HomeMy WebLinkAboutAgr 2019-08-29 (TRC Engineers) Town of Tiburon
1505 Tiburon Blvd.
Tiburon,CA 94920
MASTER AGREEMENT WITH
TRC ENGINEERS, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is entered into as of the 29th day of August ,2019 ,by and
between the TOWN OF TIBURON ("Town"),a California municipal corporation,and TRC
Engineers, Inc.,("Consultant").
Recitals
WHEREAS,Town desires to obtain professional services on an as-needed basis;
WHEREAS, Consultant hereby represents to Town that Consultant is skilled and able to
provide such services described in Section 1 of this Agreement; and
WHEREAS,Town desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 1 of this Agreement for a period of 60 months commencing on the
date of its execution.
Agreement
NOW,THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS,
THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scope of Services. Consultant shall provide services for specific tasks as may be
requested by Town as specified in Exhibit A. Work for each property location will be
tracked and billed separately by Consultant. Consultant will commence services upon
receipt from Town. Services may include, but not be limited to: Monitor compliance and
enforcement of Erosion Control and Stormwater Pollution Prevention Plans supplied by
others, in accordance with current NDPES General Permit and Other as-needed services,
On-Call Encroachment Permit inspections and On-Call inspections of various mini-
projects under $50,000 (fifty thousand dollars). The Director of Public Works may
authorize task expected to cost $10,000 (ten thousand dollars) or less, provided that such
authorization must be in writing and further provided that the Town has previously
appropriated funds for said task. Further the Town Manager may authorize any additional
task expected to cost $40,000 (forty thousand dollars) or less, provided that such
authorization must be in writing and further provided that the Town has previously
appropriated funds for said task. The Town Council must approve any task assigned to
Consultant that is expected to cost more than$40,000.
A. The Town will authorize work under this Agreement by issuing a Task
Order describing the specific work, anticipated cost, schedule for completion and other terms and
conditions. The Task Order shall be effective only when signed by both parties. All Task
Orders shall corporate by reference and be subject to the terms and conditions of this Agreement.
B. The services of Consultant are to commence upon receipt of a written
notice to proceed from Town,but in no event prior to receiving a fully executed Task Order from
Town and obtaining and delivering the required insurance coverage, and satisfactory evidence
thereof,to the Town Attorney.
C. The Town must approve in writing any changes to the Task Order. Town
relies upon the professional ability of Consultant as a material inducement to entering into this
Agreement. All work performed by Consultant under this Agreement shall be done in a skillful
and professional manner in accordance with all applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
2. Compensation and Method of Payment.
A. The compensation to be paid to Consultant, including both payment for
professional services and reimbursable expenses, shall be at the rate and schedules attached
hereto as Exhibit B. The rates set forth in Exhibit B shall take effect as of the effective date of
this agreement. Annual rate adjustments are allowed at the end of each calendar year, and shall
be based on the most recently published Consumer Price Index, San Francisco Area, as published
by the US Department of Labor. The total amount authorized for the Payment by Town under
this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were
known to Town at the time of payment. Nothing in this Agreement shall be interpreted as
creating liability on the part of the Town to pay for any services rendered for private property
owners unless the Town expressly consents thereto.
B. Timing of Payment.
(1) Consultant shall submit itemized monthly invoices for work
performed. Town shall make payment, in full, within thirty(30)
days after approval of the invoice by Town.
(2) Payments due and payable to Consultant for current services must
be within the current budget and within an available,unexhausted
and unencumbered appropriation of the Town. In the event the
Town has not appropriated sufficient funds for payment of
Consultant services beyond the current fiscal year, this Agreement
shall cover only those costs incurred up to the conclusion of the
current fiscal year;payment for additional work is conditional
upon future Town appropriation.
C. Consultant shall pay all taxes, assessments and premiums under the
federal Social Security Act,any applicable unemployment insurance contributions, Workers
Compensation insurance premiums, sales taxes, use taxes,personal property taxes,or other taxes
or assessments now or hereafter in effect and payable by reason of or in connection with the
services to be performed by Consultant.
D. Consultant shall receive no premium or enhanced pay for work normally
understood as overtime, i.e.,hours that exceed forty(40)hours per work week, or work
performed during non-standard business hours, such as in the evenings or on weekends, unless
specifically required by the applicable task order and authorized by Town in writing. Consultant
shall not receive a premium or enhanced pay for work performed on a recognized holiday.
Consultant shall not receive paid time off for days not worked, whether it be in the form of sick
leave, administrative leave,or for any other form of absence.
3. Amendment to Task Order and/or Scope of Services. Town shall have the right to
amend the Task Order and/or Scope of Services within the Agreement by written notification to
the Consultant. In such event,the compensation and time of performance shall be subject to
renegotiation upon written demand of either party to the Agreement. Failure of the Consultant to
secure Town's prior written authorization for extra or changed work shall constitute a waiver of
any and all right to adjustment in the contract price or time due,whether by way of compensation,
restitution, quantum meruit, etc. for work done without the appropriate Town authorization.
4. Duties of Town. Town shall provide all information requested by Consultant that
is reasonably necessary to performing the Scope of Work. Town retains all rights of approval
and discretion with respect to the projects and undertakings contemplated by this Agreement.
5. Ownership of Documents.
A. The plans, specifications, estimates,programs,reports,models,and other
material prepared by or on behalf of Consultant, its officers, employees, agents and
subcontractors, in the course of implementing this Agreement, including all drafts and working
documents,and including electronic and paper forms(collectively the "Documents"), shall
become the exclusive property of Town, upon payment therefor and Town shall have the sole
right to use such materials in its discretion without further compensation to Consultant or any
other party. Consultant shall deliver all Documents to Town upon(1)the completion of the
Services, (2)the date of termination of this Agreement for any reason, (3)request by Town in
writing, or(4)payment of all monies due to Consultant. However, this ownership shall not
include any ownership interest in Consultant's preexisting information including, but not
limited to, computer programs, software, patents, patents pending, standard details, templates,
figures or specifications or Consultant's seal, stamp or certification. Except for patents and
patents pending for which Consultant charges a license fee, Consultant grants Town a fully
paid-up, non-exclusive, royalty free license to use the Documents for the purposes contemplated
under this Agreement. If Consultant provides any Documents on electronic media, then in all
circumstances the hard copy of any such Document shall control in the event of any conflict or
discrepancies between the hard copy and the electronic media copy.
B. The Documents may be used by Town and its officers, elected officials,
employees, agents, in whole or in part, for all purposes contemplated for each specific project as
described under each authorized Task Order without further employment of or payment of any
compensation to Consultant. If Town desires to modify Documents before using them, Town
shall obtain written consent from Consultant for any such modification, and such consent shall
not unreasonably be withheld. If Town modifies Documents without obtaining written consent
from Consultant, Consultant shall not be liable to Town for any damages resulting from use of
such modified Documents. Notwithstanding anything to the contrary in this Agreement,
Consultant is not liable for claims, liabilities, or losses arising out of or connected with the
modification or misuse by Town of the machine-readable information and data provided by
Consultant under this Agreement; further, Consultant is not liable for claims, liabilities, or
losses arising out of or connected with any use by Town of the project documentation for
other projects or additions to this project, or for the completion of this project by others,
except only such use as may be authorized in writing by Consultant provided that the
Consultant was not a proximate cause of such damages.
C. Consultant shall include language that is consistent with this Section 5 in
all subcontracts and agreements that Consultant negotiates with respect to the Services.
D. All reports, information, data, and exhibits prepared or assembled by
Consultant in connection with the performance of its Services pursuant to this Agreement are
confidential until released by Town to the public, and the Consultant shall not make any of these
documents or information available to any individual or organization not employed by the
Consultant or Town without the written consent of Town before any such release. This provision
shall not apply to information that(1) is already in the public domain, (2) was previously known
by Consultant, (3)Consultant is required to provide by law,or(4)reasonably required by
Consultant to conduct its defense in a legal or similar proceeding, so long as Consultant notifies
Town in writing before use of such information.
6. Employment of Other Consultants Specialists or Experts.
A. Consultant will not employ or otherwise incur an obligation to pay other
consultants, specialists or experts for services in connection with this Agreement without the
prior written approval of Town.
B. Consultant represents that it has, or will secure at its own expense, all
personnel required in performing the Services. All of the Services required hereunder will be
performed by the Consultant or under Consultant's supervision, and all personnel engaged in the
work shall be qualified to perform such services.
C. Consultant shall make every reasonable effort to maintain stability and
continuity of Consultant's key personnel assigned to perform the Services.
D. Consultant shall provide Town with a minimum twenty(20)days prior
written notice of any changes in Consultant's Key Personnel,provided that Consultant receives
such notice, and shall not replace any Key Personnel with anyone to whom Town has a
reasonable objection.
E. Consultant will not utilize subconsultants without advance written notice
to Town. Consultant will not utilize a subconsultant to whom Town has a reasonable objection.
Subconsultants providing professional services will provide professional liability insurance as
required in Exhibit C unless Town waives this requirement, in writing.
7. Conflict of Interest.
A. Consultant understands that its professional responsibility is solely to
Town. Consultant warrants that it presently has no interest, and will not acquire any direct or
indirect interest,that would conflict with its performance of this Agreement. Consultant shall
not knowingly, and shall take reasonable steps to ensure that it does not, employ a person having
such an interest in the performance of this Agreement. If Consultant discovers that it has
employed a person with a direct or indirect interest that would conflict with its performance of
this Agreement, Consultant shall promptly disclose the relationship to Town and take such action
as Town may direct to remedy the conflict.
B. Consultant(including principals,associates and professional employees)
covenants and represents that it does not now have any investment or interest in real property and
shall not acquire any interest, direct or indirect, in the area covered by this contract or any other
source of income, interest in real property or investment which would be affected in any manner
or degree by the performance of Consultant's Services hereunder. Consultant further covenants
and represents that in the performance of its duties hereunder no person having any such interest
shall perform any services under this Agreement.
C. Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(1) Will conduct research and arrive at conclusions with respect to
his/her rendition of information,advice,recommendation or counsel independent of the control
and direction of Town or of any Town official other than normal contract monitoring; and
(2) Possesses no authority with respect to any Town decision beyond
the rendition of information,advice,recommendation or counsel(FPPC Reg. 18700(a)(2)).
8. Interest of Members and Employees of Town. No member of Town Council and
no other officer,elected official, employee, agent or volunteer of Town who exercises any
functions or responsibilities in connection with the carrying out of any project to which this
Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement,nor
shall any such person participate in any decision relating to this Agreement which affects its
personal interests or the interest of any corporation,partnership or association in which he/she is
directly or indirectly interested.
9. Liability of Members and Employees of Town. No member of Town Council and
no other officer, elected official, employee, agent or volunteer of Town shall be personally liable
to Consultant or otherwise in the event of any default or breach of Town, or for any amount
which may become due to Consultant or any successor in interest,or for any obligations directly
or indirectly incurred under the terms of this Agreement.
10. Indemnity.
A. To the fullest extent permitted by law,the Consultant shall (1)
defend and(2)indemnify the Town, and its council members, officers, and
employees from and against all liabilities,regardless of nature or type the extent caused by the
negligence,recklessness, or willful misconduct of the Consultant,or its employees, agents, or
subcontractors. Liabilities subject to the duties to defend and indemnify include,without
limitation, all claims, losses, damages,penalties,fines, and judgments; associated investigation
and administrative expenses; defense costs, including but not limited to reasonable attorneys'
fees; court costs; and costs of alternative dispute resolution. The Consultant's obligation to
indemnify applies unless it is finally adjudicated that the liability was caused by the active
negligence or willful misconduct of an indemnified party. If it is finally adjudicated that liability
is caused by the comparative active negligence or willful misconduct of an indemnified party,
then Consultant's indemnification obligation shall be reduced in proportion to the established
comparative liability.
B. The duty to defend is a separate and distinct obligation from Consultant's
duty to indemnify. To the fullest extent permitted by law, Consultant shall be obligated to
defend, in all legal, equitable, administrative, or special proceedings,with counsel reasonably
approved by the Town,the Town and its councilmembers, officers, and employees,upon tender
to Consultant of the claim in any form or at any stage of an action or proceeding,whether or not
liability is established. An allegation or determination that persons other than Consultant are
responsible for the claim does not relieve Consultant from its separate and distinct obligation to
defend under this section. The obligation to defend extends through final judgment, including
exhaustion of any appeals. The defense obligation includes an obligation to provide independent
defense counsel if Consultant asserts that liability is caused in whole or in part by the negligence
or willful misconduct of the indemnified party. If it is finally adjudicated that liability was
caused by the comparative active negligence or willful misconduct of an indemnified party,
Consultant may submit a claim to the Town for reimbursement of reasonable attorneys' fees and
defense costs in proportion to the established comparative liability of the indemnified party.
C. Neither termination of this Agreement nor completion of the Services shall
release Consultant from its obligations under this Section 10, as long as the event giving rise to
the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of
any such termination or completion.
D. Consultant agrees to obtain executed indemnity agreements with
provisions identical to those set forth in this section from each and every subconsultant or any
other person or entity involved by, for, with or on behalf of Consultant in the performance of this
Agreement. If Consultant fails to obtain such indemnity obligations from others as required,
Consultant shall be fully responsible for all obligations under this Section. Town's failure to
monitor compliance with this requirement imposes no additional obligations on Town and will in
no way act as a waiver of any rights hereunder. The obligation to indemnify and defend Town as
set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the
termination of this Agreement or this section.
E. Consultant's compliance with the insurance requirements does not relieve
Consultant from the obligations described in this Section 10,which shall apply whether or not
such insurance policies are applicable to a claim or damages.
11. Independent Contractor.
A. Consultant(including its officers, agents and employees)is not an agent or
employee of the Town and shall accrue no rights to retirement benefits or other benefits which
accrue to Town's employees, and Consultant hereby expressly waives any claim it may have to
any such rights. Consultant,its officers,employees and agents shall not have any power to bind
or commit Town to any decision. Consultant is an independent contractor as defined in Section
3353 of the California Labor Code and is not subject to the direction and control of the Town.
Without limiting the foregoing, Consultant shall maintain complete control of its operations and
personnel and shall be solely liable and responsible to pay all required salaries,wages, expenses,
taxes and other obligations,including,but not limited to,withholding and Social Security.
12. Compliance with Laws.
A. General. Consultant shall (and shall cause its agents and subcontractors),
at its sole cost and expense, comply with all applicable federal, state and local laws,codes,
ordinances and regulations now in force or which may hereafter be in force during the term of
this Agreement. Any corrections to Consultant's reports or other Documents(as defined in
Section 5)that become necessary as a result of Consultant's failure to comply with these
requirements shall be made at the Consultant's expense.
B. Updates. Should Consultant become aware that the requirements
referenced in subparagraph A above change after the date of a report or other Document is
prepared, Consultant shall be responsible for notifying Town of such change in requirements.
Consultant will bring the Documents into conformance with the newly issued requirements at the
written direction of Town. Consultant's costs for providing services pursuant to this paragraph
shall be submitted to Town as Additional Services.
C. Licenses and Permits. Consultant represents that it has the skills,
expertise, licenses and permits necessary to perform the Services. Consultant shall perform all
such Services in the manner and according to the standards observed by a competent practitioner
of the same profession in which Consultant is engaged. All products of whatsoever nature which
Consultant delivers to Town pursuant to this Agreement shall conform to the standards of quality
normally observed by a person practicing in Consultant's profession. Permits and/or licenses
shall be obtained and maintained by Consultant without additional compensation throughout the
term of this Agreement. Except as otherwise allowed by Town in its sole discretion, Consultant
and all subconsultants shall have acquired, at their expense, a business license from Town in
accordance with Chapter 5.04 of the Tiburon Municipal Code,prior to Town's issuance of an
authorization to proceed with the Services. Such license(s)must be kept valid throughout the
term of this Agreement.
D. Documents Stamped. Consultant shall have documents created as part of
the Services to be performed under this Agreement stamped by registered professionals for the
disciplines covered by Consultant's Documents as required by Section 6735 of the Business and
Professionals Code or any other applicable law or regulation. Consultant shall not be required to
stamp any documents not prepared under its direct supervision. The Town will not be charged an
additional fee to have such documents stamped.
E. Workers'Compensation. Without limiting the scope of subparagraph
12.A, Consultant certifies that it is aware of the provisions of the California Labor Code which
require every employee to be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that Code, and Consultant certifies that it will
comply with such provisions before commencing performance of this Agreement.
F. Prevailing Wage. Without limiting the scope of subparagraph 12.A,
Consultant and Consultant's sub-consultants shall, to the extent required by the California Labor
Code,pay not less than the latest prevailing wage rates to workers and professionals as
determined by the Director of Industrial Relations of the State of California pursuant to
California Labor Code,Part 7, Chapter 1,Article 2. Copies of the applicable wage determination
are on file at Town Clerk's office. This provision to comply with prevailing wage laws takes
precedence over the provisions of paragraph 3.F.
G. Injury and Illness Prevention Program. Consultant certifies that it is aware
of and has complied with the provisions of California Labor Code Section 6401.7,which
requires every employer to adopt a written injury and illness prevention program.
H. Town Not Responsible. Town is not responsible or liable for Consultant's
failure to comply with any and all of the requirements set forth in this Agreement or state or
federal law.
13. Nonexclusive Agreement. Consultant understands that this is not an exclusive
Agreement and that Town shall have the right to negotiate with and enter into contracts with
others providing the same or similar services as those provided by Consultant as Town desires.
14. Confidential Information. All data,documents,discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential
and not to be disclosed to any person except as authorized by Town, as required by law, or as
otherwise allowed by this Agreement. This provision shall not apply to information that(1) is
already in the public domain, (2) was previously known by Consultant, (3) Consultant is
required to provide by law,or(4)reasonably required by Consultant to conduct its defense in a
legal or similar proceeding, so long as Consultant notifies Town in writing before use of such
information.
15. Insurance. Consultant shall provide insurance in accordance with the
requirements of Exhibit C.
16. Assignment Prohibited. Consultant shall not assign any of its rights nor transfer
any of its obligations under this Agreement without the prior written consent of Town and any
attempt to so assign or so transfer without such consent shall be void and without legal effect and
shall constitute grounds for termination.
17. Stop Work Order. Town may at any time,by written notice to Consultant("Stop
Work Order"), require Consultant to stop or suspend performance of the Services, in whole or in
part, for such period as is deemed necessary due to unfavorable conditions or to the failure on the
part of the Consultant to perform any provision of this Agreement. Consultant will be paid for
satisfactory Services performed through the date of temporary suspension. Upon receipt of the
Stop Work Order, Consultant shall immediately comply therewith and take all reasonable steps
to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order
during the period of work stoppage. Within six (6)months of the delivery of the Stop Work
Order, or such later time as may be agreed to by the parties, Town shall either(a) cancel the Stop
Work Order; (b) cancel those the authorization for those Services covered by the Stop Work
Order; or(c)terminate this Agreement as provided in Paragraph 19. Consultant shall resume
work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order
results in a documentable increase in the cost of performing the Services or the time required for
such performance, Consultant shall receive an equitable adjustment in compensation. In the
event that Consultant's Services hereunder are delayed for a period in excess of six(6)months
due to causes beyond Consultant's reasonable control, Consultant's compensation shall be subject
to renegotiation.
18. Termination.
A. If Consultant at any time refuses or neglects to perform its Services in a
timely fashion or in accordance with the schedule, or is adjudicated a bankrupt, or commits any
act of insolvency, or makes an assignment for the benefit of creditors without Town's consent, or
fails to make prompt payment to persons furnishing labor,equipment,materials or services, or
fails in any respect to properly and diligently prosecute its Services, or otherwise fails to perform
fully any and all of the agreements herein contained, Consultant shall be in default.
B. If Consultant fails to cure the default within seven(7)days after written
notice thereof, Town may, at its sole option,take possession of any Documents or other materials
(in paper and electronic form)prepared or used by Consultant and for which Consultant has
received compensation for and(1)complete any such work, labor, materials or services as may be
necessary to overcome the default and deduct the cost thereof from any money then due or
thereafter to become due to Consultant under each specific Task Order; and/or(2)terminate
Consultant's right to proceed with this Agreement.
C. In the event Town elects to terminate, Town shall have the right to
immediate possession of all Documents and work in progress prepared by Consultant and fully
compensated for,whether located at Consultant's place of business, or at the offices of a
subconsultant, and may employ any other person or persons to finish the Services and provide
the materials therefor. In case of such default termination, Consultant shall not be entitled to
receive any further payment under this Agreement until the Services are completely finished.
D. In addition to the foregoing right to terminate for default,Town reserves
the absolute right to terminate this Agreement without cause,upon 72-hours'written notice to
Consultant("Termination for Convenience"). In the event of a Termination for Convenience,
Consultant shall be entitled to payment in an amount that shall be calculated as follows: (1)
payment for Services then satisfactorily completed and accepted by Town, plus (2)reimbursable
expenses actually incurred by Consultant, as approved by Town. The amount of any payment
made to Consultant prior to the date of termination of this Agreement shall be deducted from the
amounts described in(1) and(2) above. Consultant shall not be entitled to any claim or lien
against Town for any additional compensation or damages in the event of such termination and
payment. In addition,Town's right to withhold funds under Section 18.C. shall be applicable in
the event of a termination for convenience.
E. If this Agreement is terminated by Town for default and it is later
determined that the default termination was wrongful, such termination automatically shall be
converted to and treated as a Termination for Convenience under this Section 18 and Consultant
shall be entitled to receive only the amounts payable under Section 18.D.
19. Entire Agreement and Amendment. This Agreement constitutes the complete and
exclusive statement of the agreement between Town and Consultant and supersedes any previous
agreements, whether verbal or written, concerning the same subject matter. This Agreement may
only be amended or extended from time to time by written agreement of the parties hereto.
20. Interpretation. This Agreement shall be interpreted as though it was a product of
a joint drafting effort and no provisions shall be interpreted against a party on the ground that
said party was solely or primarily responsible for drafting the language to be interpreted.
21. Litigation Support. Consultant agrees to testify at Town's request if litigation is
brought against Town in connection with Consultant's Services. Unless the action is brought by
Consultant or is based upon Consultant's negligence,Town will compensate Consultant for the
preparation and the testimony at Consultant's standard hourly rates, if requested by Town and not
part of the litigation brought by Town against Consultant.
22. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof,the court in such litigation shall award reasonable costs
and expenses, including attorneys'fees,to the prevailing party. In awarding attorneys'fees,the
court will not be bound by any court fee schedule,but shall, if it is in the interest of justice to do
so,award the full amount of costs, expenses,and attorneys'fees paid or incurred in good faith.
23. Mediation. The parties will make a good faith attempt to resolve any disputes
arising from this Agreement through mediation prior to initiating litigation. The parties shall
mutually agree upon a mediator and shall share the costs of mediation equally. If the parties are
unable to agree upon a mediator,the dispute shall be submitted to JAMS/ENDISPUTE
("JAMS")or its successor in interest. JAMS shall provide the parties with the names of five
qualified mediators. Each party shall have the option to strike two of the five mediators selected
by JAMS and the mediator thereafter remaining shall hear the dispute.
24. Time of the Essence. Time is a Material Consideration of this Agreement.
Notwithstanding the foregoing, in no event will Consultant be responsible for
damages or considered in default due to delays beyond Consultant's reasonable
control.
25. Written Notification. Any notice,demand,request,consent, approval or
communication that either party desires or is required to give to the other party shall be in
writing and either served personally or sent by prepaid, first class mail. Any such notice,
demand,etc. shall be addressed to the other party at the address set forth hereinbelow. Either
party may change its address by notifying the other party of the change of address. Notice shall
be deemed communicated within 48 hours from the time of mailing if mailed as provided in this
section.
If to Town: Town Manager
Town of Tiburon-Town Hall
1505 Tiburon Blvd
Tiburon, CA 94920
If to Consultant: Henry Doll, Vice President
TRC Engineers, Inc.
1850 Gateway Blvd, Suite 1000
Concord, CA 94520
26. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers,books of account, invoices,
vouchers,canceled checks, and other records or documents evidencing or relating to charges for
services, or expenditures and disbursements charged to Town for a minimum period of three(3)
years, or for any longer period required by law, from the date of final payment to Consultant.
B. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three(3)years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours,upon written request by the Town Attorney, Town Auditor,Town Manager, or a
designated representative of any of these officers. Copies of such documents shall be provided
to Town for inspection when it is practical to do so. Otherwise, unless an alternative is mutually
agreed upon, the records shall be available at Consultant's address indicated for receipt of notices
in this Agreement.
D. Town may,by written request by any of the above-named officers,require
that custody of the records be given to Town and that the records and documents be maintained
in the Town Manager's office. Access to such records and documents shall be granted to any
party authorized by Consultant,Consultant's representatives,or Consultant's successor-in-
interest.
E. Pursuant to California Government Code Section 10527, the parties to this
Agreement shall be subject to the examination and audit of representative of the Auditor General
of the State of California for a period of three (3) years after final payment under the Agreement.
The examination and audit shall be confined to those matters connected with the performance of
this Agreement including,but not limited to,the cost of administering the Agreement.
27. Equal Employment Opportunity. Consultant is an equal opportunity employer and
agrees to comply with all applicable state and federal regulations governing equal employment
opportunity. Consultant will not discriminate against any employee or applicant for employment
because of race, age, sex,creed, color, sexual orientation,marital status or national origin.
Consultant will take affirmative action to ensure that applicants are treated during such
employment without regard to race,age, sex, creed, color, sexual orientation,marital status or
national origin. Such action shall include,but shall not be limited to,the following:
employment,upgrading, demotion or transfer; recruitment or recruitment advertising; lay-offs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Consultant further agrees to post in conspicuous places, available to employees
and applicants for employment,notices setting forth the provisions of this nondiscrimination
clause.
28. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all
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 performance of work and/or services
covered by this Agreement, and should any liability or sanctions be imposed against Town for
such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse Town for the
cost of all such liabilities or sanctions imposed,together with any and all costs, including
attorneys'fees, incurred by Town.
29. Section Headings. The headings of the several sections, and any table of contents
appended hereto, shall be solely for convenience of reference and shall not affect the meaning,
construction or effect hereof.
30. Town Not Obligated to Third Parties. Town shall not be obligated or liable for
payment hereunder to any party other than the Consultant.
31. Remedies Not Exclusive. No remedy herein conferred upon or reserved to Town
is intended to be exclusive of any other remedy or remedies, and each and every such remedy,to
the extent permitted by law, shall be cumulative and in addition to any other remedy given
hereunder or now or hereafter existing at law or in equity or otherwise.
32. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect,then such provision or
provisions shall be deemed severable from the remaining provisions hereof,and such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
33. No Waiver Of Default. No delay or omission of Town to exercise any right or
power arising upon the occurrence of any event of default shall impair any such right or power or
shall be construed to be a waiver of any such default of an acquiescence therein; and every
power and remedy given by this Agreement to Town shall be exercised from time to time and as
often as may be deemed expedient in the sole discretion of Town.
34. Successors And Assigns. All representations, covenants and warranties set forth
in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be
binding upon and inure to the benefit of such party, its successors and assigns.
35. Exhibits. This Agreement includes that following Exhibits,which are attached
hereto and incorporated herein by reference:
A. Exhibit A: Scope of Work
B. Exhibit B: Compensation—Rates and Schedules
C. Exhibit C: Insurance Requirements
D. Exhibit D: Construction Management Consultant Requirements,with
Attachment 1.
36. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
37. News Releases/Interviews. All Consultant and subconsultant news releases,
media interviews,testimony at hearings and public comment shall be prohibited unless expressly
authorized by Town.
38. Venue. In the event that suit shall be brought by either party hereunder,the
parties agree that trial of such action shall be held exclusively in a state court in the County of
Marin,California.
39. Authority. All parties to this Agreement warrant and represent that they have the
power and authority to enter into this Agreement in the names,titles, and capacities herein stated
and on behalf of any entities,persons, or firms represented or purported to be represented by
such entity(ies),person(s),or firm(s) and that all formal requirements necessary or required by
any state and/or federal law in order to enter into this Agreement have been fully complied with.
Furthermore,by entering into this Agreement, Consultant hereby warrants that it shall not have
breached the terms or conditions of any other contract or agreement to which Consultant is
obligated,which breach would have a material effect hereon.
40. Governing Law. The laws of the State of California shall govern the interpretation
of this Agreement.
41. This Agreement may be executed in several counterparts, each of which shall
constitute one and the same instrument and shall become binding upon the parties when at least
one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it
shall not be necessary to produce or account for more than one such counterpart.
42. IN WITNESS WHEREOF,the parties hereby have executed this Agreement on
the day first above written:
TOWN OF TI ° R CONSULTANT
By. ,
Town Nfan er _ --
By:
Title: Hank Doll Vice President
Date: C)`r Date: 8/28/19
CONSULTANT
By:
Title:
APPROVED AS TO-FOI Date:
By.
Town Attorney
EXHIBIT A
Scope of Work
TASK I-ON-CALL ENCROACHMENT PERMIT INSPECTION
VC&A will provide a qualified construction inspector to perform inspection of projects performed
under Town Encroachment Permit(s). Our inspector will have the proper understanding of standards
for the Town of Tiburon, including Marin County Standards, as well as the Manual of Uniform Traffic
Control Devices (MUTCD). Our inspector will have a minimum of 5 years of experience in inspecting
projects of similar size and scope and will be responsible for inspecting the work as it pertains to the
Town's permit conditions. This generally consists of reviewing Traffic Control devices and restoration
of public facilities (e.g. roadways and sidewalks). Our inspector will photo document the work,
including pre/post-construction when notice allows,and prepare a daily inspection report. Also included
in this scope is public relations; VC&A understands the value of providing personable and articulate
inspectors and such will be the case on this important contract.
Excluded from this scope is inspection of facilities owned by any utility company or other third
parties.
TASK 2-REVIEW AND APPROVE E&SCP AND PERFORM SITE INSPECTION
VC&A will provide a QSD well versed in State and County stormwater requirements to provide review
and approval of E&SCPs submitted to the Town for development projects.In addition,VC&A will have
a qualified QSD/QSP available to inspect permitted construction sites during implementation of
approved plans, as well as to perform routine compliance monitoring and pre/post event inspections
as necessary.
TASK 3-ON-CALL INSPECTION OF VARIOUS MINI-PROJECTS(CONSTRUCTION VALUE<$50K)
VC&A will provide a qualified part-time construction inspector to perform inspection ofvarious mini-
projects performed as a distinct Town project issued to Town-selected construction contractors.This
work includes, but is not limited to repairs and/or upgrades to the Town's stormwater, sewer,roads,
paths, parks and sidewalks. Much of this work may be under traffic control. Sewer projects may
require coordination with Sanitary System 5.Prior to this work,the Town will notify TRC ofthe work
to be inspected to allow proper evaluation of conditions and requirements prior to work. Our
inspector will have the proper understanding of standards for the Town of Tiburon, including Marin
County Standards,as well as the Manual of Uniform Traffic Control Devices(MUTCD)as it relates to
this work. Our inspector will have a minimum of 5 years of experience in inspecting projects of
similar size and scope and will be responsible for inspecting the work our inspector will photo
document the work, including pre/post-construction when notice allows, prepare a daily inspection
report and document any change orders. Also included in this scope is public relations as noted in
task 1.
EXHIBIT B
Compensation
Rates and Schedules
As specific projects have not been identified for this On-Call contract an overall cost is not
provided; however,TRC will provide the above services on a Time&Material basis using this
2019 Fee Schedule:
..._..-.
Classification Hourly Bill Rate
Principal $200 - $275
Proiect Manager _---------____-. _. $175 - $275
Engineer $155 - $275
Resident Engineer $150 - $210
Structures Representative $190 - $200
Construction Manager $125 - $175
Landscape Architect-Registered _ _ $185 - $195
Scheduler $300 - $350
Resident Engineer $150 - $210
- - --...... _._._._._... _--......._....._..-_..._.._..-. -------....._.......-_....._..--------- _
Assistant Resident Engineer-Non-Prevailing $100 - $180
Wage
Assistant Resident Engineer-Prevailing Wage $145 - $208 ____...........
.... - ......1-1 . ..
Construction Inspector-Non-Prevailing Wage _ $125 - $175 _
Construction Inspector_Prevailing Wage $150 - $183 -
Material Tester-Non-Prevailing Wage $125 - $140
-- -------------------.._--_....._.._..---------- .... --- - ---- ---.._.-.-- _.
Material Tester-Prevailing Wage $135 - $175
-.-.-..____----.._....---------.......-----...... --....__-------.__....._-------_ -
Estimator $135 - $165
Office Engineer/Contract Administrator $95 - $155
__..._......__.___.._
Office Technician $70 - $110
Administrative $55 - $110
Interns-Field & Office $50 - $65
Explanation of Rates
1. Rates are valid through June 2020.All rates are straight-time rates and subject to the nature of
the assignment and experience of personnel.
2. Resident engineers mayor may not be licensed engineers in the State of California,as required by
the project.
3. Our employees are compensated in conformance with prevailing wage requirements and the
California Labor Code. We bill for our services in the same manner.
4. Rates do not include Other Direct Costs required by the project such as Per Diems, Document
Control and/or Scheduling Software and specialized equipment
5. Vehicles are invoiced as Other Direct Costs at$7.00 per hour or$1,200 monthly.
EXHIBIT C
Insurance Requirements to Agreement for Consultant Services
Re: MASTER AGREEMENT WITH TRC ENGINEERS, INC.
Consultant shall, at all times it is performing services under this Agreement,provide and
maintain insurance in the following types and with limits in conformance with the requirements
set forth below. Consultant may use existing coverage to comply with these requirements. If
that existing coverage does not meet the requirements set forth here, Consultant shall amend,
supplement or endorse the existing coverage to do so. The insurance coverage and policy limits
set forth in this section constitute the minimum amount of coverage required. Any insurance
proceeds available to Consultant in excess of the limits and coverage required in this Agreement
and that is applicable to a given loss will be available to Town. Consultant shall submit proof of
insurance in compliance with this Agreement prior to beginning work, which proof shall be
subject to the review and reasonable approval of the Town Attorney. The Town's failure to
object to non- compliance with the insurance requirements herein shall not constitute a waiver of
said non- compliance. In the event of any loss that is not insured due to Consultant's failure to
comply with said requirements, Consultant shall be personally responsible for any and all losses,
claims, suits,damages, defense obligations and liability of any kind incurred by Town as the
result of such failure.
1. Commercial General Liability Insurance,occurrence form,using Insurance
Services Office("ISO") "Commercial General Liability" policy form CG 00 01 or an approved
equivalent. Defense costs must be paid in addition to limits. Coverage must apply to completed
operations. There shall be no cross-liability exclusion for claims or suits by one insured against
another. Limits are subject to review,but in no event shall be less than$2,000,000 (Two Million
Dollars)each occurrence and general aggregate where limits can be met through a combination
of the underlying Commercial General Liability and Excess Liability policies;
2. Business Auto Coverage on ISO Business Automobile Coverage form CA 00 01
including symbol 1 (Any Auto)or an approved equivalent. Limits are subject to review,but in no
event shall be less than$2,000,000 (Two Million Dollars)combined single limit where limits can
be met through a combination of the underlying Commercial General Liability and Excess
Liability policies. If Consultant or its employees will use personal autos in any way in
connection with performance of the Services, Consultant shall provide evidence of personal auto
liability coverage for each such person.
3. Workers Compensation on a state-approved policy form providing statutory
benefits as required by law with employer's liability insurance,with minimum limits of
$1,000,000(One Million Dollars)per occurrence.
4. Excess or Umbrella Liability Insurance(Over Primary) if used to meet limit
requirements shall provide coverage at least as broad as specified for the underlying coverages.
Any such coverage provided under an umbrella liability policy shall provide primary coverage
above a maximum self-insured retention for liability not covered by primary but covered by the
umbrella. Coverage shall be provided on a "pay on behalf of basis,with defense costs payable
in addition to policy limits. Policy shall contain a provision obligating insurer at the time
insured's liability is determined,not requiring actual payment by insured first. Coverage must
apply to completed operations. There shall be no cross-liability exclusion precluding coverage
for claims or suits by one insured against another.
Coverage shall be applicable to Town for injury to employees of Consultant, subconsultants or
others involved in performance of the Services. The scope of coverage provided is subject to
reasonable approval of Town following receipt of proof of insurance as required herein. Limits
are subject to review but in no event less than$2,000,000 (Two Million Dollars)per occurrence
and policy aggregate.
5. Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against negligent acts, errors or
omissions of the Consultant in the rendering or failure to render Professional Services and
"Covered Professional Services" as designated in the policy must include the type of work
performed under this Agreement. The policy limit shall be no less than$2,000,000 (Two Million
Dollars)per claim and in the annual aggregate.
Insurance procured pursuant to these requirements shall be written by insurers that are authorized
to transact the relevant type of insurance business in the State of California and with an A.M.
Bests rating of A- or better and a minimum financial size VII. The insurers must waive all rights
of subrogation against Town, its elected or appointed officers, officials, employees.
6. General conditions pertaining to provision of insurance coverage by Consultant.
Consultant and Town agree to the following with respect to insurance provided by Consultant:
A. Consultant will provide an endorsement modifying the insurance required
by Sections 1, 2 and 4 herein to include as additional insureds the Town, its officers, elected
officials, employees,using ISO additional insured endorsement form CG 20 10 04 13 and CG 20
37 04 13. Said coverage shall be primary insurance with respect to the Town. Any insurance or
self-insurance maintained by the Town shall be excess of Consultant's insurance and shall not
contribute with it. Consultant shall require all contractors, and subcontractors to provide
equivalent endorsements of requirement insurance.
B. No liability insurance coverage provided to comply with this Agreement,
except the Business Auto Coverage policy, shall prohibit Consultant, or Consultant's employees,
or agents,from waiving the right of subrogation prior to a loss. Consultant shall waive
subrogation rights against Town regardless of the applicability of any insurance proceeds, and to
require all contractors and subcontractors to do likewise.
C. All insurance coverage provided by Consultant and available or applicable
to this Agreement are intended to apply to the full extent of the policies. Nothing contained in
this Agreement or any other agreement relating to Town or its operations limits the application of
such insurance coverage.
D. The General liability policy shall not contain any provision or definition
that would serve to eliminate so-called "third party action over" claims, including any exclusion
for bodily injury to an employee of the insured or of any contractor or subcontractor.
E. All coverage types and limits required are subject to reasonable approval,
modification and additional requirements by Town, as the need arises upon Consultant's prior
written approval, and Town shall be responsible for the cost of any additional insurance required.
Consultant shall not make any material reductions in scope of coverage (e.g. elimination of
contractual liability or reduction of discovery period)that may affect Town's protection without
Town's prior written consent.
F. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional insured
endorsement to Consultant's general liability policy, shall be delivered to Town at or prior to the
execution of this Agreement. In the event such proof of any insurance is not delivered as
required, or in the event such insurance is canceled at any time and no replacement coverage is
provided, Town may terminate this agreement in accordance with Section 18 of the Agreement.
G. Certificate(s)are to reflect that the insurer will provide 30 days notice to
Town of any cancellation of coverage. Consultant agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail written
notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to
being required)to comply with the requirements of the certificate.
H. With the exception of Professional Liability and Workers Compensation/
Employer's Liability, All insurance coverage required to be provided by Consultant or any
subcontractor,is intended to apply first and on a primary, noncontributing basis in relation to any
other insurance or self-insurance available to Town.
I. Consultant shall ensure that subconsultants, and any other party involved
with the Services who is brought onto or involved in the Services by Consultant,provide the
same minimum insurance coverage required of Consultant;provided,however that only
subconsultants performing professional services will be required to provide professional liability
insurance. Consultant shall monitor and review all such coverage and assumes all responsibility
for ensuring that such coverage is provided in conformity with the requirements of this section.
Consultant shall, upon request, submit all agreements with subcontractors and others engaged in
the Services to Town for review.
J. Consultant shall not self-insure any portion of the insurance required
herein and further agrees that it will not allow any contractor, subcontractor, architect,consultant
or other entity or person in any way involved in the performance of work on the Services
contemplated by this agreement to self- insure its obligations to Town.
K. The Town reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Consultant ninety(90)days
advance written notice of such change. If such change results in additional cost to the
Consultant, and Town requires Consultant to obtain the additional coverage,Town will pay
Consultant the additional cost of the insurance.
L. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
M. Consultant acknowledges and agrees that any actual or alleged failure on
the part of Town to inform Consultant of non-compliance with any insurance requirement in no
way imposes any additional obligations on Town nor does it waive any rights hereunder in this
or any other regard.
N. Consultant will endeavor to renew the required coverages for a minimum
of three years following completion of the Services or termination of this agreement and, if
Consultant in unable to do so, Consultant will notify Town at least thirty days prior to the
cancellation or expiration of the policy or policies.
O. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered shall be
submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to
this effect is acceptable. A certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new coverage must be provided to
Town within five days of the expiration of the coverages.
P. The provisions of any workers' compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees that any
statutory immunity defenses under such laws do not apply with respect to Town, its officers,
elected officials,employees,agents, and volunteers.
Q. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a waiver
of any coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue, and is not intended by
any party or insured to be limiting or all-inclusive.
R. These insurance requirements are intended to be separate and distinct from
any other provision in this agreement and are intended by the parties here to be interpreted as
such.
S. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts with or
impairs the provisions of this Section.
T. Consultant agrees to be responsible for ensuring that no contract entered
into by Consultant in connection with the Services authorizes,or purports to authorize, any third
party to charge Town an amount in excess of the fee set forth in the agreement on account of
insurance coverage required by this agreement. Any such provisions are to be deleted with
reference to Town. It is not the intent of Town to reimburse any third party for the cost of
complying with these requirements. There shall be no recourse against Town for payment of
premiums or other amounts with respect thereto.
U. Consultant agrees to provide notice to Town of any claim or loss against
Consultant arising out of the work performed under this agreement. Town assumes no
obligation or liability by such notice,but has the right(but not the duty)to monitor the handling
of any such claim or claims if they are likely to involve Town.
EXHIBIT D
Construction Management Consultant Requirements
The Consultant agrees to the following standards and practices in performance of engineering
construction management duties. Construction Management services include inspection,testing,
and construction management,for a project in its entirety. Specifically,the work shall include
the following:
1. Pre-Construction Meeting. Conduct the pre-construction meeting, which will include the
Town, the resident engineer, the design engineer, contractor, and major subcontractors.
Prepare agenda and minutes for the pre-construction meeting. The preconstruction
meeting shall include a discussion of all items which might jeopardize funding for the
proj ect.
2. Gather, distribute and file contact information sheet containing names and contact
information for local agency/consultants/contractor including a contact list of key
personnel to be contacted in the event of an emergency on the project. Provide copies to
fire,police and other emergency groups at the beginning of the project.
3. Project Meetings. Conduct and document progress meetings and other special technical
meetings. Prepare agenda describing key issues, schedule status, potential change orders.
Prepare minutes of the weekly meetings.
4. Schedule Management. Review contractor's as-planned schedule for conformance with
the specifications and for reasonableness of activity durations and sequence. Coordinate
review comments by the Town and the design engineer and transmit review comments to
the contractor. Meet with the contractor to discuss and clarify any significant issues.
Review revised schedules as required. Review work progress as compared to the as-
planned schedule and notify contractor of schedule slippage. Analyze schedule to
determine impact of the weather and change orders on the construction schedule. Review
contractor's updates of the construction schedule which incorporates actual progress,
weather delays, and change order impacts.
S. Maintain Project Records. Maintain project records including daily logs, weekly report of
working days, inspection reports, compliance testing results, photos, measurement of
quantities, schedules and correspondence. Project records shall be kept in an organized
manner with an index that describes each file category.
6. Daily diaries shall be kept up to date. Daily Diaries shall contain:
a. Names of labor, equipment identification and employer identification.
b. Labor classification (e.g., laborer, carpenter, operator, etc.) and equipment
classification (e.g., make and model) necessary for proper documentation
including segregating the work hours for labor and equipment by each item, extra
work(CCO#)and dispute (NOPC#).
c. Daily occurrences in the field including conversations with the
contractor, weather conditions,etc.).
d. Author's printed name, author's signature and date.
7. Weigh master certificates shall be validated by the inspector at the point of delivery.
8. On a weekly basis, submit a brief report to the Town on the progress of the project. The
report shall be in the form in set forth in Attachment 1 to this Exhibit G or such other
form as the Town may approve. Provide Town with a copy of the weekly statement of
working days.
9. Prepare Monthly Reports. Prepare and submit to the Town a monthly progress report
including construction progress summary, construction cash flow and payments, and
summary logs for proposed change orders(PCO's)and change orders.
10. Review Monthly Progress Payments. Evaluate the monthly progress payment requests
from the Contractor, negotiate differences over payment, and recommend payment to the
Town. Progress payment documentation shall provide a suitable accounting trail to
support documentation for contract work (e.g., items, CCOs, etc.) back to a source
document (e.g., Q sheet). Quantity pay sheet calculations shall be checked by a separate
individual, other than the inspector and quantities paid shall be monitored and checked
against estimated quantities.
11. Check and confirm certified payrolls and conduct and document employee interviews.
Payrolls shall be checked and initialed by the inspector. Inspector diaries and payrolls
shall be spot-checked and compared by the resident engineer. Interviews shall be
conducted at a regular acceptable frequency and interviews include the appropriate
signatures and dates.
12. DBE and UDBE goals compliance shall be checked by the resident engineer as required
by funding source.
13. Buy America Requirements shall be checked for all federally funded projects.
14. Environmental documents shall be maintained on file. The inspector and resident engineer
shall ensure the construction project adheres to mitigation requirements in the
environmental documents.
15. The inspector and resident engineer shall ensure the traffic control plan requirements are
being followed.
16. Requests for Information (RFIs) and Requests for Clarifications (RFCs). Coordinate and
manage the RFI and RFC evaluation and response process. This includes log, transmit to
the design engineer for response, coordinate with design engineer on field status, track
progress,review response,and transmit response to contractor.
17. Potential Change Orders (PCOs) and Change Orders. Coordinate and manage the change
orders process, including log, review in conjunction with design engineer and Town,
assist with determination of changed conditions and scope definition as needed, assist
with negotiation,and incorporate change orders into the construction contract.
18. Coordinate Submittal and Shop Drawing Review Process. Coordinate and manage the
submittal/shop drawing review process. This work includes log, transmit to design
engineer for response, coordinate with design engineer on field status, track progress,
review response, and transmit response to contractor.
19. Permits Compliance. Monitor Contractor compliance with construction permits and
CEQA mitigation measures. Coordinate with design engineer for compliance.
Recommend course of action to Town if required measures are not being met by the
Contractor.
20. Monitor Construction Record Drawings. Monitor construction record drawings
maintained by the Contractor and inspector on a regular basis.
21. Claims Management. Analyze potential claims for additional compensation that are
submitted during the construction period and make recommendations to resolve them.
Perform claims administration, including coordination and monitoring claims response
preparation, logging claims,and tracking claims status.
22. Field Inspection. Provide construction inspection to monitor the Contractor's work for
compliance with the contract documents.
23. Photograph or Video Documentation. Prepare a video or photo documentation of initial
site conditions prior to Contractor's commencement of construction. Provide additional
photos of construction progress.
24. Field Changes. Document field changes to the Drawings and Specifications.
25. Inspection Reports. Prepare and review Daily Inspection Reports. Each daily inspector
report shall be reviewed signed by the resident engineer.
26. Geotechnical Observation. The Construction Manager Consultant will provide or
subcontract for geotechnical observation and testing and materials testing.
27. Substantial Completion and Punch List. Construction Manager Consultant will schedule
with Town and the design engineer, to conduct substantial completion inspections and
issue punch lists.
28. Project Documents. Construction Manager Consultant will provide the Town with a
complete set of all records of the project, indexed and properly filed, and a listing of
warranties provided under the project including the items covered and the warranty
duration.
29. Notice of Completion. Prepare the final pay estimate and balance change orders, prepare
the Notice of Completion,and coordinate retention release.
Attachment 1 to EXHIBIT D
Town of Tiburon
Project Name
CONSTRUCION MANAGER'S WEEKLY REPORT
WEEK ENDING XXXXXXXX
CONTRACT INFORMATION:
Contractor: XXXXXXXXX Contract Amount- $ $$$$$$$
Approved Contract Change Orders- $0.00 Pending CCO's—XXXXXXXX
Contractor Progress Payments to date—## Pending$$$$$$$
Contract Starting Date—XXXXXXXX
Total Working Days—## Working Days used by end of this week—##
WORK COMPLETED THIS PAST WEEK:
SUBMITTALS:
LOOKING AHEAD TO NEXT WEEK:
PUBLIC INQUIRIES OR COMMUNICATIONS:
PROJECT ISSUES/PROBLEMS OR CONTRACTOR DIFFICULTIES:
Construction Manager: — Date: