficient to cover construction management as well as additional costs for special
inspections and materials testing for the current Fiscal Year. No budget amendment is
needed for the current fiscal year. Additional funds are being budgeted for this project in
���114
Honorable City Council
April 16, 2008
Page 3
the proposed Fiscal Year 2008/09 budget.
The current construction cost for the Ruben Castro Human Services Center based on
the Architect's estimate is $10.1 million. It is important to note that DEB's fee for
Construction Management is based on 4% of the construction cost. (The other
respondents proposed between 8% and 10 %). The proposed fee for the not -to- exceed
amount is based on a probable construction cost of $13.9 million. If the actual
construction cost is lower, the fee is reduced.
STAFF RECOMMENDATION (ROLL CALL VOTE)
1. Award contract to Douglas E. Barnhart, Inc. in a not -to- exceed amount of
$1,272,876.00; and
2. Authorize the City Manager to execute agreement subject to final language
approval of City Manager and City Attorney.
Attachment: 1. Cost Proposals of Finalist Firms
2. Analysis of Cost Proposals
3. Agreement for Professional Services
NOTE: Original bound copies of the Finalists' Statement of Qualifications are available
in a separate document from the Agenda Package.
ATTACHMENT 1
CONSTRUCTION MANAGEMENT
FIRM COST PROPOSALS
C.W. DRIVER
DOUGLAS E. BARNHART, INC.
GKK WORKS .
G.W. Driver
BUILDERS SINCE 1919
April 4, 2008
468 N. Rosemead Boulevard
Pasadena, CA 91107
Fax 626.351.8880
Telephone 626.351.8800
Mr. Hugh R. Riley Assistant ON Managers 0 6
Assistant City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
RE: Cost Proposal for Construction Management Services
Ruben Castro Human Services Center
Dear Mr. Riley,
C.W. Driver is honored to have been selected as a finalist to provide Construction
Management Services for the Ruben Castro Human Services Center for the City of
Moorpark.
Ultimately, the success of any Public Works Project is judged on the impact it has on
the community it is built to serve. In embarking on fulfilling the strategic goals of the
Ruben Castro Human Services Center, the City of Moorpark has determined that the
Construction Manager — Multi Prime delivery method is the best way to work towards
achieving the goals. C.W. Driver fully embraces the City of Moorpark approach.
C.W. Driver has been a Builder since 1919, and as such, brings a unique strength to
our role. Our focus is on the built environment and throughout PreConstruction
activities, Construction Management and Closeout we remain focused on the basics,
quality, schedule and budget.
We have reviewed the RFQ and the required services described therein. Based on
that review and the total estimated construction cost of $13,900,000.00, we propose
to provide the described services for 8.92% of the estimated construction cost or One
Million, Two Hundred Thirty Nine Thousand, Eight Hundred Eighty Dollars
($1,239,880.00). For you review we have attached a matrix of the items included in
our proposal.
Additionally, as a leader in the implementation of BIM technology, we are prepared to
include the modeling of the project for constructability reviews for an additional cost
of Twenty Thousand Dollars ($20,000.00).
191
Los Angeles Irvine Rancho Cucamonga San Diego License No- 102 f +�
C. W. Driver
Cost Proposal for Construction Management Services
Ruben Castro Human Services Center
April 4, 2008
Page 2
The entire C.W. Driver team is excited at the prospect of being selected to provide
the Construction Management Services for the City of Moorpark Ruben Castro
Human Services Center. We look forward to the opportunity and look forward to
your decision.
Sincerely,
J n Conaty
Vice President of Business Development
t 3:
R - € 118
L ICES SF 102
G.W. Driver
fit ILI)ERS SI \(:If )119
City of Moorpark
Ruben Castro Human Services Center
Prepared: April 04, 2008
Construction Value: $13,900,000
Pre - Construction Period: 4.00 months
Anticipated Construction Duration: 13.00 months
Printed: 414/08 11:33 AM
Page 1
011?
A
Preconstruction
Phase
B
Construction
Phase
C
Direct Cost of
Work
D
Provided by
Others
Description
OVERHEAD & FEE
Main Office Overhead
X
X
Profit
X
X
PRE - CONSTRUCTION SERVICES:
Project Executive
X
Project Manager
X
Assistant Project Manager
X
General Supervision
x
Field Superintendent
X
Estimating Labor :
X
Scheduler
X
Project Clerical
X
Constructability Reviewer
X
Bid Document Reproduction
x
Existing Conditions Investigation and Discovery
x
CONSTRUCTION SUPERVISION:
Project Executive
x
Project Manager
x
Assistant Project Manager
X
Scheduler
x
General Supervision
x
Field Superintendent
X
Assistant Superintendent
Project Clerical
Safety Director
x
GENERAL CONDITION EXPENSES:
Duration Based Items:
Safety Labor
x
First Aid Kits
x
Safety Supplies & Signs
x
Construction Photos
x
Photo Reproduction
x
Temp Utilities
x
Temp Electrical Service
x
Power Lines/Chords
x
Power Consumption
x
Water Consumption
x
Phone Company Charges
X
Temp Office Sanitation
x
Temp Chain Link Fences
x
Pedestrian Canopy
x
Watchman/ Guard Service
x
Temp Parking
x
Page 1
011?
