City of Culver City, California
Agenda Item Report
Page 1 of 2
Meeting Date: 3/07/11 Item Number: C-1
REDEVELOPMENT AGENCY BOARD AGENDA ITEM: Approval of a Professional
Services Agreement with the Nickerson Company for Construction Management
Services Related to the Sepulveda Boulevard MTA Grant Project
Contact Person/Dept.:
Michael Pasternak, Community
Development;
Todd Tipton, Community Development
Phone Number: (310) 253-5708;(310) 253-
5783
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date: _______________
Public Notification: (Email) Meetings and Agendas – Redevelopment Agency (03/04/11)
Department Approval:
Sol Blumenfeld: (02/24/11)
Agency General Counsel Approval:
Murray Kane: (02/22/11)
Chief Financial Officer Approval:
Jeff Muir (by Nick Kimball) (02/24/11)
Executive Director Approval:
John M. Nachbar (03/03/11)
RECOMMENDATION:
Staff recommends that the Culver City Redevelopment Agency Board (Agency
Board) approve a professional services agreement with The Nickerson Company in
an amount not-to-exceed $25,200 for construction management services related to
the Sepulveda Boulevard MTA Grant Project (Project).
BACKGROUND:
On October 25, 2010, the Agency Board approved bid documents and authorized
staff to proceed with official notification for bids on the Project. The Project will
improve pedestrian conditions along Sepulveda Boulevard from the Culver
Boulevard intersection to the City limit line south of Franklin Avenue (Attachment 1).
The improvements include replacement street trees, street furniture, pedestrian
lighting, and crosswalk enhancements.
DISCUSSION:
The construction manager will oversee and manage the selected contractor and
report on the various stages of the construction process. Duties include: facilitating
the pre-construction meeting, writing weekly construction reports, tracking
submittals, responding to requests for information, ensuring that the project meets
ADA guidelines, and coordinating final inspection and close out procedures.
City of Culver City, California
Agenda Item Report
Page 2 of 2
Staff received construction management proposals from five engineering firms on
the Public Works Department’s list of pre-approved contractors. A summary of the
proposals received is attached. After reviewing the proposals, staff is
recommending The Nickerson Company, which has the most prior experience
working in the City of Culver City. The firm is highly recommended by the Public
Works Department staff due to its familiarity with City requirements and procedures.
The Nickerson Company also offers a competitive hourly rate and greater
accessibility through its Los Angeles based office. Public Works staff will provide
construction inspection services and coordinate with the construction manager.
FISCAL ANALYSIS:
The MTA Grant will fund $291,000 of the improvements. The Agency Board has
allocated matching funds for design, engineering, construction, and construction
management in the Agency Board Adopted Fiscal Year 2010/2011 Budget in
programs 55092910 and 57392910. Staff estimates the construction manager will
spend approximately 240 hours on the project over the course of 60 working days.
The Nickerson Company’s hourly rate for construction management is $105, which
amounts to $25,200 over the expected 240 hours of work on this Project.
ATTACHMENTS:
1. Summary of construction management proposals received.
2. Standard form Contract with The Nickerson Company for Construction
Administration and Management Services
MOTION:
That the Agency Board:
1. Approve a professional services agreement with The Nickerson Company in
an amount-not-to-exceed $25,200 for Construction Management Services related
to the Sepulveda Boulevard MTA Grant Project; and,
2. Authorize the Agency General Counsel to review/prepare the necessary
documents; and,
3. Authorize the Executive Director to execute such documents on behalf of the
Agency.
