HomeMy WebLinkAbout4.12 LibraryConstructSvcsCITY CLERK
File # OQ❑ O❑-0�
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 21, 2000
SUBJECT: Consultant Services for Construction Management,
Civic Center Library.
Report prepared by: Herma Lichtenstein, Parks & Facilities
Development Manager
ATTACHMENTS:
1. Consultant Services Agreement
2. Budget Change Request
RECOMMENDATION: /J v 1. Approve Agreement and authorize Mayor to execute same
!�(� 2. Approve Budget Change
FINANCIAL STATEMENT: The proposed fee for services under the agreement is $439,235;
clerical support to be provided by City is $81,691. The total cost for
construction management for the project is $520,926. The Capital
Improvement Program includes $351,401 for construction
management. Additional funding for $169,525 is needed. In order to
execute the agreement and proceed with hiring clerical support, a
budget change for $69,966 for FY 2000-2001 is needed. The balance
will be included in the Fiscal Year 2001-2002 budget.
DESCRIPTION: In August of 1999 the City Council authorized BSA Architects to
develop a design and construction documents for the new Dublin Library. Over the past year BSA has
completed schematic design, design development and is now nearing completion on the construction
documents. As part of the construction process the City had budgeted for a Construction Management
Consultant to do pre -bid reviews, day to day construction management and project close out.
City staff solicited Request for Proposals for construction management in September 2000. Four firms
submitted proposal and all four were interviewed in October. The firms were Critical Solutions, Inc.,
Harris and Associates, Pacific Program Management, and Richard Sampson Associates. Of the four
Pacific Program Management (Pacific) provided the City with the qualifications that were most closely
suited to the City's requirements and the project.
Consultant Services Agreement
The proposed Consultant Services Agreement prepared by the City Attorney and approved by Pacific is
shown in Attachment A. A summary of the scope of work under the Agreement, by phase, as well as the
proposed fee and schedule is shown below.
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COPIES TO: Pacific Program Management
ITEM NO..
CMcontnov00
SCOPE OF SERVICES
Pre-construction/Bid/Award Phase 11/00- 4/00
Construction Phase 5/01 - 11/00
Post Construction Phase 12/02
Reimbursable Costs
Total:
$ 71,140
$345,230
$ 9,865
$ 13,000
$439,235
A. Services During Pre-Construction: $71,140
Communications
Pacific will coordinate between the City and user groups; Architect/Engineer, contractor(s), and other
consultants to ensure that all parties are kept informed and involved.
Constructibility Reviews
Pacific will perform an in-depth review of the design documents as they are developed to help ensure their
completeness, accuracy, and proper coordination between disciplines. Pacific will assess all documents
for clarity, integration of plans and specifications, and absence of ambiguities. Pacific will then submit a
report with the findings of the constructibility review and recommendations for corrective actions to the
City and Architect.
Construction Planning and Pre-Purchasing
During the construction document phase, Pacific will identify long lead items, which the City or the
Contractor may want to purchase.
Bid and Award Phase Management
Pacific will market local contractors to increase both bid quantity and competitiveness. During the
bidding phase, Pacific's construction project manager will be directly responsible for the coordination of
addenda, answering contractor questions and general oversight of the process.
Pre-Bid Conference
Pacific will hold one pre-bid conference which all bidders, the architect and appropriate City staff will
attend. The pre-bid conference will also include a video of existing site conditions during the
walkthrough.
Bid Opening
Pacific will review bids to determine if the bidders appear to be responsive.
Bid Award
Pacific will assist the City in filing the necessary forms for compliance with necessary regulations.
B. Services During Construction: $345,230
Upon commencement of construction, Pacific's construction/project, manager will be at the jobsite full
time. Pacific will provide contract administration as an agent and representative of the City and will
establish and implement coordination procedures between the City, Architect/Engineer, and contractor.
Submittal Procedures
Pacific will establish and implement procedures for submittals, change orders, payment requests and other
necessary documentation.
Weekly Job-site Meetings
Pacific's construction/project manager will conduct weekly job-site progress meetings with the contractor,
the City, the design consultant, and all other appropriate parties.