G.W. Driver
[it "II.DVRS Sl \CF: 1919
City of Moorpark
Ruben Castro Human Services Center
Prepared: April 04, 2008
Construction Value: $13,900,000
Pre - Construction Period: 4.00 months
Anticipated Construction Duration: 13.00 months
Printed: 414/08 11:33 AM
Page 2 , lii O 012 0
A
Preconstruction
Phase
a
Construction
Phase
c
Direct Cost of
Work
D
Provided by
Others
Description
Temp Stairs / Ladders
X
Progressive Clean Up
X
Trash Removal / Dump
X
Dust Palliation
X
obsite Office /Storage
X
Field Office Furnishings
X
Arch's / IOR Job Office
X
Office Supplies
X
Blueprints & Reproduction
X
Water / Coffee Service
X
Postage / UPS
X
Nextel Service
X
Fax & Copy Machines
X
Subsistence & Travel
X
Data Processing
X
Event Based Items:
Hard Hats
X
Mobilize/Demobilize Trailers
X
Relocate Trailers
x
Power Pole Hookup
x
Temp Phone & Intercom
x
Set Subfeed Panels
x
Temp Dewatering
x
Emergency Clean Up
x
Flagmen / Traffic Control
X
Project Signs
x
Rental Equip & Tools
x
Computer Systems
x
Final Clean Up
x
Qther Items
Payment and Performance Bond
x
Subcontractor Bonds
x
Bid Document Reproduction
x
Builder's Risk Insurance
x
Building Permit and Plan Check Fees
x
Contractor's Contingency
x
Contractor's Liability Insurance
x
Escalation
x
Labor Compliance Program
x
Professional Liability Insurance
x
Testing & Inspections
x
Utility Connection and Assessment Fees
x
Page 2 , lii O 012 0
TH
barnhart, inc.
ANNIVERSARY
April 4, 2008
Hugh R. Riley
Assistant City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Cost Proposal for Construction Management Services
Ruben Castro Human Services Center
Dear Mr. Riley,
Barnhart, Inc. is pleased to submit this cost proposal for the Ruben Castro Human
Services Center. The costs below reflect the scope of services identified in your Request
For Qualifications, dated January 30, 2008:
A. Construction Manager's Fee
4% of Construction Cost
Based upon a Construction Cost of $13,900,000, the CM Fee woul be:
$556,000.
B. Pre - Construction Phase General Conditions
We project a 2 -1/2 month period to complete these services, using part-time s—taffing as
required. Staff will be based out of our Oxnard regional office. The cost to complete this
phase will be:
$39,976.
C. Prime Contractor Bidding and Contract Award Phase General Conditions
We project a 1 -1/2 month period to complete these services, using part-time staffing as
required. Staff will be based out of our Oxnard regional office. The cost to complete this
phase will be:
$ 32,641.
D. Construction Phase General Conditions
We project a 12 month period to construct your facility. We will set up temporary facilities
on site which will accommodate the following Barnhart staff: a full -time superintendent, a
full -time field office manager, and a part-time project manager. A part-time project
engineer will primarily assist with mobilization, submittals, and document control set up.
The position will float between the project site and the Oxnard regional office. A
scheduler will be assigned to this project and will work off site. All costs for Barnhart
office supplies, telephones, computer equipment, safety training, safety equipment, and
vehicles are included. All costs for trade contractor field toilets are included. The cost to
complete this phase will be:
$484,569.
/O
Corporate Office: Post Office Box 270399, San Diego, California 92198 -2399, (858! 385 -8200, FAX (858) 385 -8201 6 �JO �2
License No. 439407 • www.debinc.com
E. Post - Construction Phase General Conditions
We project a 1 month period to complete these services, with part -time staffing as
required. Based on prior experience, we anticipate that the temporary facilities will be
demobilized by the start of this phase. The cost to complete this phase will be:
$ 25,000.
Total Cost: $1,138,186.
Additive Alternate Options
Additive Alternate 1: Furnish BIM Modeling $ 35,000.
Additive Alternate 2: Furnish Security Service $ 72,000.
(This alternate may not be necessary due to proximity to Police Station)
Additive Alternate 3: Furnish Maintenance of SWPPP $ 27,690.
Total Cost With Alternates 1, 2, and 3:
$1,272,876.
Qualifications
1. The above cost structure does not allow for any owner - created or design team -
created delays.
2. The above cost structure does not carry any contingencies. We understand the
City will carry in its budget an appropriate construction contingency.
3. Plans and Specifications for bidding will be posted online by Barnhart. Costs of
printed copies will be either a reimbursable or furnished directly by the City.
4. The above cost structure assumes the following items will be furnished by the
Trade Contractors: initial SWPPP installation, construction fencing, daily clean
up, dumpsters, final cleaning, traffic control, temporary electrical connection, and
temporary water connection. Should it be desired by the City, Barnhart can
furnish these items for an additional cost.
5. The above cost structure assumes that the following items will be furnished by
the City: printing of plans and specifications for review, bidding, and construction
purposes, temporary electrical usage charges, temporary water usage charges,
permit costs. Should it be desired by the City, Barnhart can furnish these items
for an additional cost.
Barnhart appreciates the opportunity to submit this cost proposal, and we thank you for
your consideration. Please call me if you have any questions.
%y,L
Chris Haga
Vice President
Distribution:
Bill Sharp
Suresh Rayana
? �) V 122
g k kwo r k *cftw:
April 4, 2008
Hugh R. Riley, Assistant City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
I V E
0 4
RE: The City of Moorpark -Ruben Castro Human Services Center, (RCHSC)
Dear Members of the Selection Committe:
gkkworks is pleased to submit the following information in response to your inquiry regarding our
BIM technology capabilities, staffing plan and fee. Consequently, this service will not increase our
originally proposed fees.
gkkworks utilizes BIM technology and understands its critical importance in today's building
environment. BIM is an integral part of our service approach. This process is embedded into our
company culture as we conduct constructability reviews. The BIM process:
• Increases speed of delivery
• Ensures better accuracy in the field
• Resolves conflicts before we break ground
• Ensures better cost efficiency
We have assigned Rafael Alvarez, our firm's BIM specialist for your project. Rafael directs all of
gkkworks' BIM services, and will oversee and manage the entire BIM process for your Human
Services Center. With more than ten years of experience working with BIM and similar technologies
he adds a wealth of expertise to our team and your project.
We have included Rafael's resume with this letter, as well as examples of his work, both in hard
copy and on a flash drive. Our presentation includes specific details and screen shots of projects
in which we used BIM for constructability reviews and clash detection. We have also included a
detailed staffing plan breaking -down pre- construction, construction, and close -out phases.
155 S. Fair Oak Avenue I PASADENA I CA 91105 la ii s12 3 i �?
626.666.6906 1 626.666.3940 �� 0
F?
k-
We are looking forward to the opportunity of working with you, and are confident that we will
provide the City of Moorpark with a very successful project. We are ready to start work with you
immediately.
Please call me if you have any questions or would like any additional information.
Sincerely,
Charlie Merrick
Vice President of Construction
155 S. Fair Oak Avenue I PASADENA I CA 91105
626.666.6906 1 626.6663940ItsJ
"lU A C1 r
Syracuse University School of Architecture,
Syracuse, NY, Bachelor of Architecture
Studied abroad centered in Florence, Italy
Revit Basic and Advanced Training
Autodesk Univesity
AUG] CAD Camp
Member of AECIT Leaders Roundtable
SUMMARY
On the cutting -edge of Building Information
Modeling (BIM), Mr. Alvarez has more than
10 years of experience in the latest design
information technology. He is responsible for
strategic planning of gkkworks' in -house IT
department and planning and integration of all
CAD production.
"Jew Y)rk ll=Cy 0ly1111r'ic SI -k1iUm NY NY c1 -'
Press Enterprise Headquarters, Riverside, CA - Construction Cost $20 M
Buena Park Police Department, Buena Park, CA - Construction Cost $15 M
Temple Einmanuca Temple Addition, White Plains, NY - Construction Cost -12 M
{_golf Club H «use, Union Vale, NY - $5 M
Westchester School for Special Children, New Classroom Wing Expansion, Yonkers, NY
- Construction Cost $10 M
New Public Pool Bathhouse, Bedford Hills, NY - Construction Cost $2 M
• Develops BIM standards, workflows and best practices
• Coordinates subcontractor and consultant efforts in the development of the BIM
Model
• Manages CAD / BIM support personnel
• Develops and presents final BIM study
• Lead project team meetings for new technology implementation
• Evaluates workflows and new technologies in the context of the needs of the
architectural profession
• Manages firm wide AutoCAD system along with customizations for all office
locations
• Coordinates and updates different CAD standards per market segment
• Planning and deployment of new software for CAD and 3d visualization
• Develops and deployed a firm wide BIM implementation plan
• Researchs and development of new technologies
• Completes benchmark tests and ROI analyses
• Identifies and highlights areas of conflict' and concerns
gkkwork-
v
y
Labor, Overhead & Fee: $1,270,000
General Conditions: $198,000
Total Cost: $1,468,000
* BIM modeling is included in our overall fee
structure.
