HomeMy WebLinkAboutItem 4.8 Alamo Canal Reg Trail~~~~ Off' nU~~~
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DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
CITY CLERK
File #600-35
April 17, 2012
Honorable Mayor and City Councilmembers
~~
Joni Pattillo, City Manager ° ~'
SUBJECT: Consulting Services Agreement with Harris & Associates for Construction
Management/Inspection Services for the Alamo Canal Regional Trail Project
Prepared by Ferd Del Rosario, Senior Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider a Consulting Services Agreement with Harris & Associates for
Construction Management and Inspection Services for the Alamo Canal Regional Trail project.
FINANCIAL IMPACT:
As identified in the 2010-2015 Capital Improvement Program Fiscal Year 2011-2012 Update,
the total Alamo Canal Regional Trail project (#960008) budget is $2,628,233. (The City Council
previously awarded the Construction portion of the project on February 7, 2012.) The
unexpended portion of the project budget allocated to contract construction management and
inspection services is $312,149. The proposed base agreement with Harris & Associates is
$316,073. Allowing for change orders of up to 10% will result in a contract not to exceed
$347,680. This will require a Change Order in the amount of $31,607.
The contract construction management services will incur expenses over more than one fiscal
year. Given that only 2.5 months remain in the current Fiscal Year, the majority of the costs
will be incurred in Fiscal Year 2012/2013 and adequate appropriations are available for current
year expenses. Adjustments will be made to this component of the project budget and
presented as part of the new Five Year Capital Improvement Program to be presented to the
City Council in June.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving the Consulting Services
Agreement with Harris & Associates to Provide Construction Management and Inspection
Services for the Alamo Canal Regional Trail Project (CIP #960008) and authorizing the City
Manager or her designee to approve Change Orders for the contract up to the contingency
amount of $31,607.
Page 1 of 2 ITEM NO. 4.8
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`'Submitted Bye
Parks and Comm nity
Services Direc r
DESCRIPTION:
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Reviewed By
Administrative Services
Director
/ f
Reviewed y
Assistant City Manager
On February 7, 2012, the City Council awarded the contract for the construction of the Alamo
Canal Regional Trail project (CIP #960008). The contractor is scheduled to start work this
month, and staff needs a consultant to provide construction management services and perform
inspection of said project.
Staff invited four firms specializing in managing Caltrans-type projects to submit proposals for
construction management/inspection services for the Alamo Canal Trail project. The City
selection panel reviewed all four proposals and selected the firm of Harris & Associates. The
selected firm has extensive experience with projects of similar sensitivity, also has experience
with federally funded projects and is well versed with Caltrans and Federal Highway
Administration requirements. In addition to providing construction support services, the firm will
also provide construction staking, biological and design support services.
The construction support services proposed with Harris & Associates has anot-to-exceed
amount of $316,073. To facilitate the approval of change orders and to avoid construction
delay, it is requested that the City Manager be authorized to approve change orders up to
$31,607 (10% of contract amount). This results in a total maximum contract amount of
$347,680. As part of the Five Year Capital Improvement Plan to be considered by the City
Council in June, Staff will update the allocation of the budget for these services between Fiscal
Year 2011-2012 and Fiscal Year 2012-2013. Adequate funds are available based on current
appropriations for the portion of the work to be completed prior to June 30, 2012.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report was sent to Harris & Associates
ATTACHMENTS: 1. Resolution Approving Agreement with Harris & Associates to Provide
Construction Management and Inspection Services for the Alamo
Canal Regional Trail project
2. Consulting Services Agreement (Exhibit A to the Resolution)
Page 2 of 2
RESOLUTION NO. - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH HARRIS & ASSOCIATES TO PROVIDE CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES FOR THE ALAMO CANAL REGIONAL
TRAIL PROJECT -CIP NO. 960008
WHEREAS, the City's 2010-2015 Five-Year Capital Improvement Program (CIP)
includes a project that will construct the Alamo Canal Regional Trail Project under CIP No.
960008; and
WHEREAS, the contractor is scheduled to start construction this April and it is necessary
to hire a consultant to provide construction management services and perform inspection of said
project; and
WHEREAS, the City desires to hire the firm of Harris & Associates to provide
construction management and inspection services; and
WHEREAS, in order to facilitate the approval of Contract Change Orders and avoid
construction delay, it is proposed that the City Council authorize the City Manager or her
designee to approve Contract Change Orders up to the contingency amount of $31,607.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the agreement with Harris & Associates to provide construction management
and inspection services for the Alamo Canal Regional Trail Project in an amount not to exceed
$316, 073.00.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager or her designee to approve the project Contract Change Orders up
to the contingency amount of $31,607.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
agreement, attached hereto as Exhibit "A."
PASSED, APPROVED AND ADOPTED this 17th day of April, 2012, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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 and Associates ("Consultant") as of April 17, 2012.
Section 1, SERVICES. Subject to the terms and conditions set forth in this Agreement, Consuitan#
shall provide to Gity 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 shat[ prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on ,tune 30, 2013, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended, as provided for in Section 8.
The time provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as provided for in Section 8,
1.2 Standard of Performance. Consultant shall perform all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant 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 Assi nment 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 maybe reasonably necessary to meet the standard of performance
provided in Section 1.1 above and fo satisfy Consultant's obligations hereunder.
1.5 Site Safety. Consultant shall not be responsible for means, methods, techniques,
sequences, or procedures of construction selected by the construction contractor far the
project or the health or safety precautions and programs incident to the work of such
contractor, and shall not be responsible far construction contractor's failure to carry ou#
work in accordance with the contract documents. The construction contractor is solely and
complekely responsible for jobsite conditions including the safety of all persons and
property.
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Section 2. COMPENSATiO1~f. City hereby agrees to pay Consultant a sum not to exceed $316,073,
notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be the only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by Gity, 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
andlor annuities to which Consultant and ifs employees, agents, and subcontractors may be eligible. Gity
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 invoices. Consultant shaii submif invoices, not more often than once a man#h during the
term of this Agreement, based on the cost for services performed and reimbursabie casts
incurred prior to the invoice date. Invoices shall contain the following information:
^ Serial identifications ofi progress bills; i.e., Progress Bili No.1 for the first invoice,
etc.;
^ The beginning and ending dates ofi 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 Gity's option, far 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 Cansu!#ant performing services
hereunder, as well as a separate notice when the fatal 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.
22 Months Pa ment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shaii 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 Pa meat. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty X60}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 ar cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
na 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 r}y a properly
executed change order or amendment.
2.5 Hourly Fees. i=ces for work performed by Consultant on an hourly basis shall not exceed
the amounts shaven an the attached fee schedule.
2,6 Reimbursable Expenses., Reimbursable expenses are specified below, and shall nat
exceed Two Thousand Dollars 02,000}. Expenses not listed below are not chargeable to
City. Reimbursable expenses are included in the total amount of compensation provided
under this Agreement that shall not be exceeded.
