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AGREEMENT
Plan Review and Construction Management Services
City of Fresno
THIS AGREEMENT for Plan Review and Construction Management Services(RQIEEMENT") is entered into and is effective the date last viritten below (the"EFFECTIVE DATE'), by and between the City of Fresno, a municipal corpor"ìion("ClTY"), and Tutor Per-inilZachary/Parsons, ae a Joint Venture, "COruTRRöTOR').
CITY and CONTRACTOR are sometimes hereinafter referred to individually as ã"PARTY" and collectively as the "pARTlES."
1. RECITALS.
WHEREAS, CONTRACTOR has been hired by the California High-Speed RailAuthority(the "AUTHORITY') to design and build Construction Package-t 1'bet") of the High'-Speed Rail Project (the "PROJECT"); and
WHEREAS, CP1 is a 29-mile segment of new high-speed rail located between Avenue17 in Madera County to EastAmerican Avenue iñ Fresno County, and includes a largeportion within the City of Fresno; and
WHEREAS, construction of the PROJECT will require the relocation, realignment, andreconstruction of utilities and facilities (including roadways, water and sewer utilities,and other miscellaneous infrastructure) owned áno operáted by the ClTy (hereinaftei'CITY INFRASTRUCTURE"); and
WHEREAS, as with any project, plan review and construction inspection related to thePROJECT must be performed to ensure that those portions of the PROJECT affectingCITY INFRASTRUCTURE meet the operation, maintenance, and public health andsafety standards of the ClTy; and
WHEREAS, Pursuant to its agreement with the AUTHORITY, CONTRACTOR isrequired to perform certain day-to-day inspection servíces, in accordance with ClTyguidance, and clrY has agreed to perform oversight inspections; and
WHEREAS, clTY customarily charges plan check and inspection fees according to theclrY's Master Fee schedule on a per projer t segment basis; and
WHEREAS, CONTRACTOR believes the CITY must be reimbursed for its actual andreasonable costs assgc]a_ted with providing plan check and construction inspectionservices related to the PROJECT; and
WHEREAS, notwithstanding the immediately preceding paragraph, CONTRACTORbelieves that the Master Fee Schedule shouid
'not
appÇ tb scıpe oi services herein;and
WHEREAS, CITY has agreed to allow CONTRACTOR to pay a negotiated lump-sumfee upfront for all PROJECT-related plan checks and inspectioîs during the term of this
AGREEMENT, with the understanding that the fee may be adjusted from time to time
such that ultimately CONTRACTOR shall pay not less than the CITY's actual and
reasonable costs for providing services; and
WHEREAS, CONTACTOR has agreed to renegotiate the lump-sum compensation,
should it fail to adequately compensate CITY for the actual and reasonable costs of the
services contemplated herein; and
WHEREAS, CITY has agreed to hire one additional full-time staff who will be assigned
for the plan review; and
NOW, THEREFORE, inconsideration of the mutual promises hereinafter enumerated,
the PARTIES agree as follows:
2. DEFINITIONS. As used in this AGREEMENT, the following terms have the
following meanings:
2.1 AUTHORITY.
'AUTHORITY" means the California High-Speed RailAuthority and its authorized
representatives.
2.2 CITY.
"ClTY" means the City of Fresno, a municipal corporation.
2.3 C¡TY INFRASTRUCTURE.
"CITY INFRASTRUCTURE" refers to all roadways, sewer and water utilities, and
all other miscellaneous infrastructure owned and operated by the clry.
2.4 CONTRACTOR.
"CONTRACTOR" means the Joint Venture of Tutor PerinilZachary/Parsons.
2.5 CONSTRUCTIONMANAGEMENTSERVICES.
"CONSTRUcrloN MANAGEMENT SERVICES" or "cM sERVlcES" means theCITY shall make CITY supervisory level inspection staff available to
CONTRACTOR, throughout the duration of the PROJECT to troubleshoot
construction issues related to CITY INFRASTRUCTURE.
CITY supervisory level inspection staff shall retain the right to audit inspection
services performed by CoNTRAcToR to confirm coNTRAcToR's day-to-day
construction inspections meet the City of Fresno inspection requirements as
detailed in the City of Fresno lnspection Checklist for High Speed Rail project
attached hereto as Exhibit A (the "HSR cHEcKLIST"). coNTRAcToR shall
remain responsible for passing oversight inspections conducted by CITY to
ensure that it is meeting the City of Fresno inspection requirements and
documenting such compliance by completing the HSR CHECKLIST for each
CONSTRUCTION PACKAGE.
2.6 CONSTRUCTION PACKAGE.
"coNSTRUcTloN PAcKAGE" or "pACKAGES' refers to a set of plan sheets
and specifications for a specifically defined subcomponent of the pROJECT,
related to CITY INFRASTRUCTURE, which CONTRACTOR intends to construct
as part of the PROJECT. PACKAGES shall be prepared and submitted for
review by CONTACTOR.
2.7 DAY-TO.DAYINSPECTIONSERVICES.
'DAY-TO-DAY INSPECTION SERVICES" means CONTRACTOR shall provide
dayto-day construction inspections, day{o-day quality control, and quality
assurance inspections as specified in the HSR CHECKLIST.
coNTRAcroR shall timely comprete, and provide to clry, the HSR
CHECKLIST for each CONSTRUCTTON PACKAGE.
2.8 PARTY.
'PARTY" refers to the CONTRACTOR or the CITY, as the context may require
and "PARTIES" refers to the coNTRAcroR and crry, collectively
2.9 PLAN CHECK AND CM SERVICES.
"PLAN CHECK AND CM SERVICES" refers to the collective scope of services to
be provided by CITY under this AGREEMENT and individually defined as 'PLAN
REVIEW SERVICES" ANd "CONSTRUCTION MANAGEMENi SERVICES.'
2.10 PLAN REVIEW SERVICES.
'PLAN REVIEW sERVlcES" means the clry performs a review of the
construction plans and specifications for compliance with ClTy Standards andspecifications and operations, maintenance, and public health and safeÇ
requirements established by local, state, and federal agencies.
2.11 PROJECT.
"PROJECT" refers to coNSTRUcroN PACKAGE 1 (cp1) of the High-speed
Rail Project. CP1 is a 29-mile segment of new High-Speed Rail located-between
Avenue 17 in Madera County to East American Avenue in Fresno County and
includes a large portion within the City of Fresno.
2.12 SUBMITTAL.
"SUBMITTAL" is defined as an individual transmittal of a CONSTRUCTION
PACKAGE from CONTRACTOR to CITY for the purpose of PLAN REVIEW
SERVICES. "SUBMITTAL" shall also refer to any meeting between the
PARTIES, called at coNTRAcroR's request, wherein pLAN REVIEW
SERVICES are provided by CITY.
3. SCOPE OF CITY SERVICES. CITY shall provide PLAN CHECK AND CM
SERVICES for each CONSTRUCTION PACKAGE. CONTRACTOR shatt be
responsible for DAY-TO-DAY CONSTRUCTION INSPECTIONS for each
CONSTRUCTION PACKAGE (as provided in Sections 2.7 and 3.3 of this
AGREEMENT), PROJECT STATUS REPORTS (as provided in Section 5.5), inspection
of Traffic Control Plan lmplementation (as provided in Section 6.4), compliance with
Exhibits A and B, and the performance of any tasks enumerated hereunder, and not
otherwise assigned to CITY.
3.1 CONSTRUCTION PACKAGES.
CONTRACTOR shall submit each CONSTRUCTION PACKAGE to CITY for
CITY to provide PLAN CHECK AND CM SERV|CES.
CITY shall provide PLAN CHECK AND CM SERVICES for C|TY FAC¡L|T|ES
permitted by CONTRACTOR.
3.2 PLAN CHECK AND CM SERVICES.
PLAN CHECK AND CM SERVICES shall consist of the following:
3.2.1 PLAN REVIEW SERVICES. PLAN REVIEW SERVICES shall be
performed by CITY for each CONSTRUCTION PACKAGE.
CONTRACTOR agrees that CITY'S agreement to accept the LUMP SUM
COMPENSATION is based upon the expectation that CITY shall provide
PLAN REVIEW SERVICES based on an average of two (2) SUBMITTALSfor each coNSTRUcrloN PAcKAGE. suBMrrrALS shail be
documented by both PARTIES and CITY'S reasonable and actual costs
for PLAN REVIEW shall be evaluated during the quarterly review process
specified in Section 5.1 herein.
The PARTIES acknowledge that CONTRACTOR has provided
SUBMITTALS for PLAN CHECK AND CM SERVICES prior to the
EFFECTIVE DATE of this AGREEMENT. All such SUBMITTALS are
covered under this AGREEMENT.
