Rialto City Council
February 14, 2023

Professional Services Agreement

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF RIALTO AND
HARRIS & ASSOCIATES, INC.

THIS SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 26th day of April, 2022, by and between the City of Rialto, a municipal corporation and California general law city (“City”), and Harris & Associates, Inc., a California corporation, (“Consultant”). City and Consultant are sometimes individually referred to as “Party” or collectively as “Parties”.

RECITALS
A. City has sought, by Request for Proposals No. 22-035, the performance of professional services related to Capital Project Program Management and Related Services, as defined and described particularly in Article 1 of this Agreement.

B. Following the submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, Consultant was selected by the City to perform those services.

C. Pursuant to Chapter 2.48 of the Rialto Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Consultant for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those professional services associated with Capital Project Program Management and Related Services, and as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereun der. As a material inducement for City to enter into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, comp etent, and professional manner, it meets all local, state, and federal requirements in performing the services, and it is experienced in performing the work and services contemplated herein. Consultant shall DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

at all times faithfully, competently, and to th e best of its ability, experience, and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of goo d quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more professional firms performing similar work under similar circumstances.

1.2 Consultant’s Proposal.

The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals No. 22-035; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”) . The Contract Documents and Accepted Proposal shall be incorporated herein by this reference as though fully set forth herein. In the event of any inc onsistency between the Scope of Services, Consultant’s Proposal, and/or this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state, or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Licenses, Permits, Fees, and Assessments.

Consultant shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City, its officers, employee s or agents of City, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. If Consultant discovers any latent or unknown conditions that will materially affect the performance of the services hereunder, then Consultant shall immediately inform the City of such fact DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

and shall not proceed except at City’s risk until written instructions are receive d from the Contract Officer.

1.6 Care of Work.

Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Prevailing Wages.

Consultant is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rate s and the performance of other requirements on “Public Works” and “Maintenance” projects. It is the understanding of City and Consultant that the Prevailing Wage Laws may not apply to this Agreement because the Agreement does not involve any services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder. However, Consultant shall defend, indemnify, and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

1.8 Further Responsibilities of Parties.

Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the service of the other.

1.9 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work or change may be undertaken unless a written order is first given by the Contract Officer to the Consultant, describing in detail the extra work or change and the reason(s) therefor and incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work or change, and/or (ii) the time to perform this Agreement, which said adjustments shall be reflected in an amendment to the Agreement subject to the written approval of the Parties. Any amendment to this Agreement shall be reviewed and approved by the City Manager. In accordance with Rialto Municipal Code section

2.48.180, i ncreases in compensation of this Agreement may be approved by the City Manager provided: (a) the initial Contract Sum was less than One Hundred Thousand Dollars ($100,000) and the amended Contract Sum when considering any or all DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

amendments will not exceed One Hundred Thousand Dollars ($100,000); or (b) the agreement was approved by th e City Council and the increases in compensation taken either separately or cumulatively do not exceed One Hundred Thousand Dollars ($100,000). Any greater increases, taken either separately or cumulatively must be approved by the City Council. Payment for additional services rendered by Consultant under this Agreement requires the submission of the actual costs of Consultant’s performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.

No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures established in this Section are followed.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum.

City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement is subject to fluctuation due to factors controlling the pace of development within the City of Ria lto beyond City’s control; and no guarantee of the volume of on-call professional services required of Consultant under the terms of this Agreement is made by the City. The annual level of on-call professional services required by this Agreement is unknow n, and may significantly increase or decrease from year to year. In acknowledgement of the unknown volume of on-call professional s ervices required hereunder, City and Consultant hereby acknowledge and agree that there shall be no specific “Maximum Contract Sum.” In acknowledgement of the unknown volume of on-call professional s ervices required hereunder, City and Consultant hereby acknowledge and agree that the “Maximum Contract Sum” will be limited to the budget established by the City Council and the total collective sum of individual Purchase Orders issued to Consultant pursuant to and during the term of this Agreement. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensa tion" attached hereto as Exhibit "B" and incorporated herein by this reference.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum; or (iv) such other methods as may be specified in the Schedule of Compensation.

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2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses app roved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub -contractor contracts.

Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges a nd agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for corre ction and resubmission.

2.5 No Waiver.

Review and payment by City to Consultant of any invoice for work performed by Consultant pursuant to this Agreement shall not be deemed a waiver of any defects in work performed by Consultant or of any rights or remedies provided herein or any applicable law.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

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3.2 Schedule of Performance.

Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in each “Schedule of Performance” per project assignment and incorporated herein by this reference. When requested by the Consultant, extens ions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fir es, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall, within ten (10) days of the commencement of such delay, n otify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Section

1.9. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

The term of this Agreement shall commence on April 12, 2022 . Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect until June 30, 202 3. At the sole discretion of the City, upon written notice to Consultant, the term of this Agreement may be extended for two additional one -year terms.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Ehab Gerges, PE Principal-in-Charge
(Name) (Title)

Mark Nassar, PE Program Manager
(Name) (Title)

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It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsibl e during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive d irection and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services requ ired under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon a Reassign Notice from City of such desire of City, reassign such persons or persons.

4.2 Status of Consultant.

Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred und er this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care, or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Co nsultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be the City Manager or other such person designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informe d of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer.

Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharg e, supervision or control of Consultant’s employees, servants, DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

representatives, or agents, or in fixing their number, compensation, or hours of service.