2.7 Pa ment 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 Pa ment u on Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consuitant far 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 casts whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIPS AND EQUIPMENT. Except as set forth herein, Consultant shall, a# its sole
cost and expense, provide all facilities and equipment that maybe 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, ifling cabinets, and conference space, as maybe
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the Gity. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In na event shall City be obligated to furnish any facility that may involve
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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 ko City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City, Consul#ant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shat[ 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 Tess than ONE MILLION DOLLARS ($1,000,400,00) per accident. In the alternative,
Consultant may rely on aself-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 aself-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 shalt 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 notifcatian from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
~,2 Commercial General and Automobile liability Insurance
4.2.'I 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 INIL.LION DOLLARS 01,000,000.00}
per occurrence, combined single limit coverage far risks associated with the work
contemplated by this Agreement. If a Commercial General Liability insurance or
an Automobile Liability form or other farm 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 6e at least
twice the required occurrence limit. Such coverage shall include bu# shall not be
limited ta, protection against claims arising from bodily and personal injury,
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including death resulting therefrom, and damage #o 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 Commercia! General Liability occurrence form
CG 0009 {ed.11f88} or Insurance Services Office form number GL 0002 {ed.1173}
covering comprehensive Generai Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive Genera! Liability.
Automobile coverage shall be at least as broad as insurance Services Office
Automobile Liability form GA 0001 ~ed.12190} Code 8 and 9 ("any auto"}. Na
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City of Dublin, State of California, Zone 7 WaterAgency, City of
Pleasanton and its officers, employees, agents, and volunteers shall be
covered as additional insureds with respect to each of the following:
liability arising out of activities performed by or on behalf of Consul#ant,
inciuding the insured's genera[ supervision of Consultant; products and
completed operations of Consultant; premises owned, occupied, or used
by Consultant; and automobiles owned, leased, or used by the
Consultant. The coverage shall contain no special limitations on the
scope of protection afforded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self insurance maintained by the Gity 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
offer thirty (30} days' prior written notice by certified mail, return receipt
requested, has been given fo 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.
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4.3 Profes_s__ional Liability Insurance. Consultant, at ifs 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
#han ONE MILLION DOLLARS ($9,000,004} covering the licensed professionals` errors
and omissions.
4.3.1 Any deductible orself-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 X30}
days' prior written notice by certified mail, return receipt requested, has been given
to the City,
4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form;
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
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 dafe 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 AI! Policies Requirements.
4.4.1 Acce tabiIit of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A.VIf.
4.4.2 Verification of coverage, Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with origins!
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
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by that insurer to bind coverage on its behalf, The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors, Consultant shall include all subcantractors as insureds under
its policies or shall famish 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 fiorms
of such insurance are either not commerciakly available, or that the City's Interests
are otherwise fully protected.
4.4.5 Qeductibles 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
orself-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condi#ion approval of an increase in
deductible or self insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and rela#ed 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 passible
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 ifs sole option exercise any of the fallowing remedies, which
are altemafives 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 tha#
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; andlor
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Terminate this Agreement.
Section 5. INDEMN[FICATIONRND CONSULTANT'S RESPONSIBILITIES. Gonsultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in
whole ar in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when 41) the injury, loss of life,
damage to properly, or violation of law arises wholly from the negligence ~or willful misconduct of the
City or its officers, employees, agents, or volunteers and ~2~ the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage fo property, or
violation of law. [t is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend asset forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Gonsultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims far damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant ac[cnowledges and agrees to the
provisions of this Section and that it is a material elemen# of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee andlor employer contributions
for PERS benefits on behalf of Gonsultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT,
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant 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 5yskem
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contribufions andlor employee contributions for PERS benefits.
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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 REQtJIREMENTS.
7,1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Com fiance with A livable Laws. Consultant and any subcontractors shat[ 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 the federal government, Consultant and any subcontractors shall
comply with all applicable rules and regulations to which City is bound by the terms of such
fiscal assistance program.
As such, the Consultant warrants that helshe has not employed or retained any
company ar person, other than a bona ftle employee working for the consultant; to
solicit or secure this agreement; and that helshe has nvt paid or agreed to pay any
company or person other than a bona tide employee, any flee, commission, percentage,
brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award, or farmalion of this agreement. For breach or violation of this warranty, the City
shall have the right to annul this agreement without liability, ar at its discretion; to deduct
from the agreement price or consideration, or otherwise recover the full amount of such
flee, commission, percentage, brokerage fee, gift, or contingent fee.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consuitant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cast 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 O~portunit~ Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual origin#atian, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant far any services or programs provided by Consultant under this
Agreement. Consuitant 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
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Agreement, including but not limited to the sa#isfaction 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 MOt)I1;ICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant,
Consultant may cancel this Agreement upon thirty X30}days` written notice to City and
shah 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; Ciky, however, may condition payment of
such compensation upon Consultant delivering to City any or al[ documents, photographs,
computer software, video antl 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 antl exclusive discre#ion, extend the end date of this
Agreement beyond that provided for in Subsec#ion 1.1. Any such extension shah require
a written amendment to this Agreement, as provided for herein. Consuitant understands
and agrees that, if Gify 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 Consuitant far 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.
$.4 Assi nment and Subcantractin .City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consuitant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal f<nowledge. 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 interes# therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of
the performance contemplated and provided far herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract Administrator.
Consulting Services Agreement between April 17, 2012
Gity of Dublin and Harris and Associates Page 1 D of 14
8.5 Survival. All obligations arising prior to the termination of this Agreement antl all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement,
8.6 D~tions 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 Consultan#; or
8.6.4 Charge Consul#ant 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. KBBPING 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
f€nal approvai by City, all data, plans, specifications, reports and other documents are
confidential antl 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 bylaw, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records, Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
andlor copying at any time during regular business hours, upon oral or written request of
the City. Under California Governmen# Cotle Section 8546.7, if the amount of public funds
Consulting Services Agreement between Aprii 17, 2012
City of Dublin and Harris and Associates Page 11 of 14
expended under this Agreement exceeds TEN THOUSAND DOLLARS {~10,OOOAOj,
the Agreement shall be subject to the examination and audit of the State Audi#or, 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 MISCSLLANI=OUS 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 whale or in part of any
provision of this Agreement shah 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 shad 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 Conftict of Interest. Consultant may serve other clients, but none whose activities within
the corpora#e 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,
codi#ied at California Government Code Section 81000 e# seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections ~ 090 et seq.
Consulting Services Agreement between April 17, 2012
City of Dublin and Harris and Associates Page 12 of 14
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (92}
months, an employee, agent, appointee, or official of the Gity, if Consul#ant 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 ef.seq., the en#ire 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 fo reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
maybe subject to criminal prosecution for a violation of Government Code § 9090 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 Ferri Del Rosario,
Senior Civil Engineer ("Contract Administrator"}. All correspondence shall be directed to or
through the Contract Administrator or his or her designee.
10.10 Notices, Any written notice to Consultant shall be sent to:
Ran Richardson, Project Manager
Harris and Associates
9401 Willow Pass Road, Suite 500
Concord, CA 94520
Any written notice to City shall be sent to:
Mark Lander, City Engineer
City of Dublin
900 Civic Plaza, Dublin, CA 945G8
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 stampedisealed and signed by the licensed professional
responsible far the reportidesign preparation. The stamplseal shall be in a block entitled
"Seal and Signature of Registered Professional with repadldesign responsibility," as in the
fallowing example.
Seal and Signature of Registered Professional with
reportldesign responsibility.
Consulting Services Agreement between April 17, 2012
City of Dublin and Harris and Associates Page 93 of 94
1t}.12 Integratiar~. 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 al[ prior negotiations, representations, or agreements,
either written or oral.
CITY OF DUBLIN
Joni Pattillo, Gity Manager
HARRIS AND ASSOCIATES
Isaac Dee, Vice President
Attest:
Caroline Sato, City Clerk
Approved as to Form:
John Bakker, City Atkorney
Consuiting Services Agreement between April 17, 2012
City of Dublin and Harris and Associates Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
J:lwpolR~nrsur1114W011Formslstandard consultant services agreement.doc
Consulting Services Agreement between April 17, 2012
City of Dubin and Harris and Associates--Exhibit A Page 1 of 1
City of Dublin
Alamo Canal Trail Project -Scope of Work
Table of Contents
Task-1 -Project Management
1.1 Project Plan -Construction Management Work Plan (CMWP)
1.2 Project Controls System Development
1.3 Monthly Project Progress Meetings and Reports
1.4 Document Management System (Contract Manager)
1.5 Neighborhood Liaison Strategy (Public Notices)
1.G Partnering (Optional)
1.7 Subconsultant Management
1.8 ~ Construction Strategies
1.9 Contract Negotiations
Task 2 - Preconstruction Phase Activities
2.1 Constructability Reviews ([ncluding Biddability)
2.2 Bidding Assistance before and during bid period
2,3 Construction Management Work Plan
2,4 Storm Water Pollution Prevention Plan {SWPPPP)
2.5 Pre-construction walk with contractor
2,6 Bid Review
2,7 Cash Flow Projections
2.8 Document Review
Task 3 -Construction Administration Activities
3,1 Pre-construction Conferences
3,2 Communications and Correspondence
3,3 Change Management
3,4 Monthly Construction Progress Reports
3.5 Dispute Resolution Boards (optional Scope)
3.6 Schedule Monitoring
3.7 Cost Monitoring
3.8 Progress !Coordination Meetings
3.9 Payment Recommendations
3.10 Safety
3,11 Environmental Coordination
3.12 Neighborhood Communication {Public Notices)
3.13 Submittal Management and Review
3.14 Request for Information (RFI) Management
3.15 Document Management
3.16 Cons#ruction Change Order Assistance
3,17 Review Certified Payrolls
3.18 Falsework, Temporary Work Platform & Shoring Review
Task 4 -Construction Inspection Activities
4.1 Inspection and Documentation
Alamo Canal Trail Projcct - Scape of Work
City of Dublin
4.2 Ma#erials Tes#ing
4.3 Surveying
4.4 Review and maintain "As Constructed Schedule"
4.5 Maintain Photographic and Video Records of Construction Progress
4.B Review and Maintain "As Built" Drawings
4.7 Final Acceptance -Punch List Assistance
4.8 Final Inspection and Punchlist
Task 5 -- Construction Closeout Activities
5.'1 Can#ract Closeout
5.2 Project As-Built Drawings
5.3 Final Project Report
5.4 Final Payment
2
Alamo Cana] Trail Project - Scope of 1'Jork
TASK 1 -- PROJECT MANAGEMENT
City of DuU[in
Harris shall provide construction management services far the project. Harris shall be
responsible for managing its construction management team, developing the processes
and procedures for construction management, providing the resources to complete the
project. In addition, Harris will also be responsible for monitoring the project budget and
schedule, conducting project team meetings, implementing the quality assurancelqua[ity
control program, and communicating with the CITY OF DUBLIN.
1.1 Project Plan
Purpose:
The Project Plan will define the approach to managing the personnel and services to be
provided to the CITY OF DUBLIN under this agreement, and will describe the overall
project-level services to be provided.
Approach:
The Project Plan (PP} consists of the following elements:
. The Scope of Work.
. Organization Chart and Staffing Plan.
Schedule and Budget Tracking Plan.
• Cost Loaded Schedule showing anticipated casts of the work provided for in this
agreement.
. Communications Plan.
Progress Reporting Procedures.
Project Closeout Procedures.
Assumptions:
1. The Project Plan will be based on the assumption that the project will be constructed
using ALAMO CANAL TRAIL PROJECT contract. The Plan assumes the project will
begin construction in April of 2012 and be completed November 2012 (170 working
days}. The Plan assumes that the City will provide survey control and Harris &
Associates (through its sub -KCP) will provide construction staking needed for the
project. The PP will incorporate means to centralize services, share resources, and
transfer experience between staff members to optimize project management efficiency.
2, The Plan assumes the Consultant services for the project wil! Dave duration from April
20'12 through December 20'[2. If the project requires services beyond the anticipated
completion date of December 31, 20'[3 supplemental budget may be needed.
3. Harris will not be responsible for means and methods used by CITY OF DUBLIN
contractors.
Deliverables:
1. Harris: Draft Construction Management Work Plan (CMWP} [2 copies for City of
DUBLIN and sufficient copies for CM staff]
2. CITY OF DUBLIN: Review, comments, and approval of CMWP
3. Harris: Final Project Plan [4 CoP«s]
Alama Canal Trail Project -Scope of 1Vork Cit}~ of Dublin
'1.2 Project Controls System Development
Purpose:
The Project Controls System (PCS} is an integrated cast and schedule information system
that will provide Harris managers and CITY OF DUBLIN staff with current information
regarding schedule, budgets, expenditures, and change orders. The PCS will be an
Internet based system {Contract Manager} that provides secure access to the City of
DUBLIN and City of DUBLIN's Contractor for the purpose of inputting information and
monitoring project progress.
The master schedule of the PCS will enable critical activities and interrelationships
between the contractors, suppliers, the CITY OF DUBLIN, the CITY OF DUBLIN's
engineers}, and construction manager (including its subcontractors) to be monitored
efficiently during the construction phase of the project. The master schedule will provide a
cash flow projection for the project during construction. Once developed, monthly updates
of the schedule will reflect field progress and reports from the contractors.
The cost-monitoring element of the PCS will enable project-wide monitoring of
expenditures for comparison with the original budgets and budget updates resulting from
change orders processed during the life of the project. Monthly reporting will enable
accurate cost forecasting at any time.
The automation of the above information will enable timely analysis, intervention, and
decision making to enable efficient control of the project.
~proach:
The PCS will be developed using Primavera P3 (or a variation of this software) and
Contract Manager, Microsoft Ward and Excel software, A master schedule will be
developed summarizing all significant activities of project related entities including the
contractor, equipment suppliers, the CITY OF DUBLIN and its engineer(s}, and the
construction manager. The schedule will be structured to include the following:
• Principal work activities of the Harris's construction managerlresident engineer, the
CITY OF DUBLIN`s engineer{s}, contractors, and suppliers.
Level one detail extracted from the Contractors' schedules indicating the critical paths
and available float time.
Activities necessary for regulatory compliance.
Relationships between submittals, approvals, procurement, and delivery of materials,
Milestones associated with permitting and approvals.
® Any activity requiring coordination with the CITY OF DUBLIN.
• Substantial and final completion dates.
Alamo Cana[ Trail Project -~ Scope of Work Cf#~~ of Dablin
The cost accounting format will use a work breakdown structure and cost categories that
will be compatible with the CITY OF DUBLIN's cost accounting system. The work
breakdown structure will be based contractor's activities (and bid items) and will provide
the basis for cost~loading activities in the schedule.
Assumptions:
1. The initial master project schedule will be developed based on information available
after the award of contracts for construction.
Deliverables:
Harris:
1. Implementation of Project Control System.
2. Draft master project schedule.
3. Initial master project schedule following review and approval by the CITY OF DUBLIN.
4. Initial project cost tracking documents (monthly progress payment forms}.
CITY OF DUBLIN:
1. Description of CITY OF DUBLIN invoicing requirements and guidelines for project work
breakdown structure and cost reporting format.
'1.3 Monthly Project Progress Meetings and Reports
Purpose:
The monthly progress reports will consist of written reports followed by meetings #o keep
CITY OF DUBLIN management and other stakeholders apprised of Harris' activities under
this contract.
Approach:
. Harris will provide a brief written report covering 'a summary of the status and
expenditures associated with each of the tasks described in this scope of work;
including highlights of any unusual contractual issues that arise during the reporting
period.
The monthly progress meetings will provide for discussion of progress reports and
issues related to (a) this agreement and {b} the construction agreements.
Assumptions:
1. The project monthly progress report will be provided throughout the contract period for
an estimated duration of 9 months.
2. A regular monthly meeting date and time will be established in the Project Plan.
Meeting date is typically the first week of each month, the same day of the week, i.e.,
Monday, Tuesday, etc.
3. Wriften progress reports will be provided to the CITY OF DUBLIN at least 3 working
days in advance of each progress meeting.
4. CITY OF DUBLIN to submit proposed changes/amendments to the monthly progress
reports, in writing, to Harris for its use.
5
Alamo Canal Trail F'rojec# -Scope of work
City of DuU[in
Deliverables:
1. Monthly project progress reports (in PDF format - emailed to City of DUBLIN)
2. Monthly progress review meetings with minutes/summaries.
1.4 Document Management System
Purpose:
The purpose of this subtask is to establish a system for the timely logging, filing, and
tracking of project related correspondence to assure timely responses, provide a record of
communications to enable efficient retrieval and establish the chronology of events for use
in dispute resalution.
~proach:
Harris wilt set up a document tracking system; using Primavera Contract Manager to
maintain project files for each job site and the project office.
ASSUm~fiof]s:
1. Actual logging, filing, and tracking of project information will be performed under
separate tasks and subtasks.
2, The Local Assistance Procedures Manual Ch. 16 File Index will be adopted for al[
project files.
Deliverables:
1. Implementation of a computerized document management system including written
procedures for use of the Harris project team.
'1.5 (not used)
1.6 (not used)
1.7 Subconsultant Management:
}purpose; Provide the CITY OF DUBLIN with sub_consultant services; sub-consultants
include constructian staking (KCP}, design support during construction (TYLI}, biological
support (ICF'1), materials testing consultants (city provides consultant managed by Harris}
at reasonable rates.
~praach: Harris staff negotiates sub-consultant agreements with its sub-consultants.
Assumpfions:
1. CITY OF DUBLIN will retain final approval of all selected sub-consultants and costs
related to sub-consultants work.
Deliverables:
1. Copies of all sub-consultant reports. Original reports will remain with Harris until
project closeout, at which time all originals will be forwarded to the CITY OF DUBLIN.
2. Copies of all sub-consultant invoices billed through Harris.
6
Alamo Canal Trail Project - Scape of Work City= of Dublin
'Iii ~IIOt US~C~~
TASK 2--Pre-Construction Phase Services (portions included in scope of work)
Harris shall provide specialized services during the project Pre-Construction phase,. The
services are intended to involve the Project Manager and Construction Manager
early in the project and to provide advanced planning for tl~e construction phase
activities.
2.1 Constructability Reviews ~ not included in scope of work}
2.2 Construction Management Work Plan
Purpose: Provide the CITY OF DUBLIN and Harris with uniform procedures and
standards for the administration of the construction contract.
Approach: Using the CITY OF DUBLIN's Construction Management Manual and the
Harris Construction Management Procedures Manual, develop a procedures manual that
is usable for the construction project. The Manual will be a compilation of both manuals,
using various parts from each manual as appropriate and incorporating a section
concerning emergencies. The approved manual will used by the CITY OF DUBLIN and
Harris & Associates as it deems appropriate.
Assumptions:
9. CITY OF DUBLIN has a Construction Management Manua[ that documents its policies
and standard operating procedures.
2. The final project manual will be bound in a three ring binder to facilitate future revisions,
Deliverables:
~, Draft project manual for review by the CITY OF DUBLIN (2 copies to City of I]UBLIN}
2. After review and comments, provide fins[ project manual to the CITY OF DUBLIN (2
copies to City of DUBLIN, 3 copies to Harris}
2.'i Pre-construction walk with contractor
Purpose: To start the construction contract with an understanding between the contractor,
Harris and the CITY OF DUBLIN as to the existing conditions of the project before
construction begins.
~proach:, Before the Notice to Proceed is given to the contractor, Harris and the
contractor, with a CITY OF DUBLIN representative, walk the entire project length recording
existing conditions. Project conditions are logged, videotape, and still photographs are
taken to record existing conditions. Copies are provided to the contractor and the CITY
OF DUBLIN if both deem it advisable. Harris will keep the originals in the project files until
project completion,
Assumptions:
7
Alamo Canal Trail Project -- Scope of Work
Cil}' of Dt~biin
1. Project walk will not take longer than two days with approximately the same amount of
time to log, file and copy the information.
2. Harris and the contractor, prior to the start of physical work, will review video and still
photographs.
Deliverables:
1, Project photographs and video of conditions before the Notice to Proceed is issued by
the CITY OF DUBL[N.
2.3Cash Plow Projections
Purpose:
To prauide the CITY OF DUBLIN with a project's anticipated billings so the CITY OF
DUBLIN can better manage available resources.
Approach:
The contractor's baseline schedule, bid proposal, and lump sum bid item breakdowns
contain information that will allow Harris to determine the contractor's planned schedule of
earnings on a project. Harris will review these documents, extract information, and
prepare a projection of the CITY OF DUBLINS cash flaw requirements.
Assumptions.
1. The CITY OF DUBLIN'S contract documents contain reasonable schedule
requirements.
Deliverables:
1. Harris will furnish Cash Flow Projections for the project.
TASK 3 -Construction Management Services
Harris, on behalf of the CITY OF DUBLIN, will provide construction management services
for 7HE ALAMO CANAL, REGIONAL TRAIL IMPROVEMENTS PROJECT construction contract. The
Contract inVOIVeS COnstrUCtian Of A PEQESTRIAN PATH THAT WILL CONNECT THE ALAMO CANAL
TRAIL AND THE CENTENNIAL TRAIL UNDER 1-5$0. COnstrUCtlon Management seruiCeS WIII
include the enforcement of all construction contract requirements included in the contract.
3.1 Pre-construction Conferences
Purpose:
Provide a forum for all essential project participants to meet prior to the start of work. This
meeting will outline the CITY OF DUBLIN'S administration of the contracts, introduction of
the attendees, and record all comments and questions submitted by the contractor(s).
Provides an understanding of the procedures to be used on the project(s) and what the
contractor can expect from the CITY OF' DUBLIN and its' consultants.
A roach:
Harris will schedule, prepare agenda, chair and take minutes of the pre-construction
meeting. Outline project specifies, and inform contractor of project administration
Alamo Canal Trail Project-Scope of~Vork City ofDab[in
procedures. Invite a[I affected regulatory agencies, utilities, fiire departments, police
departments, and others to attend the meeting.
Assumptions:
1. CITY OF DUBLIN will provide the meeting venue.
2. CITY OF DUBLIN will assist Harris in developing the attendee list.
3. Harris will prepare a draft agenda for CITY OF DUBLIN approval prior to the meeting.
Deliverables:
1. Provide written agendas and minutes of 1pre-construction conference.
2. Forward electronic copies of pre-construction meeting minutes to the design engineer
and attendees.
3.2 Communications and Correspondence
Purpose:,
Provide effective written and oral communications on behalf of the CITY OF DUBLIN to the
contractor and other stakeholders in the administration of the contract.
~proach:
At the pre-construction conference obtain al[ pertinent information firom the attendees to
develop a project directory of all key personnel working on the projects. Develop a flow
chart showing how correspondence is to be handfed once it is received from the contractor
or other stakeholders. Log ail information received from contractor and others, in Contract
Manager, in separate project files for action and distribution. Prepare appropriate
responses and obtain CITY OF DUBLIN approval when required. All origins[
correspondence remains with the project files. Only copies will be distributed, except for
shop drawing and other product submittals.
Assumptions:
1. The Local Assistance Procedures Manual Ch. 16 file index will be used for categorizing
and filing all correspondence received fromisent to the CITY OF DUBLIN, contractor
and others.
Deliverables.°
1. Logs of information received from the CITY OF DUBLIN, the contractor or others
relating to the project.
3.3 Change Management
Purpose:
Provide an easily retrievable system ~ #or dealing with all changes on the projects,
regardless of who initiates the change.
~proach:,
Review potential change orders for contractual and technical merit. Prepare independent
cost estimates and schedule analysis of work if necessary, Negotiate change order costs
with the contractor, as needed. Prepare change orders, with all required support
documentation, for execution by the CITY OF DUBLIN. Keep the CITY OF DUBLIN
9
Alamo Ca~~ai Trail Project - Scope of ~T~ork CitS~ of Dublin
apprised of cumulative changes in cost and time and the impact of these on the overall
project. .
Assumptions:
1, The CITY OF DUBLIN, while consulting with the design engineers, will provide
appropriate direction to Harris regarding direction on how it wants to handle certain
aspects of change orders. Harris will be allowed to use its sole judgment on how best
to handle cost negotiations with the contractors.
Delivera6les_
1. Independent cost estimates.
2. Change orders ready for execution
3. Change order summary reports
3.4 Monthly Construction Progress Reports
Purpose:
To keep the CITY OF DUBLIN apprised of the project status during the prescribed
construction period.
~proach:
Prepare a monthly report that provides construction status to the CITY OF DUBLIN and
other involved parties. The monthly report shat[ contain, at a minimum, the following:
1. Status of contractor's schedule, what the contractor is doing to catch up if the schedule
has slipped. Focus will be on critical path & other items that might become critical.
2. Construction and construction manager's costs incurred for the month.
3. Cash flow projections for both the contractor and Construction Manager.
4. Potential Issues, pending change orders and executed change orders.
5. Photographs to show construction activities and for clarity for special issues.
6. Other information deemed necessary for the CITY OF DUBLIN to have a concise
understanding of the construction Projects.
Assumptions:
1. CITY OF DUBLIN will assist Harris in the initial formatting of the first report.
Delr`verables:
1. Monthly progress report
3.5 (not used}
3.6 Schedule Monitoring
Purpose:
Monitor and review contractor's CPM schedule, after acceptance of baseline schedule, to
ensure project is not being delayed for reasons in the control of the contractor.
~proach:
Develop procedures, using available software, to review the contractor`s schedule for logic,
duration, and resource changes in the contractors' monthly updates. Notify the contractor
10
Alamo Cana[ Trait Project - Scope of ~'4'ork City of Dublin
of comments to monthly schedule updates and reports and document its response for the
record. Keep CITY OF DUBLIN apprised of construction schedule and changes found in
the updates.
Assumptions:
1. Contract specifications will require contractors to use Critical Path Method {CPM) for
scheduling its work. The preferred scheduling software is P3 or Suretrak by Primavera.
Gant charts will be strictly forbidden except for time-impact analysis discussions.
2. Schedule status reports will be a part of the monthly status report only.
3. The level of effort needed does not require a professional schedule reviewer
Deliverables.°
1. Schedule status report each month (included in Monthly Report).
3.7 Cast Monitoring
Purpose.'
To provide the CITY OF DUBLIN with a system that is easily accessible, easy to
understand, and provides the required cost information for making timely decisions.
Approach:
Using a combination of Contract Manager and Excel software provide reports,
spreadsheets and graphs to monitor expected cost outlays and actual cost outlays.
Assumptions:
1. CITY OF DUBLIN is to provide direction and assistance in developingldetermining
information needed and reporting format from the cast monitoring system.
2. Cost monitoring wil[ only monitor the construction contract and the Harris contract.
Deliverables:
1. Implementation of the Cost monitoring system.
2. Cost projections included as part of Monthly Report.
3.8 Progress I Coordination Meetings
Purpose:
Conduct weekly meetings with the contractor to discuss schedules, status of RFQ's, status
of submittals, issues log, old and new business concerning the project and any other
business that is a concern of any party attending the meeting. To keep everyone informed
as to the status of the project and discuss issues that may influence project completion.
Approach:
Conduct weekly meetings with the contractor and the CITY OF DUBLIN to discuss project
schedule, current, and past issues that require action by someone other than the party
raising the issue. Harris requests the contractors and the CITY OF DUBLIN submit agenda
items for the weekly coordination meetings. Using the proposed agenda items and
agenda items developed in house, Harris prepares an agenda for the meeting and
distributes the agenda to the parties that will attend the meeting. Harris distributes the
11
Alamo Canal Trail Project -Scope of ~,Vork City of Dublin
previous meeting minutes and asks for concurrence of those the attending the meeting or
suggested corrections to the minutes. Minutes are filed as approved or amended.
Assumptions:
1. CITY OF DUBL[N and contractor's staff will be able to meet on a regular basis with
minimal absences.
2. Meeting room will be able to seat a minimum of 10 people.
3. Meetings will not be more than once a week and will not last longer than an hour.
Supplemental meetings will be scheduled to address specific topics that cannot be
appropriately addressed in the weekly coordination meetings.
4. CITY OF DUBLIN is invited to attend the meetings as a participant. Separate meetings
may be held with the City should sensitive items need to be discussed without the
contractor.
5. Harris will lead the meeting, take notes of discussion items and d`[stribute action
minutes to attendees.
~. Contractor is required to submit alook-ahead schedule (3 week) at each weekly
meeting.
Deliverables:
1. Weekly Agenda with status of open items from previous meetings.
2. Weekly meeting minutes with action items noted.
3. Three week look ahead schedule {prepared by the contractor and distributed at the
meeting)
4. Submittal, Issues log, and RF[ and RFQ working logs
3.9 Payment Recommendations
Purpose:
Verify the contractor`s request for payment does not represent more than the amount that
is reasonable for the work completed on a monthly basis. To prepare progress payment
recommendations on behalf of the CITY OF DUBLIN for work completed and materials
stored on hand {if allowed),
~proach:
Harris and contractor develop a procedure that is acceptable to the CITY OF DUBLIN for
monthly progress payments and the final payment {in accordance with LAPM Section 16).
Harris reviews contractors' payment requests and verifies eligible contractor pay
quantities. After approval of the payment request, by Harris and the contractor, Harris
prepares payment documentation, using Excel software, for approval and execution by the
CITY OF DUBLIN.
Assumptions:
1. Payments will be made to the contractor once each month.
2. CITY OF DUBLIN will make payments in accordance with the contract stipulations and
State Law.
3. Excel software is acceptable to the CITY OF DUBLIN far preparing progress payments
12
Alamo Canal `frail Project - Scope of Work City of rJublin
Deliverables:
1. Contractor progress payment and final payment request.
2. Cost summary in the Monthly status report.
3. Progress payment request documents suitable for approval and execution by the CITY
OF DUBLIN.
3.9 0 Safety
Pub:
Review and monitor contractors` compliance with his safety program. Notify contractor if
unsafe condition is observed. Notify the CaIfOSHA and local authorities if contractor
refuses #o rectify unsafe condition. Report on accidents.
Approach.
Harris staff to observe contractor's work area. Contractor's to be informed if unsafe work
conditions andfor areas are observed. Failure to rectify unsafe conditions will be cause to
contact CallOSHA and loco[ authorities. Immediate shutdown of contractor's work may be
required, if conditions endanger property andlor life.
Assumpfioras:
'[. Contract document require contractor to submit its safety program and identify safety
officer prior to the start of work
2. Contract documents or contractor's safety program require contractor to submit
accident reports.
3. Harris assumes no responsibility for safety of contractor's work areas.
4. Harris assumes no responsibility far implementation of contractor safety program ar its
construction means and methods.
5. CITY OF DUBLIN's contractor is solely responsible for safety at each project site.
Deliverables
1. Accident reports
2, Summary of accidents will be part of the monthly progress reports.
3,19 Environmental Coordination
Pub
Verify contractor has copies of applicable permits and that the work activities abide by the
requirements of the permits granted by regulatory agencies. Support the East Bay
Regional Park District's Designer (TYLI & 1CF1) in performance of their regulatory
compliance scope of work. (Note that: TYLI and ICFI are working under Harris &
Associates at City's request -under subcontract to Harris & Associates)
Approach:
Provide support to the PROJECT as directed by CITY OF DUBLIN necessary to review
and enforce requirements stipulated in permits issued by regulatory agencies.
13
Alamo Canal Trail Project - Scope of ~Vor[c Cit3~ of bub[in
Assumptions:
1. PROJECT designer is responsible for all regulatory compliance activities.
2. Harris will provide genera! support to designer in performance of their duties.
3. PROJECT designer provides a list of key activities or actions that it will perform and
whether Harris needs to advise them of triggers by construction contractor.
4. All permits will be provided to Harris for review.
5. All permits will be included in the contract documents.
Deliverables:
Notice to PROJECT designer of start of project and other activities that require action
provided those items are listed and given to Harris in sufficient time to provide timely
notice.
2. Correspondence to affected parties
3,'I3 5ubmittai Management and Review
Purpose:
Provide an efficient means of processing shop-drawing and other product submittals
between the contractor and the design engineer. Provide the CITY OF DUBLIN with a
brief, initial review of the contractor's shop-drawing submittals before forwarding it to the
design engineer.
~proach:
Using Contract Manager, develop a submittal list for distribution to the contractor and the
design engineer. Track and submit suspense submittal logs at each coordination meeting,
Follow up on all submittals that are nearing the end of the review period. Question
contractors that have not provided re-submittals of shop drawings that either have been
rejected or require additional information before the submittal may be approved for
inclusion in the work. The following steps will be followed in reviewing the contractor's
shop-drawings:
1, Log into Contract Manager all submittals by Specification number, i.e., 12.09, 12.04.01,
etc.
2, Ensure the contractor has provided a complete submittal, it has been coordinated with
other trades and all deviations have been noted. Submittal is returned to the contractor
if it is not complete.
3. Construction manager continues review far general compliance with the specification.
4. Submittal is forwarded to design engineer for formal review and acceptance.
5. Submittals are returned to Harris and the submittal status is logged into Contract
Manager.
6. Submittals are returned to the contractor for use in work.
7. Harris to inform contractor if a resubmittal is required.
Assumptions:
1. Harris will not be responsible far errors ar omissions in any submittal lists; this is the
responsibility of the CITY OF DUBLIN'S construction contractor.
2. Harris will not incur any costs against it because of Assumption No, 1,
3. Harris will make an exhaustive review of the submittals if it is not necessary to send the
submittal to the designer for approval.
14
Alamo Canal Trail Project - Scape of «TOrk
Cite of Dublin
Deliverables:
1. Monthly status fogs of project shop drawings submittals.
2. Status log of al[ submittals in the Contract Manager database.
3. Log of accepted submittals.
~4. Log of submittals in review.
5. Log of submittals that are not approved and will require resubmission by the contractor.
6. Final log of shap drawing submittals and status at end of construction.
3.14 Requests for Information (RFI) Management
Purpose:
At times, a contractor is unable to locate information that it deems critical to its construction
activity. Harris staff will receive, fog and track Requests for Information (RFI) submitted by
the construction contractor, The efficient management of RFIs permits the timely
communication between the designer and the contractor.
Approach:
Harris will receive, log and review al[ RFI's for completeness and verify the question is
reasonable and understandable. Harris will provide a short technical review of the RFI to
determine if the issue is addressed adequately in the contract documents. Harris will
return the RFI if the question is unclear or, in the opinion of Harris staff, the answer is
contained in the contract documents. Harris will note where the requested information can
be found in the contract Documents. Harris will track RFI's by creating weekly logs, using
the Contract Manager software, to verify timely response from the design engineer. RFI's
held longer than five days by the design engineer will be followed up with a telephone calf
to the appropriate person in that group.
Assumpfions._
1. Harris will not be held responsible for returning a RFI to the contractor in error or
misunderstanding.
2. RFIs will be responded to within five working days after receiving it. Facsimile or e-
mailed PDFs will be used to forward RFl's to the design engineers (as required). RFIs
that are sent to the PROJECT design engineer will be responded to within five working
days after received from Harris.
3. Harris & Associates will attempt to address RFI's prior to sending them to the
PROJECT designer. Typically, those that have a specification or design issue or
potential change will be forwarded to the PROJECT designer.
Dellverables:
1. Log of all RFI and their status.
2. Log of all RFI answers and their status.
3.15 Document Management
Purpose:
Provide the CITY OF DUBLIN with an electronic means of tracking all documents
exchanged between the parties involved in the construction of the project,
15
Alamo Canal Trail Project -Scope of ~~~ork City of Dublin
Approach:
Using Primavera Contract Manager and the City of DUBLIN File Index all documents will
be logged in the project field office. Documents will be scanned into the document control
system and attached to City of DUBL[N file index categories. Al[ documents will be filed as
an electronic file and hardcopy.
A_ ssumptions:
1. CITY OF DUBLIN will provide filing cabinets, of its choice, for the hardcopy files.
Deliverahfes~
1. Logs of all documents in the project files (electronic and hardcopy).
2. All hardcopy project documents exchanged on the project between the various parties.
3.18 ConstrUCtion Change Order Assistance
Purpose:
To provide the CITY OF DUBLIN with assurance the contractor is not presenting bogus
requests for extra wank that was included in the original scope of the contract. To assure
the CITY OF DUBLIN that the associated extra work costs and time extension requests
are fair and reasonable to both the CITY OF DUBLIN and the contractor.