IRP
Al
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90126
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City of Moorpark Ruben Castro Human Services Center
Staffing Schedule
w....w. w ......
PROJECT STAFF: 0
VE
Est
PreQual
1
2
3
4
5
6
1 7
8
9
10
Il
12
13
1 I
2
3
1 4
TOTAL
HOURS
Project Executive / Director
0
0
0
0
0
0
0
0
0
0
0
-0-0
0
0
0
0
0
0
Oj
0
0
Operations Manager
0
0
0
0
8
8
8
8
8
8
8
8
8
8
8
8
8
0
0
01
0
104
Project Manager
0
16
24
80
160
160
160
160
160
160
160
160
160
160
160
160
160
80
80
01
0
2360
Project Manager A
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Project Manager
er B
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Project Engineer A
0
0
0
80
160
160
160
160
160
160
160
160
160
160
160
160
160
160
80
0
0
2400
Project Engineer B
0
0
0
0
0
0
0
0
0
0
0
-0-0
0
0
0
0
0
0
0
0
0
Assistant Project Engineer A
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
U
0
0
0
0
Assistant Project Engineer B
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
General Superintendent
0
0
0
0
8
8
8
8
8
8
8
8
8
8
8
8
8
0
0
0
0
104
Project Superintendent A
0
0
0
0
160
160
160
160
160
160
160
160
160
160
160
160
160
160
80
0
0
2320
Project Su rintendent B
0
0
0
0
0
0
0
U
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Assistant Project Su erintendent A
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Assistant Pro eat Superintendent B
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Administrative Assistant A
0
0
0
0
80
80
80
80
80
80
80
80
80
80
80
80
80
80
80
0
0
1200
Administrative Assistant B
0
0
0
0
0
0
0
0
0
0
0
01-
0
0
0
0
0
0
0
0
0
0
Estimator
0
40
320
80
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
440
Scheduling
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
*unassigned*
0
0
0
0
0
0
0
0
0
0
ul
01
0
()1
ul
1 01
0
0
0
0
TOTAL - PROJECT STAFF ESTIMATED HOURS i
01
56
3441
240
5761
576
5761
576
5761
5761
5761
5761
5761
5761
576
576
4 o
320
0
0
8.928
u
ATTACHMENT 2
COST PROPOSAL ANALYSIS
Total
$ 1,259,880.00
$ 1,173,186.00
$ 1,468,000.00
* *Barnhart also proposed two additional items totaling $99,690. It will be up to City Staff to
decide if we need to take advantage of these additional services. If we use these services their
total fee would be $1,272,876
N
OC
BIM
General
Firm
Fee
Modeling
Conditions
C.W. Driver
$1,239,880.00
$ 20,000.00
ind in fee
Douglas E. Barnhart, inc. **
$1,138,186.00
$ 35,000.00
ind in fee
GKK Works
$1,270,000.00
ind in fee
$ 198,000.00
Total
$ 1,259,880.00
$ 1,173,186.00
$ 1,468,000.00
* *Barnhart also proposed two additional items totaling $99,690. It will be up to City Staff to
decide if we need to take advantage of these additional services. If we use these services their
total fee would be $1,272,876
N
OC
ATTACHMENT 3
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF MOORPARK AND DOUGLAS E.
BARNHART, INC. FOR CONSTRUCTION MANAGEMENT
SERVICES FOR THE RUBEN CASTRO HUMAN
SERVICES CENTER
This Agreement is made and entered into in the City of Moorpark on this
day of , 2008, by and between the City of Moorpark ( "City "), a public
body, corporate and politic, and Douglas E. Barnhart, Inc., a California corporation
providing consulting services ( "Consultant "). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
I. Term
This Agreement shall commence on and shall remain and
continue in effect until the tasks described herein, and on any amendments hereto, are
completed, unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
City hereby retains Consultant in a contractual capacity to perform construction
management services as set forth in Exhibit A, Proposal, attached hereto and
incorporated herein. If the Proposal is modified by this Agreement, or in the event there
is a conflict between the provisions of the Proposal and this Agreement, the language
contained in this Agreement shall take precedence.
