IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date: ------
ATTESTED:
City Clerk
Date: ----------
APPROVED AS TO FORM:
Garden Grove City Attorney
Date
"CITY"
CITY OF GARDEN GROVE
By: __________ _
City Manager
"CONTRACTOR"
By: __________ _
Name: -----------
Title: -----------
Date: -----------
Tax ID No. ---------
Contractor's License: ------
Expiration Date: ______ _
If CONTRACTOR is a corporation, a Corporate Resolution
and/or Corporate Seal is required. If a partnership,
Statement of Partnership must be submitted to CITY.
271 RFP S-1307
THE END
Thank you.
For more information
Sara
Bekr
+1 949 419 4145
[email protected]
N=XG::N
DESIGN BUil.DEAS
Project Name: Central Cities Navigation Center Project Labor Classification Labor Grade
Hourly
Rate
Consultant: NexGen Design Builders Inc. Sr. Construction Manager SPM 175 $
Best And Final Offer (BAFO) Construction Inspector PM I 150 $ Site Safety Officer SS I 135 $
Labor
Gr
ade
Ho
urly Ra
te
Total Hours
TOTAL FEE
Item # Construction Mana gement & Inspection Grade $ per Hr 2,348 365,850$ Task 1 Meetings & Coordinations SPM 175 $ 353 61,707 $ Task 2 Schedule Management SPM 175 $ 285 49,921$ Task 3 Cost Control SPM 175 $ 250 43,790$
Task 4 Change Management SPM 175 $ 275 48,038$ Task 5 Submittals & RFI Management SPM 175 $ 189 33,075$ Task 6 Quality Control & Constructability
Reviews PM I 150 $ 619 92,798$
Task 7 Environmental Compliance PM I 150 $ 54 8,100$ Task 8 Site Safety & Traffic Control SS I 135 $ 74 9,990$ Task 9 Punch Walk & Close Out SPM 175 $ 72 12,658$ Task 10 Final Project Report SPM 175 $ 33 5,775$
Project Name: Central Cities Navigation Center Project Labor Classification Labor Grade
Hourly
Rate
Consultant: NexGen Design Builders Inc. Sr. Construction Manager SPM 175 $
Best And Final Offer (BAFO) Construction Inspector PM I 150 $ Site Safety Officer SS I 135 $
Labor
Gr
ade
Ho
urly Rate
Total Ho
urs
TOTAL FEE
Item # Construction Management &
Inspection Grade $ per Hr 2,348 365,850 $
Task 1 Meetings & Coordinations SPM 175 $ 353 61,707$
1.1 Initial Project Set Up - Meeting Minutes Templates, Change Order System, RFI Log, FCO Log, Submittal Logs, Invoice Review Log & Sign Off form & Maintain regularly
SPM 175$ 40 7,000$
1.2 Develop Risk Register & Maintain/Update regularly SPM 175$ 16 2,800$
1.3 Develop Project Communication Plan & Maintain/Update regularly SPM 175$ 16 2,800$
1.4 Project Initiation Meetings with Client, A&E, Stakeholders, other coordination meetings SPM 175$ 26 4,550$
1.5 Prepare Kick off Meeting Agenda SPM 175$ 4 700$
1.6 Schedule Kick off Meeting SPM 175$ 2 350$
1.7 Prepare Kick off Meeting Agenda SPM 175$ 2 350$
1.8 Conduct the Kick off Meeting SPM 175$ 2 350$
1.9 Draft & Issue Meeting Notes SPM 175$ 4 700$
1.1 Incorporate Comments SPM 175$ 1 175$
1.11 Schedule Weekly OAC Meetings SPM 175$ 39 6,762$
1.12 Prepare OAC Meeting Agenda SPM 175$ 72 12,600$
1.13 Conduct the OAC Meeting SPM 175$ 39 6,820$
1.14 Draft & Issue Meeting Minutes SPM 175$ 72 12,600$
1.15 Incorporate Comments SPM 175$ 18 3,150$
Task 2 Schedule Management SPM 175 $ 285 49,921$
2.1 Develop a Master Baseline Schedule SPM 175$ 18 3,150$
2.2 Review Contractor's 3 week look ahead schedule SPM 175$ 71 12,359$
2.3 Update the Schedule and Distribute SPM 175$ 90 15,750$
2.4 Draft & Issue Narrative on Delays and recovery method SPM 175$ 35 6,062$
