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HomeMy WebLinkAboutItem 4.12 LibraryConstructSvcsCITY CLERK FILE # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 21, 2000 SUBJECT: Consultant Services for Construction Management, Civic Center Library. Report prepared by: Herma Lichtenstein, Parks Development Manager & Facilities ATTACHMENTS: RECOMMENDATION:/~X~ 1. Consultant Services Agreement 2. Budget Change Request 1. Approve Agreement and authorize Mayor to execute same 2~' Approve Budget Change · FINANCIAL STATEMENT: The .proposed fee for services under the agreement is $439,235; clerical support to be provided by City is $81,691. The total cost for construction management for the project is $520,926. The Capital Improvement Program includes $351,401 for construction management. Additional fimding for $169,525 is needed. In order to execute the agreement and proceed with hiring clerical support, a budget change for $69,966 for FY 2000-2001 is needed. The balance will be included in the Fiscal Year 2001-2002 budget. DESCRIPTION: In August of 1999 the City Council authorized BSA Architects to develop a design and construction documents for the new Dublin Library. Over the past year BSA has completed schematic design, design development and is now nearing completion on the construction documents. As part of the construction process the City had budgeted for a Construction Management Consultant to do pre-bid reviews, day to day construction management and project close out. City staff solicited Request for Proposals for construction management in September 2000. Four firms submitted proposal and all four were interviewed in October. The firms were Critical Solutions, Inc., Harris and Associates, Pacific Program Management, and Richard Sampson Associates. Of the four Pacific Program Management (Pacific) provided the City with the qualifications that were most closely suited to the City's requirements and the project. Consultant Services A~reement The proposed Consultant Services Agreement prepared by the City Attorney and approved by Pacific is shown in Attachment A. A summary of the scope of work under the Agreement, by phase, as well as the proposed fee and schedule is shown below. CMcontnov00 COPIES TO: Pacific Program Management ITEM NO. SCOPE OF SERVICES Pre-construction/Bid/Award Phase 11/00- 4/00 Construction Phase 5/01 - 11/00 Post Construction Phase 12/02 Reimbursable Costs Total: $ 71,140 $345,230 $ 9,865 $ 13,000 $439,235 A. Services During Pre-Construction: $71,140 Communications Pacific will coordinate between the City and user groups; Architect/Engineer, contractor(s), and other consultants to ensure that all parties are kept informed and involved. Constructibility Reviews Pacific will perform an in-depth review of the design documents as they are developed to help ensure their completeness, accuracy, and proper coordination between disciplines. Pacific will assess all documents for clarity, integration of plans and specifications, and absence of ambiguities. Pacific will then submit a report with the findings of the constructibility review and recommendations for corrective actions to the City and Architect. Construction Planning and Pre-Purchasing During the construction document phase, Pacific will identify long lead items, which the City or the Contractor may want to purchase. Bid and Award Phase Management Pacific will market local contractors to increase both bid quantity and competitiveness. During the bidding phase, Pacific's construction project manager will be directly responsible for the coordination of addenda, answering contractor questions and general oversight of the process. Pre-Bid Conference Pacific will hold one pre-bid conference which all bidders, the architect and appropriate City staff will attend. The pre-bid conference will also include a video of existing site conditions during the walkthrough. Bid Opening Pacific will review bids to determine if the bidders appear to be responsive. Bid Award Pacific will assist the City in filing the necessary forms for compliance with necessary regulations. B. Services During Construction: $345,230 Upon commencement of construction, Pacific's construction/project, manager will be at the jobsite full time. Pacific will provide contract administration as an agent and representative of the City and will establish and implement coordination procedures between the City, Architect/Engineer, and contractor. Submittal Procedures Pacific will establish and implement procedures for submittals, change orders, payment requests and other necessary documentation. Weekly Job-site Meetings Pacific's construction/project manager will conduct weekly job-site progress meetings with the contractor, the City, the design consultant, and all other appropriate parties. Coordination of Technical Inspection and Testing Pacific will coordinate all necessary inspections. All technical inspection reports will be submitted in a format approved by Pacific on a daily basis. The City will provide City inspection staff for Building and Civil Inspections. These inspections will include code compliance and permit sign off inspections. The inspectors will report directly to Pacific and submit copies of daily inspection logs to the construction manager. Construction Observation Pacific will observe the progress of the work and advise the City of any deviations, defects or deficiencies in the work including reasonable diligence to discover work that is not in compliance with the contract documents. Pacific will make recommendations to the City and the design consultant in instances where Pacific observes work that, in its opinion, is defective or not in conformance with contract documents. Construction Progress Review Pacific will review construction progress with the contractor(s), observe completed work and contim that on site materials are properly stored on a monthly basis, and evaluate the percentage complete of each construction activity as indicated in the construction schedule. Monthly Construction Schedule Updates Pacific will prepare and distribute monthly construction schedule updates. Monthly Contractor Payment Pacific, with City staff and architect, will review and make recommendations to the City pertaining to monthly payment to each contractor. Monthly Construction Payment Reports Pacific will prepare and distribute monthly construction payment reports. This payment report will reflect the total construction contract percent complete, contractor's payment to date, current payment requested, percent retained, and actual amounts owed for the current period. Chan~e Order Processing System Pacific will establish and implement a change order processing system. All requests for proposals and change orders will be tracked in a log, which will be the basis for Pacific's chang~ order report to the City. Negotiation of Change Order Costs and Time Extensions Pacific will advise the City of acceptability of price and time extension prior to the execution of any change order. As-Built Schedule and Documents Pacific will coordinate and expedite functions connected with the contractor's obligation to provide "as- built" documents. Pacific will review the contractor's as-built documents monthly: This will be required condition of monthly pay applications submitted by the contractor. Training Sessions Pacific will coordinate and schedule training sessions for the City and County maintenance and operational personnel. Substantial Completion Pacific in conjunction with the design consultant will make a determination of the remaining work necessary for "substantial completion", and notify the contractor of any deficiencies. Final Completion Pacific, with the design consultant, will conduct a final comprehensive review of the project and provide a report to the City indi. cating whether the work performed is acceptable under the contract documents and the relevant project data and whether the contractor should receive final payment. C. Services Post-Construction $9,865 Warranties/Bonds and As Built Documents Pacific will ensure that all required warranties, maintenance bonds, operation maintenance manuals, and as-built documents are submitted prior to the contractor's final payment. These documents will be turned over to the City at the projects completion. Close-out Report Pacific will prepare final project accounting and closeout reports of all report systems. These reportS will summarize, for historical purposes, any items that are not self-explanatory procedures developed by the City. Move-In Coordination Pacific will assist the City in preparing requests for proposals, soliciting quotes, conducting pre-moving conferences and administer the contact for moving activities for the project. Claims Management Pacific will provide timely responses to the Contractor, proper project controls, accurate documentation, and fair and reasonable field administration. Pacific will .track correspondence, requests for information, submittals, change orders, field instructions, and deficiency notices-complete and accurate project information. Clerical SuODort In addition, the proposal from Pacific included full time clerical support for the duration of construction for the cost of $134,064. In reviewing the proposal it was determined that the City could provide the clerical support for a cost of $81,691. This cost includes $5,000 in supply ~osts such as a computer, desk, telephone, etc. This could be accomplished by hiring an Office Assistant 1 for the duration of the project as a limited term employee. Recommendation: In order to proceed with the scope of work under the agreement and to provide clerical support, additional fimding in the amount of $169,525 is needed. A budget change for $69,966 for Fiscal Year 2000-2001 is necessary: the balance of $95,809 will be included in the Fiscal Year 2001-2002 Budget. It is the recommendation of Staff that the City Council take the following action: 1) Approve the Consultant Services Agreement in the final form attached and authorize the Mayor to execute same (Attachment 1 ) 2) Approve the Budget Change Form (Attachment 2) AGREEMENT BETWEEN CITY OF DUBLIN AND PACIFIC PRGRAM MANAGEMENT FOR CONSULTANT SERVICES Dublin Civic Center Library THIS AGREEMENT is made at Dublin, California, as of ,2000, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and Pacific Program Management, ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. CONTRACT ADMINISTRATION. This Agreement shall be administered by the City's Parks and Community Services Director ("Administrator"). All correspondence shall be directed to or through the Administrator or his or her designee. 7. 'NOTICES. Any written notice to Consultant shall be sent to: Brad Aronson, Principal Pacific Program Management 2950 Buskirk Ave, Suite 225 . Walnut Creek, CA 94596 Any written notice to City shall be sent to: Herma. Lichtenstein, Parks & Facilities Development Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 ATTACHMENT H. 12-- u Executed as of the day first above stated: CITY OF DUBLIN, a municipal corporation By "City" Attest: City Clerk By "Consultant" Approved as to form: City Attorney EXHIBIT A SCOPE OF SERVICE A. Services During Pre-Construction: Communications Pacific will coordinate between the City and user groups; Architect/Engineer, contractor(s), and other consultants to ensure that all parties are kept informed and involved. Constructibility Reviews Pacific will perform an in-depth review of the design documents as they are developed to help ensure their completeness, accuracy, and proper coordination between disciplines. Paci~c's review will include, but is not limited to the following to ensure that the project can be completed in accordance with the contract specifications, schedule and contract price: · Whether the work sequence is reasonable; · Whether the details of construction are effective; · Whether the documents for the various trade contracts and period of performance are properly coordinated; · Whether the lead time for material and equipment procurement is adequate; · How reasonably for seeable job-site conditions may affect performance of the project work; · Whether access, work areas and disposal sites are adequate. Pacific will assess all documents for clarity, integration of plans and specifications, and absence of ambiguities. Pacific will then submit a report with the findings of the constructibility review and recommendations for corrective actions to the City and Architect. Construction Planning and Pre-Purchasing During the construction document phase, Pacific will identify long lead items, which the City or the Contractor may want to purchase. Recommendations' will be made in writing and submitted at the first construction document review. Pacific will work with the City to plan the logistics of construction including: jobsite facilities, site security, construction traffic access, contractor staging lay-down areas, sequencing, etc. Bid and Award Phase Management Pacific will market local contractors to increase both bid quantity and competitiveness. During the bidding phase, Pacific's construction project manager will be directly responsible for the coordination of addenda, answering contractor questions and general oversight of the process. Pacific will directly contact contractors from Paci~c's database and by advertising in trade journals, builder's exchanges and local newspapers. Pre-Bid Conference Pacific will hold one pre-bid conference which all bidders, the architect and appropriate City staff will attend. The conference will provide the prospective bidders with necessary information such as site conditions/requirements, schedule requirements, administrative requirements, and other special conditions. At the pre-bid conference Pacific will videotape existing site conditions and participants during the walkthrough. Bid Opening Pacific will review bids to determine if the bidders appear to be responsive. Once an apparent low bidder is identified, Pacific will review the bidder's documents in detail. Pacific will coordinate review of the responsibility and responsiveness of the low bidder and handling of any bid protests, request to withdraw, etc with the City Attomey's office. Qualifications, acceptability of insurance carriers, etc. will be reviewed for acceptability and conformance. Once the low bidder is determined, Pacific will make its recommendation for award to the City. Bid Award Pacific will assist the City in filing the necessary forms for compliance with regulations and coordinate review with the City Attomey's office. applicable laws and Pre-construction/Bid/Award Phase 11/00- 4/00 Rate Hours Principal $105.00 40 $ 4,200 Project Dir. $100.00 120 $ 12,000. CM $ 95.00 300 $ 28,500 Plan Review $ 92.00 260 $ 23,920 Clerical $ 42.00 60 $ 2,520 Subtotal $ 71,140 B. Services During Construction: Upon commencement of construction, Paci~c's construction/project manager will be at the jobsite full time. Pacific will provide contract administration as an agent and representative of the City, establish and implement coordination procedures between the City, Architect/Engineer, contractor, inspectors, City Attorney' s office and others as necessary to ensure that the project .can be completed in accordance with the contract specifications, schedule and contract price. Submittal Procedures Pacific will establish and implement procedures for submittals, change orders, payment requests and other necessary documentation. Such procedures shall be reviewed with and approved by the City prior to commencement of work. As the City's representative at the jobsite, Pacific will be the party through which change orders, payment requests, submittals, and information will be processed from contractor to the City and/or design consultant, and from the design consultant and/or the City to the contractor. Weekly Jobsite Meetings Paci~c's construction/project manager will conduct weeklyjobsite progress meetings with the contractor(s), and will Conduct an overall coordination meeting with dll contractors, and will record, transcribe and distribute minutes of these meetings to all attendees, the City, the design consultant, and all other appropriate parties. Coordination of Technical Inspection and Testing Pacific will coordinate all necessary inspections.. All technical inspection reports will be submitted in a format approved by Pacific on a daily basis. The City will provide City inspection staff for Building and Civil Inspections. These inspections will include code compliance and permit sign off inspections. The inspectors will report directly to Pacific and submit copies of daily inspection logs to the construction manager. Construction Observation Pacific will observe the progress of the work and advise the City as soon as possible of any deviations, defects or deficiencies in the work. Pacific shall use reasonable diligence to discover work that is not in compliance with the contract documents. Pacific will make recommendations to the City and the design consultant in instances where Pacific observes work that, in its opinion, is defective or not in conformance with contract documents. Exercise of Contract Prerogatives Pacific will advise in a timely manner and make recommendations to the City for exercising its contract prerogatives, such as giving the contractor(s) notice to accelerate the work if schedule goals are in jeopardy due to contractor failings, withholding paymere for cause, and other prerogatives that may need to be asserted in an effort to achieve contract compliance. Construction Progress Review Pacific will review construction progress with the contractor(s), observe completed work and confirm that on site materials are properly stored on a monthly basis, and evaluate the percentage complete of each construction activity as indicated irathe construction schedule. This data will be input into Pacific's monthly update report, which will be distributed to the contractor, the City, the design consultant and other appropriate parties. This report will reflect the contractor's contractual progress, will be the basis for the monthly progress payment to the contractor, and will indicate to the City when notices to the contractor of work acceleration and exercising the City's prerogatives are appropriate. Monthly Construction Schedule Updates Pacific will prepare and distribute monthly construction schedule updates. After an evaluation of actual construction progress as observed by Pacific, project schedule activities will be assigned percentage- complete values in conjunction with the contractor. The report will reflect actual progress as compared to schedule progress noting variances (if any). This report will also be the basis for determining implementation of the City' s contractual prerogatives with the contractor concerning progress of the project, and requests for a recovery schedule from the contractor when/if required. Monthly Contractor Payment Pacific, with City staff and architect, will review and make recommendations to the City pertaining to monthly payment to each contractor. This activity will be an integral part of the monthly construction schedule updates. However, if it should later be found that the contractor has failed to comply with the provisions of its contract with the City in any way or detail, subsequent compliance will be the sole responsibility of the contractor. By issuing a certificate of payment and by processing applications for payment, Pacific shall not be deemed to represent that it has made any examination to ascertain how and what purpose the contractor has used the previous moneys paid on account of the construction contract SUlTI. Monthly Construction Payment Reports Pacific will prepare and distribute monthly construction payment reports that will be an integral part of the monthly construction schedule report. This payment report will reflect the total construction contract percent complete, contractor's payment to date, current payment requested, percent retained, and actual amounts owed for the current period. The final portion of this report will be a certificate of payment, which will be signed off on by Pacific, design consultant and contractor, and transmitted to the City for use in the City's internal accounting system and payment to the contractor. Change Order Processing System Pacific will establish and implement a change order processing system. All requests for proposals will first be set forth in a letter by the design consultant outlining the change in detail and accompanied by technical drawings and specifications, if necessary. The request for proposal and~ a detailed breakdown of cost and time extension will be prepared by the contractor and returned to Pacific for evaluation. Pacific will make recommendations to the City prior to the execution of any change orders. All requests for proposals and change orders will be tracked in a log, which will be the basis for Pacific's change order report to the City. Evaluation of Change Order Proposal Cost Pacific will evaluate the contractor's proposal cost and will make a formal recommendation to the City regarding acceptance of the proposal. In the event of major scope changes during the construction phase, Pacific will prepare estimates of them in cost model format. Negotiation of Change Order Costs and Time Extensions Pacific will assist in the negotiation of change order costs and time extensions when appropriate. Pacific will advise the City of acceptability of price and time extension prior to the execution of any change order. Equipment Instruction Manuals Pacific will gather all written material such as operations and maintenance manuals and warranties and guarantees of all. equipment installed in the project. After Pacific's review and approval, these items will then be turned over to the City just prior to the contractor's training of the City' s maintenance staff. As-Built Schedule and Documents Pacific will coordinate and expedite functions connected with the contractor's obligation to provide "as- built" documents. Pacific will review the contractor's as-built documents monthly. Pacific will review and approve contractors as built documents prior to processing of monthly pay applications submitted by the contractor. The as-built will be developed during the course of construction. Pacific will detail the day-to-day activities of the contractor(s) by area, trade, etc. and "build" the project on paper the way it is constructed in the field. Training Sessions Pacific will coordinate and schedule training sessions for the City and County maintenance and operational personnel and will assure that the contractor' s obligation in providing this training is fulfilled. Substantial Completion Pacific in conjunction with the design consultant will make a determination of the remaining work necessary for "substantial completion", and in cooperation with the City and City Attorney's office notify the contractor of any deficiencies. When incomplete work or defective work has been remedied, Pacific will advise the City of acceptability of substantial completion so the City issue a letter of substantial completion. Final Completion Pacific, in conjunction with the design consultant and in cooperation with the City and City Attomey's office will at the conclusion of any corrective actions conduct a final comprehensive review of the project, make a report to the City which will indicate whether Pacific and the design consultant find the work performed acceptable under the contract documents and the relevant project data and whether the contractor should receive final payment. Construction Phase 5/01 - 11/02 Rate Hours Principal $105.00 38 $ 3,990 Project Dir. $100.00 380 $ 38,000 CM $ 95.00 3192 $ 303,240 Subtotal $ 345,230 C. Services Post-Construction Warranties/Bonds and As Built Documents Pacific will' ensure that all required warranties, maintenance bonds, operation maintenance manuals, and as-built documents are submitted prior to the contractor's final payment. These documents will be turned over to the City at the projects completion. Close-out Report Pacific will prepare final project accounting and closeout reports of all report systems. These reports will summarize, for historical purposes, any items that are not self-explanatory. Such final accotmting and close out reports include but are not limited to the final pay estimate. Occupancy Permit Pacific will assist the City in obtaining the occupancy permit. Move-In Coordination Pacific will assist the City in preparing requests for proposals, soliciting quotes, conducting pre-moving conferences and administer the contact for moving activities for the project. Pacific will provide on-site personnel to oversee the relocation of all furniture, equipment, and other articles by the movers while actual move-in is in progress. Claims Management Pacific will provide timely responses to the contractor, proper project controls, accurate documentation, and fair and reasonable field administration. Pacific will track correspondence, requests for information, submittals, change orders, field instructions, and deficiency notices, complete and accurate project information to help ward of claims. Pacific will monitor and report in a timely manner to the City or City Attomey's office concerning all claims of either the contractor or the City, including but not limited to applicable notice of claim and claim response deadlines. In the event unresolved claims of the contractor or others exist after project acceptance pacific will make available the construction manager and other staff as needed to assist in the processing response and disposition of such claims. Pacific's staff time extended in such claims assistance shall be at the rates specified for extra services in exhibit "B". Post Construction Phase 12/02 Rate Hours CM $95.00 95 $ 9,025 Clerical $42.00 20 $ 840 Subtotal · $ 9,865 Reimbursables Pre Construction Construction (approx. 500/month) Total Reimbursables $ 3,000 $ 10,000 $ 13,000 EXItlBIT B PAYMENT SCHEDULE C, CITY shall pay CONSULTANT an amount not to exceed the total sum of $439,235 (four hundred thirty nine thousand two hundred and thirty five dollars) for services to be performed pursuant to this agreement. CONSULTANT shall submit invoices; not more often than once per month, based upon the work completed on each task identified in EXHIBIT A "Scope of Work". The parties understand that such amount does not include post project acceptance claims processing services that may be provided pursuant to exhibit "A". The corresponding not to exceed fee for tasks numbered 1, 2, and 3 shall be as follows: Task 1 - Pre construction Bid Award $ 71,140 ..... Task 2 - COnstruction $Z 345,230 Task 3 - Post Construction $ 9,865__~ Reimbursable Costs $13,000 TOTAL FIXED FEE $ 439,235 Task 4 "Extra Services" including post project acceptance claims processing serviceS, are to be billed on a time and material basis using the hourly rates shown below. HOURJ. Y RATES: Principal - $105.00 Project Dir.- $100.00 Construction Manager- $95.00 Plan Review - $92.00 Clerical - $42.00 The total sum stated in Section A above, shall be the total, which the CITY shall pay for the services to be rendered by CONSULTANT pursuant to this Agreement excluding extra services. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONSULTANT in rendering services pursuant to this Agreement other than extra services. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in a written Change Order executed by the City Manager, or other designated official of the CITY, authorized to obligate CITY thereto. Said Change Order shall be executed prior to the time such extra service is rendered and in no event shall such change order exceed twenty-five percent (25%) of the initial Contrac~ price stated in Section A. In the event the Change Order exceeds this limitation, City Council approval shall be required. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONSULTANT for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. CONSULTANT shall maintain adequate logs and timesheets in order to verify costs incurred to date. The CONSULTANT is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed copy of this Agreement. EXHIBIT C City shall fumish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of fumishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to famish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. A. Allowable reimburasable expenses The Consultant will be reimbursed for expenses at cost. plus 10%. The items allowable for reimbursement are as follows: Items supplied by the consultant; 2. 3. 4. 5. 6. 7. 8. Cost of printing and distributing Cost of transportation/mileage. Cost of postage, UPS, Federal Express, etc. Cost of project signs. Cost of progress photos. Cost of ongoing and final clean-up, as necessary. Cost of other items as required, with prior approval from Owner. Cost of office supplies. Items supplied by the City; 1 Cost of telephone, copy machine, and other fumishing and equipment for job site as approved by the Owner in advance. (Provided by City) 2 Cost of temporary facilities. (Provided by City) Clerical Support The City will provide clerical support to Pacific for the duration of the construction period. The duties of the clerical staff shall include but are not limited to; answering phones, preparing reports, preparing meeting minutes, updating spread sheets, copying, and faxing materials. EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONSULTANT. 'At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of City. City shall have the fight to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the fight to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. 3. TIME. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or Subconsultants. The cost of such insurance shall be included in the Consultant's bid. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 2. InsuranCe Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. (b) Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form ,with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (c). Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. (d) Other Insurance Provisions. The policies are to' contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations the scope of the protection afforded to the City, its officers, officials, employees and volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. / d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employees Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. 3. Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by. the City to adequately protect the Consultant against liability caused by negligent acts, errors or omismons on the part of the Consultant in the course of performance of the services specified in this Agreement. 4. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, retum receipt requested, has been given to the City. (e) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (f) Verification of Coverage. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. (g) Subconsultants. Consultant shall include all .Subconsultants as insured under its policies or shall furnish separate certificates and endorsements for each Subconsultant. All coverages for Subconsultants shall be subject to all of the requirements stated herein. (h) The Risk Manager of City may approve a variation in those insurance requirements upon a determination that the coverages, scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have' no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.. 8. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to' this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's profession. 9. "HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any Subconsultant, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of any Subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement. Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or Subconsultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. Consultants shall comply with all laws and regulations that apply to consultant's performance of this agreement and that apply to the performance of the project. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, mapS, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of the City upon completion of the work to be performed hereunder or upon termination of the Agreement. CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # New Appropriations (City Council Approval Required): __X__ From Unappropriated Reserves From New Revenues DECREASE BUI)GET ACCOUNT Name: A~-~IOUNT Budget Transfers: From Budgeted Contingent Reserve (1080-799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other INCREASE BUDGET ACCOUNT AMOUNT Name: Construction Adminisn'ation $52,413 Account #: Account #: 001-96450-740-081 Name: Name: Salaries - Full Time $12,553 Account #: Account #: 001-96450-701-001 Name: Name: Equipment - ISF $2,800 Account #: Account #: 001-96450-750-073 Name: Name: Furniture - Expendable $2,200 Account #: Account #: 001-96450-750-061 Name: Name: Account #: Account #: Name: Name: Account #: Account #: REASON FOR BUDGET CHANGE ENTRY: In order to award the contract for construction management services for the Civic Center Library the above adjustments are needed to offset the shortfall. City Manager: Date: Signature Mayor: Date: Signature Posted By: formslbudgchng Signature Date: