HomeMy WebLinkAboutItem 4.04 Emerald Glen Rec and Aquatic Complexor
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
August 19, 2014
Honorable Mayor and City Councilmembers
CITY CLERK
File #600 -35
Christopher L. Foss, City Manager "
Emerald Glen Recreation and Aquatic Complex Phase I Construction
Management Services Agreement
Prepared by Douglas Rooney, Parks and Facilities Development Coordinator and
Brent Smith, Parks and Facilities Development Manager
EXECUTIVE SUMMARY:
The City Council is being asked to authorize the City Manager to execute an Agreement with
Harris & Associates to provide construction management services for Phase I of the Emerald
Glen Recreation and Aquatic Complex.
FINANCIAL IMPACT:
As approved in the 2014 -2019 Capital Improvement Program, the total project budget for the
Emerald Glen Recreation and Aquatic Complex (No. PK 0105) is $35,245,280. The construction
management services under the proposed Agreement will not exceed $763,000. Sufficient
funding is available in the project budget to approve the Agreement with Harris & Associates.
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution Approving an Agreement with Harris &
Associates for Construction Management Services related to the Emerald Glen Recreation and
Aquatic Complex — Phase I.
"ubmitted By
Public Works Director
DESCRIPTION:
Reviewed By
Assistant City Manager
As approved in the 2014 -2019 Capital Improvement Program, the Emerald Glen Recreation and
Aquatic Complex will begin construction during FY 2014 -2015. An important component of the
construction of the project is construction management services. In May 2014, Staff issued a
Request for Proposals for construction management services for this project and received a
total of 11 proposals. Staff reviewed the submissions based on expertise and experience and
determined that four firms should be granted interviews. As a result of the interview process,
Page 1 of 2 ITEM NO. 4.4
Harris & Associates demonstrated in their proposal and interview the experience necessary to
complete the project and the qualifications that were most closely suited to the City's
requirements.
The firm has a distinguished portfolio of projects, including serving as Construction Manager on
seven Aquatic Center projects including four in the Bay Area. In addition, Harris & Associates
was the Construction Manager for the construction of the Dublin Civic Center.
The scope of work for professional services includes-
Pre- Construction: Will perform a "constructability review" on the construction documents,
review and comment on cost estimates, assist in developing the bid package, manage
the bid process and establish an electronic document flow and reporting system.
• On -site Construction: Will coordinate project team communication, provide daily on -site
tracking, and will manage and make recommendations for maintaining contractual
compliance. This will be accomplished with daily logs, monthly updated status reports,
and managing distribution of RFIs, submittals, and contractor payment requests. Will
attend and report on all construction site meetings, will track projects cope and schedule
and ensure all project close out requirements are met.
• Post Construction: Will prepare a closeout report and resolve all contract issues,
warranties, and bonds. In addition, they will coordinate with contractors in the preparation
of record drawings, O &M manuals, and final consolidation of all project files and
documents.
The not -to- exceed amount for the services is $763,000. The proposed Consultant Services is
included as Exhibit A to the Resolution (Attachment 1). Additional detail of the professional
services is Exhibit A to the Consultant Services Agreement.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A copy of the Staff Report was sent to Harris & Associates.
ATTACHMENTS: 1. Resolution Approving an Agreement with Harris & Associates for
Construction Management Services related to the Emerald Glen
Recreation and Aquatic Complex — Phase I
Page 2 of 2
RESOLUTION NO. - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH HARRIS & ASSOCIATES
FOR CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE
EMERALD GLEN RECREATION AND AQUATIC COMPLEX — PHASE I
WHEREAS, the City of Dublin requires construction management services; and
WHEREAS, the City distributed a Request for Proposals for construction management
services and eleven proposals were received by the deadline; and
WHEREAS, the City interviewed four firms submitting proposals and the qualifications of
Harris & Associates were deemed appropriate for the work proposed; and
WHEREAS, Harris & Associates has successfully demonstrated adequate ability to
perform said construction management services in a timely manner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the Agreement (attached hereto) and authorizes the City Manager to execute
the Agreement.
PASSED, APPROVED AND ADOPTED this 19th day of August, 2014, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
ATTACHMENT 1
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
HARRIS & ASSOCIATES
THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and
Harris & Associates ( "Consultant ") as of August 19, 2014.
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 upon final acceptance of the Emerald Glen Recreation & Aquatic
Complex — Phase I, 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 practices 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. In 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.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed seven
hundred sixty -three thousand dollars ($763,000) 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 B, 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.
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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.
Notwithstanding the "not to exceed" compensation amount in the preceding paragraph, the Contract
Administrator may authorize payment above the "not to exceed" amount to allow Consultant to provide
additional services, or, to compensate Consultant for services provided within the original scope of work in
excess of the hours specified in Exhibit B. In no event, however, shall the Contract Administrator authorize
payment of such additional payments in excess of 10% of the "not to exceed" amount.
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:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
• The beginning and ending dates of the billing period;
• 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;
• 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 Agreement 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;
• 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.
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2.3 Final Payment. City shall pay the last 5% 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 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
Project Manager:
Senior Construction Manager:
Administration:
$205 per hour
$165 per hour
$85 per hour
2.6 Reimbursable Expenses. Reimbursable expenses are listed in Exhibit B, and shall not
exceed fifty -seven thousand dollars ($57,000). Expenses not listed in Exhibit B 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
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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
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 Liability 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
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twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
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 coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001. Automobile coverage shall be at least as broad as Insurance Services
Office Automobile Liability form CA 0001 Code 1 ( "any auto ").
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
City 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 general 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.
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 no 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 not 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 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.
4.3 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
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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:
The retroactive date of the policy must be shown and must be before the
date of the Agreement.
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 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII_
4.4.2 Verification of coverage. 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
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.
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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- Insured 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 Coverage. 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
■ Terminate this Agreement.
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Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. For any and all losses,
liability, claims, suits, actions, damages, and/or causes of action ( "Liabilities ") related to or arising from work
performed by Consultant, its employees, agents (actual or apparent) or subconsultants:
5.1 Claims Accruing in Part or Whole Prior to Final Acceptance: The following
Indemnification applies:
Consultant shall indemnify, defend, and hold harmless the City and its officials, officers,
employees, and volunteers from and against any and all Liabilities arising out of any
personal injury, bodily injury, loss of life, damage to property, breach of contract, negligent
act or omission or violation of any applicable 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 agents (actual or apparent) or subconsultants for
which they could be held 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 from the sole or active negligence or willful misconduct of the City
or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its
employees, subconsultants, or agents (actual or apparent) 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.
5.2 Claims Accruing Wholly After Final Acceptance: The following Indemnification applies:
Consultant shall indemnify and hold harmless the City and its officials, officers, employees,
and volunteers from and against any and all Liabilities arising out of any personal injury,
bodily injury, loss of life, damage to property, breach of contract, negligent act or omission
or any violation of any applicable federal, state, or municipal law or ordinance, to the extent
caused by the willful misconduct or negligent acts or omissions of Consultant or its
employees agents (actual or apparent) or subconsultants, 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 from the sole or active negligence or willful misconduct of the City or its
officers, employees, or volunteers and (2) the actions of Consultant or its employees agent
(actual or apparent) or subconsultants have contributed in no part to the injury, loss of life,
damage to property, or violation of law.
5.3 Effect of Insurance. Acceptance by City of insurance certificates and endorsements
required under this Agreement does not relieve Consultant from its obligations under this
Section 5. This Section 5 shall apply to any damages or claims for damages whether or
not such insurances policies have been determined to apply. By execution of this
Agreement, Consultant acknowledges and agrees to the provisions of this Section 5 and
that it is a material element of consideration.
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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 only 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 Retirement System
(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.
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 Governing 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 Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, 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.
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
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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
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 60 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 Subsection 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
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
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performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and 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.
Consulting Services Agreement between August 19, 2014
City of Dublin and Harris & Associates Page 11 of 14
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
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 Attorneys' 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 attorneys' 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 Assigns. 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 "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consulting Services Agreement between August 19, 2014
City of Dublin and Harris & Associates Page 12 of 14
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.
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 the City Manager
( "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:
Dennis Cooper — Project Manager
Harris & Associates
1401 Willow Pass Road, Suite 500
Concord, CA 94520
Any written notice to City shall be sent to:
Douglas Rooney, Parks and Facilities Development Coordinator
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.
Consulting Services Agreement between August 19, 2014
City of Dublin and Harris & Associates Page 13 of 14
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, 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
Chris Foss, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
CONSULTANT
Edward Kozlowski, Principal -in- Charge
Harris & Associates
Consulting Services Agreement between August 19, 2014
City of Dublin and Harris & Associates Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
June 25th 2014
Mr. Douglas Rooney
Parks and Facilities Development Coordinator
City of Dublin
100 Civic Plaza
Dublin, CA 94568
4
Program Managers
Construction
Managers
Re: Harris' Construction Management Services for the Emerald Glen Aquatic Center
Dear Doug,
The following is an estimated breakdown of hours assigned to tasks as requested. We are showing a total
project schedule of 23 months from July 1711`, 2014 until project completion of June 17'h, 2016.
A. PRE CONSTRUCTION duly 15'x` to October 15'b'2014 (4 months)
Design Review
Harris will review all plans and reference materials at end of design development and provide a report with
recommendations. At a minimum the report will cover feasibility of construction methods, current
availability of materials and labor and time requirements for procurement as well as identify long lead
services and materials.
Harris will also provide a bidabilityl constructability review between 90 to 100% construction document
review. The hours associated with each task will include the required meetings. Review of the construction
documents depends in part on the number of drawings produced by the design team.
Estimated at 360 hours
Estimated Costs Reviews
Harris will review all estimates completed to date as well as current program and project budgets and
contracts as appropriate. We will make recommendations for additional breakdown of estimate items.
Make scope recommendations if needed. Review all estimates that are to be produced such as the
schematic and design development estimates or we will recommend that estimates be produced. If we are
not satisfied with the estimates we may recommend an independent third party estimate. We would
recommend that an estimate be completed at the end of eighty five and one - hundred percent completion
stages of the contract documents.
Estimated at 140 hours
Generate Market Interest
Harris will assist the City as requested however we foresee minimal involvement due to prequalification
process. o
Estimated at 20 hours in ,November
14735 Juniper Street San Leandro, CA 04579 (510) 895 -4675 (510) 678 -5368 FAX
Assist In Developing The Bid Package
Harris will assist in writing the frontend documents from existing standard frontend documents and
provide written recommendations to be considered for incorporation. Harris will spend significant time
recommending and control management specifications that have been developed to include "lessons
learned" from past projects. Most commonly these notes would be entered into the special conditions
section of the contract documents.
Estimated at 140 hours September- October
Manage The Bid Process/ Project Document Control System
Harris would take the lead in developing and instituting the complete bid process from advertisement
through City staff recommendation to Council for approval of award.
Harris will also establish and maintain an electronic project management software system (Prolog or
equivalent) to manage document flow and reporting.
Estimated at 120 hours October thru November
Construction Recommendations
Harris will work with and provide project specific construction recommendations to the Architect and City
Project Manager. Review and provide comment on the construction logistics plans produced by the design
team. Harris would recommend that the construction manager meet biweekly with the project architect to
discuss the progress of the design and assist in developing information as appropriate and requested to help
ensure a complete development of the construction plan as it relates to the design.
Estimated at 120 hours Aug thru October
B. Services During Construction:
Harris's Construction Manager will provide 1/2 to 3/a time Construction Management services to meet the
following tasks. The City' s assigned inspector will provide inspection services as needed to meet these
tasks. The inspector is estimated to be required onsite an average of 3/a time during the construction process
as needed. Harris' Construction Manager will represent the City through the City's Project Manager during
construction of the project. The Construction Manager will perform the following specific services:
1. Coordinate the efforts of the architect, contractor, and City to ensure proper
communication and progress of the project. Act as liaison to the City through the
City's Project Manager.
2. Provide on -site coordination to assure that the project meets the Plans and
Specifications and stays on budget and schedule.
3. Review, evaluate, and furnish recommendations to the City regarding
contractor's performance, construction schedule and any other matters related to
compliance with the contract.
4. Provide a daily log of events and activities when onsite to secure the City's interests
and monitor work accomplished in accordance with the contract.
S. Provide a monthly update outlining project status, schedule, submittals, and
change order issues. Include and pertinent photos or documents. The report
should include an analysis of any potential delays and their actual relevance. The
report should be suitably formatted to share with the City Manager's Office.
6. Review and furnish contract correspondence, minutes of meetings and directives
to be issued to secure the interests of the City.
7. Review and make recommendations regarding payments to contractor including
Change Orders, when applicable, and recommendations regarding any proposed
changes. Prepare and provide cost analysis where necessary to verify change
14735 Juniper Street San Leandro, CA 04579 (510) 895 -4675 (510) 678 -5368 FAX
order costs generated by the Contractor are reasonable and correct in scope.
8. Attend all construction - related site meetings with the City's representatives,
contractors, and other meetings between related parties as required. Maintain
separate notes on such meetings. Assume a minimum of one (1) meeting at the
project site each week for the duration of the project within your base proposal.
9. Assist with providing any information to the City Departments as required.
10. Oversee the general contractor and subcontractor's scope of work to ensure the
General Contractor is providing proper site supervision and coordination for the
execution of the project work.
11. Upon completion of the project work, provide a punch list review and
recommendation of Project Acceptance.
12. Upon completion of the project work, review all of the Contractor's final
submittals to ensure their compliance with final project close -out requirements.
Estimated at 3,885 hours during 18 months of construction.
C. Services Post - Construction
Harris will prepare a closeout report, resolve all contract issues, warranties, bonds, etc. Coordinate with
contractors all the as built drawings and O &Ms, etc. Harris will also provide the final consolidation and
compilation of the project files and documents both in hardcopy and cd.
(Estimated at 365 hours included in construction total above)
Generally the CM is estimated to be required approximately V7. time from July 15"', 2014 to
January 1st, 2015 And then between % and 3/a time between January 1", 2015 and May 30t'', 2016.
Closeout and final punchlist at approximately % from June 1St, thru July 17th, 2016.
The Project Director will be available as needed for contract negotiations and client support
throughout the duration of the project.
The Project Manager will be available to oversee the process, review deliverables, and attend
meetings if requested by the City.
The Administrator is expected to be required to help manage the document flow and is expected to
be available % time average throughout the durations of the Project.
Please call 925- 899 -5934 if you have any questions or concerns.
Sincerely,
Dennis Cooper, LEED AP
Project Manager
Harris & Associates, Inc.
Cc: Chris Dunne H &A
Kurt Weidmann H &A
Ed Kozlowski H &A
14735 Juniper Street San Leandro, CA 04579 (510) 895 -4675 (510) 678 -5368 FAX
EXHIBIT B
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