3. Performance
Consultant shall at all times faithfully, competently and to the best of his /her
ability, experience, and talent, perform all tasks described herein. Consultant shall
employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Consultant hereunder to meet its
obligations under this Agreement.
4. Responsible Individuals
The individual directly responsible for Consultant's overall performance of the
Agreement provisions herein above set forth and to serve as principal liaison between
Consultant and City shall be Chris Haga, Vice President, or designee.
The City Manager, or his designee, shall represent City in all matters pertaining to
the administration of this Agreement, review and approval of all products submitted by
Consultant. The City Manager is authorized to act on City's behalf to execute all
Professional Services Agreement between Page 1 of 8
City of Moorpark and Douglas E. Barnhart, Inc.
t � 00129
necessary documents which increase the scope of services or change Consultant's
compensation, subject to Section 5 hereof.
5. Payment
a) For providing services as specified in this Agreement, City shall pay and
Consultant shall receive as full compensation a total sum based on fees as shown in
Proposal, in no event shall total compensation for the herein described work exceed that
described in the proposal without prior written authorization from City.
b) In the event that additional work is required of Consultant, beyond the Scope of
Work for this Agreement, Consultant may be authorized to undertake and complete such
additional work only if such authorization is provided in writing, identifying the exact
nature of the additional work required and a "not -to- exceed" fee to be paid by City for
such work.
c) Consultant will submit invoices at the completion of each of the tasks. Invoices
shall be submitted on or about the first business day of the month, or as soon thereafter
as practical, for services provided. Payment shall be made within 30 -days of receipt of
each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees it
shall give written notice to Consultant within 15 -days of receipt of an invoice of any
disputed fees set forth on the invoice.
6. Incorporation by Reference
All exhibits herein referenced are hereby incorporated into and made a part of the
Agreement.
7. Suspension or Termination of Agreement without Cause
a) The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Consultant at least
ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall
immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
b) In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of the
termination, provided that the work performed is of value to the City. Upon termination of
the Agreement pursuant to this Section, the Consultant will submit an invoice to the City
pursuant to Section 5.
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8. Default of Consultant
a) The Consultant's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Consultant is in default for cause under the terms
of this Agreement, City shall have no obligation or duty to continue compensating
Consultant for any work performed after the date of default and can terminate this
Agreement immediately by written notice to the Consultant. If such failure by the
Consultant to make progress in the performance of work hereunder arises out of causes
beyond the Consultant's control, and without fault or negligence of the Consultant, it
shall not be considered a default.
b) If the City Manager or his /her designee determines that the Consultant is in
default in the performance of any terms or conditions of this Agreement, the City
Manager shall cause to be served upon the Consultant a written notice of the default.
The Consultant shall have ten (10) days after service of said notice in which to cure the
default by rendering a satisfactory performance. In the event that the Consultant fails to
cure its default within such period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this Agreement without further notice
and without prejudice to any other remedy to which it may be entitled at law, in equity or
under this Agreement.
9. Indemnification for Professional Liabilit
Consultant agrees to indemnify, protect, defend, and hold harmless the City of
Moorpark, and any and all of its officials, employees, and agents from and against any
and all losses, liabilities, damages, costs and expenses, including attorney's fees and
costs to the extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Consultant, its officers, agents, employees or sub - consultants in the
performance of professional services under this agreement.
10. Indemnification for Other than Professional Liability
Other than in the performance of professional services and to the full extent
permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any
and all of its officials, employees and agents from and against any liability (including
liability for claims, suits, actions, arbitration proceedings, administrative proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs, and
expert witness fees), where the same arise out of, or are a consequence of, or are in any
way attributable to, in whole or in part, the performance of this Agreement by Consultant
or by any individual or entity for which Consultant is legally liable, including but not
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limited to officers, agents, employees, subconsultants, or contractors and subcontractors
of Consultant.
11. General Indemnification Provisions
Consultant agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subconsultant,
contractor, subcontractor, or any other person or entity involved by, for, with, or on behalf
of Consultant in the performance of this Agreement. In the event Consultant fails to
obtain such indemnity obligations from others as required here, Consultant agrees to be
fully responsible according to the terms of this section. Failure of City to monitor
compliance with these requirements imposes no additional obligations on City and will in
no way act as a waiver of any rights hereunder. This obligation to indemnify and defend
City as set forth here is binding on the successors, assigns or heirs of Consultant and
shall survive the termination of this agreement or this section.
