HomeMy WebLinkAboutAgr 2006-09-2006 (CSW Stuber-Stroeh)
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AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE PROVISION OF AS-NEEDED MUNICIPAL ENGINEERING and
CONSTRUCTION MANAGEMENT SERVICES
TIDS AGREEMENT is made and.' entered into by and between the TOWN OF
TIBURON, a Municipal Corporation of the State of California ("Town") and CSW / StuBER-
STROEH ENGINEERING GROUP, INC., a California Corporation ("Consultant").
. RECITALS
A. The Town occasionally requires civil engineering, construction management, land
surveying and similar services ("Services") that cannot be provided by the Town's in-house
staff and therefore wishes to engage a qualified independent contractor to provide such
services on an as-needed basis.
B. Consultant has the skill, experience, ability, background, certification and knowledge to
provide the Town with the necessary Services.
C. The parties wish to contract for the Consultant to provide said Services to the Town as
provided herein.
NOW, THEREFORE, in consideration of the mutual agreements contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and intending to be legally bound hereby, the parties agree as follows:
AGREEMENT:
1. Scope of Service. Subject to the terms and conditions set forth in this Agreement,
Consultant shall provide to Town the Services described below and further detailed in Exhibit A
(which is attached hereto and incorporated herein by reference), as directed by the Town. To the
extent that there are any conflicts between the provisions described in Exhibit A and this
Agreement, this Agreement shall control. This Agreement is to enable the Town to obtain
professional and technical assistance on short notice on an as-needed basis from Consultant at the
Town's discretion, but does not commit the Town to request or pay for any Services.
As the Town Engineer may direct, Consultant will provide, without limitation, the following
Services:
A. Administrative Duties
. Prepare written reports and attend meetings and present information to the Town Council,
Public Safety Commission, or Planning Commission.
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Agreement For As-Needed Municipal Engineering And Construction Management Services
. Analyze the Town's needs and prepare and administer long and short-range capital
improvement programs consistent with the economic capabilities of the Town to include
the preparation of the "CIP" book.
. Attend staff level meetings with Town statI: public officials, community leaders,
developers, contractors and the general public.
. Review and provide written comments on planning policies and land development and use
matters.
. Recommend and prepare regulations and ordinances pertaining to development,
engineering, construction, architectural and other matters.
. Provide technical advice to Town personnel related to all matters of municipal engineering,
including but not limited to civil, transportation, traffic, soils, and structural engineering.
. Establish working relationships and coordination with other public agencies, the public and
utility companies involving public works, municipal engineering, and landscape matters.
B. Municipal Engineering and Capital Projects
. Prepare plans, specifications and estimates for Town projects.
. Administer Town projects, including but not limited to traffic, pavement, buildings, tenant
improvement, recreational parks, storm drain and utility projects.
. Provide special reports regarding such matters as capital improvements, construction
materials, and maintenance.
. Process the plans and specifications through other agencies for review and approval in
connections with special funding programs and permit requirements.
. Provide all necessary bidding and construction management and inspection services.
C. Land Use, Surveying, and Development Review
. Review, check and provide written recommendation on land use applications to the Town
Engineer.
. Review tentative and final maps and other proposed development submittals and provide
recommendations as to public works, municipal engineering, and landscape matters.
. Check all improvement plans for public works, municipal engineering, and landscape
improvements under the jurisdiction of Town.
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Agreement For As-Needed Municipal Engineering And Construction Management Services
. Establish performance, labor and material bond amounts, when required, and require the
posting of such securities and other development fees within the proper time sequence of
developt:nent review.
. Prepare the needed documentation for agreements and covenants related to subdivision
requirements.
. Provide field observation as a Town Agent during the construction of such improvements
by private developers and at the proper time, recommend notices of completion and
acceptance of the work.
. Provide such necessary and related functions as are the normal practice in the review of
private developments.
. Provide land surveYing expertise and expertise on legal matters related to surveYing and
real property.
D. Construction Management and Construction Observation
. Act as a Town Agent to receive and process requests for construction observation services.
. Act as a Town Agent, provide construction and maintenance observations associated with
work performed within Town streets, medians, slopes, and parks.
. Check engineering plans and specifications, and provide construction management,
administration (e.g. change order, progress payment), and observation for Town projects
designed by others.
. Provide on-call construction contract administration and construction observation.
E. Other Professional Services
. Provide other professional services as authorized by the Town.
Consultant shall provide the services within a reasonable time, place, and as directed by the Town
Engineer.
2. Compensation. Town hereby agrees to pay Consultant for all of the services
rendered under this agreement using one of three payment mechanisms: Lump Sum task-based,
Time and Material, or Percentage of Town PermitlProcessing Fees. The Town will, at its
discretion, choose the most appropriate mechanism prior to work beginning. Consultant will have
the option of accepting or rejecting this payment mechanism. If Consultant rejects the mechanism,
the Town may elect to accomplish the work by other means.
. Under Lump Sum compensation, the Town will direct Consultant to establish a fee to
'complete the task or project requested by the Town.
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Agreement For As-Needed Municipal Engineering And Construction Management Services
. Under Time and Material compensation, the Consultant will submit invoices for payment
based on job classification and hourly rates listed in Exhibit B. For each project Consultant
performs using this compensation mechanism, the Town will establish a maximum total
fee. Hourly rates will match the work being performed. The Consultant may submit
annual adjustments to the rates, which the Town must approve in writing before taking
effect.
. Under Percentage of Town PermitlProcessing Fees, the Consultant will charge by the Time
and Material, not to exceed a predetermined percentage of the latest Town-established
permit/processing fee, to complete the requested task. Applicable work for this mechanism
includes public work encroachment issuance and inspection
Total compensation for the life of this agreement shall not exceed $1,000,000.00.
3. Effective Date and Term. The effective date of this agreement is
S ~Z9t Z ~ ~ 2006, provided that Consultant shall not commence any work under
this agreement unless and until Town provides Consultant with a written notice to proceed. This
agreement shall terminate December, 30, 2009.
4. Billings. Consultant shall submit monthly invoices to the Town describing its
services and fees, by task, provided during the previous month. Invoices shall correspond to the
payment mechanism selected by the Town. Consultant shall not bill the Town for duplicate
services performed. Consultant~s monthly bills shall include, at the minimum, the following
information: A brief description of services performed by tasks and sub-tasks, percent completion
of each task and in total for the month (if applicable), . fee earned amount of the tasks and subtasks
for the months (if applicable), hours (if applicable), totals to date, and the. Consultant's signature.
If necessary, the invoice shall also contain a brief description of any costs incurred. The invoice
format shall be approved by the Town in advance.
5. Status Reports. Consultant shall provide the Town with weekly written reports of
all developments arising during performance of its services hereunder.
6. Providing Services. Consultant shall assign only qualified, competent personnel to
perform services pursuant to this agreement. If Town asks Consultant to remove a person assigned
to the work called for under this agreement, Consultant agrees to do so immediately regardless of
the reason, or the lack of a reason, and replace the personnel to the satisfaction of the Town.
7. Assismment and Subcontracting. A substantial inducement to Town for entering
into this agreement was, and is, the professional reputation and competence of Consultant. Neither
this agreement nor any interest therein may be assigned by Consultant without the prior written
approval of the Town.
8. Insurance. On or before beginning any of the services or work called for by any
term of this agreement, Consultant, at its own cost and expense, shall carry, maintain for the
duration of the agreement, and provide proof thereof that is acceptable to the Town, the insurance
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Agreement For As-Needed Municipal Engineering And Construction Management Services
specified in subsections (a) through (c) below with insurers and forms of insurance satisfactory in
all respects to the Town. Consultant shall not allow any subcontractor to commence work on any
subcontract until all insurance required of the Consultant has also been obtained for the
subcontractor.
(a) Workers' Compensation. Satisfactory Workers' Compensation Insurance and Employer's
Liability Insurance for any and all persons employed directly or indirectly by Consultant
shall be provided with limits not less than one million dollars ($1,000,000.00). In the
alternative, Consultant may rely on a self-insurance program to meet these requirements so
long as the program of self-insurance complies fully with the provisions of the California
Labor Code.
(b) Commercial General and Automobile Liability. Consultant, at Consultant's own cost and
expense, shall maintain commercial general and 8;utomobile liability insurance for the
period covered by this agreement in an amount not less than one million dollars per
occurrence ($1,000,000.00), combined single limit coverage for risks associated with the
work contemplated by this agreement. The Town Attorney shall have discretion to lower
this limit for projects that s/he finds, in her sole discretion, to have relatively low risk. If a
Commercial General Liability Insurance or an Automobile Liability form or other form
with a general annual aggregate limit is used, either the general annual aggregate limit shall
apply separately to the work to be performed under this agreement or the general annual
aggregate limit shall be at least twice the required occurrence limit. Such coverage shall
include but shall not be limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to property resulting from
activities contemplated under this agreement including the use of owned and non-owned
automobiles.
No endorsement shall be attached limiting the coverage.
Each of the following shall be included in the insurance coverage or added as an
endorsement to the policy:
(i) Town, its officers, employees, agents, and volunteers are to be covered as
additional insureds as respects to each of the following: Liability arising out of
activities performed by or on behalf of Consultant, including the insured's general
supervision of Consultant; products and completed operations of Consultant;
premises owned, occupied or used by Consultant; or automobiles owned, leased,
hired, or borrowed by Consultant. The coverage shall contain no special limitations
on the scope of protection afforded Town, its officers, employees, agents, or
volunteers.
(ii) The insurance shall cover. on an occurrence or an accident basis, and not on a
claims made basis.
(Hi) An endorsement must state that coverage is primary insurance and that no other
insurance affected by the Town will be called upon to contribute to a loss under the
coverage.
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Agreement For As-Needed Municipal Engineering And Construction Management Services
(iv) Any failure of Consultant to comply with reporting provisions of the policy shall
not affect coverage provided to Town and its officers, employees, agents, and
volunteers.
(v) Insurance is to be placed with California-admitted insurers with a Best's rating of
no less than A: Vll.
(vi) Written notice of cancellation or non-renewal must be received by Town at least
thirty days prior to such change, ten days notice if cancellation is due to
nonpayment of premium.
(vii) The policy must contain a cross liability or severability of interest clause.
(c) Professional Liabilitv. Consultant, at Consultant's own cost and expense, shall maintain
professional liability insurance for licensed professionals and staff under direction of
licensed professional perf<?rming work pursuant to this agreement in an amount not less
than one million dollars ($1,000,000.00) covering Consultant~s errors and omissions, as
follows:
(i) Written notice of cancellation must be mailed to the Town at least thirty days prior
to cancellation and shall be included in the coverage or added as an endorsement to
the policy.
(ii) The following provisions shall apply if the professional liability coverages are
written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the
date of the agreement.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the agreement or the work.
3. If coverage is canceled or not renewed and it is not replaced with another
claims made policy form with a retroactive date that precedes the date of
this agreement, Consultant must provide extended reporting coverage for a
minimum of five years after completion of the work. The Town shall have
the right to exercise at the Consultant's cost, any extended reporting
provisions of the policy should the Consultant cancel or not renew the
coverage.
4. A copy of the claim reporting requirements must be submitted to the Town
prior to the commencement of any work under this agreement.
(d) Town~s Remedies. In addition to any other remedies Town may have if Consultant fails to
provide or maintain any insurance policies or policy endorsements to the extent and within
the time herein required, Town may, at its sole option:
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Agreement For As-Needed Municipal Engineering And Construction Management Services
(i) Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the agreement;
(ii) Order Consultant to stop work under this agreement or withhold any payment
which becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof;
(iii) Terminate this agreement.
Exercise of any of the above remedies is an alternative to other remedies Town may have,
and is not the exclusive remedy for Consultant's failure to maintain insurance or secure
appropriate endorsements.
( e) Consultant shall submit evidence of compliance with the insurance and endorsement
requirements of this Section for the approval of the Town Attorney.
9. Consultant's Responsibility. Town is retaining Consultant in reliance on its
representations that it has the skills, experience and knowledge necessary to perform the work
agreed to be performed under this agreement in a competent manner. Acceptance by Town of the
work performed under this agreement does not operate as a release of said Consultant from
responsibility for the work performed. It is further understood and agreed that Consultant is
apprised of the scope of the work to be performed under this agreement and Consultant agrees that
said work can and shall be performed in a fully competent manner in accordance with the standard
of practice applicable to Consultant's profession.
If the Town determines, at its sole opinion, the Consultant does not progress with the completion
of the scope of work in a competent manner, the Town may terminate this agreement at its sole
discretion.
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10. Indemnification. Consultant shall indemnify and hold Town, its officers,
employees, and agents harmless from and against any and all liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or
damage to proJX1rty, or any violation of applicable federal, state or municipal law or ordinance, or
other causeVaris~ out of the willful or negligent acts or omissions of Consultant, its employees,
subcontractors, or agents, or on account of the performance or character of this work, except for
any such claim arising solely out of the negligence or willful misconduct of the Town, its officers,
employees, or agents. It is understood that the duty of Consultant to indemnify and hold hannless
includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance
of insurance certificates and endorsements required under this agreement does not relieve
Consultant from liability under this indemnification and hold harmless clause. This
indemnification and hold harmless clause shall apply whether or not such insurance policies shall
have been determined to be applicable to any of such damages or claims for damages.
11. Licenses. If a license of any kind having terms intended to include evidence of
registration is required of Consultant, its employees, agents, or subcontractors by Federal or State
law, Consultant warrants that such license has been obtained, is valid and in good standing, and
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Agreement For As-Needed Municipal Engineering And Construction Managemerit Services
Consultant shall keep it in effect at all times during the terms of this agreement, and that any
applicable bond has been posted in accordance with all applicable laws and regulations.
12. Termination. The rown may terminate this Agreement immediately for violation of
any provision thereof and/or may terminate it without cuase upon fifteen (15) days written notice
to Consultant. In the event of termination, Consultant shall be entitled to compensation for
services performed to the effective date of termination; provided, however, that the Town may
condition payment of such compensation upon Consultant's delivery to the Town of any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or the Town in connection with this agreement.
13. Abandonment bv Consultant. Fifteen (15) days written notice must be given to the
Town in the event Consultant decides to cease performing services under this agreement or
otherwise abandons the project prior to completing all of the services described in this agreement.
Consultant shall, without delay, deliver to Town all materials and records prepared or obtained in
the performance of this agreement, and shall be paid for the reasonable value of the services
performed up to the time of cessation or abandonment, less a deduction for any damages or
additional expenses which Town incurs as a result of such cessation or abandonment.
14. Ownership of Materials. Upon payment therefor, any and all documents, including
draft documents where completed documents are unavailable, or materials prepared or caused to
be prepared by Consultant pursuant to this agreement shall be the property of the Town at the
moment of their preparation. All materials and records of a finished nature, such as final plans,
specifications, reports, and maps, prepared or obtained in the performance of this agreement, shall
be delivered to and become the property of Town. All materials of a preliminary nature, such as
survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the
performance of this agreement, shall be made available~ upon request, to Town at no additional
charge and without restriction or limitation on their use consistent with the intent of the original
design, and without liability to Consultant for changes, alterations, or use by Town thereof in a
manner not intended hereby.
15 Conflict of Interest. Consultant warrants and covenants that Consultant presently
has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the
services required under the provisions of this agreement a violation of any applicable State, local,
or Federal law. In the event that any conflict of interest should nevertheless hereinafter arise,
Consultant shall promptly notify the Town Attorney of the existence of such conflict of interest so
that the Town may determine whether to terminate this agreement. Consultant further warrants its
compliance with the Political Reform Act (Gov. Code ~ 81000 et seq.) respecting this agreement,
and that it has not place any undue influence upon Town staff or representatives concerning this
agreement. In addition, Consultant possesses no authority with respect to any Town decision
beyond the rendition of information, advise, recommendation or counsel.
limitation consistent with the intent of the original design, and Town shall not be required to pay
any additional fee or royalty for such materials or records. The license reserved by Town shall
continue for a period of fifty years from the date or execution of this agreement unless extended by
operation of law or otherwise.
17. Time is of the Essence. Consultant agrees to diligently prosecute the services to be
provided under this agreement to completion and in accordance with any schedules specified
herein. In the performance of this agreement, time is of the essence. Consultant shall be not
responsible for delays outside Consultant's control.
18. Compliance with Laws. In the performance of this agreement, Consultant shall
abide by and conform to any and all applicable laws of the United States and the State of
California, and the Town of Tiburon Municipal Code and all ordinances of the Town. Consultant
warrants that all work done under this agreement will be in compliance with all applicable safety
rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations.
19. Discrimination. In the performance of the terms of this Agreement, Consultant
shall not engage in nor permit others it may employ to engage in discrimination in the employment
of such persons based on race, color, religion, sex, sexual preference, age, or handicapped
conditions.
20. Independent Contractor Status. In performing any Services under or relating to this
Agreement, Consultant is an independent contractor and not an employee of the Town. Consultant
shall not represent, at any time or in any manner, that Consultant is an employee of the Town.
21. 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.
22. Attornev's Fees. In the event of any breach of this Agreement, the party aggrieved
shall be entitled to recover from the party who breaches, in addition to any other relief provided by
law, such costs and expenses as may be incurred by said party, including court costs, reasonable
attorney's fees, and other costs and expenses, taxable or otherwise, reasonably necessary in
preparing the defense of: defending against, or seeking or obtaining an abatement of: or an
injunction against, such action or proceeding, or in enforcing this Agreement, or in establishing or
maintaining the applicability ot: or the validity of: this Release, or any provision thereof, and in the
prosecuting any counterclaim or cross-complaint based thereon.
23. Notices. All notices under this Agreement shall be in writing and shall be delivered
by personal service or by certified or registered mail, postage prepaid, return receipt requested, of
the parties. Any written notice to any of the parties required or permitted hereunder shall be
deemed to have been duly given on the date of service if served personally or if served by
facsimile transmission (with confirmation of receipt), or seventy-two (72) hours after the mailing.
Rejection or other refusal to accept or the inability to deliver because of changed address of which
no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or
request sent. Notices of the parties shall be addressed as follows:
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Agreement For As-Needed Municipal Engineering And Construction Management Services
To Consultant:
AI Cornwell, President
CSW / Stuber-Stroeh Engineering Group, Inc.