3.2.2 coNSTRUcrloN MANAGEMENT sERVrcES, crry shail
perform oversight and audit inspections to ensure CONTRACTOR'S
compliance with CITY Standards in accordance with Exhibits A and B and
make supervisory level inspection staff available to CONTRACTOR,
throughout the duration of the PROJECT to troubleshoot construction
issues related to CITY INFRASTRUCTURE.
clrY shall retain the right to audit inspection services performed by
coNTRAcroR to confirm coNTRAcroR's dayto-day construction
inspections meet the CITY Standards.
3.2.2.1 CITY OVERSIGHT AND AUDITS INSPECTIONS. CITY
will perform regular audits of the HSR CHECKLISTs for each
CONSTRUCTION PACKAGE to confirm that CONTRACTOR'S
day-to-day construction inspections meet CITY inspection
requirements. clrY may provide audit inspections to confirm that
approved CONSTRUCTION PACKAGES: (a) are constructed,
installed, and tested in accordance with the approved plans and
CITY Standards and Specifications; and (b) comply with the
operations, maintenance, and public health and safety
requirements established by local, state, and federal agencies.
clrY staff will be based in clrY offices and can attend dairy job
meetings at coNTRAcroR's office as needed. ln the absence of
ongoing PROJEcr construction, clrY will reassign the inspection
staff to other CITY construction management duties.
CITY will provide inspection, testing and programming for
specialized equipment on traffic signal, street light and ITS ClTy
INFRASTRUCTURE, as described in Exhibit A hereto.
3.2.2.2 NOTICE OF COMPLETION. Upon comptetion of the
construction of each approved coNSTRUcÏoN PACKAGE to the
satisfaction of clrY, including the completion of all items on any
related CITY punch list, CITY shall issue a Notice of Completion.
A Notice of Completion will not be issued and ClTy
INFRASTRUCTURE will not be accepted by clry untir ail crry
punch list items have been corrected.
3.2.2.3 FAILURE TO CORRECT PUNCH LIST |TEMS. The
PARTIES agree that CITY shall have the right to rectify any
outstanding punch list items not addressed by CONTRACTOR
within twenty (20) calendar days of the issuance of a punch rist.
Such remedial action shall be paid for by CONTRACTOR, and
@r3.3 INSP
3.3.1 DAY.TO-DAY CONSTRUCTION INSPECTION. CONTRACTOR
shall provide dayto-day construction inspections, dayto-day quality
control, and quality assurance inspections as specified in the HSRcHEcKLlsr. coNTRAcroR shall timely comptete and provide to clry
the HSR CHECKLIST for each CONSTRUCTTON PACKAGE.
3.3.2 FAILURE TO MEET DAY-TO.DAY CONSTRUCTION
INSPECTION REQUIREMENTS. ln providing day{o-day construction,
quality control, and quality assurance inspection services, CONTACTOR
shall adhere to the CITY inspection requirements as defined in the HSR
CHECKLIST, provided in Exhibit A hereto and the Special lnspection
Conditions set forth in Exhibit B hereto.
ln providing oversight inspections, CITY shall issue a correction notice,
when applicable, if CONTRACTOR'S inspection deviates from City
Standards and the HSR CHECKLIST. CONTRACTOR shall bring
inspections back in compliance with City Standards and the HSR
CHECKLIST within a reasonable time.
4. TERM. This AGREEMENT shall remaín in full force and effect from the
EFFECTIVE DATE until June 29,2019.
lf the CONTRACTOR's design-build activities within the City of Fresno related to the
PROJECT extend beyond the TERM of this AGREEMENT, the PARTIES shall
negotiate additional compensation for any PLAN CHECK AND CM SERVICES to be
provided by CITY, via an Amendment to this AGREEMENT.
5' COMPENSATION. CONTRACTOR shall compensate CITY for its actual and
reasonable costs associated with providing PLAN CHECK AND CM SERVICES. The
value of CITY's actual and reasonable PROJECT costs shall be a function of ClTy time
expended hereunder and CITY costs.
5.1 LUMP SUM COMPENSATION.
Based upon CONTRACTOR's estimates, the PARTIES have agreed that
CONTRACTOR shall pay the CITY One Million Nine Hundred Thousând Dollars
($1,900,000) (the "LUMP SUM COMPENSATTON") for PLAN CHECK AND CM
SERVICES.
The LUMP SUM COMPENSATION shall be paid in one payment within Thirty
(30) days of the EFFECTIVE DATE of this AGREEMENT.
The PARTIES acknowledge that prior to the EFFECTIVE DATE, CONTACTOR
has paid plan review and inspection fees pursuant to the CITY'S Master FeeSchedule. All such sums paid shall be deducted from the LUMp SUM
COMPENSATION due hereunder.
5.2 EVALUATION AND AMENDMENT OF LUMP SUM COMPENSATION.
CITY shall continuously monitor total PROJECT costs in relation to the LUMP
SUM COMPENSATION and shall prepare quarterly updates on or about the last
business day of March, June, September, and December, detailing actual and
reasonable costs incurred in relation to the LUMP SUM COMPENSATION
provided herein ("QUARTERLY UPDATES'). Such updates shall be provided to
CONTRACTOR.
Within Thirty (30) calendar days of receiving each QUARTERLY UPDATE,
CONTRACTOR shall provide CITY with an updated Project Status Report
("srATUS REPORT"). The STATUS REPORT shall include: (1) a compretePRoJEcr schedule that includes the percent complete of each
CONSTRUCTION PACKAGE for both the design and construction phases: and(2) an updated CONSTRUCTION PACKAGE listing. upon review and
acceptance of the STATUS REPORT, the CITY shall determine if additional
compensation may be required to compensate CITY for actual and reasonable
costs. lf the clrY deems that additional compensation, if any, is due, the
PARTIES shall, within 90 days, negotiate in good faith a mutually agreeable
amendment to this AGREEMENT increasing the LUMP SUM coMpENSATloN.
This agreement shall terminate upon the inability of the PARTIES to reach an
agreement within 90 days.
Notwithstanding any other provision to the contrary, this Agreement shall
terminate upon the fullexpenditure of the LUMP SUM COMPENSATION.
5.3 SERVIGES BEYOND EXPIRATION OF ORIGINAL TERM.
The LUMP SUM COMPENSATION does not compensate CITY for services
provided upon the expiration of the TERM.
5.4 SERVICES OUTSIDE THE SCOPE OF THIS AGREEMENT.
The PARTIES agree that for charges which are not expressly covered by the
SCOPE OF SERVICES herein ("ADDITIONAL SERVICES"), CITY shall provide
coNTRAcroR with a quote for the ADDITIONAL SERVICES prior to
commencing such work. coNTRAcToR's approval is required prior to
commencing such work.
Before said ADDITIONAL SERVICES are provided, CONTRACTOR shall agree
to pay clTY the quoted fees via an Amendment to this AGREEMENT, which
amendment shall include the compensation amount owed to CITY, on an actual
and reasonable basis. Compensation for ADDITIONAL SERVICES shall be paid
in one payment within Thifty (30) days of the execution of an Amendment.
Any change in the TERM or SCOPE OF SERVICES hereunder shall constitute
ADDITIONAL SERVICES.
5.5 EXCLUDED SERVICES.
Services excluded from the LUMP SUM COMPENSATION include, but are not
limited to the following: Water Service Connection Charges; Wet-Tie Services;
Traffic Control Plan Review and lnspection.
6.
5.5.1 Traffic Gontrol Plan Review and lnspection. Traffic Control Plan
Review and Inspection services are not included in the Basic Scope of
Services. The CITY requires that a Traffic Control Plan be submitted and
approved prior to doing any work withln CITY right-of-way.
CONTRACTOR is responsible for inspection of Traffic Control Plan
lmplementation and shall indemnify CITY for liability related thereto.
GENERAL TERMS.
6.I INDEMNIFICATION.
To the furthest extent allowed by law, coNTRAcToR shall indemnify, hold
harmless and defend CITY and each of its officers, officials, employees, agents
and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs
and damages (whether in contract, tort or strict liability, including but not limited
to personal injury, death at any time and property damage) incurred by ClTy,
coNTRAcroR or any other person, and from any and all claims, demands and
actions in law or equity (including attorney's fees and litigation expenses), arisingor alleged to have arisen directly or indirectly out of performance of this
AGREEMENT. CONTRACTORS obligations under the preceding sentence shall
apply regardless of whether CITY or any of its officers, officials, employees,
agents or volunteers are actively or passively negligent, but shall not apply to any
loss, liability, fines, penalties, forfeitures, costs or damages caused by the sole
negligence or willful misconduct of CITY or any of its officers, officials,
employees, agents or volunteers, except when such officers, officials,
employees, agents or volunteers are under the direct supervision and control of
CONTRACTOR.
lf CONTRACTOR should subcontract all or any portion of the work to be
performed under this AGREEMENT, coNTRAcroR shall require each
subcontractor to indemnifiT, hold harmless and defend CITY and each of its
officers, officials, employees, agents and volunteers in accordance with the terms
of the preceding paragraph
This section shall survive termination or expiration of this AGREEMENT.
6.2 NOT|CES.
Any notice required or intended to be given to either PARTY under the terms of
this AGREEMENT shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the PARTY to which notice is to
be given at the PARTY'S address set forth on the signature page of this
AGREEMENT or at such other address as the parties may from time to time
designate by written notice. Notices served by United States mail in the manner
above described shall be deemed sufficiently served or given at the time of the
mailing thereof.
6.3 BINDING.
Subject to Section 6.3 below, once this AGREEMENT is signed by all PARTIES,
it shall be binding upon, and shall inure to the benefit of, all PARTIES, and each
PARTY'S respective heirs, successors, assigns, transferees, agents, servants,
employees and representatives.
6.4 ASSIGNMENT.
This AGREEMENT is personal to CONTRACTOR and there shall be no
assignment by CONTRACTOR of its rights or obligations under this
AGREEMENT without the prior written approval of the City Manager or his/her
designee. Any attempted assignment by CONTRACTOR, its successors or
assigns, shall be null and void unless approved in writing by the City Manager or
his/her designee.
6.5 WAIVER.
The waiver by either PARTY of a breach by the other of any provision of this
AGREEMENT shall not constitute a continuing waiver or a waiver of any
subsequent breach of either the same or a different provision of this
AGREEMENT. No provisions of this AGREEMENT may be waived unless in
writing and signed by all PARTIES to this AGREEMENT. Waiver of any one
provision herein shall not be deemed to be a waiver of any other provision
herein.
6.6 GOVERNING LAW AND VENUE.
This AGREEMENT shall be governed by, and construed and enforced in
accordance with, the laws of the State of California, excluding, however, any
conflict of laws rule, which would apply the law of another jurisdiction. Venue for
purposes of the filing of any action regarding the enforcement or interpretation of
this AGREEMENT and any rights and duties hereunder shall be Fresno County,
California.
6.7 HEADINGS.
The section headings in this AGREEMENT are for convenience and reference
only and shall not be construed or held in any way to explain, modify, or add to
the interpretation or meaning of the provisions of this AGREEMENT.
6.8 SEVERABILITY.
The provisions of this AGREEMENT are severable. The invalidity or
unenforceability of any one provision in this AGREEMENT shall not affect the
other provisions.
6.9 INTERPRETATION.
The PARTIES acknowledge that this AGREEMENT in its final form is the result
of the combined efforts of the parties and that, should any provision of this
AGREEMENT be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this AGREEMENT in favor of or against either PARTY,
but rather by construing the terms in accordance with their generally accepted
meaning.
6.10 ATTORNEY'S FEES.
lf either PARTY is required to commence any proceeding or legal action to
enforce or interpret any term, covenant or condition of this AGREEMENT, the
prevailing PARTY in such proceeding or action shall be entitled to recover from
the other PARTY its reasonable attorney's fees and legalexpenses.
6.I1 EXHIBITS.
Each Exhibit and attachment referenced in this AGREEMENT is, by the
reference, incorporated into and made a part of this AGREEMENT.
6.12 PRECEDENCE OF DOCUMENTS.
ln the event of any conflict between the body of this AGREEMENT and any
Exhibit or Attachment hereto, the terms and conditions of the body of this
AGREEMENT shall control and take precedence over the terms and conditions
expressed within the Exhibit or Attachment. Furthermore, any terms or
conditions contained within any Exhibit or Attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this AGREEMENT, shall be null and void.
6.13 CUMULATIVE REMEDIES.
No remedy or election hereunder shall be deemed exclusive but shall, wherever
possible, be cumulative with all other remedies at law or in equity.
6.14 NO THIRD PARTY BENEFICIARIES.
The rights, interests, duties, and obligations defined within this AGREEMENT are
intended for the specific parties hereto as identified in the preamble of this
AGREEMENT. Notwithstanding anything stated to the contrary in this
AGREEMENT, it is not intended that any rights or interests in this AGREEMENT
benefit or flow to the interest of any third parties.
6.15 EXTENT OF AGREEMENT.
Each PARTY acknowledges that they have read and fully understand the
contents of this AGREEMENT. This AGREEMENT represents the entire and
integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This AGREEMENT may be modified only by written
instrument duly authorized and executed by both CITY and CONTRACTOR.
ISTGNATURES ON FOLLOW|Nc PAGEI
10
lN WITNESS WHEREOF, the parties have executed this AGREEMENT at Fresno,
California, the day and year first above written.
Attention: Randall Morrison, PE, MCE, Attention: Ghassan Ariqat
Addresses:
CITY:
City of Fresno
Deputy City Engineer
2600 Fresno Street,4th Floor
Fresno, CA.93721-3623
Phone: (559) 621-8703
FAX: (559) 457-1277
CITY OF FRESNO,
a California municipal corporation
Addresses:
CONTRACTOR:
TPZP
1401 Fulton Street
Fresno, CA93721
Phone: (559) 385-7025
TUTOR PERINI, ZACHARY, and
PARSO Venture
By:
Name:
Vzøhto
Title:
By:
Bruce Rudd, City Manager
ATTEST:
YVONNE SPENCE, CMC
City Clerk
APPROVED AS TO FORM:
City Attorney's Office
REVIEWED BY:
By:
Deputy City Engineer
Department of Public Works
Attachments:
Exhibit A - City of Fresno lnspection Checklist for High Speed Rail Project
Exhibit B - Special lnspection Conditions
By
Deputy City Attorney
lt
Exhibit A
City of Fresno lnspection Checklist for High Speed Rail Project
HIGH SPEED RAIL PROJECT INSPECTION REPORTING CHECKLIST
TYPICAL SUBMITTALS . NON PROJECT SPECIFIC
The Following ltems To Be Submitted At Noted lntervals Throughout The Life Of The Project
tr - swPPP/BMP's
(Submit to PWD Construction Manager for lnformation all applicable approved plans, Notices, Exemptions, elc. prior to
commencing onsite work)
tr Fugitive Dust Control Plan
(Submit to PWD Construction Manager for lnformation all applicable approved plans, Notices, Exemptions, etc. prior to
commencing onsite work)
tr Initiat usA catlrag Number
(Submit to PWD Construct¡on Manager prior to commencing ons¡te work)
n - Product Data Submittals For All Materials To Be Incorporated Into The Work NRTIU
(Subm¡t to PWD Construction Manager for Review/Comment two (2) weeks prior to installation. See applicable City Standard
Specifìcations for descriplion of data to be supplied.)
n RFI's Materials Substitution / Proposed Variances To Plans Or Specifications NRTpu
(Submit to PWD Construction Manager for Review/Comment four (4) days prior to need)
tr Traffic Control Plans Once Approved By City Traffic Engineering Division
(Submit to PWD Construction Manager for lnformation one (1) day prior to installation)
n Inspector's Daily Report & Observat¡ons
(Submit to PWD Construction Manager for lnformation together with associated Weekly Report)
tr - Weekly Report (lnspector's)
(Submit to PWD Construction Manager for lnformation on or before Wednesday of the following weekly period)
tr - Materials Testing Reports
(Submit to PWD Construction Manager for information as ¡eceived. See City QAP and applicable City Standard Specifications
for specific testing protocols and frequencies )
tr - Certified As-Built Drawings / Closeout Documentation / Warrant¡es
(Submit to PWD Construction Manager for lnformation upon complet¡on of the work)
Construction Package lD:
tr - Periodic Filing for the Period Ending :
tr - Final Filing for the Period Ending :
Signed:Date:
NRTPU = Not Required On Third Party Utility Projects (i.e. PG&E, AT&T, Comcast, FMFCD, FID)
HIGH SPEED RAIL PROJECT INSPEGTION REPORTING GHECKLIST
PECTION OBSERVA
The Following ltems To Be Monitored/Documented Daily
Documentation to be submitted to PWD Construction Manager Weekly
n Acceptance Criteria Compliance And/Or Discrepancies / Water & Sewer
(Per City of Fresno - Quality Assurance Program & City Of Fresno Standard Specifìcations Section 2-11)
n Acceptance Criteria Compliance And/Or Discrepancies / Sewer
(Pet City Of Fresno Standard Specilicafions Secfibns 17-10, 17-11 & 17-12)
tr Acceptance Criteria Compliance And/Or Discrepancies / Water
(Per City Of Fresno Standard Specificafions Secf,'ons 22-9.1, 22-9.2 & 22-9.3)
tr lnstallation Requirements Compliance And/Or Discrepancies / Sewer
(Per City Of Fresno Standard Specifications Secfions 2 ,16, 17 & any other applicable Sections dependent on scope)
tr lnstallation Requirements Compliance And/Or Discrepancies / Water
(Per City Of Fresno Standard Specif¡cat¡ons Secflons 2, 16, 22 & any other appl¡cable Sect¡ons dependent on scope)
Construction Package lD:
- Periodic Filing for the Period Ending :
tr Final Filing for the Period Ending :
Signed:Date:
HIGH SPEED RAIL PROJECT INSPECTION REPORTING CHECKLIST
TION PROJECTS
The Following ltems To Be Monitored/Documented Daily
Documentation to be submitted to PWD Construction Manager Weekly
n Acceptance Griteria Compliance And/Or Discrepancies / General
(Pet C¡ty of Fresno - Qual$ Assurance Program & City Oî Fresno Standard Specif¡cat¡ons Section 2-11)
I Acceptance Criteria Compliance And/Or Discrepancies / Aggregate Base & Sub-Base
(Per City Of Fresno Standard Spec¡f¡cations Section 12-6)
tr Acceptance Criteria Compliance And/Or Discrepancies / Asphalt Concrete
(Pe¡ City Of Fresno Standard Specificafr'ons Secfions 13-2, 1?3 & 13-4)
t] Acceptance Criteria Compliance And/Or Discrepancies / PGC lmprovements
(Per City Of Fresno Standard Specilicaflons Sectr'ons 14-2 & 14-3)
n Acceptance Criteria Compliance And/Or Discrepancies / Traffic Divider lslands
(Per City Of Fresno Standard Specilications Sect¡on 1*2.3)
n Installation Requirements Compliance And/Or Discrepancies / Excavation & Grading
(Per City Of Fresno Standard Spec¡ficat¡ons Secfr'ons 2 , 11 & any other appl¡cable Sect¡ons dependent on scope)
n lnstallation Requirements Compliance And/Or Discrepancies / Aggregate Base & Sub-Base
(Pet City Of Fresno Standard Specifica¿ions Secflons 2, 12 & any other applicable Secfions dependent on scope)
! Installation Requirements Compliance And/Or Discrepancies / Asphalt Goncrete
(Pet C¡ty Of Fresno Standard Spec¡f¡cations Sections 2 , 13 & any other applicaôle Secfrbns dependent on scope)
n - lnstallation Requirements Compliance And/Or Discrepancies / PCC lmprovements
(Per City Of Fresno Standard Specificaf¡ons Secúlons 2 , 14 & any other applicaôle Secüons dependent on scope)
n - Installation Requirements Gompliance And/Or Discrepancies / Traffic Divider lslands
(Per City Of Fresno Standard Spec¡f¡cafrbns Secfions 2 , 15 & any other appl¡cable Sect¡ons dependent on scope)
Construction Package lD:
E - Periodic Filing for the Period Ending :
fl - Final Filing for the Period Ending :
Siqned:Date:
HIGH SPEED RAIL PROJECT INSPEGTION REPORTING CHECKLIST
CTION OBS L / STREET
The Following ltems To Be Monitored/Documented Daily
Documentation to be submitted to PWD Construction Manager Weekly
Traffic Signal, Street Light and ITS (lntelligent Traffic System) projects shall fall under modified Contractor
lnspection practices. Regular and customary City lnspection shall be performed for all aspects of these projects
for all segments that include wiring, electrical conduits, fiber optic, fiber optic conduits, electrical pull boxes,
fiber optic pull boxes/vaults, point of seruice connections, signal equipment cabinets and equipment, fiber
optic cabinets and equipment, signal heads, pedestrian heads, signal/streetlight poles and mast arms, and any
electrical and/or fiber optic related ancillary equipment or devices regardless of voltage.
