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HomeMy WebLinkAboutReso 52-12 Alamo Canal Trail RESOLUTION NO. 52 - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT WITH HARRIS & ASSOCIATES TO PROVIDE CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE ALAMO CANAL REGIONAL TRAIL PROJECT - CIP NO. 960008 WHEREAS, the City's 2010-2015 Five-Year Capital Improvement Program (CIP) includes a project that will construct the Alamo Canal Regional Trail Project under CIP No. 960008; and WHEREAS, the contractor is scheduled to start construction this April and it is necessary to hire a consultant to provide construction management services and perform inspection of said project; and WHEREAS, the City desires to hire the firm of Harris & Associates to provide construction management and inspection services; and WHEREAS, in order to facilitate the approval of Contract Change Orders and avoid construction delay, it is proposed that the City Council authorize the City Manager or her designee to approve Contract Change Orders up to the contingency amount of$31 ,607. NOW, THEREFORE, BE ITRESOL VED that the City Council of the City of Dublin hereby approves the agreement with Harris & Associates to provide construction management and inspection services for the Alamo Canal Regional Trail Project in an amount not to exceed $316,073.00. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or her designee to approve the project Contract Change Orders up to the contingency amount of $31 ,607. BElT FURTHER RESOLVED that the City Manager is authorized to execute the agreement, attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 17th day of April, 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None (LlPrJ Mayor ATTE~/f?t;r City Clerk Reso No. 52-12, Adopted 4-17-12, Item 4.8 Page 1 of 1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND HARRIS & ASSOCIATES TH IS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Harris and Associates ("Consultant") as of April 17, 2012. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A. the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 3D, 2013, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. . The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant prac'tices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform. services pursuant to this Agreement. ]n the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1,1 above and to satisfy Consultant's obligations hereunder. 1.5 Site Safety. Consultant shall not be responsible for means, methods, techniques, sequences, or procedures of construction selected by the construction contractor for the project or the health or safety precautions and programs incident to the work of such contractor, and shall not be responsible for ccnstruction contractor's failure to carry out work in accordance with the contract documents. The construction contractor is solely and completely responsible for jobslte conditions including the safety of all persons and property. Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 1 of 14 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $316,073, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A. regarding the -amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: II Serial identifications of progress bills; Le., Progress Bill No.1 for the first invoice, etc.; II The beginning and ending dates of the billing period; II A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; _ II At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the AgreemElnt by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee; agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; II The Consultant's signature. . 2.2 Monthly Payment City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 2 of 14 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourlv Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the attached fee schedule. 2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed Two Thousand Dollars ($2,000). Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets In order to verify costs incurred to that date. 2,9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT, Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services. required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 3 of 14 . incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS, Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the reqUired insurance shall be submitted and made part of this Agreement prior to execution. 4,1 Workers' Compensation, Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's LiabUity Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile liability Insurance, 4,2,1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 4 of 14 including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coveraae. Gommercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City of Dublin, State of California, Zone 7 Water Agency, City of Pleasanton and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's genera! supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. . c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that na insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall nat affect coverage provided to CITY and its officers, employees, agents,.and volunteers. e. An endorsement shall state that coverage shall not be canceled except . after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shaH notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage Of in limits. Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 5 of 14 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4,3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The policy must contain a cross liability or severability of interest clause. 4.3.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4,4 All Policies Reauirements. 4.4,1 Acceptabilitvof insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less thanAVl1. 4.4.2 Verification of covera~e. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 6 of 14 i , I I I I by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each. subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self.lnsured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in CoveraQ&. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. . 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; · Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, .or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 7 of 14 · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence .or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PI::RS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. ,At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant qnly insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary; Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees RetirementSystem (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consulting Services Agreement between. City of Dublin and Harris and Associates April 17, 2012 Page 8 of 14 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Govern'n!:! Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Reaulations. To the extent that this Agreement may be funded by fiscal assistance from the federal government, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. As such, the Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the consultant; to solicit or secure this agreement; and that he/she has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without Ilability, or at its discretion; to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and Its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Consulting Services Agreement between City of Dublin and Harris and Associates April 17,2012 Page 9 of 14 Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, In its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsectfon 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approvat of the Contract Administrator. Consultant shall not subcontract any portion of the performance'contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 10 of 14 8.5 Survival. All obligations arising prior to the termination of this Agreement an-d all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. ~ 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records, Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 11 of 14 expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), . the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attomeys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. . 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. . 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assians. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. . 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a Hconfiict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 12 of 14 Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code ~1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code ~ 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Ferd Del Rosario, Senior Civil Engineer ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices, Any written notice to Consultant shall be sent to: Ron Richardson, Project Manager Harris and Associates 1401 Willow Pass Road, Suite 500 Concord, CA 94520 Any written notice to City shall be sent to: Mark Lander, City Engineer City of Dublin 100 Civic Plaza, Dublin, CA 94568 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility,. as in the following example. Seal and Signature of Registered Professional with report/design responsibility. Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 13 of 14 10.12 Inte~ration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit At represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. CITY OF DUBLIN HARRIS AND ASSOCIATES Joni Pattillo, City Manager Isaac Dee, Vice President Attest: Caroline Soto, City Clerk Approved as to Form: John Bakker, City Attorney Consulting Services Agreement between City of Dublin and Harris and Associates April 17, 2012 Page 14 of 14 J:\wpdlMnrs\'A114\OO 1\Forms\standard consu~ant services agreemenldoc EXHIBIT A SCOPE OF SERVICES Consulting Services Agreement between City of Dublin and Harris and Associates--Exhibit A April 17, 2012 Page 1 of 1 City of Dublin Alamo Canal Trail Project - Scope of Work Table of Contents Task-1 - Project Management 1.1 Project Plan - Construction Management Work Plan (CMWP) 1.2 Project Controls System Development 1.3 Monthly Project Progress Meetings and Reports 1.4 Document Management System (Contract Manager) 1.5 Neighborhood Liaison Strategy (Public Notices) 1.6 Partnering (Optional) 1.7 Subconsultant Management 1.8. Construction Strategies 1.9 Contract Negotiations Task 2 - Preconstruction Phase Activities 2.1 Constructability Reviews (Including Biddability) 2.2 Bidding Assistance before and during bid period 2.3 Construction Management Work Plan 2.4 Storm Water Pollution Prevention Plan (SWPPPP) 2.5 Pre-construction walk with contractor 2.6 Bid Review 2.7 Cash Flow Projections 2.8 Document Review Task 3 - Construction Administration Activities 3.1 Pre-construction Conferences . 3.2 Communications and Correspondence 3.3 Change Management 3.4 Monthly Construction Progress Reports 3.5 Dispute Resolution Boards (Optional Scope) 3.6 Schedule Monitoring 3.7 Cost Monitoring 3.8 Progress I Coordination Meetings 3.9 Payment Recommendations 3.10 Safety 3.11 Environmental Coordination 3.12 Neighborhood Communication (Public Notices) 3.13 Submittal Management and Review 3.14 Request for Information (RFI) Management 3.15 Document Management 3.16 Construction Change Order Assistance 3.17 Review Certified Payrolls 3.18 Falsework, Temporary Work platform & Shoring Review Task 4;.... Construction Inspection Activities 4.1 Inspection and Documentation Alamo Canal Trail Project - Scope of Work City of Dublin 4.2 Materials Testing 4.3 Surveying 4.4 Review and maintain "As Constructed Schedule" 4.5 Maintain Photographic and Video Records of Construction Progress 4.6 Review and Maintain liAs BUIlt" Drawings 4.7 Final Acceptance - Punch List Assistance 4.8 Final Inspection and Punchlist Task 5 - Construction Closeout Activities 5.1 Contract Closeout 5.2 Project As-Built Drawings 5.3 Final Project Report 5.4 Final Payment 2 Alamo Canal Trail Project - Scope of Work City of Dubli n TASK 1 - PROJECT MANAGEMENT Harris shall provide construction management services for the project. Harris shall be responsible for managing its construction management team, developing the processes and procedures for construction management, providing the resources to complete the project. In addition, Harris will also be responsible for monitoring the project budget and schedule, conducting project team meetings, implementing the quality assurance/quality control program, and communicating with the CITY OF DUBLIN. 1.1 Project Plan Pumose: The Project Plan will define the approach to managing the personnel and services to be provided to the CITY OF DUBLIN under this agreement, and will describe the overall project-level services to be provided. Approach: The Project Plan (PP) consists of the following elements: . The Scope of Work. Organization Chart and Staffing Plan. Schedule and Budget Tracking Plan. Cost Loaded Schedule showing anticipated costs of the work provided for in this agreement. . Communications Plan. Progress Reporting Procedures. . Project Closeout Procedures. Assumptions: 1. The Project Plan will be based on the assumption that the project will be constructed using ALAMO CANAL TRAIL PROJECT contract. The Plan assumes the project will begin construction in April of 2012 and be completed November 2012 (170 working days). The Plan assumes that the City will provide survey control and Harris & Associates (through its sub -KCP) will provide construction staking needed for the project. The PP will incorporate means to centralize services, share resources, and transfer experience between staff members to optimize project management efficiency. 2. The Plan assumes the Consultant services for the project will have duration from April 2012 through December 2012. If the project requires services beyond the anticipated completion date of December 31,2013 supplemental budget may be needed. 