2.5 Provide weekly statement of working days SPM 175$ 72 12,600$ Task 3 Cost Control SPM 175 $ 250 43,790$
3.1 Provide monthly cash flow projection SPM 175$ 8 1,400$
3.2 Update the cash flow projection on a monthly basis SPM 175$ 64 11,200$
3.3 Collect and Review invoices on a monthly basis SPM 175$ 144 25,200$
3.4 Track Quantities of Work Completed each month for invoice review SPM 175$ 34 5,990$ Task 4 Change Management SPM 175 $ 275 48,038$
4.1 Review Change Orders scope for Validity SPM 175$ 72 12,600$
4.2 Analyze Change Orders Cost Impacts SPM 175$ 36 6,300$
4.3 Analyze Change Orders Schedule Impacts SPM 175$ 36 6,300$
4.4 Perform An Independent Analysis of each Change SPM 175$ 23 3,938$
4.5 Analyze the contractor's Critical Path Method schedule SPM 175$ 18 3,150$
4.6 Negotiate Change Orders with contractor SPM 175$ 36 6,300$
4.7 Provide Update to the Client SPM 175$ 18 3,150$
4.8 Develop & Maintain a Change Order Log SPM 175$ 36 6,300$ Task 5 Submittals & RFI Management SPM 175 $ 189 33,075$
5.1 Review Contractor's Submittals, Shop Drawings, Product Data SPM 175$ 36 6,300$
5.2 Review RFIs, Provide Response SPM 175$ 36 6,300$
5.3 Conduct Meetings As Necessary to Resolve Items SPM 175$ 36 6,300$
5.4 Review all Lab Results & Material Specifications SPM 175$ 9 1,575$
5.5 Develop and Maintain a Submittal Log SPM 175$ 36 6,300$
5.6 Develop and Maintain an RFI Log SPM 175$ 36 6,300$ Task 6 Quality Control & Constructability
Reviews PM I 150 $ 619 92,798$
6.1 Implement and Maintain Quality Control Procedures PM I 150$ 20 3,000$
6.2 Perform Quality Assurance Reviews Regularly, monitor contractors work PM I 150$ 312 46,764$
6.3 Develop & Maintain a Deficiency Log PM I 150$ 39 5,846$
6.4 Perform a Constructability Review of PS&E PM I 150$ 26 3,897$
6.5 Document Site Conditions Periodically PM I 150$ 78 11,691$
6.6 Draft & Issue Daily Reports PM I 150$ 144 21,600$
Task 7 Environmental Compliance PM I 150 $ 54 8,100$
7.1 Mitigation Assessment PM I 150$ 54 8,100$
Task 8 Site Safety & Traffic Control SS I 135 $ 74 9,990$
8.1 Review Contractor's Site Safety Procedures, Provide Comments SS I 135$ 36 4,860$
8.2 Monitor Contractors Compliance with Established Safety Programs SS I 135$ 18 2,430$
8.3 Investigate and Report Safety Incidents (assuming 2 incidents) SS I 135$ 0 -$
8.4 Evaluate the Traffic Controls to ensure safe traffic handling SS I 135$ 20 2,700$ Task 9 Punch Walk & Close Out SPM 175 $ 72 12,658$
9.1 Draft Preliminary Punch List, Distribute to the Contractor SPM 175$ 8 1,400$
9.2 Ensure the Contractor Corrects the Preliminary Punch List SPM 175$ 8 1,400$
9.3 Schedule and Conduct Meeting for Client & Stakeholder for Sign Offs SPM 175$ 12 2,158$
9.4 Process Contractor's Request to Release Retention SPM 175$ 8 1,400$
9.5 Collect Required Certifications, Leases, Guarantees, Warranties, etc. SPM 175$ 20 3,500$
9.6 Review All Redlines and As Built Drawings SPM 175$ 16 2,800$ Task 10 Final Project Report SPM 175 $ 33 5,775$
10.1 Prepare the Final Project Report SPM 175$ 25 4,375$
10.2 Certified Payroll Record Close-out SPM 175$ 8 1,400$
////
1 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made _______ day of ____________, 2023, by the CITY OF GARDEN GROVE , a municipal corporation, ("CITY") and NEXGEN DESIGN BUILDERS herein after referred to as “CONSULTANT”.