Coordination of Technical Inspection and Testing
Pacific will coordinate all necessary inspections. All technical inspection reports will be submitted in a
format approved by Pacific on a daily basis. The City will provide City inspection staff for Building and
Civil Inspections. These inspections will include code compliance and permit sign off inspections. The
inspectors will report directly to Pacific and submit copies of daily inspection logs to the construction
manager.
Construction Observation
Pacific will observe the progress of the work and advise the City of any deviations, defects or deficiencies
in the work including reasonable diligence to discover work that is not in compliance with the contract
documents. Pacific will make recommendations to the City and the design consultant in instances where
Pacific observes work that, in its opinion, is defective or not in conformance with contract documents.
Construction Progress Review
Pacific will review construction progress with the contractor(s), observe completed work and contim that
on site materials are properly stored on a monthly basis, and evaluate the percentage complete of each
construction activity as indicated in the construction schedule.
Monthly Construction Schedule Updates
Pacific will prepare and distribute monthly construction schedule updates.
Monthly Contractor Payment
Pacific, with City staff and architect, will review and make recommendations to the City pertaining to
monthly payment to each contractor.
Monthly Construction Payment Reports
Pacific will prepare and distribute monthly construction payment reports. This payment report will reflect
the total construction contract percent complete, contractor's payment to date, current payment requested,
percent retained, and actual amounts owed for the current period.
Chan~e Order Processing System
Pacific will establish and implement a change order processing system. All requests for proposals and
change orders will be tracked in a log, which will be the basis for Pacific's chang~ order report to the City.
Negotiation of Change Order Costs and Time Extensions
Pacific will advise the City of acceptability of price and time extension prior to the execution of any
change order.
As-Built Schedule and Documents
Pacific will coordinate and expedite functions connected with the contractor's obligation to provide "as-
built" documents. Pacific will review the contractor's as-built documents monthly: This will be required
condition of monthly pay applications submitted by the contractor.
Training Sessions
Pacific will coordinate and schedule training sessions for the City and County maintenance and
operational personnel.
Substantial Completion
Pacific in conjunction with the design consultant will make a determination of the remaining work
necessary for "substantial completion", and notify the contractor of any deficiencies.
Final Completion
Pacific, with the design consultant, will conduct a final comprehensive review of the project and provide a
report to the City indi. cating whether the work performed is acceptable under the contract documents and
the relevant project data and whether the contractor should receive final payment.
C. Services Post-Construction $9,865
Warranties/Bonds and As Built Documents
Pacific will ensure that all required warranties, maintenance bonds, operation maintenance manuals, and
as-built documents are submitted prior to the contractor's final payment. These documents will be turned
over to the City at the projects completion.
Close-out Report
Pacific will prepare final project accounting and closeout reports of all report systems. These reportS will
summarize, for historical purposes, any items that are not self-explanatory procedures developed by the
City.
Move-In Coordination
Pacific will assist the City in preparing requests for proposals, soliciting quotes, conducting pre-moving
conferences and administer the contact for moving activities for the project.
Claims Management
Pacific will provide timely responses to the Contractor, proper project controls, accurate documentation,
and fair and reasonable field administration. Pacific will .track correspondence, requests for information,
submittals, change orders, field instructions, and deficiency notices-complete and accurate project
information.
Clerical SuODort
In addition, the proposal from Pacific included full time clerical support for the duration of construction
for the cost of $134,064. In reviewing the proposal it was determined that the City could provide the
clerical support for a cost of $81,691. This cost includes $5,000 in supply ~osts such as a computer, desk,
telephone, etc. This could be accomplished by hiring an Office Assistant 1 for the duration of the project
as a limited term employee.
Recommendation:
In order to proceed with the scope of work under the agreement and to provide clerical support, additional
fimding in the amount of $169,525 is needed. A budget change for $69,966 for Fiscal Year 2000-2001 is
necessary: the balance of $95,809 will be included in the Fiscal Year 2001-2002 Budget.
It is the recommendation of Staff that the City Council take the following action:
1) Approve the Consultant Services Agreement in the final form attached and authorize the Mayor to
execute same (Attachment 1 )
2) Approve the Budget Change Form (Attachment 2)
AGREEMENT BETWEEN CITY OF DUBLIN AND PACIFIC PRGRAM MANAGEMENT
FOR CONSULTANT SERVICES
Dublin Civic Center Library
THIS AGREEMENT is made at Dublin, California, as of ,2000, by and
between the CITY OF DUBLIN, a municipal corporation ("City"), and Pacific Program Management,
("Consultant"), who agree as follows:
1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in Exhibit A. Consultant shall provide said services at the
time, place and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement
at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the
only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant
shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be
specified in Exhibit B, then according to the usual and customary procedures and practices which
Consultant uses for billing clients similar to City.
3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall,
at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing
services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment
listed in Exhibit C according to the terms and conditions set forth in Exhibit C.
4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of
this Agreement. In the event of any inconsistency between said general provisions and any other terms
or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent
with the general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. CONTRACT ADMINISTRATION. This Agreement shall be administered by the
City's Parks and Community Services Director ("Administrator"). All correspondence shall be directed
to or through the Administrator or his or her designee.
7. 'NOTICES. Any written notice to Consultant shall be sent to:
Brad Aronson, Principal
Pacific Program Management
2950 Buskirk Ave, Suite 225 .
Walnut Creek, CA 94596
Any written notice to City shall be sent to:
Herma. Lichtenstein, Parks & Facilities Development Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
ATTACHMENT
H. 12-- u
Executed as of the day first above stated:
CITY OF DUBLIN, a municipal
corporation
By
"City"
Attest:
City Clerk
By
"Consultant"
Approved as to form:
City Attorney
EXHIBIT A
SCOPE OF SERVICE
A. Services During Pre-Construction:
Communications
Pacific will coordinate between the City and user groups; Architect/Engineer, contractor(s), and other
consultants to ensure that all parties are kept informed and involved.
Constructibility Reviews
Pacific will perform an in-depth review of the design documents as they are developed to help ensure
their completeness, accuracy, and proper coordination between disciplines.
Paci~c's review will include, but is not limited to the following to ensure that the project can be
completed in accordance with the contract specifications, schedule and contract price: · Whether the work sequence is reasonable;
· Whether the details of construction are effective;
· Whether the documents for the various trade contracts and period of performance are properly
coordinated;
· Whether the lead time for material and equipment procurement is adequate;
· How reasonably for seeable job-site conditions may affect performance of the project work;
· Whether access, work areas and disposal sites are adequate.
Pacific will assess all documents for clarity, integration of plans and specifications, and absence of
ambiguities. Pacific will then submit a report with the findings of the constructibility review and
recommendations for corrective actions to the City and Architect.
Construction Planning and Pre-Purchasing
During the construction document phase, Pacific will identify long lead items, which the City or the
Contractor may want to purchase. Recommendations' will be made in writing and submitted at the first
construction document review.
Pacific will work with the City to plan the logistics of construction including: jobsite facilities, site
security, construction traffic access, contractor staging lay-down areas, sequencing, etc.
Bid and Award Phase Management
Pacific will market local contractors to increase both bid quantity and competitiveness. During the
bidding phase, Pacific's construction project manager will be directly responsible for the coordination of
addenda, answering contractor questions and general oversight of the process.
Pacific will directly contact contractors from Paci~c's database and by advertising in trade journals,
builder's exchanges and local newspapers.
Pre-Bid Conference
Pacific will hold one pre-bid conference which all bidders, the architect and appropriate City staff will
attend. The conference will provide the prospective bidders with necessary information such as site
conditions/requirements, schedule requirements, administrative requirements, and other special
conditions. At the pre-bid conference Pacific will videotape existing site conditions and participants
during the walkthrough.
Bid Opening
Pacific will review bids to determine if the bidders appear to be responsive. Once an apparent low
bidder is identified, Pacific will review the bidder's documents in detail. Pacific will coordinate review
of the responsibility and responsiveness of the low bidder and handling of any bid protests, request to
withdraw, etc with the City Attomey's office. Qualifications, acceptability of insurance carriers, etc. will
be reviewed for acceptability and conformance. Once the low bidder is determined, Pacific will make its
recommendation for award to the City.
Bid Award
Pacific will assist the City in filing the necessary forms for compliance with
regulations and coordinate review with the City Attomey's office.
applicable
laws and
Pre-construction/Bid/Award Phase 11/00- 4/00 Rate Hours
Principal $105.00 40 $ 4,200
Project Dir. $100.00 120 $ 12,000.