~proach:
There are two steps involved with this task. First, there is extra work requested by the
CITY OF DUBLIN. Second, there are costs and time claimed by the contractor as alleged
extra work. The steps used in assisting the CITY OF DUBLIN are similar in some respects
and different in others. The approach Harris will use in assisting the CITY OF DUBLIN is
as follows:
Requests for Changes by the CITY OF DUBLIN
1. Forward Request for Quote (RFQ) to contractor for pricing and time extension if
necessary. Letter to have a brief scope of the extra work and any other information the
construction managerlresident engineer believes the contractor should be aware of in
order to fairly price the work.
2. Resident Engineer prepares an independent cost estimate of the extra work.
3. Construction Manager reviews the cost quote from the contractor for completeness.
4. [f cost quote and resident engineers estimate is within 5%, accept the contractor's cost
quote. If the difference is greater than 5%, negotiate with the contractor for a
reasonable number.
5. Should the construction manager and the contractor be unable to negotiate a
reasonable price, do the work by force account, or involve the Construction Manager of
the CITY OF DUBLIN.
Requests for Changes by Contractor
1. Review requests of alleged cost increases andlor time impacts far merit. If the
construction managerlresident engineer determines the request fails on merit, the
contractor will be informed of the reasons why the request is denied. Should the
construction manager determine the request has merit, proceed as follows.
16
Alania Canal Trail Project -Scope of Nork
CitS- of Dublin
2. Prepare independent cost estimate and time-impact schedule analysis of work.
3. Negotiate extra work cost and time extensions with the contractor.
4. Prepare change orders for execution by the CITY OF DUBLIN.
Assumptions:
1. Harris will have authority to make minor changes to work that it determines to have no
cost or time impacts to the construction projects.
2. The CITY OF DUBLIN will not negotiate with the contractor on contract changes.
3. Extra work costs successfully negotiated between Harris and the contractor will be
submitted to the CITY OF DUBLIN for approval.
4. The CITY OF DUBLIN agrees-that 5% difference in estimates is reasonable and will
agree to pay the contractor's estimated price.
Deliverables:
1. Independent cost estimates.
2. Independent schedule analysis.
3. Summary of negotiations and recommendations for approval.
4. Change orders ready for execution
5. Change order summary reports
6. Documents necessary to obtain approval beyond the authority of the CITY OF DUBLIN.
3.'l7 Review Certi#ied Payrolls
Pine:
To verify the contractor provides certified payroll reports in conformance with the
provisions of the contract and applicable State Law. To verify the certified payroll reports
contain information required by the Labor Cade.
~proach:
CITY OF DUBLIN will perform this task.
Assam tions:
Payroll documents will be sent directly to CITY OF DUBLIN.
3.'18 Falsework, Temporary Work Platforms liTrestle) and Shoring Review
Purpose:
To verify the contractor provides engineered structurally adequate and safe temporary
work structures necessary for the campletion of the work.
~proach:
Receive and forward engineered plans and calculations from the contractor and each of its
subcontractors to the construction managers falseworklshoring specialist of CITY OF
DUBLIN's design engineer far review and approval.
I7
Aiamo Cana[ Trail Project--Scope of ~TiTOrk CitS~ of D~~hli~i
Assumptions:
1, Harris will review all submittal .for completeness prior to forwarding to specialist for
review.
2. All reviews will be performed within 10 working days unless construction contract
provides for alternate review time.
3, Harris will formally review a!I falsework, trestle and shoring submittals unless CITY OF
DUBLIN specifies otherwise.
Deliverables:
Review of comments for all submittals; redlined drawing for items that need to be
corrected, noting revise and resubmit; or other comment regarding action if any to be taken
by contractor.
Task 4 -Construction Inspection ~eruices
4.1 Inspection and Documentation
Purpose:
Provide the CITY OF DUBLIN with documentation of construction activities, duration, and
work conditions.
Approach:
Provide the CITY OF DUBLIN with knowledgeable people, familiar with construction
activities to be performed on the project. Using Contract Manager, document the
contractors' daily activities, manpower, equipment and items considered pertinent to the
projects. The Resident Engineer is to review daily reports and provide instruction to
inspectors on ways to improve their daily reports. Provide documentation of labor,
materials, and equipment each day in various sections of the project.
Assumptions:
1. CITY OF DUBLIN will not unreasonably withhold approval of the inspectors proposed
by Harris.
2. All inspections will be within the project limits.
3. Harris will not perform overtime inspections without approval by CITY OF DUBLIN
Construction Manager (Overtime will be governed by Task G.8 below)
I7PIll/PY~IIIP.C `
1. Daily inspection reports.
2. Concrete placement reports.
3. Miscellaneous reports deemed necessary by the construction managerlresident
engineer and with the concurrence of the CITY OF DUBLIN Construction Manager.
4,2 Materials Testing
Purpose:
Provide project site and laboratory testing of construction materials used in the Project.
IS
Alamo Ca~ia] Trai] Project- Scope of ltTOrk Cite of Dublin
Approach:
Utilize the CITY OF DUBLIN's material-testing laboratory (consultant). Provide material
and field-testing in accordance with test methods and frequencies specified in the
CALTRANS Construction Manual (unless Gity of DUBLIN specifies otherwise).
Assumptions:
1. Harris will manage the use of services provided by the City's material testing laboratory
2. Results will be reported promptly to the contractor through the resident engineer so that
appropriate corrective action can be taken
3. Payment for retesting will be made by the contractor through appropriate deduction in
monthly progress payments that may be due the contractor
Deliverables:
1. Reports on all soil proctor and density tests.
2. Compression tests on all concrete samples taken on all project sites.
4.3 Surveying (Construction Staking)
Purpose:
To provide construction stakes in the field from which the contractor can build the project.
Approach:
Harris & AssociateslKCP will use the CALTRANS Survey Manual Section 12 as a basis to
provide construction staking and notes from which the resident engineer and contractor
can check and build the work.
Assumptions:
1. The construction contractor will submit staking requests on forms provided by Harris &
Associates.
2. Harris will review the contractor's staking request for adequacy and appropriateness.
3. Requests that have been determined to be apprapriate will be forwarded to KCP for
their survey staff to place necessary marks and information in the field.
4. Contractor shall allow at least three days for completion of all approved staking
requests.
Deliverables:
~ . Construction Stakes and survey notes.
4,4 Review and maintain "As Constructed Schedule"
Purpose:
To track contractor's progress during construction of the project so as to verify ar refute
claims for delay during and at the conclusion of construction. To provide a record of all
activities (start and completion dates) performed during the life of the contract.
19
Alamo Canal Trail Project - Scope of 1Vork City of Dut~lin
Approach:
Using the daily inspection reports prepared by Harris inspectors, the contractors' schedule,
site observations, and other sources of information, Harris wil[ track and document the
contractor`s actual progress. The contractor's baseline critical path schedule will be used
as a basis far comparing planned versus actual progress. The CPM software described
previously will be used to track the contractor`s progress and build a schedule based on
the contractor's activities.
Assumptions:
'[ . Monitoring will be on a continuous basis and the "as constructed" schedule will be
updated monthly.
2. Harris will review contractor's submittal at conclusion of construction.
Deliverables:
1. An "As Constructed Schedule" with one electronic file,
4.5 Maintain Photographic and Video Records of Construction Progress
Purpose:
To provide the CITY OF DUBLIN with a photographic and video record of the project,
before, during and after construction.
Approach.°
Using still, digital and video cameras record the conditions of the project before the
contractor starts work and after the work is complete, Using the same cameras, record the
contractor`s progress during construction. During construction, care will be taken to record
all items and/or conditions that have or may have a bearing on claimed extra work. Still
photographs will have captions on the back giving the date taken, direction, and initials of
the inspector taking the photograph and a brief description on the photograph.
Assumptions:
1. Photographs and videos will remain at the Harris office until the end of the project.
2. Digital photographs will be archived at the Harris office until the end of the project.
Deliverables.`
1. AI[ photographic and video records.
2. Alf materials and supplies acquired, and charged to the CITY OF DUBLIN, for use
under this subtask
4.6 Review and Maintain "As Built" Drawings
Purpose:
Ta provide the CITY OF DUBLIN with accurate record drawings for the project.
20
Alamo Canal Trail Project- Scopa of 1'Ifork CitS~ of Dublin
Approach:
Monitor contractors required record drawings on a monthly basis. In addition to monitoring
the contractor's drawings, Harris staff will maintain a copy of the contract plans for the
project. Harris staff will attempt to include items that are not normally shown on the
contractor's set of record drawings. This information is riot necessarily construction
related, but is project related and may be important in future maintenance and/or
construction projects.
A_ssumpfions:
'I. The PROJECT designer will be responsible far making the changes to the drawings
prepared by its design engineers.
2. Harris will assist the design engineers in answering its questions regarding the record
drawings.
3. Contract documents will require contractor to maintain and submit at the conclusion of
construction (prior to final acceptance of contract by City) redline as-built drawings.
Deliverables:
'[ . One set of marked up contract drawings. This set wil[ be in addition to the contractor's
marked up set of contract drawings.
2. Electronic copies of final "AS-Built" drawings
4,7 Final Acceptance -Punch List Assistance
Purpose:
To provide the CITY O~ DUBLIN with reasonable assurance the general intent of the
project documents have been complied with.
A roach:
Coordinate a walk through with the CITY OF DUBLIN, (project design engineer - if
requested), contractor, the East Bay Regional Park District maintenance staff and other
stakeholders and interested parties. Prepare a punchlist with all errors, deficiencies and{ar
omissions noted in the walk through for the contractor to correct within a certain timetable.
Harris staff will inspect items on the punchlist after the contractor has notified Harris the
work is complete. Completed items on the punch list will be initialed and dated as to who
did the inspection and the date of the inspection. Upon completion of the punchlist work
Harris will notify the CITY OF DUBLIN and the East Bay Regional Park District the work is
complete and forward a copy of the completed punchlist.
Assumpfions:
~ . Work requiring correction will be included on the punchlist when it is first noted. These
interim punchlists will be transmitted to the contractor periodically during the course of
construction.
2. items may be placed on the punchlist at any time up until the Notice of Completion is
filed.
21
AIamo Canal Trail Project -Scope of Nark City of D¢blin
Deliverables:
1. Completed punchlist with items initialed and dated {included with the closeout
documents if required).
4.8 Final [nspection and Punchlist
Purpose:
To identify elements of construction requiring correction prior to final acceptance by the
CITY OF DUBLIN.
~proach:
Following substantial completion, perform a project inspection of the completed
construction. During the inspection develop a list of contract work requiring correction or
rework. The written list of deficient work (punchlist} will be delivered to the CITY OF
DUBLIN and CONTRACTOR within three {3} working days ofi the final inspection. The
final punchlist will include items to be corrected that were identified previously during the
course of construction.
Assumptions:
1. The CITY OF DUBLIN will identify any key CITY OF DUBLIN or other agency
personnel to be included in the final inspection.
2. Harris will contact and schedule al[ required final inspection personnel 48 hour prior to
the final inspection.
3. Harris will prepare the final punchlist.
Deliverables:
1. Notice to City of DUBLIN and East Bay Regional Park District that all Final punchlist
work has been completed.
Task 5 -Construction Closeout ~-ctivities
5.1 Contract Closeout
Purpose:
Provide the CITY OF DUBLIN with alf documentation and history of the construction
contract.
Approach.,
Use a systematic approach of reviewing the documents and providing the following:
1. Summary of all project costs;
2. Copy of contractor's performance bond, good for the warranty period.
Assumptions:
1. CITY OF DUBLIN will prepare and file contract Notice of Completion and Acceptance
of Work.
Deliverables:
1. Final project report in format required by all project stakeholders.
22
Alamo Canal Trail Projec€ - Scope of ~~'ork Ci€}' of I}ublin
5.2 Project As-Built ®rawirtgs
Purpose:
Ta provide the CITY OF DUBLIN with accurate as built drawings far construction contracts.
Approach:
Monitor contractor required record drawings on a monthly basis. In addition to monitoring
the contractor's drawings, Harris will maintain a copy of the contract plans for each project.
Harris will attempt to include items that are not normally shown on the contractor's set of
record drawings.
Assumptions:
'i. The design engineers will be responsible for preparing the "as built" drawings.
2. Harris will assist the design engineers in answering its questions regarding the
drawings
3. The contractor will be responsible for delivery of the redline "as built" drawings to the
Harris.
Deliverables
One set of marked up contract drawings. This set will be in addition to the contractor's
marked up set of contract drawings.
5.3 Final Project Report
Purpose:
To Provide the CITY OF DUBLIN with a written history of the construction contract.
Approach:
Harris will review the project documents and prepare a written report for the CITY OF
DUBLIN. As a minimum, the report will include the following:
1. Names of ail organizations involved with the Projects, i.e., CITY OF DUBLIN managers,
construction manager, contractor and any other parties that may have a significant part
in the construction of the projects.
2. Chronological history of the construction effort, to include all significant dates.
3. Contract amounts at bid time with all other bids in tabular form.
4. Change order history, to include summary statement about each change, negotiated
cost of each change and other information deemed necessary by Harris and the CITY
OF DUBLIN's Construction Manager,
5. Summary of Requests for Information, in tabular or matrix form.
6. Summary of outstanding claims not resolved when the notice of completion is filed.
7. Summary of final contract amount.
8. "Lessons learned"
Assumptions:
1. CITY OF DUBLIN will provide input to Harris regarding the form of the final report
23
Alamo Canal Trail Project -Scope of tiYork
City of Dublin
1. One Project Report for each construction project. One hard copy (far each agency that
required one) and one electronic file wil[ be prodded.
5.4 Final Payment
Purpose:
To provide the CITY OF DUBBIN with the final contract cost and final balance due the
CONTRACTOR,
Approach:
Fo[iowing completion of the contract work determine the final quantities and cost of all unit
price work and the final costs of all approved change order work. Prepare for CITY OF
DUBLIN and CONTRACTOR execution a Tina( balancing change order quantifying the final
contract amount.
Assumptions:
1. There are no outstanding issues or claims.
2. The CITY OF DUBLIN is responsible for filing Notice of Completion and addressing al[
subcontractor claims prior to release of final payment.
Deliverables:
1. Final balancing change order.
2. Final payment estimate.
24
EXHIBIT B
COMPENSATION SCHEDULE
J:lwpd1~11nrsw19~[4~7011Formslstandard consultantssrvices agreemeni.doc
I83S$06.1
Consuiting Services Agreement befween April 17, 2412
City of Dublin and Harris and Associates--Exhibit B Page 1 of 1
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