HomeMy WebLinkAboutAgr 2006-09-22 (CSG Consulting)
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AGREEMENT FOR PROFESSIONAL SERVICES
FOR THE PROVISION OF AS-NEEDED MUNICIPAL ENGINEERING and
CONSTRUCTION MANAGEMENT SERVICES
THIS AGREEMENT is made and entered into by and between the TOWN OF
TIBURON, a Municipal Corporation of the State of California ("Town") and CSG
CONSULTANTS, INC., a California Corporation ("Consultant").
RECIT ALS
A. The Town occasionally requires civil engineering, constluction 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 follo\vs:
AGREEMENT:
1. Scope of Service. Subject to the terms and conditions set forth in this Agreenlent,
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 nleetings and present infonnation to the Town Council,
Public Safety Commission, or Planning Comnlission.
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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 staff, public officials, con1ffiunity leaders,
developers, contractors and the general public.
. Review and provide written comments on planning policies and land development and use
matters.
. Recolnmend 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 subnlittals 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
development review.
. Prepare the needed documentation for agreelnents 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 tiIne, 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 Permit/Processing Fees. The Town will, at its
discretion, choose the most appropriate mechanism prior to work beginning. Consultant \vill 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 cOlnpensation, 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 Permit/Processing 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
~"'" tS~fL. 'ZA- , 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. Billin2:s. 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 To\Vll 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. Assignment and Subcontracting. A substantial inducement to Town for entering
into this agreenlent 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 \vritten
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 linlits not less than one million dollars ($1,000,000.00). In the
alternative, Consultant nlay rely on a self-insurance program to Ineet these requirements so
long as the program of self-insurance complies fully with the provisions of the California
Labor Code.
(b) Cormnercial General and Automobile Liability. Consultant, at Consultant's own cost and
expense, shall maintain commercial general and automobile 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 lo\v 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.
(iii) 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 Tow'll 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: VII.
(vi) Written notice of cancellation or non-renewal must be received by Tow'll at least
thirty days prior to such change, ten days notice if cancellation is due to
nonpaYlnent of premium.
(vii) The policy must contain a cross liability or severability of interest clause.
( c) Professional Liability. Consultant, at Consultant's own cost and expense, shall maintain
professional liability insurance for licensed professionals and staff under direction of
licensed professional performing 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 claiIns made form:
1. The retroactive date of the policy must be sho\vn 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 Inust provide extended repo11ing 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 renledies 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 agreenlent.
Exercise of any of the above remedies is an alternative to other renledies 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 nlanner. 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 To\Vll may terminate this agreement at its sole
discretion.
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 property, or any violation of applicable federal, state or municipal law or ordinance, or
other cause arising 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 harmless
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 agreeInent does not relieve
Consultant from liability under this indemnification and hold hannless clause. This
indenmification and hold harmless clause shall apply whether or not such insurance policies shall
have been determined to be applicable to any of such dmnages or claims for damages.
11. Licenses. If a license of any kind having ternlS 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 Management 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 \vith all applicable laws and regulations.
12. Termination. The TO\\TIl 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 To\Vll 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 by 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 dmnages 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 agreeInent 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 Attonley 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 S 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 \vith respect to any To\vn decision
beyond the rendition of information, advise, recommendation or counsel.
16. Copyright. At Town's sole expense and upon Town's request, Consultant shall
execute appropriate documents to assign to the Town the copyright to work created pursuant to
this agreement. The issuance of patent or copyright to Consultant or any other person shall not
affect To\Vll's rights to the Inaterials and records prepared or obtained in the performance of this
agreement. Town reserves a license to use such nlaterials and records without restrictions or
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Agreement For As-Needed Municipal Engineering And Construction Management Services
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. Attorney'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 cou11 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 of, 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 confinnation 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:
Gordon Siebert, Vice President - Operations
CSG Consultants, Inc.
1700 South Amphlett Blvd., 3rd Floor
San Mateo, CA 94402
Tel. 650-522-2500
Fax. 650-522-2599
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 Agreement. 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 subj ect matter hereof.
26. Amendments. TIllS 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 docunlent 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 Agreenlent.
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 atteInpt to resolve any disputes
arising fronl this Agreement through nlediation prior to initiating litigation. The pmiies shall
mutually agree upon a mediator and shall share the costs of mediation equally. If the pa11ies 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
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Agreement For As-Needed Municipal Engineering And Construction Management Services
~1;:
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.