City does not and shall not waive any rights that it may have against Consultant
by reason of this Section, because of the acceptance by City, or the deposit with City, of
any insurance policy or certificate required pursuant to this Agreement. The hold
harmless and indemnification provisions shall apply regardless of whether or not said
insurance policies are determined to be applicable to any losses, liabilities, damages,
costs and expenses described in Section 9 and 10 of this Agreement.
12. Insurance
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit B attached to and part of this
Agreement.
13. Independent Consultant
a) Consultant is and shall at all times remain as to the City a wholly independent
Consultant. The personnel performing the services under this Agreement on behalf of
Consultant shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Consultant or any of Consultant's officers, employees, or agents, 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, employees, or agents are in any manner officers, employees,
or agents of the City. Consultant shall not incur or have the power to incur any debt,
obligation, or liability whatever against City, or bind City in any manner.
b) No employee benefits shall be available to Consultant in connection with the
performance of this Agreement. Except for the fees paid to Consultant as provided in the
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Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services
hereunder.
14. Notices
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by 1) personal service, 2) delivery
by a reputable document delivery service, which provides a receipt showing date and
time of delivery, or 3) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at
any other address as that party may later designate by notice:
City: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
Consultant: Douglas E. Barnhart, Inc.
Post Office Box 270399
San Diego, CA 92198 -2399
Attn: Chris Haga, Vice President
15. Assignment
The Consultant shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the City. It is
understood and acknowledged by the parties that Consultant is uniquely qualified to
perform the services provided for in this Agreement.
16. Entire Agreement
This written Agreement, including all writings specifically incorporated herein by
reference, shall constitute the complete Agreement between the parties hereto. No oral
Agreement, understanding, or representation not reduced to writing and specifically
incorporated herein shall be of any force or effect, nor shall any such oral Agreement,
understanding, or representation be binding on the parties hereto. Should interpretation
of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement
was prepared by the parties jointly and equally, and shall not be interpreted against
either party on the ground that the party prepared the Agreement or caused it to be
prepared. No waiver of any provision of this Agreement shall be deemed or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
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City of Moorpark and Douglas E. Barnhart, Inc.
waiver constitute a continuing or subsequent waiver of the same provisions. No waiver
shall be binding, unless executed in writing by the party making the waiver.
17. Anti - Discrimination
In the performance of the terms of this Agreement, Consultant agrees that it will
not engage in, nor permit such subcontractors as it may employ, to engage in
discrimination in employment of persons because of the age, race, color, creed, sex,
sexual orientation, national origin, ancestry, religion, physical disability, medical
disability, medical condition, or marital status of such persons. Violation of this provision
may result in the imposition of penalties referred to in the Labor Code of the State of
California Section 1735.
18. General Conditions
a) Consultant agrees not to work for any private firm located within the City limits
or its Area of Interest, or for any public agency where its jurisdiction includes all or part of
the City without the prior written consent of the City, during the term of this Agreement.
Furthermore, Consultant agrees to limit its actions related to economic interest and
potential or real conflicts of interest as such as defined by applicable State law to the
same standards and requirements for designated City employees.
b) City shall not be called upon to assume any liability for the direct payment of
any salary, wage or other compensation to any person employed by Consultant
performing services hereunder for City.
c) At the time of 1) termination of this Agreement or 2) conclusion of all work, all
original reports, documents, calculations, computer files, notes, and other related
materials whether prepared by Consultant or its subcontractor(s) or obtained in the
course of providing the services to be performed pursuant to this Agreement shall
become the sole property of City. Any word processing computer files provided to City
shall use Microsoft Word for Windows software.
d) Nothing contained in this Agreement shall be deemed, construed or
represented by City or Consultant or by any third person to create the relationship of
principal or agent, or of a partnership, or of a joint venture, or of any other association of
any kind or nature between City and Consultant.
e) In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of any
alleged breach of any provision of this Agreement, the prevailing party shall be entitled
to recover its costs and expenses, including reasonable attorney's fees, from the losing
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001.34
party, and any judgment or decree rendered in such a proceeding shall include an award
thereof.
f) Cases involving a dispute between City and Consultant may be decided by an
arbitrator if both sides agree in writing on the arbitration and on the arbitrator selected,
with costs proportional to the judgment of the arbitrator.
g) The captions and headings of the various Sections and Exhibits of this
Agreement are for convenience and identification only and shall not be deemed to limit
or define the content of the respective Sections and Exhibits hereof.
h) If any portion of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions will never - the -less continue
in full force without being impaired or invalidated in any way.
i) No officer, employee, director or agent of the City shall participate in any
decision relating to this Agreement which affects the individual personal interest or the
interest of any corporation, partnership, or association in which he is directly or indirectly
interested, or shall any such person have any interest, direct or indirect, in this
Agreement or the provisions thereof.
