HomeMy WebLinkAboutItem 4.11 FireStn17&18ConSvcs CITY CLERK
File # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 2, 2002
SUBJECT: Consultant Services for Construction Management,
Fire Stations 17 & 18.
Report prepared by: Herma Lichtenstein, Parks & Facilities
Development Manager
ATTACHMENTS: 1. Consultant Services Agreement
2. Resolution
RECOMMENDATION: .,.~ A ~,~ 1. Adopt Resolution approving Agreement and authorize Mayor to
execute same
FINANCIAL STATEMENT: The proposed fee for services under the agreement is $273,545; The
Capital Improvement Program includes $150,174 for Station 17 and
$123,888 for Station 18 for a total of $274,060 for construction
management.
DESCRIPTION: In October of 2001 the City Council authorized BSA Architects to
develop a design and construction documents for the new Dublin Fire Stations 17 & 18. Over the past
year BSA has completed schematic design, design development and has now finished 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 for Station
17 as well as provide oversight on the developer constructed Station 18.
City staff solicited Request for Proposals for construction management in May 2002. Fourteen firms
submitted proposals. Three firms had direct experience in Fire Station construction and met the
requirements of the Request for Proposal and all three were interviewed in June 2002. The firms were
Harris and Associates, Aztec Consultants, and the Zahn Group. Of the three, the Zahn Group provided the
City with the qualifications that were most closely suited to the City's requirements and the project.
Consultant Services Agreement
The proposed Consultant Services Agreement prepared by the City Attorney and approved by the Zahn
Group 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.
SCOPE OF SERVICES
Pre-construction/Bid/Award Phase 7/02-8/02 $ 48,500
Construction Phase 8/02-9/03 $206,005
Post Construction Phase 10/03 $ 13,040
Reimbursable Costs $ 6~000
Total: $273,545
COPIES TO: Pacific Program Management
mo. t, ll
Fire CM contract.doc
A. Services During Pre-Construction: $48,500
Communications
The Zahn Group will coordinate between the City, the Architect/Engineer, contractor(s), and other
consultants to ensure that all parties are kept informed and involved.
Constructibility Reviews
The Zahn Group will perform an in-depth (constmctability) review of the design documents (both station
17 &18) to ensure their completeness, accuracy, and proper coordination between disciplines. The Zahn
Group will assess all documents for clarity, integration of plans and specifications, and absence of
ambiguities. The Zahn Group will then submit a report with the findings of the constructibility review
and recommendations for corrective actions to the City and Architect.
Bid and Award Phase Management
The Zahn Group will market local contractors to increase both bid quantity and competitiveness. During
the bidding phase, The Zahn Group'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
The Zahn Group will hold one pre-bid conference which all bidders, the architect and appropriate City
staff will attend. The pre-bid conference will also include photography of existing site conditions during
the walkthrough.
Bid Opening
The Zahn Group will assist the City in review of bids to determine if the bidders appear to be responsive.
Bid Award
The Zahn Group will assist the City in filing the necessary forms for compliance with required
regulations.
B. Services During Construction: $206,005
Upon commencement of construction, The Zahn Group's construction/project manager will be at the
jobsite on a daily basis. The Zahn Group will provide contract administration as a representative of the
City and will establish and implement coordination procedures between the City, Architect/Engineer, and
contractor.
Coordination for Station 18
For Station 18 it is anticipated that the Developer will have their own construction manager who will
oversee the operations of the contractor. The Zahn Group will be a liaison to the City and provide on-site
review and inspection to assure that the project meets the Plans and Specifications.