790 De Long Avenue
Novato, CA 94945
Tel. 415-892-4763
Fax. 415-892-4502
To Town:
Nicholas Nguyen, Public Works Director / Town Engineer
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
Tel. (415) 435-7388
Fax (415) 435..2438
Each party shall provide the other party with telephone and written notice of any change in
address as soon as practicable.
24. No Third-Party Rights. The parties intend not to create rights in, or to grant
remedies to, any third party as a beneficiary of this agreement or of any duty, covenant, obligation,
or undertaking established herein.
25. Whole Aszreement. This agreement has 11 pages excluding the exhibits described
on its signature page. This agreement constitutes the entire understanding and agreement of the
parties. This agreement integrates all of the terms and conditions mentioned herein or incidental
hereto and supersedes all negotiations or previous agreements between the parties with respect to
all or any part of the subject matter hereof.
26. Amendments. This Agreement may be modified or amended only by a written
document executed by both Consultant and the Public Works Director and approved as to form by
the Town Attorney; otherwise by the Town Council. Such document shall expressly state that it is
intended by the parties to amend the terms and conditions of this agreement.
27. Interpretation. This Agreement shall not be construed in favor of or against either
party but shall be construed as if all parties prepared this Agreement. The masculine and neuter
genders, the singular number and the present tense shall be deemed to include the feminine gender,
the plural number and past and future tense, respectively, where the context so requires.
28. Controlling Law. The laws of the State of California shall govern this Agreement.
In the event that a dispute arises between the parties, Marin County shall be the venue for
resolving said dispute.
29. 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 JAMSIENDISPUTE ("JAMS")
or its successor in interest. JAMS shall provide the parties with the names of five qualified
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Agreement For As-Needed Municipal Engineering And Construction Management Services
mediators. Each party sball have the option to strike two of the five mediators selected by JAMS
and the mediator thereafter remaining shall hear the dispute.
30. . Successors in Interest Assiq;nment. This Agreement shall be binding on the
assigns and successors in interest.to both parties. Neither party may assign their obligations under
this Agreement without the written consent of the other party.
31. Severability. Should any part of this agreement be declared by a :final decision by a
court or tribunal of competent jurisdiction to be unconstitutional., invalid, or beyond the authority
of either party to enter into or carry out, such decision sba1l not affect the validity of the remainder
of this agreement, which shall continue in full force and effect, provided that the remainder of this
agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the
intentions of the parties.
32. Counteroarts. This Agreement may be executed in multiple identical counterparts,
each of which shall be deemed an original, but all of which together will constitute one and the
same instrument but the parties agree that the agreement on file in the Office of the Town Clerk is
the version of the agreement that sball take precedent should any differences exist among
co~ of the docmnent.
IN WITNESS WHEREOF, Consultant has executtrd this agreement, and the Town, by its
Acting Town Administrator, who is authorized to do so, ~ executed this agreement.
Dated:: q / ~ z,! () t,
CONSULTANT
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TItle.. . .
TOWN OF TIBURON
Dated:
q. ~9. 6 b
By:
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Heidi Bigall
Interim Town Manager
Attachments:
Exhibit A, Scope of Work to provide As-Needed Municipal Engineering
and Construction Management Services for the Town ofTiburon.
Exhibit B, Hourly Rates
APPhl;Vro A~ 7Q fC ((ct'
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Agreement For As-Needed Municipal Engineering And Construction Management Services
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EXHIBIT A
SCOPE OF SERVICES
c.
TASKS AND SPECIAL SERVICES TO MEET AGENCY NEEDS
Technical Qualifications: CSW/St2 has extensive experience in the pl~nning and design of
complicated infnlstructure projectS. Our ability to work well with stakeholders to plan cost effective,
functional and appropriate solutions has resulted in many projects completed on time and within
budget. We are service-oriented firm. Our project manageIS strive to go beyond the clients'
expectations with our attention to detail and overall project approach. We look at the overall
~~l1p.nge within a specific project and determine how the project fItS into the larger picture can help
focus the project's efforts in an effICient way. This approach allows us.to tackle smallerphases of
proje,ctS as well as large ones without creating redundant work.