MEETING DATE: March 7, 2011
AGENDA ITEM: Approval of Contract Award with the Nickerson Company for
Construction Management Services on the Sepulveda Blvd MTA
Grant Project
ATTACHMENTS
Page
1. Summary of construction management proposals received
1
2. Standard form Contract with The Nickerson Company for
Construction Administration and Management Services
2-13
Attachment 1
Summary of Construction Management Proposals Received
Firm
Location
Hourly Rate
The Nickerson Company*
Los Angeles, CA
$105.00
AAE
Orange, CA
$90.00
GKA
Diamond Bar, CA
$95.00
CivilSource
Irivine, CA
$110.00
ADP
Irvine, CA
$135.00
*Staff’s recommendation based on prior experience working in the City, familiarity with City
requirements and procedures, firm’s proximity to Culver City, and competitive hourly rate.
Page 1 of 13
CULVER CITY REDEVELOPMENT AGENCY
STANDARD FORM CONTRACT
WITH: The Nickerson Company
FOR: Construction Administration and Management of Sepulveda Blvd. MTA
Grant Project
THIS AGREEMENT is made and entered into by and between THE CULVER
CITY REDEVELOPMENT AGENCY, a public body, corporate and politic,
hereinafter referred to as "AGENCY" and The Nickerson Company, a California
corporation, hereinafter referred to as "Consultant."
1. CONSULTANT'S SERVICES. Consultant agrees to perform, during the
term of this Agreement, the tasks, obligations, and services set forth in the
"Scope of Service" attached to and incorporated into this Agreement as
Exhibit "A.”
2. TERM OF AGREEMENT. The term of this Agreement shall be from the
effective date pursuant to Paragraph 27 of this Agreement and shall end
upon completion of the scope of services.
3. PAYMENT FOR SERVICES. Agency shall pay for the services performed
by Consultant pursuant to the terms of this Agreement, the compensation
set forth in the "Schedule of Compensation" attached to and incorporated
into this Agreement as Exhibit "B." The compensation shall be paid at the
time and manner set forth in said Exhibit "B."
4. TIME FOR PERFORMANCE. Consultant shall not perform any work
under this Agreement until (a) Consultant furnishes proof of insurance as
required under Paragraph 7 of this Agreement; and, (b) Agency gives
Consultant a written and signed Notice to Proceed.
5. DESIGNATED REPRESENTATIVE(S). Vernon Nickerson shall be the
designated Consultant Representative, and shall be responsible for job
performance, negotiations, contractual matters, and coordination with the
Agency. Consultant Representative shall actually perform, or provide
immediate supervision of Consultant’s performance of, the Scope of
Service.
6. HOLD HARMLESS. To the fullest extent permitted by law, Consultant
shall indemnify, defend (at Consultant's sole expense, with legal counsel
approved by Agency) and hold harmless the Culver City Redevelopment
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Agency, members of its Agency Board, its boards and commissions,
officers, agents, and employees (hereinafter, "Indemnitees"), from and
against all loss, damage, cost, expense, liability, claims, demands, suits,
attorneys' fees and judgments arising from or in any manner connected to
Consultant's or its employees or agent’s wrongful or negligent acts, errors
or omissions related to this Agreement. This indemnification includes, but
is not limited to, tort liability to a third person for bodily injury and property
damage.
Consultant agrees that this obligation to indemnify, defend and hold
harmless extends to liability and/or claims arising from Indemnitees'
active or passive negligence.
Notwithstanding the foregoing, nothing herein shall be construed to
require Consultant to indemnify an Indemnitee from any claim arising
from the sole negligence or willful misconduct of that Indemnitee.
The duty to defend referenced herein is wholly independent from the
duty to indemnify, arises upon written notice by Agency to Consultant of
a claim within the potential scope of this indemnification provision, and
exists regardless of any determination of the ultimate liability of
Consultant, Agency or any Indemnitee.
7. INSURANCE. Without limiting its obligations pursuant to Section 6 of
this Agreement, the Consultant shall procure and maintain, at Consultant’s
own cost and expense and for the duration of this Agreement, insurance
coverage as set forth in "Insurance Requirements" attached to and
incorporated into this Agreement as Exhibit "C.”