CM $ 95.00 300 $ 28,500
Plan Review $ 92.00 260 $ 23,920
Clerical $ 42.00 60 $ 2,520
Subtotal $ 71,140
B. Services During Construction:
Upon commencement of construction, Paci~c's construction/project manager will be at the jobsite full
time. Pacific will provide contract administration as an agent and representative of the City, establish
and implement coordination procedures between the City, Architect/Engineer, contractor, inspectors,
City Attorney' s office and others as necessary to ensure that the project .can be completed in accordance
with the contract specifications, schedule and contract price.
Submittal Procedures
Pacific will establish and implement procedures for submittals, change orders, payment requests and
other necessary documentation. Such procedures shall be reviewed with and approved by the City prior
to commencement of work. As the City's representative at the jobsite, Pacific will be the party through
which change orders, payment requests, submittals, and information will be processed from contractor to
the City and/or design consultant, and from the design consultant and/or the City to the contractor.
Weekly Jobsite Meetings
Paci~c's construction/project manager will conduct weeklyjobsite progress meetings with the
contractor(s), and will Conduct an overall coordination meeting with dll contractors, and will record,
transcribe and distribute minutes of these meetings to all attendees, the City, the design consultant, and
all other appropriate parties.
Coordination of Technical Inspection and Testing
Pacific will coordinate all necessary inspections.. All technical inspection reports will be submitted in a
format approved by Pacific on a daily basis. The City will provide City inspection staff for Building and
Civil Inspections. These inspections will include code compliance and permit sign off inspections. The
inspectors will report directly to Pacific and submit copies of daily inspection logs to the construction
manager.
Construction Observation
Pacific will observe the progress of the work and advise the City as soon as possible of any deviations,
defects or deficiencies in the work. Pacific shall use reasonable diligence to discover work that is not in
compliance with the contract documents.
Pacific will make recommendations to the City and the design consultant in instances where Pacific
observes work that, in its opinion, is defective or not in conformance with contract documents.
Exercise of Contract Prerogatives
Pacific will advise in a timely manner and make recommendations to the City for exercising its contract
prerogatives, such as giving the contractor(s) notice to accelerate the work if schedule goals are in
jeopardy due to contractor failings, withholding paymere for cause, and other prerogatives that may need
to be asserted in an effort to achieve contract compliance.
Construction Progress Review
Pacific will review construction progress with the contractor(s), observe completed work and confirm
that on site materials are properly stored on a monthly basis, and evaluate the percentage complete of
each construction activity as indicated irathe construction schedule. This data will be input into Pacific's
monthly update report, which will be distributed to the contractor, the City, the design consultant and
other appropriate parties. This report will reflect the contractor's contractual progress, will be the basis
for the monthly progress payment to the contractor, and will indicate to the City when notices to the
contractor of work acceleration and exercising the City's prerogatives are appropriate.
Monthly Construction Schedule Updates
Pacific will prepare and distribute monthly construction schedule updates. After an evaluation of actual
construction progress as observed by Pacific, project schedule activities will be assigned percentage-
complete values in conjunction with the contractor. The report will reflect actual progress as compared
to schedule progress noting variances (if any). This report will also be the basis for determining
implementation of the City' s contractual prerogatives with the contractor concerning progress of the
project, and requests for a recovery schedule from the contractor when/if required.
Monthly Contractor Payment
Pacific, with City staff and architect, will review and make recommendations to the City pertaining to
monthly payment to each contractor. This activity will be an integral part of the monthly construction
schedule updates. However, if it should later be found that the contractor has failed to comply with the
provisions of its contract with the City in any way or detail, subsequent compliance will be the sole
responsibility of the contractor. By issuing a certificate of payment and by processing applications for
payment, Pacific shall not be deemed to represent that it has made any examination to ascertain how and
what purpose the contractor has used the previous moneys paid on account of the construction contract
SUlTI.
Monthly Construction Payment Reports
Pacific will prepare and distribute monthly construction payment reports that will be an integral part of
the monthly construction schedule report. This payment report will reflect the total construction contract
percent complete, contractor's payment to date, current payment requested, percent retained, and actual
amounts owed for the current period. The final portion of this report will be a certificate of payment,
which will be signed off on by Pacific, design consultant and contractor, and transmitted to the City for
use in the City's internal accounting system and payment to the contractor.
Change Order Processing System
Pacific will establish and implement a change order processing system. All requests for proposals will
first be set forth in a letter by the design consultant outlining the change in detail and accompanied by
technical drawings and specifications, if necessary. The request for proposal and~ a detailed breakdown
of cost and time extension will be prepared by the contractor and returned to Pacific for evaluation.
Pacific will make recommendations to the City prior to the execution of any change orders. All requests
for proposals and change orders will be tracked in a log, which will be the basis for Pacific's change
order report to the City.
Evaluation of Change Order Proposal Cost
Pacific will evaluate the contractor's proposal cost and will make a formal recommendation to the City
regarding acceptance of the proposal. In the event of major scope changes during the construction phase,
Pacific will prepare estimates of them in cost model format.
Negotiation of Change Order Costs and Time Extensions
Pacific will assist in the negotiation of change order costs and time extensions when appropriate. Pacific
will advise the City of acceptability of price and time extension prior to the execution of any change
order.
Equipment Instruction Manuals
Pacific will gather all written material such as operations and maintenance manuals and warranties and
guarantees of all. equipment installed in the project. After Pacific's review and approval, these items will
then be turned over to the City just prior to the contractor's training of the City' s maintenance staff.
As-Built Schedule and Documents
Pacific will coordinate and expedite functions connected with the contractor's obligation to provide "as-
built" documents. Pacific will review the contractor's as-built documents monthly. Pacific will review
and approve contractors as built documents prior to processing of monthly pay applications submitted by
the contractor.
The as-built will be developed during the course of construction. Pacific will detail the day-to-day
activities of the contractor(s) by area, trade, etc. and "build" the project on paper the way it is
constructed in the field.
Training Sessions
Pacific will coordinate and schedule training sessions for the City and County maintenance and
operational personnel and will assure that the contractor' s obligation in providing this training is
fulfilled.
Substantial Completion
Pacific in conjunction with the design consultant will make a determination of the remaining work
necessary for "substantial completion", and in cooperation with the City and City Attorney's office
notify the contractor of any deficiencies. When incomplete work or defective work has been remedied,
Pacific will advise the City of acceptability of substantial completion so the City issue a letter of
substantial completion.
Final Completion
Pacific, in conjunction with the design consultant and in cooperation with the City and City Attomey's
office will at the conclusion of any corrective actions conduct a final comprehensive review of the
project, make a report to the City which will indicate whether Pacific and the design consultant find the
work performed acceptable under the contract documents and the relevant project data and whether the
contractor should receive final payment.
Construction Phase 5/01 - 11/02 Rate Hours
Principal $105.00 38 $ 3,990
Project Dir. $100.00 380 $ 38,000
CM $ 95.00 3192 $ 303,240
Subtotal $ 345,230
C. Services Post-Construction
Warranties/Bonds and As Built Documents
Pacific will' ensure that all required warranties, maintenance bonds, operation maintenance manuals, and
as-built documents are submitted prior to the contractor's final payment. These documents will be
turned over to the City at the projects completion.
Close-out Report
Pacific will prepare final project accounting and closeout reports of all report systems. These reports
will summarize, for historical purposes, any items that are not self-explanatory. Such final accotmting
and close out reports include but are not limited to the final pay estimate.
Occupancy Permit
Pacific will assist the City in obtaining the occupancy permit.
Move-In Coordination
Pacific will assist the City in preparing requests for proposals, soliciting quotes, conducting pre-moving
conferences and administer the contact for moving activities for the project. Pacific will provide on-site
personnel to oversee the relocation of all furniture, equipment, and other articles by the movers while
actual move-in is in progress.
Claims Management
Pacific will provide timely responses to the contractor, proper project controls, accurate documentation,
and fair and reasonable field administration. Pacific will track correspondence, requests for information,
submittals, change orders, field instructions, and deficiency notices, complete and accurate project
information to help ward of claims.
Pacific will monitor and report in a timely manner to the City or City Attomey's office concerning all
claims of either the contractor or the City, including but not limited to applicable notice of claim and
claim response deadlines. In the event unresolved claims of the contractor or others exist after project
acceptance pacific will make available the construction manager and other staff as needed to assist in the
processing response and disposition of such claims. Pacific's staff time extended in such claims
assistance shall be at the rates specified for extra services in exhibit "B".