30. Successors in Interest Assignment. 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 shall 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. Counterparts. This Agreement Inay 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 instrunlent but the parties agree that the agreement on file in the Office of the Town Clerk is
the version of the agreement that shall take precedent should any differences exist among
counterparts of the document.
IN WITNESS WHEREOF, Consultant has executed this agreement, and the To\Vll, by its
Acting Tow'll Administrator, \vho is authorized to do so, has executed this agreement.
Dated:
q/It/O~
:~NSULT~
Name: C ' ,~"p~
Title: ~?
TOWN OF TIBURON
Dated:
C1 -.:;) d/ 0 ~
By:
~~. bA tR.:.-Y
Heidi Bigall
Interim Town Manager
Attachments:
Exhibit A, Scope of Work to provide As-Needed Municipal Engineering
and Construction Management Services for the To\Vll of Tiburon.
Exhibit B, Hourly Rates
APP~iuvfD AS TO FOHn"
~~~
. ANN DANFORTH
TO'NN ATTORNEY
T'" " r ;.~, ,-.. ',I
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Agreement For As-Needed Municipal Engineering And Construction Management Services
EXHIBIT A
SCOPE OF SERVICES
On-Call Engineering & Construction Management Services
Town of Tiburon
I. ADMINISTRATIVE DUTIES
TASK I-DATA GATHERING AND REVIEW
Assemble and review pertinent general plans, master plans, CIPs, infrastructure plans, specific
plans, and other documents relating to the Town, special districts, and utilities.
Identify all stakeholders and community organizations likely to participate in the process.
Identify existing proj ects and costs associated with each.
Identify existing available grants and funding.
Identify existing guidelines or criteria relating to establishment of priorities and funding by
internal and external agencies to be incorporated in a CIP priority matrix.
Review the Town's existing development fee structure and financial system.
Identify permitting requirements and regulatory agency involvement for each project.
Identify infrastructure needs outlined in the general plan.
Review Town operating budget to estimate operation and maintenance costs for inclusion with
proj ect descriptions in the CIP document.
Deliverables: One set of all documentation gathered and a summalY of research results
TASK 2 - VERIFY DEVELOP:MENT STANDARDS
Verify Town of Tiburon development standards for the maximum sizes of water mains, storm drains, street
improvements, etc., necessary for development projects. Research industry standards and standards used in
both nearby cities and by the County to determine whether any changes should be considered.
Deliverables: Recommendation on Development Standards
TASK 3 - DEVELOP PRELIMINARY COST ESTIMATES
Assemble baseline data from published standards and calculate unit costs (cost per foot, etc.)
Develop preliminary project description, including estimated size and scope, for each potential
CIP proj ect.
Estimate capital costs of each project, using standard cost estimating procedures. Adjust costs
to reflect the costs likely to be incurred based on bid results of local agencies.
Estimate operation and maintenance costs.
Deliverables: One set of Project Description Sheets
TASK 4 - DEVELOP PRIORITY MATRIX
CSG is experienced in helping juridictions select the projects that will be included in a Capital Improve-
ment Program, based on local priorities, preferences and funding considerations. We have found it helpful
to develop objective criteria to support recommendations and to serve as a guide, but not an absolute rule,
for project selection. We recommend that we work to establish a matrix with criteria to be used in ranking
the priority of CIP projects. Criteria will be based on staff and community input and will include factors
such as:
Public health and safety
Legal mandates
Economic development goals
Minimization of maintenance costs
Inclusion/ranking in master plans
Availability and impact of outside funding
Environmental enhancement
Deliverables: elP Priority Matrix
TASK 5 - DEVELOP DRAFT CIP
Assemble preliminary project list with consistent order of magnitude to minimize fluctuation in
resources.
: ~
, \
Evaluate the preliminary proj ect list to ensure the use of appropriate time frames for each
project, considering permitting and CEQA compliance requirements.
Review the preliminary project list to identify projects that may be advanced in the short term
that will result in econorriic development gains or significant cost reduction and therefore might
justify postponement of other larger projects.
Rank the projects in order ofprionty, subject to identified and available funds, using the prior-
ity matrix developed in Task 4.
Present preliminary project list to Director for review and comment.
Incorporate changes and publish Draft ClF, based on Director's input.
De/iverables: Draft CIP Document
TASK 6 - REVIEW & ADOPTION OF CIP
Conduct workshops with City Council and Planning Commission to review the draft CIP.
Finalize documents and recommend adoption, based on input from City Council and/or
Planning Commission, City Staff, stakeholders, and community at large.
Present final CIP to City Council for approval and adoptIon.
De/iverables: Final reproducible documents and electronic copy of CIP
II. MUNICIPAL ENGINEERING & CAPITAL PROJECTS
Scope of Work
Launching Stage
Understanding of the project and the City's goals and objectives
Early identification of stakeholders and developing stakeholder buy-in
Compliance with CEQA (and NEP A if required) procedures and mitigation measures
Claims and litigation avoidance - intentional focus as alternatives are considered
Understanding financial constraints/opportunities and resource allocation
Project Implementation
Partnership approach throughout: including designers, the environmental community, utilities,
other agencies, contractors, the general public, residents and business owners
Continuous coordination and communication with all stakeholders and policy makers
Community outreach, public participation and timely and broad notification
Proactive coordination with utility companies and permitting agencies
Close coordination with Town staff
Up-to-date cost estimates, with decreasing contingency set aside as scope is better defined
Realistic schedules and appropriate milestones with continuous monitoring
Familiarity with applicable local codes, design guidelines and standard plans
Value engineering & consultant peer review
Procedures and awareness of need for claims and litigation avoidance
Periodic meetings between CSG project manager and Town staff to monitor progress and respond
to changing priorities
Documentation and project reporting, including use of standardized Town software
Project Closeout
Finalizing contractor obligations
Completing record drawings
Auditab1e expenditure documentation, grant compliance, agency notifications
Final Project Report - project statistics, lessons learned, successful claims avoidance provisions,
etc.
ill. LAND USE, SURVEYING & DEVELOPMENT REVIEW
CSG's experienced team performs surveying work as part of our integrated package of services tailored to
meet our clients' needs. We act as City Surveyor for a number of cities, reviewing and approving
subdivision and parcel maps, lot line adjustments and other official documents.
Development Review Services
Typical plan review performed by CSG includes: subdivision maps, street and utility improveme;nt plans
for on- and off-site improvements, lot line adjustments and lot mergers, parcel maps, building. permit
applications, drainage (NPDES) applications, and any other applications requested for review. .:'?j y have
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professional engineers and licensed surveyors who can approve and sign maps and plans. Our staff has also
been involved in the coordination of various development applications and infrastructure plans with other
agencies and neighboring cities. We have established good working relationships with the development
community and construction industry. Specifically, our services can be selected from the following menu:
Tentative Map Review, to ensure conformance with City at;ld State ordinances, laws, and
standards. The deliverable from CSG's review will be a letter stating conditions recommended to
be imposed on the subdivision of land before the map is approved. CSG will also assist with
CEQA compliance.
Final Map Review, to include the following:
Monumentation for both existing and proposed comer and street monuments
Lot closure calculations
Easement identification and verification
Review of title report documents including adjoining deeds and recorded maps
Review final map and make recommendation for recordation
Review of conditions of approval to be fulfilled prior to final map recordation
Adj oinder deeds and record maps
Review of Geotechnical/Grading Issues
Review of geotechnical report
Conformance with subdivision and grading ordinance standards
Foundations and/or retaining walls
Haul routes
Compaction requirements
Review of pad compaction certification
Grading and benching design
NPDES compliance
Evaluate grading plan impact on adj acent sites
Review of Hydraulic and Hydrology Issues
Conformance with Town standards and NPDES mandates
Overland flow and storm water retention design
Underground storm drainage.system design
Workability with existing conditions and facilities
Compatibility of proposed site with existing drainage pattern
Review of Agency Utility,Systems (storm drainage, sanitary sewer)
Consistent with master plans
Consistent with Town standards
Consistent with hydrology and hydraulic calculations
Consideration of future connections
Review of Public Utility Systems (water, electrical, gas, telephone, CA TV)
to ensure conforniance with Town standards
Fire Dep"artment flow requirements
Electric power supply and related design issues
CATV location and related design issues
Gas supply and workability with existing facilities
Referral to and coordination with Town wastewater division regarding design and workability
with existing facilities
Street and area lighting
Joint trenching issues
Underground installation requirements or in-lieu fees
Location of meters, clean outs, and utility boxes
Roadway Design Issues
Conformance with Town standards
Conformance with Caltrans standards on State highways
Coordination with and inclusion of Caltrans review comments
Roadway structural sections and the geotechnical report recommendation
Roadway geometry
Traffic studies
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IV. CONSTRUCTION MANAGEMENT & INSPECTION
CSG will provide construction management services including project oversight and direction during
construction and inspection of all phases of construction, supervision of: materials sampling, testing and
field survey work, review change orders, maintenance of project schedule, field inspections, and review of
monthly progress payments to the contractor. Our inspectors are experienced in all types of construction
projects, including: highways and bridges, water and sewer systems, pump stations, storm drainage,
roadway work, traffic signals, and public buildings, such as police and fire stations, community and senior
centers, libraries and other municipal buildings. Our staff will follow the general principles of construction
and To\Vll standards with the following tasks, for all projects assigned to CSG:
Project coordination and correspondence. Our staff will serve as a focal point for coordination
and communication of all project issues.
Our staff will utilize systems CSG has developed to perform the record keeping and document control for
each project. CSG's system will provide at a minimum the following document control:
Maintaining proj ect files
Date and time stamping of all documents
Maintaining submittal 10 gs
Maintaining submittal distribution lists
RFI logs: submittal, review, and return
Correspondence logs and tracking
Tracking status of contract change orders
Tracking status ofRFls
Tracking progress pay estimates and overall project budget
Tracking potential claims
Tracking materials testing results and follow-up
Tracking other contract requirements
Documenting contractors' labor compliance performance
Approved "Schedule of Values" submitted by contractor
Monthly reports
Expenditure reports
Critical areas that CSG focuses on in the performance of our management role include the following:
Cost Estimating. Costs need to be estimated within each phase of design and continuing until
bids are accepted. Control of budgets can be done through reductions in contingency amounts
as information becomes I better knO\Vll; there should be an inverse relationship between
contingency percentage and plan completion percentage.
Schedule Management; Progress Meetings; Reports. The contractor's construction schedule
will be used as a tool to track construction progress and monitor construction delays.
Payment Recommendations. CSG reviews all contractor-provided schedule of values and
requests for payment.
Submittal Management. CSG track submittals by topic, number and date to avoid schedule
delays due to lack of timely responses.
Change Orders and Claims Management. Prior to construction, procedures and authority for
Contract Change Order approval shall be established with the To\Vll, so that the contractor
knows the construction manager is part of the team tasked with project completion, at a fair
price.
All field inspections are documented on field inspector's daily diaries in accordance with To\Vll procedures.
The inspector's responsibilities include:
Monitoring the contractor's work for general conformance with plans and specifications
Documenting the progress of work with daily diaries and photographs
Monitoring contract change order work in the field
Measuring and calculating quantities for progress payments
Preparing as-built record drawings.
Coordinating material testing
Reviewing and logging material testing results and addressing non-conforming tests
Coordinating surveying and construction staking
Filing and other job-related paperwork
Preparing punch lists and conducting final inspections
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Providing the Town with insight and input for solutions for conflict or problem areas
Quality Assurance Testing. CSG will schedule and coordinate quality assurance materials
testing with the appropriate company or agency. CSG has established relationships with several
Bay area firms and are comfortable in either using them as sub-consultants or in using and
managing a Town master consultant
Labor Compliance. CSG will verify the contractor's compliance with labor laws, including
interviewing workers, verifying certified payrolls, and monitoring subcontractor utilization for
compliance with DBE commitments, if any.
v. OTHER PROFESSIONAL SERVICES
CSG can provide design~ project management, design review, pavement management, operations man-
agement, staff augmentation or any other professional services that the Town may require. We provide a
seamless transition within your organization on a short or long term basis, be it project specific or for
changes in workload; we're there for our clients.
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EXHIBIT B
STANDARD
ENGINEERING FEES
$190
$250
Principal Engineer
Senior Engineer
Senior Project Manager
Associate Engineer
Assistant Engineer
Resident Engineer
Senior Construction Inspector*
Construction Inspector/Office Engineer*
Design Engineer
CAD Designer/Engineering Technician
Administrative Support
Land Surveyors - 2-person crew
Expert witness services
Additional Costs
Reproduction: Cost + 150/0
*Vehicle, cell phone and hand tools included
Other Items: Cost + 150/0
Note: Personnel assigned as "Staff Augmentation, 11 on a full time basis for an
period, may be charged at a reduced rate as mutually agreed by City and
EFFECTIVE: 01/06 Rev. 3