19. Governing Law
The City and Consultant understand and agree that the laws of the State of
California shall govern the rights, obligations, duties, and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement.
This Agreement is made, entered into, and executed in Ventura County,
California, and any action filed in any court or for arbitration for the interpretation,
enforcement or other action of the terms, conditions or covenants referred to herein shall
be filed in the applicable court in Ventura County, California.
20. Authority to Execute this Agreement
The person or persons executing this Agreement on behalf of Consultant warrants
and represents that this individual has the authority to execute this Agreement on behalf
of the Consultant and has the authority to bind Consultant to the performance of its
obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK:
Steven Kueny
City Manager
ATTEST:
Deborah S. Traffenstedt, City Clerk
CONSULTANT:
Exhibit "A ": Proposal for Professional Services
Exhibit "B ": Insurance Requirements
Professional Services Agreement between
City of Moorpark and Douglas E. Barnhart, Inc.
Page 8 of 8
,; o0jL36
TH
EXHIBIT A ®�
barnhart, inc.
ANNIVERSARY
April 4, 2008
Hugh R. Riley
Assistant City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Cost Proposal for Construction Management Services
Ruben Castro Human Services Center
Dear Mr. Riley,
Barnhart, Inc. is pleased to submit this cost proposal for the Ruben Castro Human
Services Center. The costs below reflect the scope of services identified in your Request
For Qualifications, dated January 30, 2008:
A. Construction Manager's Fee
4% of Construction Cost
Based upon a Construction Cost of $13,900,000, the CM Fee would be:
$556,000.
B. Pre - Construction Phase General Conditions
We project a 2 -1/2 month period to complete these services, using part-time staffing as
required. Staff will be based out of our Oxnard regional office. The cost to complete this
phase will be:
$ 39,976.
C. Prime Contractor Bidding and Contract Award Phase General Conditions
We project a 1 -1/2 month period to complete these services, using part-time staffing as
required. Staff will be based out of our Oxnard regional office. The cost to complete this
phase will be:
$ 32,641.
D. Construction Phase General Conditions
We project a 12 month period to construct your facility. We will set up temporary facilities
on site which will accommodate the following Barnhart staff: a full -time superintendent, a
full -time field office manager, and a part-time project manager. A part-time project
engineer will primarily assist with mobilization, submittals, and document control set up.
The position will float between the project site and the Oxnard regional office. A
scheduler will be assigned to this project and will work off site. All costs for Barnhart
office supplies, telephones, computer equipment, safety training, safety equipment, and
vehicles are included. All costs for trade contractor field toilets are included. The cost to
complete this phase will be:
$484,569.
Corporate Office: Post Office Box 270399, San Diego, California 92198- 2399.. (858) 385- 8200.. FAX (858) 385 -8201 - } v U,„3 j
License No. 439407 - www.debinc.coni
E. Post - Construction Phase General Conditions
We project a 1 month period to complete these services, with part-time staffing as
required. Based on prior experience, we anticipate that the temporary facilities will be
demobilized by the start of this phase. The cost to complete this phase will be:
$ 25,000.
Total Cost: $1,138,186.
Additive Alternate Options
Additive Alternate 1: Furnish BIM Modeling $ 35,000.
Additive Alternate 2: Furnish Security Service $ 72,000.
(This alternate may not be necessary due to proximity to Police Station)
Additive Alternate 3: Furnish Maintenance of SWPPP $ 27,690.
Total Cost With Alternates 1, 2, and 3:
$1,272,876.
Qualifications
1. The above cost structure does not allow for any owner - created or design team -
created delays.
2. The above cost structure does not carry any contingencies. We understand the
City will carry in its budget an appropriate construction contingency.
3. Plans and Specifications for bidding will be posted online by Barnhart. Costs of
printed copies will be either a reimbursable or furnished directly by the City.
4. The above cost structure assumes the following items will be furnished by the
Trade Contractors: initial SWPPP installation, construction fencing, daily clean
up, dumpsters, final cleaning, traffic control, temporary electrical connection, and
temporary water connection. Should it be desired by the City, Barnhart can
furnish these items for an additional cost.
5. The above cost structure assumes that the following items will be furnished by
the City: printing of plans and specifications for review, bidding, and construction
purposes, temporary electrical usage charges, temporary water usage charges,
permit costs. Should it be desired by the City, Barnhart can furnish these items
for an additional cost.