Segments of Traffic Signal, Street Light and ITS (lntelligent Traffic System) projects which include Water, Sewer,
Street facilities construction/restoration shall be observed and documented in accordance with the appropriate
checklist(s). The "Typical Submittals" checklist shall also apply to Traffic Signal, Street Light and ITS projects.
tr tNspEcnoN oBsERVATroNs - sTREET coNsrRucnoN PRoJEcrs / Applicable and Attached
tr tNspEcloN oBsERVATroNs - STREET coNsrRucloN PRoJEcrs / Not Applicable
tr tNspEcnoN oBsERVATloNs - wATER & sEWER PRoJEcrs / Applicable and Attached
tr tNspEcïoN oBsERVATtoNs - WATER & SEWER PRoJEcrs / Not Applicable
n - TyprcAL suBMrrrALs - NoN pRoJEcr sPEctFtc / Attached
Construction Package lD:
tr Periodic Filing for the Period Ending :
tr - Final Filing for the Period Ending :
Signed:Date:
HIGH SPEED RAIL PROJECT INSPECTION REPORTING CHECKLIST
The Following ltems To Be Monitored/Documented Daily
Documentation to be submitted to PWD Construction Manager Weekly
Util¡ty (3rd party) Projects shall fall under modified Contractor lnspection practices. For the purposes of City's
performance of lnspection oversight and audit, Utility projects would be those where the facilities are owned
and operated by a "Utility" such as PG&E, AT&l Comcast whereas 3rd Party projects would be those where
the facilities are owned and operated by a "District" or other similar entity such as Fresno Metropolitan Flood
Control District, Fresno lrrigation District, a privately held Water District/Purveyor.
Segments of Utility and 3rd Party projects which include Water, Sewer, Street facilities construction/restoration,
Traffic Signal, Streetlight, ITS shall be observed and documented in accordance with the appropriate checklist(s).
The "Typical Submittals" checklist shall also apply to Utility and 3rd Party projects except submission of Product'
Data Submittals and RFI's Materials Substitution / Proposed Variances are not required.
n Completed City of Fresno Public Utility Application for Street Work Permit
(Submit to PWD Construction Manager five (5) Business days prior to commencing onsite work)
tr tNspEcnoN oBsERVATtoNs - sTREET coNsrRucnoN PRoJEcrs / Applicable and Attached
! tNspEcnoN oBsERVATtoNs - sTREET coNsrRucnoN PRoJEcrs / Not Applicable
n tNspEcloN oBsERVATtoNs - wATER & sEWER PRoJEcTs / Applicable and Attached
n tNspEciloN oBsERVATloNs - WATER & SEWER PRoJEcrs / Not Applicable
tr - tNspEcTtoN oBsERVATtoNs - S|GNAL-STREETUGHT-|TS PRoJECTS / Applicable and Attached
n - tNspEcnoN oBsERVATtoNs - stGNAr-sTREETLTGHT-rrs PRoJECTS / Not Applicable
tr - TyprcAL suBMtrrAts - NoN PRoJEcr sPEclFlc / Attached
Construction Packaqe lD:
tr - Periodic Filing for the Period Ending :
tr - Final Filing for the Period Ending :
Siqned:
1.
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Exhibit B
Special lnspection Conditions
CONTRACTOR must provide authorized CITY staff access to all worksites where
CITY INFRASTRUCTURE is subject to relocation, realignment, and reconstruction.
No work in the public right-of-way shall be initiated by the CONTRACTOR prior to
the CITY approving the CONTRACTOR's traffic control plan and issuing a permit.
No work on the public water and sewer system may be initiated prior to the CITY
approving the CONTRACTOR's plan for providing temporary water and sewer
services for those properties that will have service disrupted to accommodate the
relocation, realignment, and reconstruction of the new water and sewer facilities.
No deviations (materials, horizontal or vertical alignment, workmanship, etc.) from
the Approved Plans, Specifications, and CITY Standards may be initiated by the
CONTRACTOR without prior written approval and authorization from the CITY.
At all times the CITY reserves the right to issue a Notice of Non-Compliance to the
CONTRACTOR, if during the course of the CITY's oversight inspections the CITY
observes and records workmanship or material defects that compromise the CITY's
operations, maintenance, and public health and safety requirements'
As per state regulations, only the CITY may remove a public water main from
service, and once the water main is isolated and secured, the CITY will release the
water main to the CONTRACTOR to complete their required work.
The CONTRACTOR shall at all times maintain a current and accurate set of record
drawings showing all CITY approved and authorized changes to the approved plans
and specifications. The CITY's oversight inspections will include periodic review of
the record drawings for completeness and accuracy.
The CITY reserves the right to add or modify these conditions at any time during the
course of the construction, with proper advanced notice to the CONTRACTOR, to
ensure that the CITY's operations, maintenance, and public health and safety
requirements are protected.
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