We are sensitive to the impact that a construction project can have on a community; and always look
for ways to minirni7p' dismption to any nearby residents, wotkers and other affected parties. Beyond
this, we also strive to create projects and environnients that work not only functionally, but .
aesthetically, too, resulting in pleasing environments that meet or exceed the goals set out for
efficiency, cost-effectiveness, practicality and e~ of maintenance. "
CSW/St2 employs 57 people and brings specialized experience to the design of infranrqcture projectS
for public agencies. Our civil engineering staff brings specialized experience to grading, drainage,
utilities, and roadway design, and is well acquainted with numerous agencies on the heal, state and
federal-levels. CSW/St2 offers additional seIVices in the areas of st.rUCtUnll engineering, J3nd
planning, landscape architecture, swveying, and constnJCtion management. 1hese services are
provided independently or in addition'to civil engin~ring services. Often, an additional need or a '
question from another service area will arise on a project and it is quickly resolved in-house ntther
than requiring the services' of another fmn.
Focus on the Marin Community: CSW/St2 has a long and successful tnlCk-reconi of work within
the public sector. Some of our recent and current public clients include the aties of San Rafael,
Novato, Petaluma and Vallejo; the Marin Municipal Water District, North Marin Water District, and
Stinson Beach Qnmty Water District, and Sanitation Districts in Vallejo, Novato, San Rafael and
Ttburon. We are pleased to be under consideration by the Town of Tiburon and are genuine in our
desire to bring our "can-do" approach to working with you and your staff.
Approach to Our Work: Clearly defining the Scope of Services we will provide to our clients is very
important to us. This establishes our accurate understanding of any project we take on - and helps
us to determine the best comse of action to satisfy the project's objectives anti e<<eeayour .
expectations for our performance. Upon selection of CSW /St2 for any project we ~uld look for
ways to fullyundeIStand the issues to be addressed, aU budgetaryand schedule requirements for the
project, and any background information that may exist to help us to determine the panuneters of
the project, the keyplayers involved, and aU other pertinent information available to us.
Recognizing the absence of a specific project to focus on, we are including a gener.al statement about
how we would approach our work within each area of the anticipated project types identified in the
Request for 'Proposal. This is followed by an example of a recent Project Understanding and Scope
of Services we developed for a cwrent municipal client.
Traffic Safety Improvements: Review the ovemll tndIic conditions in a specifIC area, stUdyexisting
patterns, and develop alternatives to improve the conditions.
Street Resurfacing: Swvey existing pavement conditions, investigate trc1ffic levels, and recommend
improvements to roadway conditions. '.
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EXHIBIT A
SCOPE OF SERVICES
Utility Undergrolftl4iftg: WOtK with the Town and individual neighborhoods to develop
underground conversion districts which Will include boundary determination, trench composite
design, and liaison between the various utility companies and the project owner.
Storm Drain ImprovementS and Master Plan: Review Town-wide existing stOnn drain system,
develop hydrologic studies for specific areas, and recommend improvements to existing system.
COrporation Yard Improvements: Review existing site plan and conditions, evaluate st:metural
integrity of buildings, and develop a master plan for ovenill improvements that relate to building
safety and function, site conditions, and existing utility facilities, wom. with the Town to develop a
master plan for the improvementS to the existing corporation ycml
CASE STUDY EXAMPLE: In light of the absence of a specifIC project to focus on - due JO the
wide variety of services and projects described in the Town's RFQ - we present the following
Project Understanding and Scope of WOtK developed recently for a current client's sanitarysewer
project to give you a realistic idea of how we define our Unde~ding of a project, the .Objectives to
be achieved, and our Approach to accomplishing those Objectives. We would expect to approach
our 'WOm. for the Town of'TIburon similarly:
I. PROJR~ T1N1lRR~ANTl1NG
The (Oient District) desires to implement a project that will replace the existing sanitary
sewer pump station constroeted in the early 1970's. The existing station is located at (project
location) and is a Can- Tex unit similar to a Gorman- Rupp T series. The existing sanitary
sewer discharge piping (6" FM), although sufficient for a five-year event, is not adequate for a
20-~ar event. lhe downstrearil system will have to be analy.z.ed to determine what
improvenients or modifICations will be required so that the system can handle a 20-year event.
PreliminaIy investigations have noted that main alignment or a previously slipped lined pipe
could be causing the batkup. As part of CSW/St2's proposal, we will develop a plan to
investigate and remedy the situation.
The Plan is to build a new submersible station next to the existing station (on the east side)
ntili71ng the existing easeD;lfIlL The station will include a below grade wet well and valve vault
with sunace level ~ to both. This area does have conflicts with existing facilities (sanitary
sewer and storm drainage), but a plan can be developed to provide a clear area for the
proposed pump station. One idea would be to run a temporary bypass around the wom. area
to keep the existing station in operation during consuuction of the new station so that there
will not be any disruption of service to the area. A new control panel equipped with an
automatic transfer switch and a radio telemetry unit per District's specifICations will be
installed. If the existing standby generator is found to be inadequate or needs major
rehabilitation, a new standby genetator will be installed.
An aspect of the new station that we will need to study is one of aesthetics. Providing a
streamline looking station and a highly functional and secure one is always a concern. H you
refer to the next tabbed section of this proposal you can see by the previous pump stations
that we have designed that we have been sensitive to that task. CSW/St2 will relyon our past
experience to develop a plan that will be acceptable to the District and the neighborhood.
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EXHIBIT A
SCOPE OF SERVICES
The District will process 'a CEQA exemption. The consuhant analyzing and designing the
improvements will not be required to process a pennit application. C)W/St2 will assist the
, District if requested.
ll. ~COP'R OF WORK
~W /Stuber-Stroeh Engineering Group, Inc will provide the District with the following
services associated with the preparation of the improvement plans and documentation for
the constrUCtion of the pump station improvements, which includes the design of the pump
station and associated sanitary sewer upgr.Wes.
A PRFT TMTNARY TNVRSnGA nON;
1. Stuping Meetinll Ki&k..()jf
a. Meet with District (to discuss our understanding of the project
description.
Items to discuss will be pump station location and physical'
constraints and overall system operation and events that limit
District operations.
2. Mapping
a. Estab~h horizontal and vertical control throughout the project
area for use in analysis, design and construetion.
b. ReseaIch existing utilities by contaeting utility companies and
developing an ov:~nn area base that includes all known utilities to .
the extent possibie.
c. Field sUlV~Y existing located utilities, topographic features
(walkwa:ys, buildings, outfaDs, roadways, rUm, inverts) and other
visible'features to extent possible.
d. Prepare base map for use in analysis, design, and constrUCtion.
3. Hydrallic Ana!J.ris
. a. CSW/St2 will p~rnine the physical aspects of the existing system..
This will be pedouned by~ual observations, field
measurements, and flow calculatDns. WIth these fmdings we will
develop a design to enable the District to pump at a higher level,than currently allowed We will then meet with the District to
discuss our fmdings and recommendations.
4. Potholing
a. PedoIUl potholing of existing utilities at selective locations to
verify actUal location and depth. That information will be used
for design purposes. For the pmpose of this proposal, the task of
potholing will be based on ten (10) potholes.
5. Projtd Examill4tion/V""lopment
a. Develop preliminary la}Uut for pump station site and a plan for
keeping the existing station in operation.
b. Prepare a prelimiruuy la}Uut for the installation of improvements
to increase the flow capacity of the existing system.
c. Prepare esti~f'P<I costs analysis for each segment of design (pump
station and pipeline).
d. Meet with District (2 Meetings) to determine scope and procedure.
B. ~ROTRrHNTCAT TNVFSTIGATION - (prnvitL:od f'htnl1gh Snhr.nncnlt~nf')
1. Evaluate soil conditions for installation of the proposed pump station.
Two borings to a depth of 30' are planned. ;" ,
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EXHIBIT A
SCOPE OF SERVICES
2.
Evaluate soil conditions for the possible installation of a new discharge line
from the pump station. Two (2) borings are planned to a depth of 20'. ,
Prepare a Geotechnical Investigation Report for submittal to the District
for its review. The report will include discussions on the fonowing subjects:
a. Evaluate soil conditions for installation of the proposed Pump
Station and
Sanitary Sewer Improvements.
b. Site preparation and grading recommendations.
c. Foundation type and design criteria for pennanent structures.
d. Trench backfill recommendations.
e. Settlement.
f. Geotechnical drainage considemtions.
3.
C. mNSTRTrrTONnmJMFNTS
Upon approval of pre~imirul1Y layout of the pump station and ~, of the
existing sanitary sewer' system, ~W/St2 will begin to prepare conStruction
documents suitable for bidding purposes. The construetion documents will contain
the following infonnation:
1. Plan and profile of proposed sanitary sewer discharge ~ligJ1t~nts required
for upgnuJe.
2. Plan and required sections for, sanitary sewer pump station, including the
necessary installation details for all pumps, piping, and controls racks.
3. Electrical power conduits, controls, and instrumentation. Dtawings and
specifications will ~clude locations, sizes, connections, wiring diagrams,
and descriptions .of Units. '
4. StruCt11I3l details forme constmction of the pump station. Details will
include croSS,. sections and all required connections in and around the pump
station. '
5. Prepare contract,documents for submittal at 50oA" 90%, and 100%.
6. Meetings/consultations with District - 3 meetings.
, 7. Public hearing - 1 meeting.