3. Harris will not be responsible for means and methods used by CITY OF DUBLIN contractors. Oeliverables: 1. Harris: Draft Construction Management Work Plan (CMWP) [2 copies for City of DUBLIN and sufficient copies for CM staff] 2. CITY OF DUBL1N: Review, comments, and approval of CMWP 3. Harris: Final Project Plan [4 COPIES] 3 Alamo Canal Trail Project - Scope of Work City ofDublio 1.2 Project Controls System Development Purpose: The Project Controls System (PCS) is an integrated cost and schedule information system that will provide Harris manag~rs and CITY OF DUBLIN staff with. current information regarding schedule, budgets, expenditures, and change orders. The PCS will be an internet based system (Contract Manager) that provides secure access to the City of DUBLIN and City of DUBLIN's Contractor for the purpose of inputting information and monitoring project progress. The master schedule of the PCS will enable critical activities and interrelationships between the contractors, suppliers, the CITY OF DUBLIN, the CITY OF DUBLIN's engineer(s), and construction manager (including its subcontractors) to be monitored efficiently during the construction phase of the project. The master schedule will provide a cash flow projection for the project during construction. Once developed, monthly updates of the schedule will reflect field progress and reports from the contractors. The cost-monitoring element of the PCS will enable project-wide monitoring of expenditures for comparison with the original budgets and budget updates resulting from change orders processed during the life of the project. Monthly reporting will enable accurate cost forecasting at any time. The automation of the above information will enable timely analysis, intervention, and decision making to enable efficient control of the project. Approach: The PCS will be developed using Primavera P3 (or a variation of this software) and Contract Manager, Microsoft Word and Excel software. A master schedule will be developed summarizing all significant activities of project related entities including the contractor, equipment suppliers, the CITY OF DUBLIN and its engineer(s), and the construction manager. The schedule will be structured to include the following: · Principal work activities of the Harris's construction manager/resident engineer, the CITY OF DUBLIN's engineer(s), contractors, and suppliers. . Level one detail extracted from the Contractors' schedules indicating the critical paths and available float time. . Activities necessary for regulatory compliance. · Relationships between submittals, approvals, procurement, and delivery of materials. Milestones associated with permitting and approvals. . Any activity requiring coordination with the CITY OF DUBLIN. . Substantial and final completion dates. 4 Alamo Canal Trail Project - Scope of Work City of Dublin The cost accounting format will use a work breakdown structure and cost categories that will be compatible with the CITY OF DUBLIN's cost accounting system. The work breakdown structure will be based contractor's activities (and bid items) and will provide the basis for cost-loading activities in the schedule. Assumptions: 1. The initial master project schedule will be developed based on information available after the award of contracts for construction. Oeliverables: Harris: 1. Implementation of Project Control System. 2. Draft master project schedule. 3. Initial master project schedule following review and approval by the CITY OF DUBLIN. 4. Initial project cost tracking documents (monthly progress payment forms). CITY OF DUBLIN: 1. Description of CITY OF DUBLIN invoicing requirements and guidelines for project work breakdown structure and cost reporting format. 1.3 . Monthly Project Progress Meetings and Reports Purpose: The monthly progress reports will consist of written reports followed by meetings to keep CITY OF DUBLIN management and other stakeholders apprised of Harris' activities under this contract. Approach: Harris will provide a brief written report covering a summary .of the status and . expenditures associated with each of the tasks described in this scope of work; including highlights of any unusual contractual issues that arise during the reporting period. . The monthly progress meetings will provide for discussion of progress reports and issues related to (a) this agreement and (b) the construction agreements. Assumptions: 1. The project monthly progress report will be provided throughout the contract period for an estimated duration of 9 months. . 2. A regular monthly meeting date and time will be established in the Project Plan. Meeting date is typically the first week of each month, the same day of the week, Le., Monday, Tuesday, etc. 3. Written progress reports will be provided to the CITY OF DUBLIN at least 3 working days in advance of each progress meeting. 4. CITY OF DUBLIN to submit proposed changes/amendments to the monthly progress reports, in writing, to Harris for its use. 5 Alamo Canal Trail Project-Scope of Work City of Dublin Deliverables: 1. Monthly project progress reports (in PDF format - emailed to City of DUBLIN) 2. Monthly progress review meetings with minutes/summaries. 1.4 Document Mqnagement System Pumose: The purpose of this subtask is to establish a system for the timely logging, filing, and tracking of project related correspondence to assure timely responses, provide a record of communications to enable efficient retrieval and establish the chronology of events for use in dispute resolution. Almroach: Harris will set up a document tracking system; using Primavera Contract Manager to maintain project files for each job site and the project office. Assumptions: 1. Actual logging, filing, and tracking of project information will be performed under separate tasks and subtasks. 2. The Local Assistance Procedures Manual Ch. 16 File Index will be adopted for all project files. Oeliverables: 1. Implementation of a computerized document management system including written procedures for use of the Harris project team. 1.5 (not used) 1.6 (not used) 1.7 Subconsultant Management: Purpose: Provide the CITY OF DUBLIN with sub-consultant services,; sub-consultants include construction staking (KCP), design support during construction (TYLI) , biological support (ICFI), materials testing consultants (city provides consultant managed by Harris) at reasonable rates. Approach: Harris staff negotiates sub-consultant agreements with its sub-consultants. Assumptions: 1. CITY OF DUBLIN will retain final approval of all selected sub-consultants and costs related to sub-consultants work. Deliverables: 1. Copies of all sub-consultant reports. Original reports will remain with Harris until project closeout, at which time all originals will be forwarded to the CITY OF DUBLIN. 2. Copies of all sub-consultant invoices billed through Harris, 6 Alamo Canal Trail Project - Scope of Work City of Dublin :1Iij.;i'r(hQiy~'~.a) TASK 2 -Pre-Construction Phase Services (portions included in scope of work) Harris shall provide specialized services during the project Pre-Construction phase,. The services are intended to involve the Project Manager and Construction Manager early in the project and to provide advanced planning for the construction phase activities. 2.1 Constructability Reviews ( not included in scope of work) 2.2 Construction Management Work Plan Purpose: Provide the CITY OF DUBLIN and Harris with uniform procedures and standards for the administration of the construction contract. Approach: Using the CITY OF DUBLIN's Construction Management Manual and the Harris Construction Management Procedures Manual, develop a procedures manual that is usable for the construction project. The Manual will bea compilation of both manuals, using various parts from each manual as appropriate and incorporating a section concerning emergencies. The approved manual will used by the CITY OF DUBLIN and Harris & Associates as it deems appropriate. Assumotions: 1. CITY OF DUBLIN has a Construction Management Manual that documents its policies and standard operating procedures. 