Barnhart appreciates the opportunity to submit this cost proposal, and we thank you for
your consideration. Please call me if you have any questions.
:;ZZ_
Chris Haga
Vice President
Distribution:
Bill Sharp
Suresh Rayana
, oJ( 131
EXHIBIT B
Insurance Requirements
Prior to the beginning of and throughout the duration of the Work, Consultant will
maintain insurance in conformance with the requirements set forth below. Consultant will
use existing coverage to comply with these requirements. If that existing coverage does
not meet the requirements set forth here, Consultant agrees to amend, supplement or
endorse the existing coverage to do so. Consultant acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the limits and
coverage required in this agreement and which is applicable to a given loss, will be
available to City.
Consultant shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$2,000,000 per occurrence and $5,000,000 in the aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including
symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event
to be less than $1,000,000 per accident. If Consultant owns no vehicles, this
requirement may be satisfied by a non -owned auto endorsement to the general liability
policy described above. If Consultant or Consultant employees will use personal autos in
any way on this project, Consultant shall provide evidence of personal auto liability
coverage for each such person.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written
on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
Agreement.
Worker's Compensation on a state - approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
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Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A- or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and City agree to the following with respect to insurance provided by
Consultant:
1. Consultant agrees to have its insurer endorse the third party general liability
coverage required herein to include as additional insureds City, its officials,
employees, servants, agents, and independent consultants ( "Agency
indemnities "), using standard ISO endorsement No. CG 2010 with an edition prior
to 1992. Consultant also agrees to require all contractors and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Consultant, or Consultant's employees, or agents, from waiving the right
of subrogation prior to a loss. Consultant agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractor's to do likewise.
3. All insurance coverage and limits provided by Consultant and available or
applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or
its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so- called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Consultant shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior
written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates
of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to City at or
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prior to the execution of this Agreement. In the event such proof of any insurance
is not delivered as required, or in the event such insurance is canceled at any
time and no replacement coverage is provided, City has the right, but not the duty,
to obtain any insurance it deems necessary to protect its interests under this or
any other agreement and to pay the premium. Any premium so paid by City shall
be charged to and promptly paid by Consultant or deducted from sums due
Consultant, at City option.
8. Certificates are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements of the
certificate.
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Consultant or any subconsultant, is intended to apply
first and on a primary, non - contributing basis in relation to any other insurance or
self insurance available to City.
10. Consultant agrees to ensure that subcontractors, and any other party involved
with the project, who is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant.
Consultant agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Consultant agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for
review.
11. Consultant agrees not to self- insure or to use any self- insured retention or
deductibles on any portion of the insurance required herein and further agrees
that it will not allow any contractor, subcontractor, or other entity or person in any
way involved in the performance of work on the project contemplated by this
agreement to self- insure its obligations to City. If Consultant's existing coverage
includes a deductible or self- insured retention, the deductible or self- insured
retention must be declared to the City. At that time the City shall review options
with the Consultant, which may include reduction or elimination of the deductible
of self- insured retention, substitution of other coverage, or other solutions.
12. The City reserves the right at any time during the term of the contract to change
the amounts and types of insurance required by giving the Consultant ninety (90)
days advance written notice of such change. If such change results in substantial
Professional Services Agreement between
City of Moorpark and
.;90141
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage, only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of this
Agreement.
14. Consultant acknowledges and agrees that any actual or alleged failure on the part
of the City to inform Consultant of non - compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
15. Consultant will renew the required coverage annually as long as City, or its
employees or agents face an exposure from operations of any type pursuant to
this Agreement. This obligation applies whether or not the Agreement is canceled
or terminated for any reason. Termination of this obligation is not effective until
City executes a written statement to that effect.
16. Consultant shall provide proof that policies of insurance required herein expiring
during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and /or additional insured endorsement is required in these specifications
applicable to the renewing or new coverage must be provided to City within five
days of the expiration of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Consultant under this agreement. Consultant expressly agrees not
to use any statutory immunity defenses under such laws with respect to City, its
employees, officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are
not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference
to a give coverage feature is for purposes of clarification only as it pertains to a
given issue, and is not intended by any party of insured to be limiting or all -
inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
Professional Services Agreement between
City of Moorpark and
_, 90142
20. The requirements in this Section supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
21. Consultant agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the City. It is
not the intent of City to reimburse any third party for the cost of complying with
these requirements. There shall be no recourse against City for payment of
premiums or other amounts with respect thereto.
22. Consultant agrees to provide immediate notice to City of any claim or loss against
Consultant arising out of the work performed under this agreement. City assumes
no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
Professional Services Agreement between
City of Moorpark and
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