We estimate that the set of drawings for this project will be ammged as follows:
. Cover Sheet (1 ~heet)
. pian/ProfIle for sanitary sewer at 1" '= 20' (2 Sheets)
. Details (1 Sheet)
. Pump Station Site Plan (1 Sheet)
. Pump Station Detailed Site Plan (1 Sheet)
. struct:utal Plan (2 Sheets)
. Electrical Plan (4 Sheets)
. Mechanical Plan (2 Sheets)
. Miscellaneous DetaiJs (2 Sheets)
. Landscape Plan (if required - 1 Sheet)
D. ~PECJFf~ATIONS
1. Prepare Technical Specifications for project based on the Construction
SpecifIcation Institute (~I) page fonnats.
2. Review and modify the District Standard Provisions.
3. Prepare Bid Sheet.
E.
OPTNTONS OFPRORARTF mN\TRTrrTONrnslS
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EXHIBIT A
SCOPE OF SERVICES
CSW/St2 will prepare an Opinion of Probable Construction Costs at the 50% and
1000/0 stages. 'These estimates will be based on the proposed bid items.
F. RmnTNG PR()("FSS
C5W/St2 will assist the DistriCt in advertisement of bids, pre-bidding meeting (1),
and evaluation of bids.
G. mNSTRITCTION ADMTNJSTRA1l0N / OR<\FRVA1l0N
This portion of the, Scope of Services ~ not included in the RFP cost breakdown
and is addressed as a sepantte cost proposal item.
1. Attend construction meetings and provide District consultation during
constrUCtion.
2. Submittal review.
3. Site observations for concrete, electrical, mechanical equipment.
4. Respond to cont.ractors' requests for information.
5. Provide assistance for possible change orders.
6. Perform final punch list inspection. .
7. Provide set of record drawings based on C:SW/Stuber-Stroeh's, District's,
and ContnlCtOts fIeld notes.
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CSW
[St]2
EXHIBIT B
TEL: (415) 892-4763
FAX: (415) 892-4502
(415) 898-5530
vrww.cswst2.com
CSW /Stuber-Stroeh Engineering Group, Inc.
Engineers. Land Planners · Surveyors · Landscape Architects
ROIT.T.Y 'R A TR~ AND RTf.T.TNt: POT.ICY
Effective thru August 31,2007 the following hourly rates win be charged for services rendered
ENGINEERING
Principal
EngineerManager
Senior Engineer
Project Engineer V
Project Engineer IV
Project Engineer ill
Project Engineer il
Project Engineer I
Engineer V
Engineer IV
Engineer ill
Engineer il
Engineer I
Senior Designer
Designer IV
Designer III
Designer II
Designer I
Technician IV
Technician ill
Technician IT
Technician I
Project Assistant n
Project Assistant I
ROITRI.Y RA TES
$180.50
171.00
152.00 - 175.75
152.00
142.50
133.00
118.75
100.70
127.30
108.30
93.10
85.50
77.90
142.50
109.25
99.75
92.15
79.80
85.50
80.75
76.00'
64.60
63.65
57.95
I,ANDSCAPE ARCRlTECTITRE
Principal
Senior Planner
Planner V
Planner IV
Planner III
Planner n
Planner I
Landscape Architect V
Landscape Architect IV
Landscape Architect In
Landscape Architect n
Landscape Architect I
La:qdscape.Designer ill
Landscape Designer IT
Landscape Designer I
RNVIRONMENTAI. PI.ANNING
Principal
Project Environmental Planner
Environmental Planner
Computer Technician I Trainer $143.45
Expert Witness I Arbitration services are available at a negotiated ra1e.
SURVEYING
Survey Supervisor
Two-Man Survey Party
Three-Man Survey Party
Two-Man G PS Survey Party
$160.00
$225.00
$330.00
$307.00
Two-Man Survey Party - Overtime I Saturday
Two-Man Survey Party - Sunday I Holiday
All expenses for transportation will be charged at cost plus service charges at the rate of 1 0%.
ROITRI.V RA TES
$180.50
152.00 - 171.00
152.00
136.80
.
128.25 - 133.00
118.75
104.50
137.75
123.50
104.50
84.55
76.00
93.10
78.85
76.00
ROTJRT.V RATES
$180.50
128.25
111.15
$307.00
$383.00
Filing fees, checking fees, prints, and other l1utdJ II! ,.M t(! will be charged at cost, plus service charges at the rate of 1 ()oA..
. Billing will be monthly. Invoices are due and payable upon presentation. Interest at the rate of 1.5% per month
commencing thirty (30) days after invoice date will be charged on delinquent accountS.
CSW IStuber-Stroeh Engineering Group, Inc. reserves the right to suspend work on any project when invoices have not
been paid within thirty (30) days after having been rendered. : I j
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T...... ofTlb1lroft Hourly Rabs-wpd
790 DeLong Avenue, Novato, California 94945
1310 Redwood Way, Suite 200, Petsluma, Califomia 94954