HomeMy WebLinkAboutItem 7.1 - 1822 Award of Public Safety Complex
Page 1 of 5
STAFF REPORT
CITY COUNCIL
DATE: February 6, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Award of Contract to Sausal Corporation, Approval of an Agreement with
Swinerton Builders, Approval of Plans and Specification, and Waive Minor
Bid Irregularity for the Public Safety Complex – Police Services Building
(Project No. GI0116)
Prepared by: Michael Boitnott, Capital Improvement Program Manager
EXECUTIVE SUMMARY:
The City Council will consider awarding a construction contract to Sausal Corporation,
approving an agreement with Swinerton Builders, dba Swinerton Management &
Consulting, and approving the plans and specifications for the Public Safety Complex -
Police Services Building, CIP No. GI0116. The City Council will also consider approving
a budget change to increase project funding. The project scope includes the demolition
of two existing buildings, renovation of one building, reconstruction of one building, and
associated site improvements to accommodate current and future Dublin Police
Services office space needs.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications, Waiving a Minor Bid
Irregularity, Awarding a Contract to Sausal Corporation, and Approving an Agreement
with Swinerton Builders, dba Swinerton Management & Consulting for the Public Safety
Complex - Police Services Building, CIP No. GI0116; and approve the budget change.
FINANCIAL IMPACT:
The 2016-2021 Capital Improvement Program (CIP) includes the Public Safety Complex
- Police Services Project (CIP No. GI0116). The lowest responsive base bid received for
the construction work was $14,124,500. As part of the bid, four add alternate bid items
were included in addition to the base bid. These four add alternates total $1,158,900.
As further described in this report, Staff recommends that City Council award the
construction contract, including all four add alternate bid items, for a total construction
contract of $15,283,400. A 10 percent construction contingency in the amount of
$1,528,340 is requested for unforeseen construction issues, bringing the total potential
construction cost to $16,811,740.
Page 2 of 5
In addition to the construction contract, the project budget includes expenditures for soft
costs which include staff, consultants, permits, fees, and other miscellaneous costs.
With these, Staff estimates the total project budget needs to increase to $21,500,000.
Awarding the construction contract and covering anticipated soft costs requires the City
Council’s approval of a budget increase of $6,500,000, as shown in the table below:
Existing Funding Sources
Dublin Crossing Community Benefit Payment
($13.8 million of Project eligible for reimbursement
from future Public Facility Fees) $15,000,000
Total Funding $15,000,000
Project Costs
Base Bid $14,124,500
Add Alternate #1 – Emergency Power Building 1A $84,100
Add Alternate #2 – Add Parking Area to Secured Lot $559,100
Add Alternate #3 – Exterior Louver Screens $185,600
Add Alternate #4 – Add Carports $330,100
Contingency $1,528,340
Soft Costs $4,688,260
Total Costs $21,500,000
Funding Shortfall $(6,500,000)
Additional Funding Sources
Dublin Crossing Community Benefit Payment $3,000,000
General Fund Reserve for Civic Center Renovation $1,962,100
General Fund Non-Streets CIP Reserve $1,537,900
Total Additional Funding $6,500,000
DESCRIPTION:
The 2016-2021 Capital Improvement Program (CIP) includes the Public Safety Complex
- Police Services Building project (CIP No. GI0116). On March 23, 2017, the City
publicly opened bids for the project. Three bids were received , with Sausal Corporation
being the apparent low bidder. The basis of award bid from the apparent low bidder was
$16,264,000 or 42 percent over the estimated construction cost. On April 18, 2017, the
City Council rejected all bids and directed Staff to work with the project design team and
Dublin Police Services to evaluate the project and identify cost saving measures to
provide a facility that meets current needs and functionality.
The project team evaluated several aspects of the project and determined that there
were potential cost savings that could be achieved with minimal long-term impacts to
the facility or the services the building will provide. Cost-cutting measures included:
opening the bid to qualified contractors beyond the five that were prequalified to bid on
the original project, eliminating the second story surplus storage area above the locker
rooms and evidence storage area, eliminating the need for an elevator, reducing the
amount of specialty items and single components to increase economy of scale, and
Page 3 of 5
providing an open specification which sets minimum product criteria standards to
increase competition between suppliers and subcontractors.
The plans and specifications for the project were completed and the project was
advertised for bids in November 2017. The final plans provide for the construction of a
building that meets the essential facilities criteria in the California Building Code, for
both Dublin Police and the City’s Emergency Operations Center, including a standby
generator. The project includes the demolition of two existing buildings, renovation of
one building, reconstruction of one building, and asso ciated site improvements including
secured parking, guest parking, and an entry plaza to accommodate current and future
Dublin Police Services’ needs. This project is exempt under Section 15301 (Existing
Facilities) of the CEQA Guidelines.
A total of three sealed bids were received on January 18, 2018, ranging from
$14,124,500 to $16,328,000. A summary of the bids is provided as Attachment 1. The
low bid of $14,124,500 was submitted by Sausal Corporation. This bid contained an
arithmetic error summing the total of the unit bid items, which subsequently lowered the
total base bid price by $100. The Public Contract Code requirements and the City’s bid
documents define this as a “minor bid irregularity” and authorize the City to waive this
irregularity, including all minor bid irregularities, and proceed with the award of the
contract.
Included within the bid package were four bid alternative items in addition to the base
bid work, as follows:
1) Extended Emergency Power to Building 1A – $84,100
Emergency Power will ensure that during a disaster or other mitigating
event that power will remain to support law and order efforts.
2) Add Parking Area to Secure Lot – $559,100
This add alternate would entirely pave out the secured parking area.
3) Add Exterior Louver Screens – $185,600
The screens will increase the level of security for public safety personnel
as well as add aesthetic value.
4) Add Carports – $330,100
Carports will provide additional shade area in the parking area and assist
with the wear and tear on police vehicles. Staff will continue to explore
options for solar installation for future energy savings.
All four bid alternative items could be added in the future; however, Staff recommends
these items be included now. Constructing these it ems now provides an “economy of
scale” by packaging it with a large construction project reducing administrative costs .
Additionally, the Police Department would not be disrupted in the future with
construction of these improvements. Finally, the cost to construct these improvements
in the future is anticipated to increase. Therefore, Staff recommends adding all four bid
alternative items, bringing the total construction contract to $15,283,400.
Page 4 of 5
Staff has reviewed the bid results and bidder qualification statements, checked
references and necessary licenses, and recommends that the City Council adopt the
Resolution (Attachment 2), waiving any and all minor bid irregularities, and awarding the
project construction contract to Sausal Corporation, as the lowest responsive bidder.
To facilitate the approval of contract change orders and to avoid construction delay, it is
recommended that the City Manager or designee be authorized to approve change
orders up to the contingency amount of $1,528,340. The Resolution will authorize this
change as it relates to this project.
In addition to the construction contract, Staff recommends approval of a consultant
services agreement (Attachment 3) for a not-to-exceed amount of $975,000 with
Swinerton Builders, dba Swinerton Management & Consulting. The consultant was
selected from the list of firms that submitted qualifications to the Public Works
Department as part of the on-call solicitation. The consultant will provide pre-
construction services, construction management, public works inspection, and
coordination with public utility companies. The Consultant will also serve as the
assistant Inspector of Record in supporting the City’s Building Department as required
by the State of California for essential facilities, an d provide coordination between the
Designer of Record and the construction contractor.
The existing budget for the project is $15,000,000. To award the construction contract
with a ten percent contingency, approve the agreement for construction management
services, and pay for staff time and other project costs, the project budget needs to be
increased. Staff recommends an additional budget appropriation of $6,500,000 be
approved from the following sources:
1) Dublin Crossing Community Benefit Payment - $3,000,000
2) General Fund Reserve for Civic Center Renovation - $1,962,100
(This was initially created to fund a renovation of the existing Police Service wing
of the Civic Center)
3) General Fund Reserve for Non-Streets Capital Improvement Program -
$1,537,900 (current balance is $3.9 million)
Staff expects the project to begin in March 2018 and anticipates it to be completed in
October 2019.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to Sausal Corporation and Swinerton Builders.
ATTACHMENTS:
1. Bid Results
2. Resolution Approving the Plans and Specifications, Waiving Minor Bid Irregularity,
Awarding a Contract To Sausal Corp., and Approving An Agreement with Swinerton
Builders For Project NO. GI0116
3. Exhibit A of Resolution - Agreement with Swinerton Incorporated
4. Budget Change
Page 5 of 5
CI
T
Y
O
F
D
U
B
L
I
N
Attachment 1
PU
B
L
I
C
W
O
R
K
S
D
E
P
A
R
T
M
E
N
T
EN
G
I
N
E
E
R
I
N
G
D
I
V
I
S
I
O
N
BI
D
S
U
M
M
A
R
Y
Pr
o
j
e
c
t
N
a
m
e
:
Pu
b
l
i
c
S
a
f
e
t
y
C
o
m
p
l
e
x
-
P
o
l
i
c
e
S
e
r
v
i
c
e
s
Pr
o
j
e
c
t
N
o
.
:
gi
0
1
1
6
Bi
d
D
a
t
e
:
Ja
n
u
a
r
y
1
8
,
2
0
1
8
2
:
0
0
P
M
IT
E
M
DE
S
C
R
I
P
T
I
O
N
Qt
y
.
U
N
I
T
U
n
i
t
C
o
s
t
E
x
t
e
n
s
i
o
n
U
n
i
t
C
o
s
t
E
x
t
e
n
s
i
o
n
U
n
i
t
C
o
stExtension
1
B
a
s
e
B
i
d
#
1
-
B
a
s
e
C
o
n
t
r
a
c
t
W
o
r
k
1
L
S
$
1
3
,
9
8
3
,
1
0
0
.
0
0
$
1
3
,
9
8
3
,
1
0
0
.
0
0
$
1
4
,
7
4
3
,
0
0
0
.
0
0
$
1
4
,
7
4
3,000.00$16,200,000.00$16,200,000.00
2
B
a
s
e
B
i
d
#
2
-
S
W
P
P
P
1
L
S
$
7
7
,
4
0
0
.
0
0
$
7
7
,
4
0
0
.
0
0
$
6
6
,
0
0
0
.
0
0
$
6
6
,
0
0
0
.
0
0
$
1
0
,
0
0
0
.
00$10,000.00
3
B
a
s
e
B
i
d
#
3
-
N
e
w
F
i
r
e
D
e
p
a
r
t
m
e
n
t
L
o
c
k
e
r
R
o
o
m
1
L
S
$
3
1
,
0
0
0
.
0
0
$
3
1
,
0
0
0
.
0
0
$
2
1
0
,
0
0
0
.
0
0
$
2
1
0
,
0
0
0
.
0
0
$
8
5
,
0
0
0.00$85,000.00
4
B
a
s
e
B
i
d
#
4
-
A
l
l
o
w
a
n
c
e
#
1
-
R
o
o
f
R
e
p
a
i
r
1
L
S
$
1
5
,
0
0
0
.
0
0
$
1
5
,
0
0
0
.
0
0
$
1
5
,
0
0
0
.
0
0
$
1
5
,
0
0
0
.
0
0
$
1
5
,
0
0
0
.
00$15,000.00
5
B
a
s
e
B
i
d
#
5
-
A
l
l
o
w
a
n
c
e
#
2
-
R
e
c
o
n
d
i
t
i
o
n
i
n
g
E
x
i
s
t
i
ng
S
u
n
B
a
r
1
L
S
$
8
,
0
0
0
.
0
0
$
8
,
0
0
0
.
0
0
$
8
,
0
0
0
.
0
0
$
8
,
0
0
0
.
0
0
$
8
,
0
0
0
.
0
0
$
8
,
000.00
6
B
a
s
e
B
i
d
#
6
-
A
l
l
o
w
a
n
c
e
#
3
-
P
a
i
n
t
i
n
g
R
e
s
t
o
r
e
d
o
n
Su
n
B
a
r
1
L
S
$
1
0
,
0
0
0
.
0
0
$
1
0
,
0
0
0
.
0
0
$
1
0
,
0
0
0
.
0
0
$
1
0
,
0
0
0
.
0
0
$
1
0
,
0
0
0
.
00$10,000.00
To
t
a
l
(
B
a
s
i
s
o
f
A
w
a
r
d
)
**
$
1
4
,
1
2
4
,
5
0
0
.
0
0
$
1
5
,
0
5
2
,
0
0
0
.
0
0
$16,328,000.00
AD
D
A
L
T
E
R
N
A
T
E
S
7
A
d
d
A
l
t
e
r
n
a
t
e
#
1
"
E
x
t
e
n
d
e
d
E
m
e
r
g
e
n
c
y
P
o
w
e
r
t
o
B
u
i
ld
i
n
g
1
A
"
1
L
S
$
8
4
,
1
0
0
.
0
0
$
8
4
,
1
0
0
.
0
0
$
2
2
,
0
0
0
.
0
0
$
2
2
,
0
0
0
.
0
0
$
2
5
,
0
0
0
.
00$25,000.00
8
A
d
d
A
l
t
e
r
n
a
t
e
#
2
"
A
d
d
P
a
r
k
i
n
g
A
r
e
a
t
o
S
e
c
u
r
e
L
o
t
"
1
L
S
$
5
5
9
,
1
0
0
.
0
0
$
5
5
9
,
1
0
0
.
0
0
$
6
6
3
,
0
0
0
.
0
0
$
6
6
3
,
0
0
0
.
0
0
$
3
2
0
,000.00$320,000.00
9
A
d
d
A
l
t
e
r
n
a
t
e
#
3
"
A
d
d
E
x
t
e
r
i
o
r
L
o
u
v
e
r
S
c
r
e
e
n
s
"
1
L
S
$
1
8
5
,
6
0
0
.
0
0
$
1
8
5
,
6
0
0
.
0
0
$
1
2
7
,
0
0
0
.
0
0
$
1
2
7
,
0
0
0
.
0
0
$
1
3
0
,000.00$130,000.00
10
A
d
d
A
l
t
e
r
n
a
t
e
#
4
"
A
d
d
C
a
r
p
o
r
t
s
"
1
L
S
$
3
3
0
,
1
0
0
.
0
0
$
3
3
0
,
1
0
0
.
0
0
$
4
7
0
,
0
0
0
.
0
0
$
4
7
0
,
0
0
0
.
0
0
$
6
3
0
,000.00$630,000.00
**
M
a
t
h
m
a
t
i
c
a
l
s
u
m
m
a
t
i
o
n
e
r
r
o
r
.
Rodan Builders, Inc.Diede Construction, Inc.
Sa
u
s
a
l
C
o
r
p
o
r
a
t
i
o
n
AP
P
A
R
E
N
T
L
O
W
B
I
D
D
E
R
ATTACHMENT 2
RESOLUTION NO. XX- 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE PLANS AND SPECIFICATIONS, WAIVING MINOR BID IRREGULARITY,
AWARDING A CONTRACT TO SAUSAL CORPORATION, AND APPROVING AN
AGREEMENT WITH SWINERTON BUILDERS, DBA SWINERTON MANAGEMENT &
CONSULTING FOR THE PUBLIC SAFETY COMPLEX – POLICE SERVICES BUILDING, CIP
NO. GI0116.
WHEREAS, Staff completed plans and specifications for the Public Safety Complex – Police
Services Building, CIP No. GI0116 (“Project”). The Project includes the demolition of two existing
buildings, renovation of one building, reconstruction of one building, and associated site improvements
including secured parking, guest parking, and an entry plaza to accommodate current and future Dublin
Police Services’ needs; and
WHEREAS, the City of Dublin did, on January 18, 2018, publicly open, examine, and declare all
sealed bids for doing the work described in the approved Plans, Specifications, and Modifications for the
Project, which Plans, Specifications, and Modifications are hereby expressly referred to for a description
of said work and for all particulars relative to the proceedings under the request for bids; and
WHEREAS, Sausal Corporation’s bid contained a minor bid irregularity in that there was a
mathematic error summing the total of the unit bid items, which subsequently lowered the total base bid
price by One Hundred Dollars ($100.00) and the Public Contract Code and the City’s bid documents and
authorize the City to waive any minor bid irregularities, and proceed with the award of the contract; and
WHEREAS, said bids were submitted to the Public Works Director, who has recommended that
the bid hereinafter is the lowest and best bid for doing said work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the plans and specifications for the Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby waive the
minor bid irregularity contained within Sausal Corporation bid, and award a Contract for Project No.
GI0116 Public Safety Complex – Police Services Building, to the lowest responsible bidder, to wit,
Sausal Corporation, for the base bid plus four add alternate items, and a ten percent contingency, at a
bid of $16,811,740.00, the particulars of which bid are on file in the Office of the Public Works Director.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize
the City Manager or his designee to execute the Construction Agreement with Sausal Corporation and to
approve Contract Change Orders based on the appropriated funds designated for the Project up to the
contingency amount of $1,528,340.00.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the
Agreement with Swinerton Builders, dba Swinerton Management & Consulting for construction
management and inspection services for the Project, as attached hereto as Exhibit A to this Resolution,
for the not to exceed amount of $975,000.00.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement with
Swinerton Builders, dba Swinerton Management & Consulting.
ATTACHMENT 2
PASSED, APPROVED AND ADOPTED this 6th day of February, 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 1 of 12
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
SWINERTON BUILDERS
This Agreement is made and entered into between the City of Dublin ("City") and Swinerton Builders dba Swinerton
Management & Consulting (“Consultant”) as of February 6, 2018 (the “Effective Date”). In consideration of their
mutual covenants, the parties hereto agree as follows:
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall
provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the
manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall
end on June 30, 2020, 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 Assignment of Personnel. Consultant shall assign only competent personnel to perform services
pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term
of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately
upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided in
Section 1.1 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Nine Hundred and
Seventy-Five Thousand ($975,000.00) notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the
event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this
Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments
from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is
based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and
benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation
hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 2 of 12
its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions
beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this
Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in
writing, by the City Manager or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under this
Contract
o Hours must be logged in increments of tenths of an hour or quarter hours
o If this Contract covers multiple projects, all hours must also be logged by project
assignment
o A brief description of the work, and each reimbursable expense
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;
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services hereunder,
as well as a separate notice when the total number of hours of work by Consultant and
any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800
hours, which shall include an estimate of the time necessary to complete the work
described in Exhibit A;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services
satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days
from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this
Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by
Consultant in rendering services pursuant to this Agreement. City shall make no payment for any
extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of
compensation provided above either for a task or for the entire Agreement, unless the Agreement
is modified prior to the submission of such an invoice by a properly executed change order or
amendment.
2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the
amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B.
2.5 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed,
Ten Thousand Dollars ($13,400.00). Expenses not listed in Exhibit B are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under this
Agreement that shall not be exceeded.
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 3 of 12
2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement
pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and
reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of
termination. Consultant shall maintain adequate logs and timesheets in order to verify costs
incurred to that date.
2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or
incur any costs whatsoever under the terms of this Agreement until receipt of authorization from
the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and
expense, provide all facilities and equipment that may be necessary to perform the services required by this
Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only
under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably
necessary for Consultant’s use while consulting with City employees and reviewing records and the information in
possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of
City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including
but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction
facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at
its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work hereunder by the
Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance
satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section
throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid.
Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required
insurance shall be submitted and made part of this Agreement prior to execution.
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of
the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional
insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater. The additional insured coverage under the
Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-
insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as
required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid
by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance
policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at
least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse.
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
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 4 of 12
and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION
DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the Labor Code shall be solely in the discretion of the Contract
Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against the City and its officers, officials,
employees, and volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the City. Consultant
shall notify City within 14 days of notification from Consultant’s insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this Agreement in an
amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence,
combined single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or
other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit. Such coverage shall
include but shall not be limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to property resulting
from activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad
as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 Code 1 (“any auto”).
4.2.3 Additional requirements. Each of the following shall be included in the insurance
coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as
additional insureds with respect to each of the following: liability arising out of
activities performed by or on behalf of Consultant, including the insured’s general
supervision of Consultant; products and completed operations of Consultant;
premises owned, occupied, or used by Consultant; and automobiles owned,
leased, or used by the Consultant. The coverage shall contain no special
limitations on the scope of protection afforded to City or its officers, employees,
agents, or volunteers.
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
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 5 of 12
insurance or self-insurance maintained by the City shall be called upon to
contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the policy
shall not affect coverage provided to CITY and its officers, employees, agents,
and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the City. Consultant shall notify City within 14 days of notification
from Consultant’s insurer if such coverage is suspended, voided or reduced in
coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the
period covered by this Agreement professional liability insurance for licensed professionals
performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS
($1,000,000) covering the licensed professionals’ errors and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits, except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has been given to the City.
4.3.3 The following provisions shall apply if the professional liability coverages are written on a
claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of
the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at
least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-
made policy form with a retroactive date that precedes the date of this
Agreement, Consultant must provide extended reporting coverage for a minimum
of five years after completion of the Agreement or the work. The City shall have
the right to exercise, at the Consultant’s sole cost and expense, any extended
reporting provisions of the policy, if the Consultant cancels or does not renew the
coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to
the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with
insurers with a Bests' rating of no less than A:VII.
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 6 of 12
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant
shall furnish City with certificates of insurance and with original endorsements effecting
coverage required herein. The certificates and endorsements for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The City reserves the right to require complete, certified copies of all required insurance
policies and endorsements. Failure to exercise this right shall not constitute a waiver of
right to exercise later.
4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this Agreement including the Indemnification
and Insurance requirements to the extent they apply to the scope of the Subcontractor’s
work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in
the same manner and to the same extent as Consultant is bound to the City under the
Contract Documents. Subcontractor further agrees to include these same provisions with
any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and
Insurance provisions will be furnished to the Subcontractor upon request. The General
Contractor shall require all subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any
work and will provide proof of compliance to the City.
4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements,
upon a determination that the coverages, scope, limits, and forms of such insurance are
either not commercially available, or that the City’s interests are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or
deductibles must be disclosed to the City for approval and shall not reduce the limits of
liability. Policies containing any self-insured retention provision and/or deductibles shall
provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by
either the named insured or the City.
4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied
by a combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a
written contract or agreement) before City’s own insurance or self-insurance shall be
called upon to protect City as a named insured.
4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this
section is reduced, limited, or materially affected in any other manner, Consultant shall
provide written notice to City at Consultant’s earliest possible opportunity and in no case
later than five days after Consultant is notified of the change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or
maintain any insurance policies or policy endorsements to the extent and within the time herein
required, City may, at its sole option exercise any of the following remedies, which are alternatives
to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance
from any sums due under the Agreement;
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 7 of 12
Order Consultant to stop work under this Agreement or withhold any payment that becomes
due to Consultant hereunder, or both stop work and withhold any payment, until Consultant
demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the maximum extent
allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers,
agents and employees against any and all suits, claims or actions arising out of any injury to persons or property,
including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this
Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors
or agents. Consultant further agrees to defend any and all such actions, suits or claims and pay all charges of
attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment
be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at
its expense, satisfy and discharge the same. Consultant’s responsibility for such defense and indemnity obligations
shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense
and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited
by, the insurance obligations contained in this Agreement.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this
Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System
(PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold
harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of
Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on
such contributions, which would otherwise be the responsibility of City.
Consultant/Subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or
completion of this Agreement for the full period of time allowed by law.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an
independent contractor and shall not be an employee of City. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement
and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not
have the right to control the means by which Consultant accomplishes services rendered pursuant
to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or
ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors
providing services under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any and all claims to, any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees Retirement
System (PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority,
express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, express or implied, pursuant to this Agreement to bind City to any
obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 8 of 12
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws
applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal
assistance from another governmental entity, Consultant and any subcontractors shall comply with
all applicable rules and regulations to which City is bound by the terms of such fiscal assistance
program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, any
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall
obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a
person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical
condition, marital status, sex, or sexual orientation, against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for
any services or programs provided by Consultant under this Agreement. Consultant shall comply
with all applicable federal, state, and local laws, policies, rules, and requirements related to equal
opportunity and nondiscrimination in employment, contracting, and the provision of any services
that are the subject of this Agreement, including but not limited to the satisfaction of any positive
obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the
Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in
such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to
the effective date of termination; City, however, may condition payment of such compensation
upon Consultant delivering to City any or all documents, photographs, computer software, video
and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the
City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement
beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment
to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants
such an extension, City shall have no obligation to provide Consultant with compensation beyond
the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 9 of 12
Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable
expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement
contemplates personal performance by Consultant and is based upon a determination of
Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating liability between City and Consultant shall survive the termination of this
Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this
Agreement, City’s remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work
product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by
Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in
Exhibit A that is unfinished at the time of breach and the amount that City would have paid
Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any
other documents or materials, in electronic or any other form, that Consultant prepares or obtains
pursuant to this Agreement and that relate to the matters covered hereunder shall be the property
of the City. Consultant hereby agrees to deliver those documents to the City upon termination of
the Agreement. It is understood and agreed that the documents and other materials, including but
not limited to those described above, prepared pursuant to this Agreement are prepared
specifically for the City and are not necessarily suitable for any future or other use. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports and other
documents are confidential and will not be released to third parties without prior written consent of
both parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of
account, invoices, vouchers, canceled checks, and other records or documents evidencing or
relating to charges for services or expenditures and disbursements charged to the City under this
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 10 of 12
Agreement for a minimum of three (3) years, or for any longer period required by law, from the date
of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement
requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any
time during regular business hours, upon oral or written request of the City. Under California
Government Code Section 8546.7, if the amount of public funds expended under this Agreement
exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part of any audit of the City,
for a period of three (3) years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory
relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to
reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement,
the parties agree that trial of such action shall be vested exclusively in the state courts of California
in the County of Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement
is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in
full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not
void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement
does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall
apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and
other printed material on recycled paper to the extent it is available at equal or less cost than virgin
paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the
corporate limits of City or whose business, regardless of location, would place Consultant in a
“conflict of interest,” as that term is defined in the Political Reform Act, codified at California
Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No
officer or employee of City shall have any financial interest in this Agreement that would violate
California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months,
an employee, agent, appointee, or official of the City. If Consultant was an employee, agent,
appointee, or official of the City in the previous twelve months, Consultant warrants that it did not
participate in any manner in the forming of this Agreement. Consultant understands that, if this
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 11 of 12
Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void
and Consultant will not be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the
City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing,
it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
Principals and those performing work for City of Dublin may be required to submit a California Fair
Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting
potential financial conflicts of interest. For additional information, proposers should refer to the
FPPC website at http://www.fppc.ca.gov/Form700.html.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview
related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract
Administrator"). All correspondence shall be directed to or through the Contract Administrator or
his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Swinerton Management & Consulting
Attn: Jeffrey Gee
260 Townsend Street
San Francisco, CA 94107
Any written notice to City shall be sent to:
The City of Dublin
Attn: Gary Huisingh
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including Exhibits A, B and C, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Consulting Services Agreement between February 6, 2018
City of Dublin and Swinerton Builders Page 12 of 12
IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this
Agreement on the 6th day of February 2018.
CITY OF DUBLIN CONSULTANT
Swinerton Builders dba Swinerton Management & Consulting
____________________________ ______________________________
Christopher L. Foss, City Manager Jeffery S. Gee, Vice President
Attest: 94-1499330
____________________________
Taxpayer Identification Number
____________________________
Caroline Soto, City Clerk
C0053868
____________________________
Corporate Entity Number
Approved as to Form:
____________________________
John Bakker, City Attorney
EXHIBIT A
SCOPE OF SERVICES
General:
This 24,837 SF project includes the re-renovation of a 242 SF portion of the previous tenant improvement
space along with renovating the 16, 620 SF balance of Building 1 with a new public entry addition. Existing
structures known as Building 2, Building 3 and Building 4 will be demolished including removal of their
foundations down to 3-feet below existing grade and below existing building finish floor elevation. A new
7,495 SF Building 2 will be constructed.
The project’s scope also includes site demolition. The site will be backfilled at the removed foundations
and filled to existing grade elevation. Site area renovation includes 2.4 acres of civil, landscape, electrical,
security, structural, mechanical and architectural improvements.
The City has completed the PS&E package, and is currently in the process of advertising the project and
obtaining the final permits necessary to start construction process for the project. The City has set the bid
opening date for the project on January 18, 2018 and anticipate project award at the February 6, 2018 City
Council Meeting. The Contractor would then have 30 Calendar days from Notice of Award to start work.
The following services are required under this contract:
• Assist the City’s Project Manager and Designer during the bid solicitation.
• Bid evaluation
• Construction Management
• Coordination with the City, Contractor, Agencies, and Public
• Project and Public Works Inspection
• Act as the Assistant Inspector of Record
• Assist with the City’s Building Inspector
• Coordinate with City’s contracted Special Inspections, Hazardous Abatement Monitor,
and Commissioning Consultants
• Coordinate third party utilities required for the project.
• Coordinate with the City vendor for FF&E
• Project Documentation with EADOC
• Project closeout documentation
Project Objectives
To complete the project on time and within budget with the least impacts to the public.
Construction Management Team:
Consultant and the City recognize the importance of the need to maintain the Consultant’s key personnel
throughout the entire duration of this Agreement. Consultant shall not make any changes to the assigned
personnel listed below without City written approval:
Construction Manager, Robert Kagiyama, P.E.
Assistant Construction Manager, Maria Zupo
Sr. Inspector, Herald “Bret” Lowther
Alternate Sr. Inspector, Shawn Delaney
Services General
The Scope of Services is intended as a guide to illustrate the minimum project requirements. The
Consultants Construction Management Team will provide professional and technical services to manage
the construction, and inspection, for the Public Safety Complex project under the supervision of the City of
Dublin. The Consultant shall provide all other necessary equipment, vehicle(s), cell phone, tools of the
trade, etc. necessary for the project team to successfully complete the project.
Services During Pre-Construction:
The Construction Manager will assist City Staff in the following;
1. Perform a review of the construction documents issued to the City for review and provide
recommendations regarding feasibility of construction methods, current availability of materials and
labor and time requirements for procurement. Identify materials or services which may have a long
lead time and could impact to the project. Provide written comments to the City for incorporation
into the bid documents by addendum if necessary.
2. Work with the City to develop strategies to generate market interest in the Project.
3. Take the lead in managing the bid process including receiving bidder’s questions, distributing
information to the Owner and their consultant, issuing bid addendums, analyzing bids and
ultimately make a recommendation of award to the City Project Manager. Provide documentation
and substantiation to allow staff to gain Council approval of award.
4. Maintain an electronic project management filing system on the City’s network using the Microsoft
office suite.
5. Work with and provide project specific construction recommendations to the design team. Review
and provide comment on the construction logistics plans produced by the design team.
Services During Construction:
The Construction Manager will represent the City during construction of the project. The Construction
Manager will perform the following specific services:
1. Coordinate the efforts of the engineer, contractor, local agencies, and City to ensure proper
communication and progress of the project. Act as liaison to the City through the City’s Project
Manager.
2. Schedule, direct and supervise the Project Inspector.
3. Coordinate all required testing services and review testing reports and materials testing personnel.
4. Provide on-site coordination to assure that the project meets the Plans and Specifications and
stays on budget and schedule.
5. Review, evaluate, and furnish recommendations to the City regarding contractor’s performance,
construction schedule and any other matters related to compliance with the contract.
6. Provide a daily log of events and activities so as to secure the City’s interests and monitor work
accomplished in accordance with the contract.
7. Review, track and assist in the preparation of responses to Contractor RFI’s.
8. Review, track and assist in the review of Contractor submittals.
9. Review and track certificates of compliance and product submittals for conformance to the project
Special Provisions and/or Caltrans Standard Specifications and Plans.
10. Provide a monthly update outlining project status, schedule, submittals, RFI’s, and change order
issues. Include pertinent photos or supporting documents. The report should include an analysis of
any potential delays and their actual relevance. The report should be suitably formatted to share
with the City Manager’s Office.
11. Review and furnish contract correspondence, minutes of meetings and directives to be issued to
secure the interests of the City.
12. Review and make recommendations regarding payments to contractor including Change Orders,
when applicable, and recommendations regarding any proposed changes. Prepare and provide
cost analysis where necessary to verify change order costs generated by the Contractor are
reasonable and correct in scope.
13. Attend all construction-related site meetings with the City’s representatives, contractors, and other
meetings between related parties as required. Maintain separate notes on such meetings.
14. Verify that the Contractor complies with the requirement of the project’s water pollution control and
staff the project with the required personal and submit necessary documentation to the SMART
system.
15. Assist the Design Consultants Team to ensure compliance with the projects various environmental
requirements and permits
16. Assist with providing any information to the City Departments as required.
17. Monitor contractor’s construction activities to ensure the General Contractor is providing proper
planning and coordination of work crews and of subcontractors for the execution of the project
work.
18. Identify potential claims and make recommendations to resolve them.
19. Upon completion of the project work, provide a punch list review and recommendation of Project
Acceptance.
20. Upon completion of the project work, review all of the Contractor’s final submittals to ensure their
compliance with final project close-out requirements.
21. The construction Contractor shall be responsible for job site safety. Should a safety or hazardous
condition be discovered by the Construction Management Team, it shall be brought to the attention
of the Contractor.
The Project Inspector will represent the City during construction and report to the Construction Manager
and Inspector of Record. The Project Manager will perform the following specific services:
1. Provide on-site inspection to assure that the project is constructed in compliance with the Plans
and Specifications.
2. Perform the duties designated by the City’s Building Department Inspector of Record for the
project.
3. Provide inspectors daily report of events, manpower, and activities so as to secure the City’s
interests and monitor work accomplished in accordance with the contract. Daily progress pictures
shall be incorporated into the report.
4. Take digital photographs and digital video tape recordings of the construction progress on a regular
basis, including pre-construction conditions within the project limits
5. Collect material tags and verify materials on site meet project specifications and project submittals.
6. Issue Weekly Statement of Days Charged.
7. Maintain a redline set of as-built plans and specifications.
8. Track and field-verify quantities of actual improvements installed by the Contractor and maintain a
quantity bid sheet for each bid item of work.
9. Assists the Construction Manager in review and recommendation of progress payments.
10. Track and document Time and Materials work issued to the Contractor.
11. Working with the Construction Manager and other agencies and permit holders to issue a project
punch-list.
Special Inspection:
1. Inspect contractors work for compliance with the contract documents at the direction of the
Construction Manager and or City Representative.
Post-Construction Services:
1. Provide marked up construction record drawings (as-built drawings) for designer completion.
2. Coordinate and prepare final progress payment.
3. Provide final inspection services and project closeout activities including preparation of final
construction project report and other documents required by City Building Department or State
Architects Office for Essential Facilities and resolve all contractor claims if any.
4. Resolution of all contract issues, warranties, bonds, etc.
5. Turn all construction documents over to the City of Dublin.
6. Provide the City with an electronic copy of the project EADOC.
Resources
The City of Dublin will provide office space for the Construction Manager at the Civic Center or at the
Project Construction Trailer which will include the following: desk, computer terminal, desk phone, and
shared printer and copier. The project inspector can use the facilities provided to the Construction
Manager if the Construction Manager would allow, but separate amenities will not be provided for the
inspector.
Additional Services
The City will provide written direction and a budget for any additional service to be performed. Written
authorization must be obtained from the City prior to the Consultant beginning additional services. The City
will not be responsible for additional work that the consultant performs prior to receiving written
authorization.
EXHIBIT B
COMPENSATION SCHEDULE
EXHIBIT C
INSURANCE DOCUMENTS
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
Account Amount Account Amount
Salaries & Benefits $40,000
Contract Svcs $1,346,299
Improvements - Not Bldg $8,980,000
Contingency/Other ($4,441,299)
Equipment/Furniture $575,000
3300.9301.49999 (Transfers In)$6,500,000
GI0116.4401 (4401.9301.89101) - Dublin Crossing Fund - Transfers Out $3,000,000
GI0116.4401 (1001.9301.89101) - General Fund - Transfers Out from Assigned Reserve for Police Bldg $1,962,100
GI0116.4401 (1001.9301.89101) - General Fund - Transfers Out from Committed Reserve for Non-Streets CIPs $1,537,900
2/6/2018
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
REASON FOR BUDGET CHANGE
FISCAL YEAR 2017-18
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
City Council's Approval Required
EXP: Police Services Building
Higher construction bid and additional scope of work.
\\cc-uem\users\carolines\appdata\roaming\iqm2\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\2988