2. The final project manual will be bound in a three ring binder to facilitate future revisions. Oeliverables: 1. Draft project manual for review.by the CITY OF DUBLIN (2 copies to City of DUBLIN) 2. After review and comments, provide final project manual to the CITY OF DUBLIN (2 copies to City of DUBLIN, 3 copies to Harris) I i. I i 2.1 Pre-construction walk with contractor Purpose: To start the construction contract with an understanding between the contractor, Harris and the CITY OF DUBLIN as to the existing conditions of the project before construction begins. Approach: Before the Notice to Proceed is given to the contractor, Harris and the contractor, with a CITY OF DUBLIN representative, walk the entire project length recording existing condItions. Project conditions are logged, videotape, and still photographs are taken to record existing conditions. Copies are provided to the contractor and the CITY OF DUBLIN if both deem it advisable. Harris will keep the originals in the project files until project completion. Assumptions: 7 Alamo Canal Trail Project - Scope of Work City of DlIblin 1. Project walk will not take longer than two days with approximately the same amount of time to log, file and copy the information. 2. Harris and the contractor, prior to the start of physical work, will review video and still photographs. Defiverables: 1. Project photographs and video of conditions before the Notice to Proceed is issued by the CITY OF DUBLIN. 2.3 Cash Flow Projections PUf/Jose: To provide the CITY OF DUBLIN with a project's anticipated billings so the CITY OF DUBLIN can better manage available resources. Approach: The contractor's baseline schedule, bid proposal, and lump sum bid item. breakdowns contain information that will allow Harris to determine the contractor's planned schedule of earnings on a project. Harris will review these documents, extract information, and prepare a projection of the CITY OF DUBLlNS cash flow requirements. Assumptions: 1. The CITY OF DUBLIN'S contract documents contain reasonable schedule requirements. Oeliverables: 1. Harris will furnish Cash Flow Projections for the project. TASK 3 - Construction Manaaement Services Harris, on behalf of the CITY OF DUBLIN, will provide construction management services for THE ALAMO CANAL REGIONAL TRAIL IMPROVEMENTS PROJECT construction contract. . The contract involves construction of A PEDESTRIAN PATH THAT WILL CONNECT THE ALAMO CANAL TRAIL AND THE CENTENNIAL TRAIL UNDER 1~580. Construction Management services will include the enforcement of all construction contract requirements included in the contract. 3.1 Pre~construction Conferences Purpose: Provide a forum for all essential project participants to meet prior to the start of work. This meeting will outline the CITY OF DUBLIN's administration of the contracts, introduction of the attendees, and record all comments and questions submitted by the contractor(s). Provides an understanding of the procedures to be used on the project(s) and what the contractor can expect from the CITY OF DUBLIN and its' consultants. Approach: Harris will schedule, prepare agenda, chair and take minutes of the pre-construCtion meeting. Outline project specifics, and inform contractor of project administration 8 Alamo Canal Trail Project - Scope of Work City of Dublin procedures. Invite all affected regulatory agencies, utilities, fire departments, police departments, and others to attend the.meeting.. Assumptions: 1. CITY OF DUBLIN will provide the meeting venue. 2. CITY OF DUBLIN will assist Harris in developing the attendee list. 3. Harris will prepare a draft agenda for CITY OF DUBLIN approval prior to the meeting. Deliverables: 1. Provide written agendas and minutes of 1 pre-construction conference. 2. Forward electronic copies of pre-construction meeting minutes to the design engineer and attendees. 3.2 Communications and Correspondence Purpose: Provide effective written and oral communications on behalf of the CITY OF DUBLIN to the contractor and other stakeholders in the administration of the contract. Approach: At the pre-construction conference obtain all pertinent information from the attendees to develop a project directory of all key personnel working on the projects. Develop a flow chart showing how correspondence is to be handled once it is received from the contractor or other stakeholders. Log all information received from contractor and others, in Contract Manager, in separate project files for action and distribution. Prepare appropriate responses and obtain CITY OF DUBLIN approval when required. All original correspondence remains with the project files. Only copies will be distributed, except for shop drawing and other product submittals. Assumptions: 1. The Local Assistance Procedures Manual Ch. 16 file index will be used for categorizing and filing all correspondence received from/sent to the CITY OF DUBLIN, contractor . and others. Oeliverables: 1. Logs of information received from the CITY OF DUBLIN, the contractor or others relating to the project. 3.3 Change Management Purpose: Provide an easily retrievable system. for dealing with all changes on the projects; regardless of who initiates the change. Approach: Review potential change orders for contractual and technical merit. Prepare independent cost estimates and schedule analysis of work if necessary. Negotiate change order costs with the contractor, as needed. Prepare change orders, with all required support documentation, for executIon by the CITY OF DUBLIN. Keep the CITY OF DUBLIN 9 Alamo Canal Trail Project - Scope of Work City of Dublin apprised of cumufative changes in cost and time and the impact of these on the overall project. . Assumptions: 1. The CITY OF DUBLIN, while consulting with the design engineers, will provide appropriate direction to Harris regarding direction on how it wants to handle certain aspects of change orders. Harris will be allowed to use its sole judgment on how best to handle cost negotiations with the contractors. Deliverables: 1. Independent cost estimates. 2. Change orders ready for execution 3. Change order summary reports 3.4 Monthly Construction Progress Reports Purpose: To keep the CITY OF DUBLIN apprised of the project status during the prescribed construction period. Approach: " Prepare a monthly report that provides construction status to the CITY OF DUBLIN and other involved parties. The monthly report shall contain, at a minimum, the following: 1. Status of contractor's schedule, what the contractor is doing to catch up if the schedule has slipped. Focus will be on critical path & other items that might become critical. 2. Construction and construction manager's costs incurred for the month. 3. Cash flow projections for both the contractor and Construction Manager. 4. Potential Issues, pending change orders and executed change orders. 5. Photographs to show construction activities and for clarity for special issues. 6. Other information deemed necessary for the CITY OF DUBLIN to have a concise understanding of the construction Projects. Assumptions: 1. CITY OF DUBLIN will assist Harris in the initial formatting of the first report. Deliverables: 1. Monthly progress report 3.5 (not used) 3.6 Schedule Monitoring Pumose: Monitor and review contractor's CPM schedule, after acceptance of baseline schedule, to ensure project is not being delayed for reasons in the control of the contractor. '. Approach: Develop procedures, using available software, to review the contractor's schedule for logic, duration, and resource changes in the contractors' monthly updates. Notify the contractor 10 Alamo Canal Trail Project - Scope of Work City of Dublin of comments to monthly schedule updates and reports and document its response forthe record. Keep CITY OF DUBLIN apprised of construction schedule and changes found in the updates. Assumptions: 1. Contract specifications will require contractors to use Critical Path Method (CPM) for scheduling its work. The preferred scheduling software is P3 or Suretrak by Primavera. Gant charts will be strictly forbidden except for time-impact analysis discussions. 