Consultant shall perform all services required herein as an independent contractor of City and shall r emain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability, and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the pre sent ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:
(a) Comprehensive Genera l Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall be in an amount n ot less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Consultant and the City against any loss, claim, or damage arising from any injuries or occupational diseases occurring to an y worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.

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(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non -owned, leased, and hired cars.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5 - year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as additional insureds, and any insurance maintained by City or its officers, employees, or agents shall apply in excess of, and not contribute with, Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self -insured retention, any additional insured may satisfy the self -insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of all required insurance policies at any time.

Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

appointed officers, officials, employees or volunteers. 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.

Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in a ny way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.

In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification.

To the full ext ent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with th e negligent performance of the work, operations, or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), arising from Con sultant’s reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.

Notwithstanding the foregoing, to the extent that the Consultant’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8. In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault.

5.4 Sufficiency of Insurer or Surety.

Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City , the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager Consultant.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books a nd records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services.

Any and all such documents shall be maintained in accordance with generally accepted DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcr ipts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’ s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the perform ance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of t his Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or a ssignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

6.4 Confidentiality and Release of Information.
(a) All information gained or work produ ct produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

disclose any such information or work product to p ersons or entities other than City without prior written authorization from the Contract Officer. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless request ed by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify City should Con sultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, Eastern Division.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the perio d DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

of time that Consultant is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, b y reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of an y provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies sha ll not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal act ion, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compe nsation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actual ly produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.

7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or empl oyee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent o r subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial inter est of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any mone y or other consideration for obtaining this Agreement.

Additionally, pursuant to Rialto Municipal Code section 2.48.145, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City b y blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personally and on behalf of Consultant, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, gender identity, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, sexual orientation, gender, gender identity, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Co nsultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City.

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Facilities and Equipment.

Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), 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, quality, and time of furnishi ng of City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to computer, long distance telephone, network data, intern et, or other communication charges, vehicles, and reproduction facilities.

9.2 Payment of Taxes.

Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal and state taxes.

9.3 Notices.

All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e -mails, text messages, instant messages are not acceptable manners of notice required hereunder.

Notices or other communications shall be addressed as follows:

If to City: City of Rialto
150 S. Palm Ave.

Rialto, CA 92376
Attn: City Manager
Tel: (909) 820-2525
Fax: (909) 820-2527

With copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Attn: Eric S. Vail, City Attorney
Tel: (951) 788-0100
Fax: (951) 788-5785

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

If to Consultant: Harris & Associates, Inc.
800 North Haven Avenue, Suite 390
Ontario, CA 91764
800-827-4901
Attn: Mark Nassar; [email protected]
Either Party may change its address by notifying the other Party of the change of address in writing.

9.4 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.5 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.6 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreemen t and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.7 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Professional Services Agreement

IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement on the date first written above.

CITY: CONSULTANT:

CITY OF RIALTO, a municipal
corporation
HARRIS & ASSOCIATES, a California
corporation

By: By:

Marcus Fuller Steve Winchester
City Manager Chief Executive Officer

ATTEST:

By: By:

Barbara A. McGee Michelle White
City Clerk Chief Operating Officer

APPROVED AS TO FORM:

Burke, Williams & Sorensen, LLP

By: **Two signatures are required if a
corporation** Eric S. Vail
City Attorney

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36

A-1
EXHIBIT “A“

SCOPE OF SERVICES

Consultant shall provide Project Management and Project Control (PM/PC) services to support the management of key phases of projects in the City’s Capital Program and administer various Programming and Programs activities under the direction of the City of Rialto. T he professional disciplines furnished by Consultant will vary according to the specific requirements of each particular project as requested by the City.

Therefore, Consultant must have the capability to provide the full range of services associated with project development, project delivery management, and project control Specifically, Consultant shall provide those services as outlined in its proposal dated January 7, 2022, included on the following pages.

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Harris & Associates, Inc. A. Understanding the Required Scope of Work  10 ii. Identify and discuss “key” or “critical” aspects of the potential services delivered as identified in this RFP , based on prior experiences. Identify methodologies for managing delivery of the services, modes of communication, how the work tasks will be controlled, how the work assignments will be tracked and how project status will be reported. iii. Provide a detailed Scope of Work identifying how all of the services will be provided and deliverables completed. The detailed technical scope of work outline must be identical to the outline of tasks and sub-tasks identified in the Cost Proposal. This is to ensure that the final agreed contract has a scope of work and payment schedule which correlate to one another.

Approach and Scope of Work
This section addresses both Task A.ii and A.iii from the Proposal Evaluation Criteria.

Harris’ Project/Program Manager, Mark Nassar, will oversee and coordinate all services provided to the City and will act as the City’s single point of contact on matters related to overall approach, service, program, and project performance. Mark has acted in the capacity of Deputy Director over City of San Diego Engineering & Capital Projects Department’s Project & Program Management, Architectural Engineering & Parks Design, and Construction Management & Field Engineering Services Divisions that processed an annual CIP of over $700 million. He has the background and competencies to multi- task and coordinate the numerous separate but interdependent activities and phases within Rialto’s multiple asset CIPs.

The first 90 days are critical to the long-term program success.

Mark will lead the start-up effort to define systems and processes, achieve team alignment, establish program controls, transparent reporting, and a functioning accountability structure.

FIRST 90 DAYS
During the kick-off meeting, Harris will align around the City’s vision, mission, challenges, dynamics, critical areas of focus, and expected outcomes—this will enable Harris to present to the City a plan that strategically mobilizes a team to the most critical items while engaging and updating all of the required stakeholders.

The first 90 days are critical to the long-term program success.

Program Manager Mark Nassar will lead the start-up effort to define systems and processes, achieve team alignment, establish program controls, and transparent reporting and accountability.

The initial program kick-off will outline the efforts that will be undertaken in the first 90 days which include:
• Objectives and priorities of the key CIP programs
• Key stakeholders and information needs per program
• The 5-Year CIP Outlook approach and key milestones
• Available vs desired project control systems, info and data update/reporting processes
• Validate scope, schedule, budget, and priorities for projects identified in the CIP
Goals:

Respond rapidly to City task order
requests and provide expertise
aligned with project goals
How:

Maintain clear lines of communication
for the task order assignment
process
Employ proven task order delivery
processes and procedures for your
projects
Contract Management—All Task Orders Task Order Management— Individual Task Orders
Goals:

Promote transparency and
accountability
in managing contract
Partner to manage and staff multiple
task orders.

How:

Implement a contract
communication plan to understand
the needs of the City and how Harris
can assist
Utilize robust contract management
and reporting technology tools
DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Harris & Associates, Inc. A. Understanding the Required Scope of Work  11 TASK 1. OVERALL PROJECT MANAGEMENT
The City has a diverse portfolio of projects in its CIP all of which serve and impact the same communities. Program
Management is more than just administering a list of projects, it is the administration of the interconnectivity between projects, the network they belong to, their operators, and users.

Harris understands that the City has an aggressive CIP program that must continue to meet its obligations even during the Engineering Division’s transition into the new Community Development Department and accommodating the retirement of several of its key staff. Besides having the administrative resources necessary, Harris has command of the project
development process and can quickly interpret the requests and respond. Harris’ administrative support team would work closely with the Program Manager and Project Control team so that the project control and document control systems are leveraged.

Tracking Harris Costs
Harris uses Deltek Vantagepoint, a globally recognized
project-centric business management software, to record time and expenses charged to its projects, monitor project budget performance, and provide its Program and Project Managers with real-time project performance data. Using Vantagepoint’s monthly analysis tools and reports, Mark and other Harris Project Managers can readily analyze each of Harris’ task/ project including the individuals who charged each task/project, the value of the effort charged against the task/project, and the remaining budgets available. These monthly summaries, detailing the labor, expense, and subconsultant charges for each billing period, form the basis of preparing accurate monthly invoices.

In addition, Vantagepoint allows Mark and other Harris Project Managers to plan and proactively track schedule versus budget to respond to potential delays, resource issues, or other possible problems. Mark will use this tool to monitor each Harris project/task order and track Harris’ expended efforts on the City’s individual CIP projects budgets, which allows costs to be realized and reimbursable within each individual CIP project.

Decision Logs. Given the length and complexity of a 5-Year CIP, maintaining a detailed account of important decisions made is vital to the programs’ and projects’ benefits. To meet this demand, the Program Manager will maintain a decision log (or decision logs on critical individual projects) to track key decisions made. The decision logs will contain a description of the decision, the date it was made, as well as the reasoning and objective behind the decision taken.

Stretch the City’s funding.

Keep community informed.
• Program Management Plan
• Program Controls
• Communication Plan
• Projects Prioritizing
• Staff Training
• Coordination with Outside
Stakeholders
Minimize construction change orders.

Deliver projects on time and on budget.
• Proactive Engagement with Project
Stakeholders
• Community Outreach
• Coordination with California Regional
Water Quality Control Board
• Quality Assurance/Quality Control
• Identify Utilities
• Pavement Rehabilitation
• Alternatives Analysis
• Project Controls
• Biddability/Constructability Reviews
• Value Engineering
Program
Success!+ =
Program Management Project Management
Benefit to the City
How Harris will
achieve this for you
←
←
TASK 1 DELIVERABLES:
• Program Vision/Mission Statement
• CIP Stakeholder List & Communication Plan
• City CIP QAQC Manual
• Administrative Support Documents
– Staff Reports
– Project Information
– Presentations & Reports
– Meetings Documents
– Project Cost Allocations
DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Harris & Associates, Inc. A. Understanding the Required Scope of Work  12 TASK 2. PROGRAMMING AND PROJECT CONTROLS
Initial Discovery Phase
The project controls, project management, and financial management team will commence this task by evaluating
available project and program information and needs. This effort will establish, for each active and proposed project, the goals, scope, requirements/expectations, commitments, planned budget, and schedule. This phase will include a capture of the current projects’ funding status and schedule outlook. The deliverable will be a projects and programs database that will be the foundation of the Project Control System and the 5-Year Capital Improvement Plan – both necessary foundations to the optimal administration of the City’s current and forecasted projects.

The Available Information Discovery Phase and 5-Year
Capital Improvement Plan efforts will run simultaneously.

Task 2A. Programming
Harris has put together a Financial Management Team to
provide support and guidance on matters related to CIP-wide fund administration as well as the project-level financial needs outlined in Task 1 such as accounts receivable and invoice payments. Harris has extensive knowledge and
experience with federal and state grant programs, grant agency personnel, funding opportunities, requirements, and application processes. We have assisted public agencies to win grant awards in the areas of transportation, water, stormwater, housing, disaster recovery and hazard mitigation, engineering, and other critical infrastructure projects.

Harris excels at pre-positioning agencies to win grant funds and this approach is critical to securing federal and state infrastructure grant programs. The federal investments in infrastructure, transportation, housing, water, and economic development and recovery programs provide billions of dollars for critically needed projects and it will be competitive to apply and secure funds. To prepare and pre-position, Harris works with City staff to identify and prioritize grant-eligible projects and Harris’ design and project managers lend their technical expertise to further develop projects if needed, ensuring they are “grant ready” to meet the requirements and timing of funding programs. and deliverables. Harris’ professional engineers and project managers provide technical oversight to verify proposed projects are technically feasible and serve their purpose to the community. Harris confirms all implementation, cost sharing, and grant requirements are met. Harris’ assistance extends after the application process. Our client support continues with providing oversight while applications are under review, assisting with funder-issued Requests for Information, and coordinating grant reports, reimbursements, and project closeout. We also assist our clients with project presentations to granting agencies.

Recently, Harris worked with the Economic Development
Administration (EDA) and the City of Long Beach to develop and submit a grant application for the improvement of multiple storm drains and pump station sites to improve resilience to citywide flooding. As a liaison between the two agencies, the Harris team engaged staff to make certain all grant program criteria were met, the proposed project would achieve mutual goals and outcomes, environmental impact reports and engineering reports were completed according to the EDA’s standards, and the application was submitted ahead of the deadline. Harris also provides ongoing grant support to Calaveras County, City of Duarte, City of Bellflower, City of Watsonville, and the San Gabriel Valley Regional Housing Trust to identify innovative funding solutions for a variety of complex projects.

The Harris team has also secured grants for our clients through multiple funding agencies and programs, including the following:

Federal
US Bureau of Reclamation (BOR)
US Environmental Protection Agency (USEPA)
US Department of Commerce’s Economic Development
Administration (EDA)
Federal Emergency Management Agency (FEMA)
US Department of the Interior’s Bureau of Land Management (BLM)
National Fish and Wildlife Foundation (NFWF)
California
Office of Emergency Services (Cal OES)
Department of Transportation (Caltrans)
Department of Housing and Community Development (HCD)
State Water Resources Control Board (SWRCB)
Department of Water Resources (DWR)
Natural Resources Agency
Department of Health Care Services (DHCS)
California Air Resources Control Board (CARB)
Within the past three years, we have secured over $42
million in funding for 20 agencies throughout California for capital projects.

Mark has led several 5-Year Capital Improvement
Plan outlooks at the City of San Diego from needs
assessment, project prioritization, financial
programming, and consensus building, to presentation
and publication.

Harris provides a comprehensive approach to securing
funding by conducting funding needs analysis, grant
funding research, grant proposal development, and reports.

Harris’ winning approach includes expertise in identifying funding opportunities, building relationships with agency program managers, adhering to the application process,
and developing application materials that are customized to the grant application requirements, including project descriptions, scopes of work, project justifications, outcomes, DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Harris & Associates, Inc. A. Understanding the Required Scope of Work  13 Projects Prioritization. Mark will work with the City’s staff and stakeholders to establish project prioritization criteria that accounts for factors that include the following:
• Criticality of project to health/safety, operation/service, economic benefit, sustainability, etc.
• Resource and funding availability and need
• Sequencing of projects so construction impacts are not prolonged in any one geographical area
• Coordination with other construction projects within the community to minimize disruptions to traffic and impacts to the community
• Identifying project-specific constraints and allowing enough lead time in the schedule to achieve a resolution
During the Initial Discovery Phase, Harris will work with City staff to evaluate the City’s business process tools, and information technology requirements to effectively manage the program information. This effort will be led by our Project Controls Lead, Nathan Couch. The graphic on the following page summarizes our integrated approach, starting with the establishment of program procedures, which provides a solid foundation of team collaboration, lending to transparency of the program status and a program portal metrics.

Finally, an effective and transparent reporting structure allows information sharing to support decision-making and reporting, helping to sustain program stakeholder endorsements.

Dashboards. Power BI is a business analytics tool that lets us easily connect to various data sources (like Excel and SQL), visualize (or discover) what’s important, and share the information with the appropriate team members and stakeholders. With Power BI, we can connect to hundreds of data sources and bring project data to life with live dashboards and reports.

Master Schedule. All CIP project schedules will be consolidated into a master schedule with identified milestones and labor hour requirements to determine staffing levels for all projects. The staffing levels are broken down by specific personnel and by discipline.

Maintaining the master schedule is important in determining whether the tasks/projects are on schedule and within budget. This process includes identification of updated time and cost estimates for each project and accurately reporting the progress of each. This information is updated and communicated to the City on a monthly basis and is reflected in the overall master schedule. Variances from the projects’ schedules and budgets may be encountered during the course of any project. These variances could be the result of coordination issues with utility agencies, obtaining permits or approvals from regulatory agencies, or resolving unforeseen issues during the design process.

Variance information is maintained and updated in the master schedule. Appropriate corrective action plans are put in place to address any variances, placing the tasks/projects back on schedule and flagging shortfalls in staffing resources.

Example of Cash Flow Projections from 2018–2030 for Valley Sanitary District.

Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 CIP Project 1 363,671$
Soft Cost 55% 128,718 $ ##
Procurement -$
Construction 234,953 $ ##
CIP Project 2 2,398,019$
Soft Cost 9% 198,019 $ ##
Procurement -$
Construction 2,200,000$ ##
CIP Project 3 4,786,972$
Soft Cost 26% -$ ##
Procurement -$
Construction 4,786,972$ ##
Project 4 6,031,585$
Soft Cost 26% 1,244,613$ ##
Procurement -$
Construction 4,786,972$ ##
($3,132,696) ($5, 302,933) ($8,760,491)
128,718$ 2,918,682$ 5,319,762$ 10,142,702$ 11,809,976$ 6,518,482$ (1,221,538)$ (683,982)$ 752,250$ 1,057,310$ (223,469)$ (5,164,509)$ 221,119$ 2,675,834$ 5,108,213$ 4,672,808$ ($879,906) ($8,868,513) ($8,587, 894) ($7,417,234) ($4,572,014) 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 2029-20302018-2019 2019-2020 2020-2021 2021-2022 2022-2023 2023-2024 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 7,366,355$ 6,733,252$ 5,324,264$ 4,190,007$ 5,079,464$ 3,595,982$ 128,718$ 242,848$ 211,549$ 5,469,894$ 12,689,883$ 15,386,995$ 7,646,975$ 7,903,912$ 8,169,484$ 5,629,324$ 2,909,227$ 138,424$ 349,836$ 2,697,563$ 2,643,928$ 5,034,489$ 7,137,168$ 7,398,388$ 7,366,355$ 6,733,252$ 5,324,264$ 4,190,007$ 5,079,464$ 3,595,982$ 128,718$ 242,848$ 211,549$ 5,469,894$ 12,689,883$ 15,386,995$ Total CF
Revenue
Revenue (w/ Carryo Over)
Unspent $ for Carry Over
Adjusted Revenue
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
$18,000,000
123456789 1 0 1 1 1 2
Cash Flow
Annual CF Revenue
Example Cash Flow Projections
TASK 2A DELIVERABLES:
• List of Project Funding Shortfalls/Needs • Funding/Grant Application Plan • Grant Applications Task 2B. Project Controls
Harris has its own Project Management Office (PMO) that provides Project Management/Project Control (PM/PC) functions which monitor the progress and performance of all of its clients’ projects. It is based on the Project Management Institute’s global standard best management practices application of its Project Management Principles. Harris’ PMO Team will tailor our Project/Program Management and Project Controls unit and functions to support the initiation, monitoring, control and reporting of the City’s capital improvements projects and programs under the direction of the City. We will maintain the Master Projects List/Database and prepare and distribute the CIP Dashboard and the monthly Active CIP Projects Status Reports.

In addition, Harris’ project controls philosophy is to develop a project plan with well-defined processes that are clearly communicated, be disciplined about following the processes, and hold responsible parties accountable for the results. If we do not achieve the results we needed, we then examine the process to see where the breakdown occurred and adjust. For example, was the process unclear? Were we not disciplined in following it? Did we not hold others accountable? DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Harris & Associates, Inc. A. Understanding the Required Scope of Work  14 Contract Management and Reporting. In addition to using Vantagepoint Dashboards to track Harris’ tasks/projects, we will also work with the City to discover an appropriate means and method to analyze and report out useful program and project information. Overall project and task order dashboards track actual, estimate to complete, and estimate at completion expenditures/effort to assist Mark with identifying areas where task modifications are required early enough in advance.

Reporting Progress with the City. Transparency and clarity are key features in any successful team’s process; traditional project reporting, even using a simple Word document, can bring Harris’ team and the City team into a common alignment that allows everyone to be informed and comfortable with progress and status.

Harris will establish and maintain monthly a public-facing CIP Dashboard that will provide listing of active and planned projects along with their status and forecasted implementation schedule.

Internally, Harris will provide the City with a monthly Active CIP Projects Status Report containing schedule, financials and progress notations. Both of these reports will be based off of a Master Projects List/Database that will contain all of the project scope details and delivery requirements/constraints.

TASK 3 – PROJECT DEVELOPMENT & MANAGEMENT
Quality Assurance/Quality Control (QA/QC) Program
The Harris approach to quality includes focused collaboration amongst our seasoned team members across our various service lines to deliver a well-vetted deliverable to our clients and partners. As an organization, we have developed a culture where all employee-owners are aware of and committed to quality in our processes and deliverables. Each member of the proposed Harris team will embody this “quality-oriented” mindset during the delivery of our services and your projects.

Harris employs a “Harris Way to Quality” QA/QC Manual that reflects our commitment to delivering high-quality products and services. The QA portion of the manual details the process Report i n g
City
Council
Proce s s
Program
Team
Tools
Experts
Collabora t i o n
Stake-
holder
Team

TRANSPARENCY

ACCOUNTABILITY
• Business Process
• Reporting Requirements
• Program Schedule
• Document Control
• Risk Management
• Procurement Guidelines
• City So/f_tware
• Cost Controls
• Document Management
• Risk Matrix
• Decision Logs
• Information Access
• Communications
• Team
• Forecasting and Trends
• Performance
• Status
Newforma
Document
Management
Newforma
Program
Portal
City
Reports
Cost Controls
Document
Retrieval
One-Team
Approach
Risk Matrix/
Decision Log
Reporting
Requirements
2 3
4 5
6 1
Business
Strategy
Procurement
Guidelines
Program
Schedule
Document
Control
Risk
Management
City Council
Committee Briefings
Dashboards
KPMs
City So/f_tware
Systems
Integrated Approach to Program Management
TASK 2B DELIVERABLES:
• Individual Projects’ Cost-Loaded Schedules
• Project Control System
• Projects & Programs Master Projects List/Database
• Dashboard
• 5-Year CIP Outlook
– List of Programs/Drivers/Objectives
– Project Prioritization Strategy/Criteria
– Stakeholders Communication Plan
– Ranked Project List
– Program Cash Flow
– 5-Year CIP Report
– 5-Year CIP Presentation (PowerPoint)
– Presentations to Management/Council
– Process and Procedures Summary
DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Harris & Associates, Inc. A. Understanding the Required Scope of Work  15 of reducing potential errors or non-compliant deliverables. Our QA philosophy speaks to the technical components, contractual requirements, and engineering solutions as appropriate. The QC portion of the manual provides the measurements for performing detailed reviews and checking of all aspects of the Project work by qualified, designated team members. Randall Berry will serve as QA/QC Manager(s) on the Engineering Design Services contract, performing project reviews, documenting these reviews, and providing technical input and guidance at agreed-to milestones to add value to the delivery process as well as reduce errors. We have the philosophy that QA/QC is a continuous process from conceptual design to final Plans, Specifications, and Estimates (PS&E) on all design projects.

When several disciplines are involved in a project, combining design with construction management projects, the QA/QC Manager may also seek review assistance from other individuals specializing in those disciplines to verify that all project concepts are being met and all constructability issues are addressed prior to finalization of the plans and specifications.

Harris’ QA/QC Manager will be responsible for the program’s QA/QC process. Project deliverable reviews will conform to our formal QA/QC program, and use forms, checklists, procedures, and minimum standards for all work. The QA/QC manager will review the project design parameters, including assumptions and technical methods against project design guidelines and exceptions listed in the Basis of Design Report to verify that minimum design standards are met. All plan revision comments from internal QA/QC reviews, the City, and other agencies will be scanned and returned to each respective agency with a response to individual comments to reduce review time by City staff.

The importance of QA/QC comes from the understanding that it is the key foundation for ensuring project scopes are delivered completely, on schedule and within budget.

Document Control
Harris utilizes Newforma as our project document control platform. Newforma is a robust project management and
document controls system that serves as a repository of all project documents. The City and its vendors do not
need to own the Newforma software to access documents.

Newforma’s benefits include:
• One centralized, secure location for all records, shared internally and remotely on one application.
• Standardization of project files.
• Automated reporting of current project data.
• Project data integrity maintained through user controls such as access levels and modification rights.
• Ability to capture documents and conversations through the internal user application (Project Center), web-based external user page (Info Exchange), and through phone/iPad-based field applications.
• Files too large to e-mail can be sent via Info Exchange to all required parties and maintained within Newforma’s servers throughout the project duration.
• Ability to track review times of submittals, RFIs,
This example is Valley Sanitary District’s CIP Dashboard that was developed by Harris and is available to the public at https://www.valley-sanitary.org/projects/pages/collection-system-rehabilitation-program.

Example CIP Dashboard
DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Harris & Associates, Inc. A. Understanding the Required Scope of Work  16 correspondence, contract change orders, and submittal
drawings, easily visible as a dashboard output for all to see, thus encouraging accountability.
• Creation of status reports for these documents to share at progress meetings.

Newforma Streamlines Caltrans LAPM Requirements.

Newforma Project Center (NPC) creates a more productive environment for teams by organizing project information, facilitating information exchange with external team members, and enabling more efficient contract and construction
management processes. NPC integrates information from
multiple sources, enabling more efficient search, review, transfer, and management of project information. This program helps our team streamline the documentation required by the LAPM and deliver project files that are compliant and complete.

Risk Registers
For complex projects, it is imperative that contingency plans be prepared that account for probabilities of encountering unforeseen changes in scope, cost and schedule. It is not enough to simply bump schedules and budgets by arbitrary percentages, rather it is more prudent to identify likely risks, analyze their potential impact on budget and schedule, and craft project responses should they be encountered. For sizeable and critical projects, Harris PMs and CMs engage key stakeholders and employ risk registers ahead of construction start, managing and reporting on it as the project develops.

Value Engineering
As needed, Harris will conduct a formal value engineering review process involving multiple workshops, moderated by Certified Value Specialist Gino Colacchia, CPE, CVS, to evaluate alternatives for various design elements that reduce project costs and minimize conflicts. Costs of suggested value engineering components will be computed to arrive at a recommended set of design refinements that is cost-effective and optimal while meeting the project need, purpose, budget, and schedule.

TASK 4 – ON CALL SERVICES
The Harris Project Management Program’s (HPMP)
Approach to Project Management
The goal of the HPMP is to enhance the probability of
consistent, successful project delivery for both our clients and for the benefit of our communities. Using globally recognized best practices from the Project Management Institute (PMI), the HPMP provides standard operating procedures, tools, and techniques in the professional discipline of project management across three major facets:
• Technical Project Management
• Strategic and Business Management
• Leadership
This diagram explains how
Harris approaches project
management for our clients
and projects. By employing
industry standard practices
and adding our own
standards on top of that, we
are able to deliver consistent
quality results for our clients.

One of the most important features of the HPMP is a
focus on quality, which is a reflection of professionalism, competence, and sound judgment in program
management and serving clients. The success of the
City’s program delivery will require these hallmark
features of the HPMP to select the right project
manager(s), technical lead(s), quality control manager, and principal-in-charge. Harris has a culture of high
expectations for project managers, and surrounds
those project managers with tools and team members
to strengthen their abilities and improve projects’ and clients’ chances of success.

TASK 3 DELIVERABLES:
• Preliminary Engineering Report Standard Template
• Project Management Plans
• Design & CM Consultant RFPs
• Large/Complex Projects Risk Register & Contingency Plan • Project Progress Reports
• Project Closeout/Lessons Learned
DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Harris & Associates, Inc. A. Understanding the Required Scope of Work  17 Work Plan Process and Methodology
Our Big Picture Recipe for Successfully Implementing
Engineering Design Services. We will lay out a road map for each project. It is one of the most critical steps in the planning phase; Harris firmly believes that communicating early and often is another essential ingredient for our recipe of successfully executed civil engineering design services.

After collaborating with the City regarding a specific Project (via task order issuance), Mark Nassar will select the appropriate Task Order Project Manager from our team and delineate
resources to develop a comprehensive Scope of Work. Mark will use a robust project tracking process to elevate our team’s ability to provide timely and transparent status updates to City staff.

The City-provided Project Schedule can have a significant impact on planning for staffing roles, responsibilities, and time commitments. We identify project milestones and estimate labor hour requirements for each phase, task, and subtask (as necessary) to determine staffing arrangements to complete the work in accordance with the Project Schedule. The Resource Plans are broken down by specific personnel and by discipline, to determine overall project needs.

Mark will secure these staffing commitments from those hand- picked to support the City’s task orders. We will combine this with our weekly project planning, monitoring, and reporting procedures such as our Time Phased Backlog and Three-Month Look Ahead Schedule to make sure that each task order has been assigned adequate resources to meet the Project Schedule.

The bottom line is that Harris is confident we can provide the City with experienced, qualified, and knowledgeable teams to meet the needs of your projects and exceed your expectations.

Our Tactical Approach to Providing Civil Engineering
Design Services (Task Orders). Below is an outline of the key opportunities and of vital steps Harris will take for any given task order:

Civil Engineering Design Services (Task Orders)

1. Brainstorming with the City and identification of
objectives and the “end game”

2. Development of Project Description and Scope of Work

3. Development of detailed Work Breakdown Structure

4. Development of Project Schedule and Order of
Magnitude Opinion of Probable Cost

5. Performance and production of topographic survey

6. Preliminary investigation and research
a. As-built and record drawing collections
b. Utility coordination and outreach
c. Field reviews and data gatherings
d. Base mapping
e. Geotechnical investigation and reporting

7. Preliminary Engineering Report

8. Identification of right-of-way clearances and issues, potential property acquisitions (if any)
Civil Engineering Design Services (Task Orders)

9. Identification of permits (if any)

10. Environmental permitting and compliance obligations (CEQA)

11. 60% to 100% design deliverable(s)
a. Develop and refine design drawings
b. Develop front-end documents
c. Develop technical specifications
d. Develop Engineer’s Opinion of Probable
Construction Cost (EOPCC)

12. Develop an Outreach Communication Plan (public,
community, utilities, and other stakeholders)

13. Application and submission of environmental
document(s) and permits

14. Complete Final Construction Contract Documents
(issued for bid)

15. Bid Phase Services
a. Pre-bidding conference, agenda, and meeting
minutes
b. Addenda (RFIs and responses)
c. Bid review, analysis, and recommendations (may
include Staff Report support)

16. Engineering Services During Construction
a. Pre-construction conference, agenda, and meeting
minutes
b. RFIs and responses
c. Submittals
d. Progress pay estimates and payments
e. Change order support
f. Record drawings
g. Contract closeout
Although there is a “method” to civil engineering design services, we also want to fully consider the uniqueness of each of the City’s projects and recognize that a one-size-fits-all approach is not always the best, including the value we place on innovation, creativity, and having a true heart for problem solving. For these reasons, we certainly want to demonstrate our thorough understanding of the “Big Picture Recipe,” while also balancing and navigating challenges that we address with very specific and individualized solutions.

Communication Plan
Community Outreach. A public outreach plan will be crafted to include a communications and outreach plan for key
stakeholders and the project users. Coordination workshops will be held throughout planning and design stages of the project as needed to discuss project impacts/mitigation.

We will utilize various tools, such as personalized mailers targeted at specific property owners, project bulletin boards, and social media, to proactively notify and engage the
community.

Stakeholder Coordination and Communication. The City
has an active citizen base and projects are typically highly visible and impactful. Residents want to be involved in making DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Harris & Associates, Inc. A. Understanding the Required Scope of Work  18 a difference in the places where they live. Your projects’ success relies on our ability to bring together the diverse needs of many, including City staff and council, neighborhoods, workers, businesses, visitors, and a variety of stakeholders. Our approach to engagement will go beyond communicating “just the facts”— we will partner with City resources to help all stakeholders understand the role they play in the project.

Harris’ established communication process will allow us to be predictive in our approach, which is essential on such a highly visible program. Internalizing good communication strategies as part of the project culture will keep stakeholders engaged, project teams motivated, and help the City develop early solutions to minimize risk.

Your projects involve a large number of stakeholders including but not limited to those listed below. The Harris team will act as a conduit of information between project stakeholders. We will balance technical and funding constraints with community expectations to find the “sweet spot” that will make the City’s projects successful.

Mark and our team understand the level of clarity and detail required from each of the different stakeholders and will tailor our approach to their unique concerns. Gaining the trust of each stakeholder and maintaining regular contact with them allows us to identify and respond to potential challenges and conflicts in a proactive manner.

Key Agencies/Stakeholders:
• Union Pacific Railroad
(UPRR)
• Permitting and regulatory
agencies
• Utility owners
• Regional Water Quality
Control Board (RWQCB)
• Caltrans District 8
• Federal Emergency
Management Agency
(FEMA)
• Rialto Water Services
• City of San Bernardino
(joint CIP projects)
• Community groups
Community Stakeholders:
• Rialto Unified School
District
• Altus Academy
• Kristina Dana Hendrickson
Cultural Center
• Carter Branch Library
• Rialto Branch Library
• Rialto Farmer’s Market
• Tom Sawyer Swimming
Pool
• Rialto Fitness Center &
Aquatic Center
• Rialto Rotary Club
• Grace Vargas Senior Center
• Rialto Community Players
• Rialto Historical Society
• Rialto Bicycle Club
• City parks
• Residents
• Businesses
• Country clubs
• Golf clubs
Technical
Constraints
FundingCommunity
Expectations

SWEET SPOT
TASK 4 DELIVERABLES:
• Plans & Specifications
• Technical Studies
• Environmental Documents
• Grant Applications
• Project Progress Reports
TASK 5 – CONSTRUCTION MANAGEMENT
Extensive Experience Providing On-Call
Construction Management (CM)/Inspection Services
Harris has successfully provided services through on-call contracts for more than 50 public agencies including Long Beach, Los Angeles, Rancho Palos Verdes, San Diego, LA Metro, Los Angeles County, and San Diego County. We have gained a positive reputation of being able to provide the staff resources and expertise to perform a variety of construction management tasks efficiently. We have a good understanding of the standard specifications for public works construction (Greenbook), Regional Standard Drawings, and Caltrans Specifications.

Construction Management
Harris’ Construction Managers will manage and oversee the construction project delivery process. Projects completed for the City will meet your expectations for quality and will be completed in a timely and fiscally prudent manner with consideration to all project stakeholders. Harris will provide administration of construction, scheduling of work, third-party inspections, quality, and the coordination of the contractors or any other persons on the site of various Capital Improvement projects or any other City projects.

Biddability and Constructability Reviews
Working with low-bid contractors always presents additional challenges, as their margin of profitability is generally very low especially in the current highly competitive bidding climate.

Contractual ambiguities are often sought to be used to their advantage.

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 Harris & Associates, Inc. A. Understanding the Required Scope of Work  19 Harris advocates to conduct a preliminary biddability/
constructability (B/C) review prior to project advertisement/ bidding to identify any potential causes for change orders or disputes. Our CM team will lead the effort in performing B/C reviews on all construction packages. The reviews will focus on identifying errors, inconsistencies between plans and specifications, and omitted details that may impact bidding, change orders, and/or schedule delays. B/C reviews typically take place at the 60% and 90% construction document phases.

In a recent assessment of our proven success, we discovered on projects where we provided full construction management and inspection services with a B/C review, construction change orders were approximately 2%, which is well below the 5% to 10% industry average.

Change Orders and Claims Management
The first line of defense against unmerited change orders and claims is an engaged Construction Manager (CM) who
knows the contract documents, and proactively works through challenges before they become change orders or claims. Our upfront constructability reviews confirm all necessary bid items are included, documenting construction activity as it happens in the form of thorough daily reports, assessing and communicating risks with a risk register, and addressing all disputes as they develop to avoid all claims.

Effective cost control for change orders and claims includes accurate estimating. Our CMs have the support of local
estimators who can assist by developing a detailed cost estimate for every change prior to the submission of a change order by the contractor. This provides a solid position for discussion and negotiation with the contractor. This protocol will lead to fewer claims and ultimately more successful projects.

Managing and Monitoring CM Budget
Harris’ Construction Manager will track CM expenditures by task order and keep the City’s Project Manager updated on any changes to our scope and/or budget based on the project progress in the field. Any anticipated changes will be brought to Rialto staff’s attention immediately.

Safety
Safety is Harris’ top priority. It applies to our employees in the office, out in the field, and includes subconsultants on our team. We are committed to helping develop a workplace free of hazards by monitoring all activity.

Harris has a low Experience Modification Rate (EMR) of 0.85, achieved by developing and following a rigorous internal safety program with executive leadership participation and monitored by an oversight committee. With this program, we provide regular internal training and certification to better protect the public and our clients from undue risk.

It is always our priority to create a culture of safety on our jobsites, which is accomplished by:
• Starting every meeting with a safety moment
• Emailing safety bulletins to all staff
• Creating signage to remind team members to follow all safety protocols
• Encouraging a safe environment to speak up if safety
protocols are not being followed
• Communicating any COVID-19 guideline changes
We will verify that the contractor has an approved Injury and Illness Prevention Plan (IIPP) and that it is followed and maintained at all times. The IIPP has taken on a new significance since 2020 with new COVID-19 protocols. Harris will stress the importance of the IIPP and verify all new contractor staff are aware of the safety plan and have completed all necessary training.

On larger projects, there will be many subcontractors. All contractors, regardless of size, must complete training prior to performing work onsite and during the life of a project.

TASK 5 DELIVERABLES:
• Stakeholders Communication Plan
• Project Progress & Closeout Report
• Jobsite/COVID Safety Plan
• Project Document Control
• Lessons Learned
CASE STUDY:

San Diego Unified School District, Wilson Middle School.

During construction, the Harris team worked closely with the contractor’s Safety Manager to identify and mitigate risks with non-compliant temporary traffic control and
pedestrian path of travel issues. These risks were created when the contractor proceeded without proper permits
and safety measures. This had the potential to cause
an eminent risk to the public and was not addressed
by the contractor’s managers or subcontractors, which
exposed the project to liability. The Harris team’s intimate knowledge of Manual on Uniform Traffic Control Devices
(MUTCD) standards and industry best practices played a
critical role in resolving this issue.

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 B-2
EXHIBIT “B”
“COST PROPOSAL”
Services provided pursuant to this Agreement shall be paid on time and material basis in accordance with the following Schedule of Hourly Rates.

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 B-3

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 B-4

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 B-5

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 B-6

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DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 B-8

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36 B-9

DocuSign Envelope ID: B89E4257-67BE-4DC5-BB8E-0014C6D94D36