Post Construction Phase 12/02 Rate Hours
CM $95.00 95 $ 9,025
Clerical $42.00 20 $ 840
Subtotal · $ 9,865
Reimbursables
Pre Construction
Construction (approx. 500/month)
Total Reimbursables
$ 3,000
$ 10,000
$ 13,000
EXItlBIT B
PAYMENT SCHEDULE
C,
CITY shall pay CONSULTANT an amount not to exceed the total sum of $439,235 (four
hundred thirty nine thousand two hundred and thirty five dollars) for services to be performed
pursuant to this agreement. CONSULTANT shall submit invoices; not more often than once per
month, based upon the work completed on each task identified in EXHIBIT A "Scope of Work".
The parties understand that such amount does not include post project acceptance claims
processing services that may be provided pursuant to exhibit "A".
The corresponding not to exceed fee for tasks numbered 1, 2, and 3 shall be as follows:
Task 1 - Pre construction Bid Award $ 71,140 .....
Task 2 - COnstruction $Z 345,230
Task 3 - Post Construction $ 9,865__~
Reimbursable Costs $13,000
TOTAL FIXED FEE $ 439,235
Task 4 "Extra Services" including post project acceptance claims processing serviceS, are to be
billed on a time and material basis using the hourly rates shown below.
HOURJ. Y RATES:
Principal - $105.00
Project Dir.- $100.00
Construction Manager- $95.00
Plan Review - $92.00
Clerical - $42.00
The total sum stated in Section A above, shall be the total, which the CITY shall pay for the
services to be rendered by CONSULTANT pursuant to this Agreement excluding extra services.
CITY shall not pay any additional sum for any expense or cost whatsoever incurred by
CONSULTANT in rendering services pursuant to this Agreement other than extra services.
CITY shall make no payment for any extra, further or additional service pursuant to this
Agreement unless such extra service and the price therefor is agreed to in a written Change Order
executed by the City Manager, or other designated official of the CITY, authorized to obligate
CITY thereto. Said Change Order shall be executed prior to the time such extra service is
rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial
Contrac~ price stated in Section A. In the event the Change Order exceeds this limitation, City
Council approval shall be required.
The services to be provided under this Agreement may be terminated without cause at any point
in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the
CONSULTANT for all outstanding costs incurred as of the date of written notice thereof and
shall terminate this Agreement. CONSULTANT shall maintain adequate logs and timesheets in
order to verify costs incurred to date.
The CONSULTANT is not authorized to perform any services or incur any costs whatsoever
under the terms of this Agreement until receipt of a fully executed copy of this Agreement.
EXHIBIT C
City shall fumish 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 City. The location, quantity, and time of fumishing said
physical facilities shall be in the sole discretion of City. In no event shall City be obligated to famish
any facility which may involve incurring any direct expense, including, but not limiting the generality of
this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction
facilities.
A. Allowable reimburasable expenses
The Consultant will be reimbursed for expenses at cost. plus 10%. The items allowable for
reimbursement are as follows:
Items supplied by the consultant;
2.
3.
4.
5.
6.
7.
8.
Cost of printing and distributing
Cost of transportation/mileage.
Cost of postage, UPS, Federal Express, etc.
Cost of project signs.
Cost of progress photos.
Cost of ongoing and final clean-up, as necessary.
Cost of other items as required, with prior approval from Owner.
Cost of office supplies.
Items supplied by the City;
1 Cost of telephone, copy machine, and other fumishing and equipment for job site as approved by
the Owner in advance. (Provided by City)
2 Cost of temporary facilities. (Provided by City)
Clerical Support
The City will provide clerical support to Pacific for the duration of the construction period. The duties
of the clerical staff shall include but are not limited to; answering phones, preparing reports, preparing
meeting minutes, updating spread sheets, copying, and faxing materials.
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONSULTANT. 'At all times during the term of this Agreement, Consultant
shall be an independent Consultant and shall not be an employee of City. City shall have the fight to
control Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement; however, City shall not have the fight to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement.
2. LICENSES; PERMITS; ETC. Consultant represents and warrants to City that he has all licenses,
permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to
practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost
and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for Consultant to practice his profession.
3. TIME. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations
pursuant to this Agreement.