In addition, the Zahn Group will; Review, evaluate, and furnish recommendations to the Developer's
Construction Manager and the City's Project Manager regarding contractor's performance, construction
schedule and any other matters related to compliance with the contract. 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. Review and furnish recommendations with respect to contract correspondence, minutes of
meetings and directives to maintain the interests of the City. Review and make recommendations to
Change Orders, when applicable and recommendations regarding any proposed changes. Perform a daily
site visit and log observations or issues to secure the interests of the City. Attend all construction-related
site meetings with the City's representatives, developer, contractors, and other meetings between related
parties as required. Maintain separate notes on such meetings. Assist with providing any information to
the City Departments as required. Upon completion, provide apunch list review and recommendation of
Project Acceptance.
Submittal Procedures
The Zahn Group will establish and implement procedures for submittals, change orders, payment requests
and other necessary documentation.
Weekly Job-site Meetings
The Zahn Group'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
The Zahn Group will coordinate all necessary inspections. All technical inspection reports will be
submitted in a format approved by The Zahn Group 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 The Zahn Group and submit copies of
daily inspection logs to the construction manager.
Construction Observation
The Zahn Group 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. The Zahn Group will make recommendations to the City and the design consultant in
instances where The Zahn Group observes work that, in its opinion, is defective or not in conformance
with contract documents.
Construction Progress Review
The Zahn GroUp 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 in the construction schedule.
Monthly Construction Schedule Updates
The Zahn Group will prepare and distribute monthly construction schedule updates.
Monthly Contractor Payment
The Zahn Group, with City staff and architect, will review and make recommendations to the City
pertaining to monthly payment to each contractor.
Monthly Construction Payment Reports
The Zahn Group 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.
Change Order Processing System
The Zahn Group 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 The Zahn Group's change
order report to the City.
Negotiation of Change Order Costs and Time Extensions
The Zahn Group will advise the City of acceptability of price and time extension prior to the execution of
any change order.
As-Built Schedule and Documents
The Zahn Group will coordinate and expedite functions connected with the contractor's obligation to
provide "as-built" documents. The Zahn Group will review the contractor's as-built documents monthly.
This will be required condition of monthly pay applications submitted by the contractor.
Training Sessions
The Zahn GroUp will coordinate and schedule training sessions for the City maintenance and operational
personnel.
Substantial Completion
The Zahn Group 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
The Zahn Group, with the design consultant, will conduct a final comprehensive review of the project and
provide a report to the City indicating 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 $13,040
Warranties/Bonds and As Built Documents
The Zahn Group 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
The Zahn Group 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
The Zahn Group 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
The Zahn Group will provide timely responses to the contractor, proper project controls, accurate
documentation, and fair and reasonable field administration. The Zahn Group will track correspondence,
requests for information, submittals, change orders, field instructions, and deficiency notices-complete
and accurate project information.
D. Reimbursable Costs $6,000
Recommendation:
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)
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
THE ZAHN GROUP, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
the Zahn Group, Inc. ("Consultant") as of ,2002.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the serwces 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 Ag reement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end upon completion of the Dublin Fire Stations 17 & 18, and Consultant shall
complete the work described in Exhibit A on or prior to that time, 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 ~hall 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
$273,545.00, 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 Exhibits A and i~, 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.
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City of Dublin and the Zahn Group Page 1 of 14
ATTACHMENT 1
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 requ!red hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation he reunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
· Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
· The beginning and ending dates of the billing period;
· A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
· At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
· the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
· The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
· The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for autho rizSd 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 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement Within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. Except for the compensation for services rendered and reimbursable
expenses payable under this Section 2, 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.
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City of Dublin and the Zahn Group Page 2 of 14
SCOPE OF SERVICES
Pre-construction/Bid/Award Phase 7/02-8/02 $ 48,500
Construction Phase 8/02-9/03 $206,005
Post Construction Phase 10/03 $ 13,040
Reimbursable Costs $ 6,000
Total: $273,545
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on Attachment B:
2.6 Reimbursable Expenses, Reimbursable expenses are specified below, and shall not
exceed six thousand dollars ($6000.00). Expenses not listed below are not chargeable to
City. Reimbursable expenses are included in the total amount of compensation provided
under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment'of em ployment taxes
incurred under this Agreement and any similar federal or state taxes. "
2.8 Payment upon Termination, In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT, Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information n 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
'~ncurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
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City of Dublin and the Zahn Group Page 3 of 14
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of the
work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directlyor indirectly by COnsultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the Califomia 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 'n coverage or in limits,
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its o,wn 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,
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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 (ed. 11/88) or 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.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No
endorsement shall be attach ed limiting the coverage.