8. INDEPENDENT CONSULTANT STATUS. Agency and Consultant agree
that Consultant, in performing the services herein specified, shall act as an
independent Consultant and shall have control of all work and the manner
in which it is performed. Consultant shall be free to contract for similar
service to be performed for other employers while under contract with
Agency. Consultant is not an agent or employee of Agency, and is not
entitled to participate in any pension plan, insurance, bonus, worker’s
compensation or similar benefits Agency provides for its employees.
Consultant shall be responsible to pay and hold Agency harmless from
any and all payroll and other taxes and interest thereon and penalties
therefor which may become due as a result of services performed
hereunder.
9. NON-APPROPRIATION OF FUNDS. Payment due and payable to
Consultant for current services is within the current budget and within an
available, unexhausted and unencumbered appropriation of Agency. In
the event Agency has not appropriated sufficient funds for payment of
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Consultant services beyond the current fiscal year, this Agreement shall
cover only those costs incurred up to the conclusion of the current fiscal
year.
10. ASSIGNMENT. This Agreement is for the specific services with
Consultant as set forth herein. Any attempt by Consultant to assign the
benefits or burdens of this Agreement without written approval of Agency
shall be prohibited and shall be null and void; except that Consultant may
assign payments due under this Agreement to a financial institution.
11. RECORDS AND INSPECTIONS. Consultant shall maintain full and
accurate records with respect to all services and matters covered under
this Agreement. Agency shall have free access at all reasonable times to
such records, and the right to examine and audit the same and to make
transcripts therefrom, and to inspect all program data, documents,
proceedings and activities. Consultant shall maintain an up-to-date list of
key personnel and telephone numbers for emergency contact after normal
business hours.
12. OWNERSHIP OF CONSULTANT'S WORK PRODUCT. Agency shall be
the owner of any and all computations, plans, correspondence and/or
other pertinent data, information, documents and computer media,
including disks and other materials gathered or prepared by Consultant in
performance of this Agreement, or at any earlier or later time when the
same may be requested by Agency. Such work product shall be
transmitted to Agency within ten (10) days after a written request therefor.
Consultant may retain copies of such products. All written documents
shall be provided to Agency in digital and in hard copy form.
13. NOTICES. All notices given or required to be given pursuant to this
Agreement shall be in writing and may be given by personal delivery or by
mail. Notice sent by mail shall be addressed as follows:
To Agency: Culver City Redevelopment Agency
Sol Blumenfeld, Community Development Director
9770 Culver Boulevard
Culver City, CA 90232-0507
To Consultant: The Nickerson Company
Attention: Vernon Nickerson
8703 La Tijera Boulevard, Suite 209
Los Angeles, CA 90045
14. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide
Agency with a complete Request for Taxpayer Identification Number
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("TIN") and Certification, Form W-9, as issued by the Internal Revenue
Service.
15. PERMITS AND LICENSES. Consultant, at its sole expense, shall obtain
and maintain during the term of this Agreement, all appropriate permits,
licenses, and certificates that may be required in connection with the
performance of services under this Agreement including, but not limited to,
a Culver City business tax certificate.
16. APPLICABLE LAWS, CODES AND REGULATIONS. Consultant shall
perform all work in accordance with all applicable laws, codes and
regulations required by all authorities having jurisdiction over such work.
Consultant agrees to comply with prevailing wage requirements as
specified in the California Labor Code, Sections 1770, et seq.
17. PURCHASES OF SUPPLIES AND MATERIALS WITHIN CULVER CITY.
For work performed, Consultant agrees to seek bids for supplies and
materials from businesses located within the City of Culver City, with the
intent to make purchases from these businesses if such purchases can be
made at competitive prices.
18. RIGHT TO UTILIZE OTHERS. Agency reserves the right to utilize others
to perform work similar to the services provided hereunder.
19. MODIFICATION OF AGREEMENT. This Agreement may not be
modified, nor may any of the terms, provisions or conditions be modified
or waived or otherwise affected, except by a written amendment signed by
all parties hereto.
20. WAIVER. If at any time one party shall waive any term, provision or
condition of this Agreement, either before or after any breach thereof, no
party shall thereafter be deemed to have consented to any future failure of
full performance hereunder.
21. COVENANTS AND CONDITIONS. Each term and each provision of this
Agreement to be performed by Consultant shall be construed to be both a
covenant and a condition.
22. RIGHT TO TERMINATE. Agency may terminate this Agreement at any
time, with or without cause, in its sole discretion, with thirty-days’ (30-
days’) written notice.
23. EFFECT OF TERMINATION. Upon termination as stated in Paragraph 22
of this Agreement, Agency shall be liable to Consultant only for work
satisfactorily performed by Consultant up to and including the date of
termination of this Agreement, unless the termination is for cause, in which
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event Consultant need be compensated only to the extent required by law.
Consultant shall be entitled to payment for work satisfactorily completed to
date, based on a proration of the monthly fees set forth in Exhibit "B"
attached hereto. Such payment will be subject to Agency's receipt of a
close-out billing.
24. GOVERNING LAW. The terms of this Agreement shall be interpreted
according to the laws of the State of California. If litigation arises out of
this Agreement, then venue shall be in the Superior Court of Los Angeles
County.
25. LITIGATION FEES. If litigation arises out of this Agreement for the
performance thereof, then the court shall award costs and expenses,
including attorney's fees, to the prevailing party. In awarding attorney's
fees, the court shall not be bound by any court fee schedule but shall
award the full amount of costs, expenses and attorney's fees paid or
incurred in good faith.
26. INTEGRATED AGREEMENT. This Agreement represents the entire
Agreement between Agency and Consultant regarding the subject matter
hereof, and all preliminary negotiations and agreements are deemed a
part of this Agreement. No verbal agreement or implied covenant shall be
held to vary the provisions of this Agreement. This Agreement shall bind
and inure to the benefit of the parties to this Agreement, and any
subsequent successors and assigns.
27. EFFECTIVE DATE. The effective date of this Agreement is the date it is
signed on behalf of Agency, and shall remain in full force and effect until
amended or terminated; provided, that the indemnification and hold
harmless provisions shall survive the termination.
THE NICKERSON COMPANY
Dated:_______________ By________________________________
Vernon Nickerson, President
CULVER CITY REDEVELOPMENT AGENCY
Dated:_______________ By_________________________________
John Nachbar
Executive Director
(Signatures continued on Page 6)
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(Signatures continued from Page 5)
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
___________________________ ___________________________
Sol Blumenfeld Murray Kane
Assistant Executive Director Agency General Counsel
APPROVED AS TO FINANCING: APPROVED AS TO BUSINESS
TAX CERTIFICATE:
____________________________ __________________________
Jeff Muir Treasury Division
Chief Financial Officer
Acct. No.
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EXHIBIT A
CULVER CITY REDEVELOPMENT AGENCY
WITH: The Nickerson Company
FOR: Construction Administration and Management of Sepulveda Blvd. MTA
Grant Project
SCOPE OF SERVICE
Consultant shall provide the following construction administration and
management services for Sepulveda Blvd. MTA Grant Project construction of
pedestrian improvements between Culver Blvd. and the City limit line south of
Franklin Ave. on Sepulveda Blvd.
1. Pre-construction Meeting: Conduct the Pre-Construction Meeting including
notification to contractor, utility agencies, and the City’s Redevelopment
and Public Works staff.
2. Construction Inspection and Reporting: Conduct a daily site visits as
needed and be available daily by phone or e-mail during the week to
answer any project construction questions that arise and compile weekly
construction status reports and communicate same with appropriate
parties.
3. Submittal Processing: Track and coordinate with appropriate parties all
correspondence and submittals including, but not limited to: addenda,
change orders, shop drawings, traffic control, materials list, record
drawing, controller charts, operation and maintenance manuals, certified
payrolls, soil samples and tree and plant material photographs and
respond as necessary.