4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or
in connection with the performance of the work hereunder by the Consultant, his agents, representatives,
employees or Subconsultants. The cost of such insurance shall be included in the Consultant's bid.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. 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; or Insurance Services Office Commercial General Liability
coverage ("occurrence" form CG 0001).
2. InsuranCe Services Office form number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
(b) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance or other form
,with a general aggregate limit is used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000
per accident.
(c). Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and
employees; or the Consultant shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
(d) Other Insurance Provisions. The policies are to' contain, or be endorsed to contain, the
following provisions:
1. General Liability and Automobile Liability Coverages.
a. The City, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on behalf of the Consultant;
products and completed operations of the Consultant, premises owned, occupied or used by the
Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall
contain no special limitations the scope of the protection afforded to the City, its officers, officials,
employees and volunteers.
b. The Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and
shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or volunteers. /
d. The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
2. Worker's Compensation and Employees Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work performed by the Consultant
for the City.
3. Professional Liability.
Consultant shall carry professional liability insurance in an amount deemed by. the
City to adequately protect the Consultant against liability caused by negligent acts, errors or omismons
on the part of the Consultant in the course of performance of the services specified in this Agreement.
4. All Coverages.
Each insurance policy required by this clause shall be endorsed to 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, retum receipt requested, has been
given to the City.
(e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A:VII.
(f) Verification of Coverage. Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements are to be received and approved by the City
before work commences. The City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
(g) Subconsultants. Consultant shall include all .Subconsultants as insured under its policies
or shall furnish separate certificates and endorsements for each Subconsultant. All coverages for
Subconsultants shall be subject to all of the requirements stated herein.
(h) The Risk Manager of City may approve a variation in those 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.
5. 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.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant
to this Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to
this Agreement. In the event that City, in its sole discretion, at any time during the term of this
Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving
notice from City of such desire of City, cause the removal of such person or persons..
8. 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 practices his
profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant
to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to
the standards of quality normally observed by a person practicing in Consultant's profession.
9. "HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all
responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to
any Subconsultant, to the City, to City officers and employees, or to parties designated by the City, on
account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or
other causes predicated on active or passive negligence of the Consultant or of any Subconsultant.
Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors,
employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of
defense), suits, and damages of every kind, nature and description directly or indirectly arising from the
performance of the work. This paragraph shall not be construed to exempt the City, its employees and
officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes
of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a
construction contract. By execution of this agreement. Consultant acknowledges and agrees that he has
read and understands the provisions hereof and that this paragraph is a material element of consideration.
Approval of the insurance contracts does not relieve the Consultant or Subconsultants from liability
under this paragraph.
10. GOVERNMENTAL REGULATIONS. Consultants shall comply with all laws and regulations
that apply to consultant's performance of this agreement and that apply to the performance of the project.
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity,
Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
11. DOCUMENTS. All reports, data, mapS, models, charts, studies, surveys, photographs,
memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement
shall become the property of the City upon completion of the work to be performed hereunder or upon
termination of the Agreement.
CITY OF DUBLIN
BUDGET CHANGE FORM
CHANGE FORM #
New Appropriations (City Council Approval Required):
__X__ From Unappropriated Reserves
From New Revenues
DECREASE BUI)GET ACCOUNT
Name:
A~-~IOUNT
Budget Transfers:
From Budgeted Contingent Reserve (1080-799.000)
Within Same Department Activity
Between Departments (City Council Approval Required)
Other
INCREASE BUDGET ACCOUNT AMOUNT
Name: Construction Adminisn'ation $52,413
Account #: Account #: 001-96450-740-081
Name: Name: Salaries - Full Time $12,553
Account #: Account #: 001-96450-701-001
Name: Name: Equipment - ISF $2,800
Account #: Account #: 001-96450-750-073
Name: Name: Furniture - Expendable $2,200
Account #: Account #: 001-96450-750-061
Name: Name:
Account #: Account #:
Name: Name:
Account #: Account #:
REASON FOR BUDGET CHANGE ENTRY:
In order to award the contract for construction management services for the Civic Center Library the above
adjustments are needed to offset the shortfall.
City Manager: Date:
Signature
Mayor: Date:
Signature
Posted By:
formslbudgchng
Signature
Date: