HomeMy WebLinkAboutAgr 2010-10-26 (Winzler & Kelly)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 WINZLER &
KELLY, 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. Examples of the Services are set forth in Exhibit A to this
Agreement, which is attached hereto and incorporated herein by reference.
B. The Town may request Consultant to provide Services that constitute design professional
services within the meaning of Civil Code Section 2782.8. Consultant has the skill,
experience, ability, background, certification and knowledge to provide the Town with
both the design professional and non-design professional 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 in Exhibit A, which is attached hereto
and incorporated herein by reference, as directed by the Town Engineer. 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.
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 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.
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Agreement For As-Needed Municipal Engineering And Construction Management Services
• Under Lump Sum compensation, the Town will direct Consultant to establish a fee to
complete the task or project requested by the Town.
• 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
cDC-T~93~ ZG z4 , 2010, 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 October 2013.
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. Assignment 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.
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Agreement For As-Needed Municipal Engineering And Construction Management Services
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
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 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 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.
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Agreement For As-Needed Municipal Engineering And Construction Management Services
(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.
(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 ANIL
(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 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 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.
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Agreement For As-Needed Municipal Engineering And Construction Management Services
(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:
(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.
10. Indemnification.
(a) As described in Exhibit A, the Services may include design professional services.
Consistent with California Civil Code Section 2782.8, when the Services to be provided
under this Agreement are design professional services to be preformed by a design
professional, as that term is defined under said section 2782.8, Consultant shall, to the
fullest extent permitted by law, indemnify, defend (with counsel acceptable to the Town)
and hold harmless Town, and its employees, officials, volunteers and agents ("Indemnified
Parties") from and against any and all losses, claims, damages, costs and liability arising
out of any personal injury, loss of life, damage to property, or any violation of any federal,
state, or municipal law or ordinance, that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of Consultant, its officers, employees, agents, sub-
consultants or subcontractors in said performance of professional services under this
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Agreement For As-Needed Municipal Engineering And Construction Management Services
Agreement, excepting only liability arising from the sole negligence, active negligence or
intentional misconduct of Town.
(b) Other than in the performance of design professional services by a design professional,
which shall be solely as addressed by subsection (a) above, and to the full extent permitted
by law, Consultant shall indemnify, defend (with counsel acceptable to the Town) and hold
harmless Town and any Indemnified Parties from and against any and all losses, claims,
damages, costs and liability arising out of any personal injury, loss of life, damage to
property, or any violation of any federal, state, or municipal law or ordinance, arising out of
the performance of this Agreement by Consultant, its officers, employees, agents,
volunteers, subcontractors or sub-consultants, excepting only liability arising from the sole
negligence, active negligence or intentional misconduct of Town.
(c) Acceptance by Town 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 to any
damages or claims for damages whether or not such insurance policies shall have been
determined to apply
(d) Notwithstanding anything in this section t the contrary, if a court of law determines that all
or a portion of any money damages are attributable to the negligence or willful misconduct
of Town or its officers, employees or agents, and such judgment becomes final, the Town
will reimburse Consultant to in proportion to the amount of fault ascribed to the Town by
said court.
(e) To the fullest extent allowed by law, Consultant's obligation to indemnify and hold
harmless under this section includes the duty to defend as set forth in section 2778 of the
California Civil Code).
(f) By execution of this Agreement, Consultant acknowledges and agrees to the provisions of
this Section and that it is a material element of consideration, and that these provisions
survive the termination of this Agreement
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
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 by Town. The Town may terminate this Agreement for violation of
any, provision if Consultant fails to remedy said violation within five days of receiving written
notice thereof. Town may terminate this Agreement without cause 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.
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13. Termination or 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 damages
or additional expenses which Town incurs as a result of such cessation or abandonment.
14. Ownership of Materials. Upon payment therefore, 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.
16. Copyrig_ht. 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 Town's rights to the materials and records prepared or obtained in the performance of this
agreement. Town reserves a license to use such materials and records without restrictions or
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.
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Agreement For As-Needed Municipal Engineering And Construction Management Services
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 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 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 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:
To Consultant: Lcx CUL~Ie-y- (insert name)
Winzler & Kelly
495 Tesconi Circle, Santa Rosa, CA 95401
Tel. 707-523-1010
Fax. 707-527-8679
To Town: Mr. Nicholas Nguyen, Public Works Director / Town Engineer
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
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Agreement For As-Needed Municipal Engineering And Construction Management Services
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 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 JAMS/ENDISPUTE ("JAMS")
or its successor in interest. JAMS shall provide the parties with the names of five qualified
mediators. Each party shall have the option to strike two of the five mediators selected by JAMS
and the mediator thereafter remaining shall hear the dispute.
30. Successors in Interest: Assi ng ment. 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
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Agreement For As-Needed Municipal Engineering And Construction Management Services
agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the
intentions of the parties.
32. Counterparts. 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 shall take precedent should any differences exist among
counterparts of the document.
IN WITNESS WHEREOF, Consultant has executed this agreement, and the Town, by its
Town Manager, who is authorized to do so, has executed this a Bement.
CONSULT
n
Dated: o Z o
By:
Name: C C`,
Title:
TOWN OF TIBURON
1 L)
Dated: Z G
° By:
Margaret rran
Town Manager
Attachments: Exhibit A, As-Needed Municipal Engineering and Construction
Management Services for the Town of Tiburon.
Exhibit B, Hourly Rates
APPROVED AS TO FORM
ANN DANFORTH
TOWN ATTORNEY
TOWN OF TIBURON
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Agreement For As-Needed Municipal Engineering And Construction Management Services
EXHIBIT A - DESCRIPTION OF SERVICES
As the Town Engineer may direct, Consultant will provide, without limitation, the following
Services:
1. Non-Design Professional Services
A. Administrative Duties
• Prepare written reports and attend meetings and present information to the Town Council,
Public Safety Commission, or Planning Commission.
• 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, 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.
• 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
• Administer Town projects, including but not limited to traffic, pavement, buildings,
tenant improvement, recreational parks, storm drain and utility projects.
• 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.
Pg. A-1/3
• Check all improvement plans for public works, municipal engineering, and landscape
improvements under the jurisdiction of Town.
• 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 agreements and covenants related to subdivision
requirements.
• Provide field observation 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
• Receive and process requests for construction observation services.
• Provide construction and maintenance field 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 non-design professional services as authorized by the Town.
2. Design Services
A. Administrative Duties
• Provide technical advice to Town personnel related to the design of all types of municipal
projects, including, without limitation, civil, transportation, traffic, soils and structural
projects.
Pg. A-2/3
B. Municipal Engineering and Capital Projects
• Prepare design plans, specifications and estimates for Town projects.
• Provide special reports regarding such matters as capital improvements, construction
materials, and maintenance.
C. Other Professional Services
• Provide other design professional services as authorized by the Town.
Pg. A-3/3
amrr Z
J3~~r WINZLER4Sw_KF_LLY
FEE SCHEDULE - CENTRAL-SOUTHWEST CALIFORNIA
(Effective February 2010)
Hourly Rates
Principal $ 210-265
Senior Project Engineer 130-260
Project Engineer 100-170
Staff Engineer 60-145
Senior Project Scientist
135-190
Project Scientist
90-135
Staff Scientist
85-100
Senior Planner
110-190
Staff Planner
80-120
3-Person Survey Crew
255-390
2-Person Survey Crew
170-270
1-Person Survey Crew
85-175
Construction Manager
120-190
Construction Inspector
85-145
Professional Land Surveyor
145-160
Staff Surveyor/LSIT
95-115
Technician
70-145
Designer
85-150
CADD
75-105
Project Administrator
75-135
Word Processor & Clerical Support
45-110
Employee time will be billed in accordance with the fees listed above. These rates are subject to
change on a semi-annual basis. For other than professional employees, time spent over 8 hours
per day, time spent on swing shifts, and time spent on Saturdays will be charged at 1.5 times the
hourly billing rate. Work on Sundays will be charged at 2.0 times the hourly billing rate and holiday
work will be charged at 2.5 times the hourly billing rate. All field personnel charges are portal to
portal. Professional employees will not be charged out at premium charge rates for overtime work.
Expenses and other similar project related costs are billed out at cost plus 15%. The cost of using
equipment and specialized supplies is billed on the basis of employee hours dedicated to projects. Our
rates are:
A. Office consumables $6.00/hr
B. Environmental Dept/Construction Inspector consumables $11.00/hr
C. Survey Field consumables $14.00/hr
D. Various Environmental, Construction and Land Surveying Equipment At market
Payment for work and expenses is due and payable upon receipt of our invoice. Amounts unpaid thirty
(30) days after the issue date of our invoice shall be assessed a service charge of one and one half
(1.5) percent per month.
These rates do not apply to for which Prevailing Wage obligations exist. If Prevailing Wage obligations apply, the fees will be adjusted
proportionate to the increase in the labor cost. NOTE: Hourly rates herein shown will be discounted for the Town of Tiburon by
5 percent for each TASK ORDER under the MASTER AGREEMENT.
Central-SW Fee Schedule 2010