4. Labor Compliance: Conduct labor compliance/EEO Employee interviews,
and ensure general contractor’s compliance with Federal Labor Standards
and Provisions, including the Davis-Bacon and Related Acts.
5. RFI’s: Log, distribute and respond to each Request for Information (RFI) to
appropriate parties as required and identify potential impacts to cost or
time that may result due to issues identified in RFIs, with recommended
alternatives or solutions to mitigate potential impacts.
6. ADA Requirements: Provide coordination as necessary with appropriate
parties to assure that ADA requirements are satisfied during the
construction process and upon completion.
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7. Traffic Control: Review potential accessibility issues and ensure
installation of traffic control devices per MUTCD and as directed by City
officials.
8. Weekly Statement of Working Days: Prepare a weekly progress report to
the City.
9. Digital Photographs: Document work progress on a regular basis by
means of digital photographs properly labeled and dated.
10. Communicate with City Staff: Identify conflicts, construction problems and
coordination issues, and obtain the needed action and response to
submittals and RFIs per Section 13 of contract.
11. Schedule Control: Compare the contractor’s monthly schedule updates to
the baseline schedule and any approved time extensions; note any
shortcoming to keep the Project Schedule on track.
12. Maintenance of Records: Maintain records and copies of all items as
required by Federally funded projects including, but not limited to: plans,
specifications, and contract documents with all changes and modifications;
permits, addenda, change orders, shop drawings, product data,
submittals, samples, progress payments, inventories, applicable codes,
contractor’s reports, correspondence, certified payrolls and accident
reports.
13. Pre-Final Inspection: Perform the final job walk and prepare the punch list
(deficiency list), coordinate and observe completion of required
corrections, estimate the value of the incomplete items and recommend
specific retention in accordance with the contract.
14. Final Inspection: All corrections must be made before The Nickerson
Company recommends processing of the “Notice of Completion.” Upon
completion of the punch list and final sign off by all project stakeholders,
The Nickerson Company will make a recommendation to the City
regarding the construction contractor’s final progress payment request.
15. Close Out: Coordinate any additional close-out activities as required by
the City.
_______________ _______________
Agency Initials Consultant Initials
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EXHIBIT B
CULVER CITY REDEVELOPMENT AGENCY
WITH: The Nickerson Company
FOR: Construction Administration and Management of Sepulveda Blvd. MTA
Grant Project
SCHEDULE OF COMPENSATION
(TIME AND MATERIALS BASIS)
A. METHOD OF PAYMENT. Payment for all work performed by
CONSULTANT pursuant to the terms of this Agreement, including
CONSULTANT'S meeting with Agency staff, shall be made on the basis of
the hourly rates set forth below, plus actual out-of-pocket costs incurred in
performing the work:
PERSONNEL RATE PER HOUR
Vernon Nickerson $105.00
Mordecai Nickerson $90.00
Consultant agrees to discount the amount owed by 2% if payment by
Agency is made within ten days after receipt of the invoice.
B. BILLING. At the end of each calendar month in which services are
performed or expenses are incurred under this Agreement, and prior to the
10th day of the following month, CONSULTANT shall submit an invoice to
the Agency at the following address:
Culver City Redevelopment Agency
Attn: Todd Tipton, Redevelopment Administrator
9770 Culver Boulevard, 3rd Floor
Culver City, CA 90232
The invoice submitted pursuant to this paragraph shall show the Agency
Agreement Number, hours worked by each person who performed services
during the billing period, the hourly rate of pay for each person who
performed services, the dates on which the services were performed, a
description of the services performed, actual out-of-pocket expenses
incurred in the performance of the services, and such other information as
Agency may reasonably require.
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C. TIME OF PAYMENT. Payment to CONSULTANT shall be made within
THIRTY (30) days after submittal of CONSULTANT'S invoice and approval
by Agency.
D. MAXIMUM COMPENSATION. Notwithstanding the foregoing,
CONSULTANT shall complete all the work and tasks described in Exhibit A
for a total amount of compensation that does not exceed TWENTY FIVE
THOUSAND TWO HUNDRED DOLLARS ($25,200), which amount includes
all out-of-pocket expenses.
_______________ _______________
Agency Initials Consultant Initials
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EXHIBIT C
CULVER CITY REDEVELOPMENT AGENCY
WITH: The Nickerson Company
FOR: Construction Administration and Management of Sepulveda Blvd. MTA
Grant Project
INSURANCE REQUIREMENTS
A. Policy Requirements.
Consultant shall submit duly executed certificates of insurance for the
following:
1. An occurrence based Comprehensive General Liability ("CGL")
policy, at least as broad as ISO Form CG 0001, in the minimum amount of
One Million Dollars ($1,000,000) each occurrence, with not less than Two
Million Dollars ($2,000,000) in annual aggregate coverage.
The CGL Policy shall have the following requirements:
a. The policy shall provide coverage for personal injury, bodily
injury, death, accident and property damage and advertising
injury, as those terms are understood in the context of a CGL
policy. The coverage shall not be excess or contributing with
respect to City's self-insurance or any pooled risk
arrangements;
b. The policy shall provide $1,000,000 combined single limit
coverage for owned, hired and non-owned automobile
liability;
c. The policy shall include coverage for liability undertaken by
contract covering, to the maximum extent permitted by law.
Consultant's obligation to indemnify the Indemnitees as
required under Paragraph 6 of this agreement;
d. The Policy shall not exclude coverage for Completed
Operations Hazards or Athletic or Sports Participants; and
e. The Culver City Redevelopment Agency, the City of
Culver City, and their respective members of their City
Council, their boards and commissions, officers,
agents, and employees will be named as an additional
insured in an endorsement to the policy, which shall be
provided to the City and approved by the City Attorney.
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2. Business Automobile Liability Insurance coverage in the amount of One
Million Dollars ($1,000,000), providing coverage for use of mobile equipment
(i.e. heavy mobile equipment or vehicles primarily for use in an off-road
environment), to the extent that (1) such mobile equipment will be used within
the City limits or on City business, and (2) coverage for mobile equipment is
not otherwise covered by the CGL policy listed in subparagraph (a), above.
3. Professional/Negligent Acts, Errors and Omissions Insurance in the
minimum amount of One Million Dollars ($1,000,000) per claim, and shall
include coverage for separate "personal injury" alleged to have been
committed in the course of rendering professional services, unless such
coverage is provided by the CGL policy listed in subparagraph (a), above.
4. Workers' Compensation limits as required by the Labor Code of the
State of California with Employers' Liability limits of One Million Dollars
($1,000,000.00) per accident, if the Agreement will have Contractor
employees working within the City limits.
B. Waiver by Agency and City.
Agency and City may waive one or more of the coverages listed in
Section A, above. This waiver must be express and in writing, and will only be
made upon a showing by the Consultant that its operations in and with respect
to Agency and City are not such as to impose liability within the scope of that
particular coverage.
C. Additional Insurance Requirements.
1. All insurance listed in Paragraph A shall be issued by companies licensed
to do business in the State of California, with a claims paying ability rating of
"BBB" or better by S&P (and the equivalent by any other Rating Agency) and a
rating of A:VII or better in the current Best's Insurance Reports;
2. Consultant shall provide Agency and City with at least thirty (30) days
prior written notice of any modification, reduction or cancellation of any of the
Policies required in Paragraph A, or a minimum of ten (10) days notice for
cancellation due to non-payment.
3. Agency and City may increase the scope or dollar amount of coverage
required under any of the policies described above, or may require different
or additional coverages, upon prior written notice to Consultant.
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