2. Schedule status reports will be a part of the monthly status report only. 3. The level of effort needed does not require a professional schedule reviewer Oeliverables: 1. Schedule status report each month (included in Monthly Report). 3.7 Cost Monitoring . Purpose: To provide the CITY OF DUBLIN with a system that is easily accessible, easy to understand, and provides the required cost information for making timely decisions. Approach: Using a combination of Contract Manager and Excel software provide reports, spreadsheets and graphs to monitor expected cost outlays and actual cost outlays. Assumptions: 1. CITY OF DUBLIN is to provide direction and assistance in developing/determining information needed and reporting format from the cost monitoring system. 2. Cost monitoring will only monitor the construction contract and the Harris contract. Deliverables: 1. Implementation of the Cost monitoring system. 2. Cost projections included as part of Monthly Report. 3.8 Progress I Coordination Meetings Pumose: Conduct weekly meetings with the contractor to discuss schedules, status of RFQ's, status of submittals, issues log, old and new business concerning the project and any other business that is a concern of any party attending the meeting. To keep everyone informed as to the status of the project and discuss issues that may influence project completion. Approach: Conduct weekly meetings with the contractor and the CITY OF DUBLIN to discuss project schedule, current, and past issues that require action by someone other than the party raising the issue. Harris requests the contractors and the CITY OF DUBLIN submit agenda . items for the weekly coordination meetings. Using the proposed. agenda items and agenda items developed in house, Harris prepares an agenda for the meeting and distributes the agenda to the parties that will attend the meeting. Harris distributes the 11 Alamo Canal Trail Project - Scope of Work City of Dublin previous meeting minutes and asks for concurrence of those the attending the meeting or suggested corrections to the minutes. Minutes are filed as approved or amended. Assumptions: . 1. CITY OF DUBLIN and contractor's staff will be able to meet on a regular basis with minimal absences. 2. Meeting room will be able to seat a minimum of 10 people. 3. Meetings will not be more than once a week and will not last longer than an hour. Supplemental meetings will be scheduled to address specific topics that cannot be appropriately addressed in the weekly coordination meetings. 4. CITY OF DUBLIN is invited to attend the meetings as a participant. Separate meetings may be held with the City should sensitive items need to be discussed without the contractor. 5. Harris will lead the meeting, take notes of discussion items and distribute action minutes to attendees. 6. Contractor is required to submit a look-ahead schedule (3 week) at each weekly meeting. DeliverabJes: 1. Weekly Agenda with status of open items from previous meetings. . 2. Weekly meeting minutes with action items noted. 3. Three week look ahead schedule (prepared by the contractor and distributed at the meeting) 4. Submittal, Issues log, and RFI and RFQ working logs 3.9 Payment Recommendations Pumose: Verify the contractor's request for payment does not represent more than the amount that is reasonable for the work completed on a monthly basis. To prepare progress payment recommendations on behalf of the CITY OF DUBLIN for work completed and materials stored on hand (if allowed). Approach: Harris and contractor develop a procedure that is acceptable to the CITY OF DUBLIN for monthly progress payments and the final payment (in accordance with LAPM Section 16). Harris reviews contractors' payment requests and verifies eligible contractor pay quantities. After approval of the payment request, by Harris and the contractor, Harris prepares payment documentation, using Excel software, for approval and execution by the CITY OF DUBLIN. Assumptions: 1. Payments will be made to the contractor once each month. 2. CITY OF DUBLIN will make payments in accordance with the contract stipulations and State Law. 3, Excel software is acceptable to the CITY OF DUBLIN for preparing progress payments 12 Alamo Canal Trail Project - Scope of Work City of Dublin Deliverables: 1. Contractor progress payment and final payment request. 2. Cost summary in the Monthly status report. 3. Progress payment request documents suitable for approval and execution by the CITY OF DUBLIN. 3.10 Safety Pumose: Review and monitor contractors' compliance with his safety program. Notify contractor if unsafe condition is observed. Notify the Cal/OSHA and local authorities if contractor refuses to rectify unsafe condition. Report on accidents. Aporoach: Harris staff to observe contractor's work area. Contractors to be informed if unsafe work conditions and/or areas are observed. Failure to rectify unsafe conditions will be cause to contact Cal/OSHA and local authorities. Immediate shutdown of contractor's work may be required, if conditions endanger property and/or life. Assumptions: 1. Contract document require contractor to submit its safety program and identify safety officer prior to the start of work 2. Contract documents or contractor's safety pr0gram require contractor to submit accident reports. 3. Harris assumes no responsibility for safety of contractor's work areas. 4. Harris assumes no responsibHity for implementation of contractor safety program or its construction means and methods. 5. CITY OF DUBLIN's contractor is solely responsible for safety at each project site. DeliverabJes 1. Accident reports 2. Summary of accidents will be part of the monthly progress reports. 3.11 Environmental Coordination Pumose: . Verify contractor has copies of applicable permits and that the work activities abide by the requirements of the permits granted by regulatory agencies. Support the East Bay Regional Park District's Designer (TYLl & ICFI) in performance of their regulatory compliance scope of work. (Note that: TYLI and ICFI are working under Harris & Associates at City's request - under subcontract to Harris & Associates) . Approach: Provide support to the PROJECT as directed by CITY OF DUBLIN necessary to review and enforce requirements stipulated in permits issued by regulatory agencies. 13 Alamo Canal Trail Project - Scope of Work City ofDublin Assumptions: 1. PROJECT designer is responsible for all regulatory compliance activities. 2. Harris will provide general support to designer in performance of their duties. 3.. PROJECT designer provides a list of key activities or actions that it will perform and whether Harris needs to advise them of triggers by construction contractor. 4. All permits will be provided to Harris for review. 5. All permits will be included in the contract documents. Deliverables: 1. Notice to PROJECT designer of start of project and other activities that require action provided those items are listed and. given to Harris in sufficient time to provide timely notice. 2. Correspondence to affected parties 3.13 Submittal Management and Review' PUflJose: Provide an efficient means of processing shop-drawing and other product submittals between the contractor and the design engineer. Provide the CITY OF DUBLIN with a brief, initial review of the contractor's shop-drawing submittals before forwarding it to the design engineer. Approach: Using Contract Manager, develop a submittal list for distribution to the contractor and the design engineer. Track and submit suspense submittal logs at each coordination meeting. Follow up on all submittals that are nearing the end of the review period. Question contractors that have not provided re-submittals of shop drawings that either have been rejected or require additional information before the submittal may be approved for inclusion in the work. The following steps will be followed in reviewing the contractor's shop-drawings: 1. Log into Contract Manager all submittals by Specification number, Le., 12.01, 12.04.01, etc. 2. Ensure the contractor has provided a complete submittal, it has been coordinated with other trades and all deviations have been noted. Submittal is returned to the contractor if it is not complete: 3. Construction manager continues review for general compliance with the specification. 4. Submittal is forwarded to design engineer for formal review and acceptance. 5. Submittals are returned to Harris and the submittal status is logged into Contract Manager. . 6. Submittals are returned to the contractor for use in work. 7. Harris to inform contractor if a resubmittal is required. AssumDtions: . 1. Harris will not be responsible for errors or omissions in any submittal lists; this is the responsibility of the CITY OF DUBLIN's construction contractor. 2. Harris will not incur any costs against it because of Assumption No.1. 3. Harris will make an exhaustive review of the submittals if it is not necessarito send the submittal to the designer for approval. 14 Alamo Canal Trail Projecl- Scope of Work CilyofDublin Deliverab/es: 1. Monthly status logs of project shop drawings submittals. 2. Status log of all submittals in the Contract Manager database. 3. Log of accepted submittals. 4. Log of submittals in review. 5. Log of submittals that are not approved and will require resubmission by the contractor. 6. Fina! log of shop drawing submittals and status at end of construction. 3.14 Requests for Information (RFI) Management PU(f)ose: At times, a contractor is unable to locate information that it deems critical to its construction activity. Harris staff will receive, log and track Requests for Information (RFI) submitted by the construction contractor. The efficient management of RFls permits the timely communication between the designer and the contractor. Approach: . Harris will receive, log and review all RFI's for completeness and verify the question is reasonable and understandable. Harris will provide a short technical review of the RFI to determine if the issue is addressed adequately in the contract documents. Harris will return the RFI if the question is unclear or, in the opinion of Harris staff, the answer is contained in the contract documents. Harris will note where the requested information can be found in the contract Documents. Harris will track RFl's by creating weekly logs, using the Contract Manager software, to verify timely response from the design engineer. RFI's held longer than five days by the design engineer will be followed up with a telephone call to the appropriate person in that group. Assumptions: 1. Harris will not be held responsible for returning a RFI to the contractor in error or misunderstanding. 2. RFls will be responded to within five working days after receiving it. Facsimile or e- mailed PDFs will be used to forward RFl's to the design engineers (as required). RFls that are sent to the PROJECT design engineer will be responded to within five working days after received from Harris. 3. Harris & Associates will attempt to address RFI's prior to sending them to the PROJECT designer. Typically, those that have a specification or design issue or potential change will be forwarded to the PROJECT designer. Deliverables: 1. Log of all RFI and their status. 2. Log of all RFI answers and their status. 3.15 Document Management Purpose: Provide the CITY OF DUBLIN with an electronic means of tracking all documents exchanged between the parties involved in the construction of the project. 15 Alamo Canal Trail Project - Scope of Work City of Dublin Approach: Using Primavera Contract Manager and the City of DUBLIN File Index all documents will be logged in the project field office. Documents will be scanned into the document control system and attached to City of DUBLIN file index categories. All documents will be filed as an electronic file and hardcopy. Assumptions: 1. CITY OF DUBLIN will provide filing cabinets, of its choice, for the hardcopy files. DeliverabJes: 1. Logs of all documents in the project files (electronic and hardcopy). 2. All hardcopy project documents exchanged on the project between the various parties. 3.16 Construction Change Order Assistance Pumose: To provide'the CITY OF DUBLIN with assurance the contractor is not presenting bogus requests for extra work that was included in the original scope of the contract. To assure the CITY OF DUBLIN that the associated extra work costs and time extension requests are fair and reasonable to both the CITY OF DUBLIN and the contractor. ' Approach: There are two steps involved with this task. First, there is extra work requested by the CITY OF DUBLIN. Second, there are costs and time claimed by the contractor as alleged extra work. The steps used in assisting the CITY OF DUBLIN are similar in some respects and different in others. The approach Harris will use in assisting the CITY OF DUBLIN is as follows: Requests for ChanQes bv the CITY OF DUBLIN 1. Forward Request for Quote (RFQ) to contractor for pricing and time extension if necessary. Letter to have a brief scope of the extra work and any other information the construction manager/resident engineer believes the contractor should be aware of in order to fairly price the work. 2. Resident Engineer prepares an independent cost estimate of the extra work. 3. Construction Manager reviews the cost quote from the contractor for completeness. 4. If cost quote and resident engineers estimate is within !5%, accept the contractor's cost quote. If the difference is greater than 5%, negotiate with the contractor for a reasonable number. ' 5. Should the construction manager and the contractor be unable to negotiate a reasonable price, do the work by force account, or involve the Construction Manager of the CITY OF DUBLIN. Requests for Chanqes by Contractor 1. Review requests of alleged cost increases and/or time impacts for merit. If the construction manager/resident engineer determines the request fails on merit, the contractor will be informed of the reasons why the request is denied. Should the construction manager determine the request has merit, proceed as follows. 16 Alamo Canul Trail Project - Scope of Work City ofDubIin 2. Prepare independent cost estimate and time-impact schedule analysis of work. 3. Negotiate extra work cost and time extensions with the contractor, 4. Prepare change orders for execution by the CITY OF DUBLIN. Assumptions: 1. Harris will have authority to make minor changes to work that it determines to have no cost or time impacts to the construction projects. 2. The CITY OF DUBLIN will not negotiate with the contractor on contract changes. 3. Extra work costs successfully negotiated between Harris and the contractor wiH be submitted to the CITY OF DUBLIN for approval. 4. The CITY OF DUBLIN agrees that 5% difference in estimates is reasonable and will agree to pay the contractor's estimated price. Deliverables: 1. Independent cost estimates. 2. Independent schedule analysis. 3. Summary of negotiations and recommendations for approval. 4. Change orders ready for execution 5. Change order summary reports 6. Documents necessary to obtain approval beyond the authority of the CITY OF DUBLIN. 3.17 Review Certified Payrolls Pumose: To verify the contractor provides certified payroll reports in conformance with the provisions of the contract and applicable State Law. To verify the certified payroll reports contain information required by the Labor Code. Approach: CITY OF DUBLIN will perform this task. Assumptions: Payroll documents will be sent directly to CITY OF DUBLIN. 3.18 Falseworkl Temporary Work Platforms (Trestle) and Shoring Review Purpose: To verify the contractor provides engineered structurally adequate and safe temporary work structures necessary for the completion of the work. Approach: Receive and fOIWard engineered plans and calculations from the contractor and each of its subcontractors to the construction managers ,falseworklshoring specialist of CITY OF DUBLIN's design engineer for review and approval. 17 Alamo Cana[ Trait project- Scope of Work City of Dublin Assumptions: 1. tiarris will review all submittal for completeness prior to forwarding to specialist for review. 2. All reviews will be performed within 10 working days unless construction contract provides for alternate review time. 3. Harris will formally review all falsework, trestle and shoring submittals unless CITY OF DUBLIN specifies otherwise. Deliverables: Review of comments for all submittals; redlined drawing for items that need to be corrected, noting revise and resubmit; or other comment regarding action if any to be taken by contractor. Task 4 - Construction Inspection Services 4.1 Inspection and Documentation Purpose: Provide the CITY OF DUBLIN with documentation of construction activities, duration, and work conditions. Approach: Provide the CITY OF DUBLIN with knowledgeable people, familiar with construction activities to be performed on the project. Using Contract Manager, document the contractors' daily activities, manpower, equipment and items considered pertinent to the projects. The Resident Engineer is to review daily reports and provide instruction. to inspectors on ways to improve their daily reports. Provide documentation of labor, materials, and equipment each day in various sections of the project. Assumptions: 1. CITY OF DUBLIN will not unreasonably withhold approval of the inspectors proposed by Harris. 2. All inspections will be within the project limits. 3. Harris win not perform overtime inspections without approval by CITY OF DUBLIN Construction Manager (Overtime will be governed by Task 6.8 below) Deliverab/es: 1. Daily inspection reports. 2. Concrete placement reports. 3. Miscellaneous reports deemed necessary' by the construction managerlresident engineer and with the concurrence of the CITY OF DUBLIN Construction Manager. 4.2 Materials Testing Purpose: Provide project site and laboratory testing of construction materials used in the Project. 18 Alamo Canal Trail Project - Scope of Work Ci!:,' of Dublin Approach: Utilize the CITY OF DUBLIN's material-testing laboratory (consultant). Provide material and field-testing in accordance with test methods and frequencies specified in the CAL TRANS Construction Manual (unless City of DUBLIN specifies othel'Vllise), Assumptions: 1. Harris will manage the use of services provided by the City's material testing laboratory 2. Results will be reported promptly to the contractor through the resident engineer so that appropriate corrective action can be taken 3. Payment for retesting will be made by the contractor through appropriate deduction in monthly progress payments that may be due the contractor Defiverables: 1; Reports on all soil proctor and density tests. 2. Compression tests on all concrete samples taken on all project sites. 4.3 Surveyin~ (Construction .Staking) Purpose: To provide construction stakes in the field from which the contractor can build the project. Approach: Harris & Associates/KCP wiH use the CAL TRANS Survey Manual Section 12 as a basis to provide construction staking and notes from which the resident engineer and contractor can check and build the work. Assumptions: 1. The construction contractor will submit staking requests on forms provided by Harris & Associates, 2. Harris will review the contractor's staking request for adequacy and?ppropriateness. 3. Requests that have been determined to be appropriate will be forwarded to KCP for their survey staff to place necessary marks and information in the field. 4. Contractor shall allow at least three days for completion of all approved staking requests. Deliverables: 1. Construction Stakes and survey notes. 4.4 ~eview and maintain "As Constructed Schedule" Purpose: To track contractor's progress during construction of the project so as to verify or refute claims for delay during and at the conclusion of construction. To provide a record of all activities (start and completion dates) performed during the life of the contract. 19 Alamo Canal Trail Project - Scope of Work City of Dublin Approach: Using the daily inspection reports prepared by Harris inspectors, the contractors' schedule, site observations, and other sources of information, Harris will track and document the contractor's actual progress. The contractor's baseline critical path schedule will be used as a basis for comparing planned versus actual progress. TheCPM software described previously will be used to track the contractor's progress and build a schedule based on the contractor's activities. Assumptions: 1. Monitoring will be on a continuous basis and the "as constructed" schedule will be updated monthly. 2. Harris will review contractor's submittal at conclusion of construction. Oeliverables: 1. An "As Constructed Schedule" with one electronic file. 4.5 Maintain Photographic and Video Records of Construction Progress Purpose: To provide the CITY OF DUBLIN with a photographic and video record of the project, before, during and after construction. Approach: Using still, digital and video cameras record the conditions of the project before the contractor starts work and after the work is complete. Using the same cameras, record the contractor's progress during construction. During construction, care will be taken to record all items and/or conditions that have or may have a bearing on claimed extra work. Still photographs will have captions on the back giving the date taken, direction, and initials of the inspector taking the photograph and a brief description on the photograph. Assumptions: 1. Photographs and videos will remain at the Harris office until the end of the project. 2. Digital photographs will be archived at the Harris office until the end of the project. Deliverabfes: 1. All photographic and video records. 2. All materials and supplies acquired, and charged to the CITY OF DUBLIN, for use under this subtask 4.6 Review and Maintain "As Built" Drawings Pumose: To provide the CITY OF DUBLIN with accurate record drawings for the project. 20 Alamo Canal Trail Project- Scope of Work City of Dublin Approach: Monitor contractors required record drawings on a monthly basis. In addition to monitoring the contractor's drawings, Harris staff will maintain a copy of the contract plans for the project. Harris staff will attempt to include items that are not normally shown on the contractor's set of record drawings. This information is not necessarily construction related, but is project related and may be important in future maintenance and/or construction projects. Assumptions: 1. The PROJECT designer will be responsible for making the changes to the drawings prepared by its design engineers. 2. Harris will assist the design engineers in answering its questions regarding the record drawings. 3. Contract documents will require contractor to maintain and submit at the conclusion of construction (prior to final acceptance of contract by City) redline as-built drawings. Deliverables: 1. One set of marked up contract drawings. This set will be in addition to the contractor's marked up set of contract drawings. 2. Electronic copies of final "AS-Built" drawings 4.7 Final Acceptance - Punch List Assistance PUf/Jose: To provide the CITY OF DUBLIN with reasonable assurance the general intent of the project documents have been complied with. Approach: Coordinate a walk through with the CITY OF DUBLIN, (project design engineer - if requested), contractor, the East Bay Regional Park District maintenance staff and other stakeholders and interested parties. Prepare a punchlist with all errors, deficiencies and/or omissions noted in the walk through for the contractor to correct within a certain timetable. Harris staff will inspect items on the punch list after the contractor has notified Harris the work is complete. Completed items on the punch list will be initialed and dated as to who did the inspection and the date of the inspection. Upon completion of the punchlist- work Harris will notify the CITY OF DUBLIN and the East Bay Regional Park District the work is _ complete and forward a copy of the completed punchllst. Assumptions: 1. Work requiring correction will be included on the punchlist when it is first noted. These interim punchlists will be transmitted to the contractor periodically during the course of construction. 2. Items may be placed on the punch list at any time up until the Notlce of Completion is filed. 21 Alamo Canal Trail Project - Scope of Work City of Dublin Defiverables: 1. Completed punchlist with items initialed and dated (included with the closeout documents if required). 4.8 Final Inspection and Punchlist Purpose: To identify elements of construction requiring correction prior to final acceptance by the CITY OF DUBLIN. Approach: Following substantial completion, perform a project inspection of the completed construction. During the inspection develop a list of contract work requiring correction or rework. The written list of deficient work (punchlist) will be delivered to the CITY OF DUBLIN and CONTRACTOR within three (3) working days of the final inspection. The final punchlist will include items to be corrected that were identified previously during the course of construction. Assumptions: 1. The CITY OF DUBLIN will identify any key CITY OF DUBLIN or other agency personnel to be included in the final inspection. 2. Harris will contact and schedule all required final inspection personnel 48 hour prior to the final inspection. 3. Harris will prepare the final punchlist. DeliverabJes: 1. Notice to City of DUBLIN and East Bay Regional Park District that all Final punchlist work has been completed. Task 5 - Construction Closeout Activities 5.1 Contract Closeout Purpose: Provide the CITY OF DUBLIN with all documentation and history of the construction contract. Approach: Use a systematic approach of reviewing the documents and providing the following: 1. Summary of all project costs; 2. Copy of contractor's performance bond, good for the warranty period. Assumptions: 1. CITY OF DUBLIN will prepare and file contract Notice of Completion and Acceptance of Work. Defiverables: 1. Final project report in format required by all project stakeholders.- 22 Alamo Canal Trail Project - Scope of Work City of Dublin 5.2 Project As-Built Drawings Pumose: To provide the CITY OF DUBLIN with accurate as built drawIngs for construction contracts. Approach: Monitor contractor required record drawings on a monthly basis, In addition to monitoring the contractor's drawings, Harris will maintain a copy of the contract plans for each project. Harris will attempt to include items that are not normally shown on the contractor's set of record drawings. Assumptions: 1. The design engineers will be responsible for preparing the lias built" drawings. 2. Harris will assist the design engineers in answering its questions regarding the drawings 3. The contractor will be responsible for delivery of the redline lias built" drawings to the Harris. Deliverables: 1. One set of marked up contract drawings. This set will be in addition to the contractor's marked up set of contract drawings. 5.3 Final Project Report Purpose: To Provide the CITY OF DUBLIN with a written history of the construction contract. Approach: Harris will review the project documents and prepare a written report for the CITY OF DUBLIN. As a minimum, the report will include the following: 1. Names of all organizations involved with the Projects, Le., CITY OF DUBLIN managers, construction manager, contractor and any other parties that may have a significant part in the construction of the projects. 2. Chronological history of the construction effort, to include all significant dates. 3. Contract amounts at bid time with all other bids in tabular form. 4. Change order history, to include summary statement about each change, negoUated cost of each change and other information deemed necessary by Harris and the CITY OF DUBLIN's Construction Manager. 5. Summary of Requests for Information, in tabular or matrix form. 6. Summary of outstanding claims not resolved when the notice of completion is filed. 7. Summary of final contract amount. 8. "Lessons learned" Assumptions: 1. CITY OF DUBLI N will provide input to Harris regarding the form of the final report 23 Alamo Canal Trail Projc<:t - S cope of \V ork City of Dublin . DefiverabJes: 1. One Project Report for each construction project. One hard copy (for each agency that required one) and one electronic file will be provided. 5.4 Final Payment Purpose: To provide the CITY OF DUBLIN with the final contract cost and final balance due the CONTRACTOR. Approach: Following completion of the contract work determine the final quantities and cost of all unit price work and the final costs of all approved change order work. Prepare for CITY OF DUBLIN and CONTRACTOR execution a final balancing change order quantifying the final contract amount. Assumotions: 1. There are no outstanding issues or claims. 2. The CITY OF DUBLIN is responsible for filing Notice of Completion and addressing all subcontractor claims prior to release of final payment. Deliverables: 1.. Final balancing change order. 2. Final payment estimate. 24 EXHIBIT B COMPENSATION SCHEDULE J:\wpd\Mnrow\ 114\00 1\Fonns\standard consultant services agreement.doc 1836806.1 Consulting Services Agreement between City of Dublin and Harris and Associates--Exhiblt B April 17, 2012 Page 1 of 1 o CIO Il') ...!. ... <lJ "'C s:: :J V) - s:: <lJ E <lJ > o ... <11 D..ti E E Vi LU <11 oj) L1. "0 t: o 1:; .2 ... LU c ... .... o !: o C'l <lJ c::: ... 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