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove City Council approval dated March 14, 2023.
2. CITY desires to utilize the services of CONSULTANT to provide the City with professional Construction Managem ent and Inspection Services for the Central Cities Navigation Center Project (City Project No. 1350000).
3. CONSULTANT is qualified by virtue of experience, training, education and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term and Termination The term of the agreement shall be effective as of the date first set forth above. This Agreement shall commence upon the effective date of this Agreement, and shall remain and continue in effect until tasks described herein are completed unless otherwise terminated prior to this date pursuant to the provisions of this Agreement.
2. Services to be Provided . The services to be performed by CONSULTANT shall consist of tasks , including but not limited to work plan listed in Exhibit “A”, and is incorporated herein by reference. The Exhibit and this Agreement do not guarantee any specific amount of work.
3. Compensation. CONSULTANT shall be compensated as follows:
3.1 AMOUNT. Total Compensation under this agreement s hall not exceed (NTE) amount of Three Hundred and Sixty -Five Thousand, Eight Hundred and Fifty and 00/100 Dollars ($365,850.00), payable in arrears and in accordance with the Rate and Fee Estimate attached in Exhibit “A”
3.2 Payment. For work under this Agreement, payment shall be made per invoice for work completed. Within 45 day of delivery of goods or completion of performance of services, CONSULTANT must promptly render an invoice to CITY or payment may be significantly delayed. For
2 extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on Rate and Fee Estimate included in Exhibit “A”.
3.3 Records of Expenses. CONSULTANT shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.
3.4 Termination. CITY and CONSULTANT shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.
4. Insurance requirements.
4.1 COMMENCEMENT OF WORK. CONSULTANT shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance and provide a Waiver of Subrogation in favor of the City.
4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONSULTANT and all sub -CONSULTANTs shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.
4.3 INSURANCE AMOUNTS . CONSULTANT shall maintain the following insurance for the duration of this Agreement:
(a) Commercial gene ral liability in an amount of
$2,000,000.00 per occurrence (claims made and
modified occurrence policies are not acceptable);
Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A -, Class VII or better, as
approved by the CITY.
(b) Automobile liability in an amount of $2 ,000,000.00 combined single limit (claims made and modified
occurrence policies are not acceptable); Insurance
companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
3 (c) Professional liability in an amount not less than $2,000,000. Insurance companies must be admitted and
licensed In California and have a Best’s Guide Rating of A- Class VII or better, as approved by the City. If the policy is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of the agreement, and for a period of three (3)
years from the date of the completion of services
provided. In the event of termination, cancellation, or material change in the policy, professional/ CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of professional/CONSULTANT during the course of performing services under the term of the
agreement. The coverage shall be evidenced either by a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or
new carrier.
An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it’s officers, officials, emplo yees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
For any claims related to this Agreement, CONSULTANT’s insurance coverage shall be primary insuranc e as respects CITY, it’s officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the CITY, it’s officers, officials, employees, agents, and volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONSULTANT in the event of
4 any default or breach by CITY, or for any amount which may become due to CONSULTANT.
6. Non-Discrimination. CONSULTANT covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent CONTRACTOR. It is understood and agreed that in the performance of the work and services agreed to be performed by CONSULTANT, CONSULTANT shall act and be an independent contractor and not an agent or employee of CITY, and as an independent contractor, shall obtain no rights to retirement benefits or other bene fits which accrue to CITY's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights. Any personnel performing services under this Agreement on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direct ion and control. Except for the consideration paid by CITY to contractor under Section 4 of this Agreement, CITY shall not be liable for compensation or indemnification to CONSULTANT, its officers, employees, or agents for injury or sickness arising out of performing the services hereunder. If for any reason, any court or governmental agency determines that CITY has financial obligations, other than pursuant to Section 3 herein, of any nature related to salary, taxes, or benefits of CONSULTANT 's officers, employees, servants, representatives, subcontractors, or agents, CONSULTANT shall indemnify CITY for all such financial obligations.
8. Compliance with Law. CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
CONSULTANT shall comply with, and shall be responsible for causing all CONSULTANTs and sub-CONSULTANTs performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.
9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by writt en notice.
These addresses shall be used for delivery of service of process.
a. Address of CONSULTANT is as follows:
NEXGEN DESIGN BUILDERS
Attn: SARA BEKR, PE
580 BROADWAY ST, SUITE 205
5 LAGUNA BEACH, CA 92651
[email protected]
b. Address of CITY is as follows:
Department of Community and Economic Development
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92840
Attn: Christy Le/ Alana Cheng
10. CONSULTANT'S PROPOSAL. This Agreement shall include CONSULTANT'S proposal which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
11. Licenses, Permits, and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.
12. Familiarity with Work . By executing this Agreement, CONSULTANT warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.
13. Time of Essence . Time is of the essence in the performance of t his Agreement.
14. Limitations Upon Subcontracting and Assignment . The experience, knowledge, capability, and reputation of CONSULTANT, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONSULTANT shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to CITY for the acts and omissions of its sub -CONSULTANT as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationship between any s ub-CONSULTANT and CITY. All persons engaged in the work will be considered employees of CONSULTANT. CITY will deal directly with and will make all payments to CONSULTANT.
6 15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.
16. Indemnification. To the fullest extent permitted by law, CONSULTANT shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONSULTANT, CONSULTANT'S agents, officers, employees, sub -CONSULTANTs, or independent CONSULTANTs hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.
17. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall au tomatically terminate without penalty to the CITY.
18. Modification. This Agreement constitutes the entire agreement between the parties and supersedes any previous agreements, oral or written. This Agreement may be modified only by subsequent m utual written agreement executed by CITY and CONSULTANT.
19. Waiver. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and CONSULTANT.
20. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the central branch of the Orange County Superior Court.
21. Interpretation. This Agreement shall be interpreted as though prepared by both parties
22. Preservation of Agreement . Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable.
7 \ \ \ \
(Agreement Signature Block on Next Page)
8 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date: _____________ "CITY"
CITY OF GARDEN GROVE
By:___________________________
City Manager
ATTESTED:
____________________________
City Clerk
Date: _______________________
"CONSULTANT"
NEXGEN DESIGN BUILDERS, INC.
By: ____________________________
Name: _________________________
Title: __________
Date: __________________________
Tax ID No. ______________
CONSULTANT’s License: _________
Expiration Date___________________
If CONSULTANT is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.
APPROVED AS TO FORM:
____________________________
Garden Grove City Attorney
________________________
Date
9 EXHIBIT “A”
WORK PLAN & FEE ESTIMATE
Agenda Item - 7.a.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To: Mayor and City Council From: Council Member Kim Nguyen Dept.: Dept.:
Subject: Discussion regarding
proposed letter of
commendation for Garden
Grove veteran Giovanni
Roman for his service as a
volunteer combat medic in
Ukraine, as requested by
Council Member Kim
Nguyen. (Action Item)
Date: 3/14/2023
Attached is a proposed letter of commendation for Garden Grove veteran Giovanni Roman for his service as a volunteer combat medic in Ukraine recommended for discussion.
ATTACHMENTS:
Description Upload Date Type File Name
Proposed Letter 3/6/2023 Letter Draft_Letter_of_Commendatin_for_G._Roman_(1).pdf
DRAFT
March 14, 2023
Giovanni Roman
10422 Orrey Pl
Garden Grove, CA 92843
Dear Mr. Roman:
On behalf of the Garden Grove City Council, we would like to express our deepest admiration for your service and sacrifice as a volunteer combat medic in Ukraine.
We were deeply saddened to hear of the injuries you sustained when an enemy rocket struck the Humvee you were in. Despite the challenges you faced, you demonstrated remarkable bravery and resilience, surviving the impact and undergoing surgery to treat your injuries.
Your dedication to serving your country and helping others is truly inspiring. You have already served in the Marines, worked as an emergency room technician at local hospitals, and joined the U.S. Navy on contract. When Russia's war on Ukraine began, you chose to leave the Navy and serve as a volunteer combat medic in Ukraine.
Your commitment to helping others and your selflessness are a testament to your character and the values that you hold dear. You are a true hero, and your service and sacrifice will not be forgotten.
We know that your journey to recovery will be challenging, and we want you to know that our thoughts and prayers are with you and your loved ones. We also want to express our support for your future aspirations.
Once again, we extend our sincere appreciation for your service and sacrifice. You have our utmost respect and admiration.
Sincerely,