4.2.3 Additional requirements. Each of Ihe 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 anoccurrence or an accident basis, and not
on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to Contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the
policy shall not affect coverage provided to CITY and its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
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City of Dublin and the Zahn Group Page 5 of 14
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' pdor written notice by certified mail, return reCeipt requested, has been given
to the City.
4.3.3 The policy must contain a cross liability or severability of interest clause.
'4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completionof 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 ~rovide extended reporting coverage for
a minimum of five years after corn pletion 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.
4.4.2 Verification of coveraqe. 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
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by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required 'nsurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope; limits, and fOrms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
Dudng the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required by
this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are altematives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
· Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
· Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
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City of Dublin and the Zahn Group Page 7 of 14
· Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S.RESPONSiBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole
or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage
to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or
violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the
duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to any damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee 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.
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 em ployees, 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.
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City of Dublin and the Zahn Group Page 8 of 14
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another govemmental 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
em ployees, 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, nationa 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.
Consulting Services Agreement between July 2002
City of Dublin and the Zahn Group Page 9 of 14
8.'i Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon fifteen (15) days' written notice to City and
shall include in such notice the reasons for cancellation.
in the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement..
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyOnd the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized.
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
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:
8.8.1 Immediately terminate the Agreement;
8.8.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
Consulting Services Agreement between July 2002
City of Dublin and the Zahn Group Page 10 of 14
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 docu merits and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third, parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any Io_nger 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 ritual
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
Consulting Services Agreement between ... July 2002
City of Dublin and the Zahn Group Page 11 of 14
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 Agreemei~t 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 pdnted 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 Govemment 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 ~n any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et. seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant wil 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.
Consulting Services Agreement between July 2002
City of Dublin and the Zahn Group Page 12 of 14
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 wdtten materials.
10.9 Contract Administration. This Agreement shall be administered by Herma Lichtenstein,
Parks & Facilities Development Manger ("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:
Elyce R. Zahn, President
The Zahn Group, Inc.
625 Market Street, 14th floor
San Francisco, CA 94105
Any written notice to City shall be sent to:
Herma Lichtenstein, Parks & Facilities Development Manger
City of Dublin
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A and B, represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
CITY OF DUBLIN CONSULTANT
Janet Lockhart, Mayor Elyce R. Zahn, President
The 7ahn Group, Inc.
Attest:
[NAME], City Clerk
Approved as to Form:
[NAME],. City Attorney
Consulting Services Agreement between July 2002
City of Dublin and the Zahn Group Page 13 of 14
EXHIBIT A
SCOPE OF SERVICES
SCOPE OF SERVICES
Pre-construction/Bid/Award Phase 7/02-8/02 $ 48,500
Construction Phase 8/02-9/03 $206,005
Post Construction Phase 10/03 $ 13,040
Reimbursable Costs $ 6~000
Total: $273,545
Pre-Construction Phase (assume 2 concurrent months for each project) $ 40,000
-- Prepare one constructability review of plans and specs for each project
-- Make recommendations which may be incorporated into plans and specs for project
-- Develop a preliminary plan and schedule for construction and compare to Architect's schedule
-- Analyze one or two cost estimates provided by Architect
-- One back-check constructability review for each project
-- Value engineering
Bidding Phase (assume 1 month each project) $ 6,000
-- Coordinate architects, contractors, professionals and other consultants
-- Review bids, schedule, and materials breakdowns submitted by bidders
-- Participate in conferences and render advice to Owner
Construction Phase (assumes 12 months for Station 17 and 10 months for Station 18) $206,005
-- Attend site meetings and prepare meeting minutes for distribution; liaison with City Manager (or
City Representative) weekly
-- Coordinate the efforts of the Architect and Contractor, and provide liaison to the City
-- Analyze recommendations from Contractor, Architect, and/or other Professionals who could
improve the Project or diminish construction time and/or costs
-- Review, evaluate, and furnish recommendations regarding Contractor's performance
-- Perform periodic inspections of Project as deemed necessary to verify: 1) materials and labor
being furnished are according to plans and specifications; 2) work being billed for each payment
requested is completed in accordance with the plans and specifications; 3) Contractor time
schedule is being maintained, as shown on attachment to the Construction Contract; and 4) costs
are in line with the Owner's budget
-- Assist with calling for inspections
-- Review submittals from Contractor and advise Owner
-- Analyze recommendations from Contractor, Architect, and/or other Professionals who could
improve the Project or diminish construction time and/or costs
-- Track all preliminary lien notices
-- Track all necessary conditional and unconditional liens
-- Review all change orders requested by Contractor and advise Owner
-- Review and make recommendations on all Pay Requests pursuant to Contract
- Identify possible payment defaults on part of Contractor, Subcontractors and/or Material Suppliers
-- Provide monthly accounting and Project Status Reports
Consulting Services Agreement between July 2002
City of Dublin and the Zahn Group--Exhibit A Page 1 of 2
Close-Out (assume 1 month per project) $13,040
-- Coordinate and assist Architect in punchlist preparation and scheduling the completion of all
corrective work and advise Owner
-- Prepare cloSe-out report.
-- Coordinate and assemble all warranties and guarantees as required by Contract Documents and
submit to Owner
-- Coordinate contractor preparation of record drawings.
-- Consolidate all project files and documents for submittal to City
Additional Services (not covered by this contract)
-- Develop, assemble, and submit documentation rec~uired to support the Owner's position in the
resolution of Contractor's claims, if necessary
-- Other activities as requested by Owner
-- Development of front end specifications
Reimbursable Expenses $ 6,000
- Long distance telephone calls
-- Messenger and delivery services
-- Travel outside of Alameda County
Consulting Services Agreement between July 2002
City of Dublin and the Zahn Group--Exhibit A Page 2 of 2
EXHIBIT B
COMPENSATION SCHEDULE
Position Hourly Rate
Principal-In-Charge $150.00
Project Director $145.00
Senior Construction Manager $135.00
Senior Constructability Reviewer $125.00
Construction Manager $105,00
IConstructability Reviewer $95.00
Project Coordinator $65.00
Administrative Assistant $50.00
Consulting Services Agreement between July 2002
City of Dublin and the Zahn Group--Exhibit B Page 1 of 1
RESOLUTION NO. - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH THE ZAHN GROUP
FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE
DUBLIN FIRE STATION PROJECTS #17 AND #18
WHEREAS, the City of Dublin has approved the design and construction of two new Fire
Stations #17 & #18; and
WHEREAS, the Construction Documents for the Fire Stations #17 & #18 are complete; and
WHEREAS, the City has solicited requests for proposals for construction management services
Fire Stations #17 & #18; and
WHEREAS, the City has received fourteen proposals for construction managements services; and
WHEREAS, Staff has short listed and imerviewed three qualified firms; and
WHEREAS, the Zahn Group has demonstrated they have adequate ability to perform said
construction management services; and
WHEREAS, consultant is available to perform work as specified by the Request for Proposal; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
approve the agreement with the above mentioned firm.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreements.
PASSED,'APPROVED AND ADOPTED this 2aa day of July, 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
K2/G/7 -2-02/reso-zalmgroup.doc (Item 4.11 )
G:~2002 Reso's\SYNOPSIS & reso. Dan Lopez.doc
ATTACHMENT 2