1924173.3 14537-001 2021-06-07 Atherton Model Contract for Services
CONTRACT FOR SERVICES
THIS CONTRACT is made on _October 31, 2023, by and between the TOWN OF ATHERTON (“City”), and Capital Program Management, Inc. (“Consultant”).
WITNESSETH:
WHEREAS, the City desires ___Project Management services for the Upper Atherton Channel Relining project, including design consultant selection through an RFP process, environmental review and permit coordination, consultant project management and oversight, and assistance with FEMA reimbursement for eligible activities; WHEREAS, the Consultant has presented a proposal for such services to the City, dated _October 31, 2023, (attached hereto as Exhibit A) and is duly licensed, qualified and experienced to perform those services;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICES:
A. Consultant shall do all work, attend all meetings, produce all reports and carry out all activities necessary to completion of the services described in Exhibit A. This Contract and its exhibits shall be known as the “Contract Documents.” Terms set forth in any Contract Document shall be deemed to be incorporated in all Contract Documents as if set forth in full therein. In the event of conflict between terms contained in these Contract Documents, the more specific term shall control. If any portion of the Contract Documents shall be in conflict with any other portion, provisions contained in the Contract shall govern over conflicting provisions contained in the exhibits to the Contract.
B. Consultant enters into this Contract as an independent contractor and not as an employee of the City. The Consultant shall have no power or authority by this Contract to bind the City in any respect. Nothing in this Contract shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors, or any other person resulting from performance of this Contract.
C. The Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
2. TERM OF CONTRACT
A. The services of Consultant are to commence upon full execution of this Contract, and shall be undertaken and completed in accordance with the Schedule of Performance attached hereto and incorporated herein by this reference as Exhibit B.
Contract for Services
Capital Program Management, Inc.
Upper Atherton Channel Relining Project
October 12, 2023
1924173.3 14537-001 2
2021-06-07 Atherton Model Contract for Services
B. Consultant’s failure to complete work in accordance with the Schedule of Performance may result in delayed compensation as described in Section 3.
C. The City Manager or his or her designee may, by written instrument signed by the Parties, extend the duration of this Contract in the manner provided in Section 5, provided that the extension does not require the payment of compensation in excess of the maximum compensation set forth in Section 3, Compensation.
3. COMPENSATION:
A. The Consultant shall be paid monthly for the actual fees and costs of services, but in no event shall total compensation exceed Sixty-Six 7housand dollars ($66,000), without City’s prior written approval. Consultant's fees shall be as specified in the Schedule of Fees, which is attached hereto an incorporated herein as Exhibit C.
B. Said amount shall be paid upon submittal of periodic billings showing completion of the tasks that month. Consultant shall furnish City with invoices for all expenses as well as for all materials authorized by this Contract. The invoices shall be submitted with the monthly billings.
If Consultant’s performance is not in conformity with the Schedule of Performance, payments may be delayed or denied, unless the Consultant’s failure to perform in conformity with the Schedule of Performance is a documented result of the City’s failure to conform with the Schedule of Performance, or if the Schedule of Performance is extended pursuant to Section 5.
C. If the work is halted at the request of the City, compensation shall be based upon the proportion that the work performed bears to the total work required by this Contract, subject to Section 4.
4. TERMINATION:
A. This Contract may be terminated by either party, provided that the other party is given not less than thirty (30) calendar days’ written notice (delivered by registered mail) of intent to terminate.
B. The City may temporarily suspend this Contract, at no additional cost to City, provided that the Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Contract.
C. Notwithstanding any provisions of this Contract, Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract by Consultant, and the City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due the City from Consultant is determined.
D. In the event of termination, the Consultant shall be compensated as provided for in this Contract, except as provided in Section 4C. Upon termination, the City shall be entitled to all work, including but not limited to, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date in accordance with Section 7 hereof.
Contract for Services
Capital Program Management, Inc.
Upper Atherton Channel Relining Project
October 12, 2023
1924173.3 14537-001 3
2021-06-07 Atherton Model Contract for Services
5. AMENDMENTS, CHANGES OR MODIFICATIONS:
Amendments, changes or modifications in the terms of this Contract may be made at any time by mutual written agreement between the parties hereto and shall be signed by the persons authorized to bind the parties hereto.
6. EXTENSIONS OF TIME:
A. Consultant may, for good cause, request extensions of time to perform the services required hereunder. Such extensions shall be authorized in advance by the City in writing and shall be incorporated in written amendments to this Contract or the attached Work Program in the manner provided in Section 5.
B. Delay. The Consultant shall at all times employ such force, plant, materials, and tools as will be sufficient, in the opinion of the City Engineer, to prosecute the Work at not less than the rates fixed under the terms of the Contract and to complete the Work thereof within the time limits fixed therein. If the Consultant refuses or fails to prosecute the Work, or any separable part thereof, with such diligence as will ensure the completion within the time specified in the Contract, or any extension thereof, or fails to complete said work within such time, City may exercise the termination provisions set forth herein.
C. Excusable Delay. Excusable delays shall be delays in the controlling operation of the Consultant's work due to strikes, lockouts by others, fire, earthquake, unusual delay in transportation, unavoidable casualties, adverse weather conditions which could not have been reasonably anticipated, epidemic or pandemic, or any other act(s) of God beyond the Consultant's control, or by delay authorized by the City, or by any cause which City shall decide to justify the delay. Except as provided below, in the event of an excusable delay, the time of completion shall be extended for such reasonable time as City may decide. The Consultant’s right to an extension of time for an excusable delay is expressly subject to Consultant’s giving written notice of such claim within fifteen (15) days as set forth below following the date the Consultant knew or should have known of the delay. Such notice shall include all of the following and be made in the following manner in order to be valid:
1. written documentation as to the asserted cause of the delay, including identification of parties (individuals, private entities or public entities) asserted to be responsible, with such parties' contact information and an explanation as to why such party is asserted to be causing a delay, and any written evidence of the delay asserted to be caused by such party;
2. a detailed description of mitigation efforts undertaken by the Consultant, or reasons why such mitigation efforts are not practical;
3. an estimate as to the anticipated length of delay and monetary impact caused by the delay in dollars;
4. if the asserted cause for delay involves government orders, directives or legal proceedings, a copy of all applicable orders and identification by court case number of any such legal proceeding with a general description as to why such orders or legal proceedings are asserted to be causing a delay; and
Contract for Services
Capital Program Management, Inc.
Upper Atherton Channel Relining Project
October 12, 2023
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2021-06-07 Atherton Model Contract for Services
5. notice must be submitted in writing to the City Engineer at City Hall before 5:00 p.m. on the fifteenth (15th) day following the date the Consultant knew or should have known of the delay. Failure to give such notice shall be construed as a waiver of such right. It is understood and agreed that extensions of time shall be the Consultant's sole and exclusive remedy for excusable delays.
7. PROPERTY OF CITY:
A. It is mutually agreed that all materials prepared by the Consultant under this Contract shall become the property of the City, and the Consultant shall have no property right therein whatsoever. Immediately upon termination, the City shall be entitled to, and the Consultant shall deliver to the City, all data, drawings, specifications, reports, estimates, summaries and other such materials as may have been prepared or accumulated to date by the Consultant in performing this Contract which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to the City which is in the Consultant’s possession.
B. Additionally, it is agreed that the parties intend this to be a contract for services and each considers the products and results of the services to be rendered by Consultant hereunder (the “Work”) to be a work made for hire. Consultant acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of the City.
8. COMPLIANCE WITH ALL LAWS:
A. Consultant shall comply with all applicable laws, ordinances, and codes of federal, State and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Contract. It shall be City’s responsibility to obtain all rights of way and easements to enable Consultant to perform its services hereunder.
Consultant shall assist City in providing the same.
B. Consultant warrants to the City that it is licensed by all applicable governmental bodies to perform this Contract and will remain so licensed throughout the progress of the Work, and that it has, and will have, throughout the progress of the Work, the necessary experience, skill and financial resources to enable it to perform this Contract.
9. WARRANTIES AND RESPONSIBILITIES - CONSULTANT:
A. Consultant agrees and represents that it is qualified to properly provide the services set forth in Exhibit A in a manner which is consistent with the generally accepted standards of Consultant’s profession.
B. Consultant agrees and represents that the work performed under this Contract shall be in accordance with applicable federal, State and local law in accordance with Section 17A hereof.
C. Consultant shall designate a project manager who at all times shall represent the Consultant before the City on all matters relating to this Contract. The project manager shall Contract for Services
Capital Program Management, Inc.
Upper Atherton Channel Relining Project
October 12, 2023
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2021-06-07 Atherton Model Contract for Services
continue in such capacity unless and until he or she is removed at the request of the City, is no longer employed by Consultant, or is replaced with the written approval of the City, which approval shall not be unreasonably withheld.
D. Consultant shall provide corrective services without charge to the City for services which fail to meet the above professional and legal standards and which are reported to Consultant in writing within sixty (60) days of discovery. Should Consultant fail or refuse to perform promptly its obligations, the City may render or undertake performance thereof and the Consultant shall be liable for any expenses thereby incurred.
10. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior written consent of the City, which will not be unreasonably withheld. Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors, and of persons either directly or indirectly employed by them, as it is for the negligent acts and omissions of persons directly employed by Consultant.
11. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment or novation, without the prior written consent of the City which will not be unreasonably withheld.
However, claims for money due or to become due Consultant from the City under this Contract may be assigned to a financial institution, or to a trustee in bankruptcy, without such approval.
Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the City.
12. INTEREST IN CONTRACT:
Consultant covenants that neither it, nor any of its employees, agents, contractors, subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the City’s conflict of interest code in accordance with the category designated by the City, unless the City Manager determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the City code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the City conflict of interest code if, at any time after the execution of this Contract, City determines and notifies Consultant in writing that Consultant’s duties under this Contract warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the City.
13. MATERIALS CONFIDENTIAL:
All of the materials prepared or assembled by Consultant pursuant to performance of this Contract are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City, except by court order.
Contract for Services
Capital Program Management, Inc.
Upper Atherton Channel Relining Project
October 12, 2023
1924173.3 14537-001 6
2021-06-07 Atherton Model Contract for Services
14. LIABILITY OF CONSULTANT-NEGLIGENCE:
Consultant shall be responsible for performing the work under this Contract in a manner which is consistent with the generally-accepted standards of the Consultant’s profession and shall be liable for its own negligence and the negligent acts of its employees, agents, contractors and subcontractors. The City shall have no right of control over the manner in which the work is to be done but only as to its outcome, and shall not be charged with the responsibility of preventing risk to Consultant or its employees, agents, contractors or subcontractors.
15. INDEMNITY AND LITIGATION COSTS:
Consultant shall indemnify, defend, and hold harmless the City, its officers, officials, agents, and employees against all claims, damages, demands, liability, costs, losses and expenses, including without limitation court costs and reasonable attorneys’ fees, arising from Consultant's negligent acts or negligent failure to act, errors, omissions or willful misconduct incident to the performance of this Contract except such loss or damage caused by the active negligence, sole negligence, or willful misconduct of the City. The provisions of this paragraph shall survive termination or suspension of this Contract an no other provision of this Agreement or any attachment thereto shall reduce the indemnification obligations imposed under this Section.
16. CONSULTANT TO PROVIDE INSURANCE:
A. Consultant shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this Contract, the policies of insurance specified in this Section. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A VII (an NR rating is acceptable for Worker’s Compensation insurance written with the State Compensation Insurance Fund of California).
B. Prior to execution of this Contract and prior to commencement of any work, the Consultant shall furnish the City with certificates of insurance and copies of endorsements providing evidence of coverage for all policies required by the Contract. The Consultant and its contractors and subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by Consultant and its contractors and subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of Consultant or of any of its contractors or subcontractors to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this Contract. Approval of the insurance by the City shall not relieve or decrease any liability of Consultant.
1. Commercial General Liability Insurance.
a. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Consultant's general liability Contract for Services
Capital Program Management, Inc.
Upper Atherton Channel Relining Project
October 12, 2023
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2021-06-07 Atherton Model Contract for Services
policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.
b. Any failure to comply with reporting provisions of the policies by Consultant shall not affect coverage provided the City. c. Coverage shall state that Consultant insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of the City.
2. Business Automobile Liability. Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than one million dollars ($1,000,000) per accident.
3. Workers’ Compensation and Employers’ Liability. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Consultant shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
4. Professional Liability. Consultant shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of Two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
5. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Consultant shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Consultant must agree to provide complete, certified copies of all required insurance policies if requested by the City.
Contract for Services
Capital Program Management, Inc.
Upper Atherton Channel Relining Project
October 12, 2023
1924173.3 14537-001 8
2021-06-07 Atherton Model Contract for Services
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher. e. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Consultant.
6. No other provision of this Agreement or any attachment thereto shall reduce the insurance obligations imposed under this Section.
C. In addition to any other remedy the City may have, if Consultant fails to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as is required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due Consultant under this Contract.
D. No policy required by this Contract shall be suspended, cancelled, terminated by either party, or reduced in coverage or in limits unless Consultant has provided thirty (30) days prior written notice by certified mail, return receipt requested, to the City.
E. Any deductibles or self-insured retentions in excess of $10,000 must be declared to, and approved by, the City.
F. The requirement as to types, limits, and the City’s approval of insurance coverage to be maintained by Consultant are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Consultant under the Contract.
17. MISCELLANEOUS PROVISIONS:
A. Consultant shall keep itself fully informed of, shall observe and comply with, and shall cause any and all persons, firms or corporations employed by it or under its control to observe and comply with, applicable federal, state, county and municipal laws, ordinances, regulations, orders and decrees which in any manner affect those engaged or employed on the work described by this Contract or the materials used or which in any way affect the conduct of the work.
B. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship, or sexual orientation.
C. Consultant shall maintain and make available for inspection by the City and its auditors accurate records of all of its costs, disbursements and receipts with respect to any work under this Contract. Such inspections may be made during regular office hours at any time until six (6) months after the final payments under this Contract are made to the Consultant.
D. This Contract constitutes the entire agreement between the parties relative to the services specified herein and no modification hereof shall be effective unless and until such Contract for Services
Capital Program Management, Inc.
Upper Atherton Channel Relining Project
October 12, 2023
1924173.3 14537-001 9
2021-06-07 Atherton Model Contract for Services
modification is evidenced by a writing signed by both parties to this Contract. There are no understandings, agreements, conditions, representations, warranties or promises, with respect to this Contract, except those contained in or referred to in the writing.
E. All notices that are required to be given by one party to the other under this Contract shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States Post Office for delivery by registered or certified mail addressed to the parties at the following addresses:
City: Consultant:
Robert Ovadia Mike Wasserman, AIA
Director of Public Works Vice-President
80 Fair Oaks Lane 1851 Heritage Lane, Suite 210
Atherton, CA 94027 Sacramento, CA 95815
F. This Contract shall be interpreted and governed by the laws of the State of California.
G. Any action arising out of this Contract shall be brought and maintained in San Mateo County California, regardless of where else venue may lie.
H. In any action brought by either party to enforce the terms of this Contract, each party shall be bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.
TOWN OF ATHERTON
By: __________________________
George Rodericks, City Manager
ATTEST:
By: _______________________
Anthony Suber, City Clerk
APPROVED AS TO FORM:
By: _______________________
Mona G. Ebrahimi, City Attorney
CONSULTANT
By: ___ ______________________
Mark Rosson, President
1851 Heritage Lane, Suite 210, Sacramento, CA 95815 • P 916.553.4400 • capitalpm.com October 31, 2023
Robert Ovadia, P.E.
Director of Public Works
Town of Atherton
80 Fair Oaks Lane
Atherton, CA 94027
Subject: Proposal & Letter of Engagement
On-Call Project/Construction Management Services
Atherton Channel Assessment and Lining Project
Dear Robert:
Capital Program Management, Inc., (“CPM”) is pleased to provide this Proposal and Letter of Engagement to provide on-call Project/Construction Management Services to the Town of Atherton (“Town”). The general description of the Scope of Services that may be required under this engagement are described in Exhibit “A”. Note that the Town may choose to perform any of the tasks to minimize costs and CPM will only perform those tasks desired by the Town.
Since there are so many unknowns and variables in determining the project scope and schedule, we have included a breakdown of the assumed scope and the estimated number of hours we believe will be required be able to on-board engineering and environmental firms. We will use a Public Contract Code procurement process to provide the survey and assessment of the creek channel to determine the necessary scope and permitting timeline.
CPM represents that it is skilled in performing work of a similar nature and will perform its work in accordance with the applicable professional standard of care. CPM will commence its work promptly upon Notice to Proceed and shall continue until the estimated scope and schedule are complete or until notified by you that CPM's services are no longer required, or until the engagement is suspended or terminated by CPM in the above Agreement.
CPM shall be compensated for performance of the Services based upon hours actually expended in performing the Services at the rates established in Exhibit “B” for an estimated fee budget of Sixty-Six Thousand Dollars ($66,000), together with expenses incurred.
CPM is delighted at the prospect of working with the Town of Atherton on this important project.
Thank you for your consideration.
Sincerely,
CAPITAL PROGRAM MANAGEMENT, INC.
Mike Wassermann, AIA
Vice- President
EXHIBIT "A"
Scope of Work: On-Call Initial Project Management Services Following is a list of potential on-call services that the Town may want to engage Capital Program Management (“CPM”) to perform. Note that no work will be performed unless specifically directed by Town of Atherton (“Town”).
Initial Engineering & Surveying Phase
1. Develop and issue Request for Qualifications/Proposal to on-board a Civil Engineering firm and a Geotechnical Engineering firm through a Public Contract Code procurement process to provide the survey and assessment of the creek channel and determine the necessary scope, design and permitting timeline.
2. Work with Town Counsel on developing Engineering Agreements.
3. Research with jurisdictions having authority over creek channel to notify of project, determine requirements, and develop timeline for permitting.
4. Assist with FEMA grant application process if applicable.
5. Negotiate cost proposal and terms of Engineering Agreement.
6. Review responses and make recommendations for award.
7. Develop and issue Request for Qualifications/Proposal to on-board environmental firm(s) through a Public Contract Code procurement process to provide the survey and assessments of the creek channel as required.
8. Work with Town Counsel on developing Environmental Agreement.
9. Negotiate cost proposal and terms of Environmental Agreement.
10. Review responses and make recommendations for award.
11. Attend and facilitate progress meetings.
12. Present project status at a public meeting.
13. Oversee and manage engineering firms’ work, including regular progress meetings and review of deliverables.
14. Develop initial project schedule.
15. Develop scope and initial budget.
16. Oversee and manage Environmental firm's work including regular progress meetings and review of deliverables.
EXHIBIT “B”
Project Schedule
Month 1 Activities (after receipt of Notice to Proceed)
1. Work with Town Counsel on developing Engineering Agreements. (Month 1)
2. Develop and issue Request for Qualifications/Proposal to on-board a Civil Engineering firm and a Geotechnical Engineering firm through a Public Contract Code procurement process to provide the survey and assessment of the creek channel and determine the necessary scope, design and permitting timeline. (Month 1)
3. Research with jurisdictions having authority over creek channel to notify of project, determine requirements, and develop timeline for permitting. (Months 1 and 2)
4. Assist with FEMA grant application process if applicable. (Months 1 thru 4) Month 2 Activities
5. Research with jurisdictions having authority over creek channel to notify of project, determine requirements, and develop timeline for permitting. (Months 1 and 2)
6. Negotiate cost proposals and terms of Civil Engineering and Geotechnical Agreements. (Month 2)
7. Review responses and make recommendations for award. (Month 2)
8. MILESTONE: Civil Engineering and Geotechnical Firms on-boarded. Begin Design.
9. Work with Town Counsel on developing Environmental Agreement. (Month 2) Month 3 Activities
10. Develop and issue Request for Qualifications/Proposal to on-board environmental firm(s) through a Public Contract Code procurement process to provide the survey and assessments of the creek channel as required. (Month 3)
11. Review responses and make recommendations for award. (Month 3)
12. Negotiate cost proposal and terms of Environmental Agreement. (Month 3)
13. MILESTONE: Environmental Firm(s) on-boarded.
14. Oversee and manage engineering firm’s work including regular progress meetings and review of deliverables. (Months 3 and 4)
Month 4 Activities
15. Attend and facilitate progress meetings. (Months 4 and 5)
16. Oversee and manage engineering firm’s work including regular progress meetings and review of deliverables. (Months 3 and 4)
17. Oversee and manage environmental firm’s work including regular progress meetings and review of deliverables. (Months 4 and 5)
Month 5 Activities
18. Oversee and manage engineering firm’s work including regular progress meetings and review of deliverables. (Months 3, 4 and 5)
19. Oversee and manage environmental firm’s work including regular progress meetings and review of deliverables. (Months 4 and 5)
20. MILESTONE: Complete initial design/Receive town approval
21. Develop initial project schedule. (Month 5)
22. Develop project scope and budget. (Month 5)
Pre-Construction Phase Duration: Five months from the Notice to Proceed 1) Pre-Construction and Project Management Hours Rate Cost Staff Coordinate with Town Counsel on developing Engineering and Environmental agreements. 4 $222 $888 Mike
Create agreements for Civil Engineering and Environmental engagements. 6 $222 $1,332 Sue Research with jurisdictions having authority over creek channel to notify of project, determine requirements, and develop timeline for permitting. 20 $222 $4,440 Mike & Todd Develop and issue Request for Qualifications/Proposal to on-board a Civil engineering firm through a Public Contract Code procurement process to provide the survey and assessment of the creek channel to determine the necessary scope and permitting timeline. 24 $222 $5,328 Mike & Todd Assist with FEMA Application Grant if applicable. 8 $222 $1,776 Todd Negotiate cost proposal and terms of Engineering agreements. 8 $222 $1,776 Mike & Todd Review responses and make recommendations for award. 4 $222 $888 Todd Develop and issue Request for Qualifications/Proposal to on-board environmental firms through a Public Contract Code procurement process to provide the survey and assessments of the creek channel as required. 24 $222 $5,328 Mike & Todd Negotiate cost proposal and terms of Environmental agreement 8 $222 $1,776 Mike & Todd Review responses and make recommendations for award 4 $222 $888 Todd Attend and facilitate progress meetings (1- 1.5 hr meeting every 2 weeks and issue meeting notes - 2 hours.) 3 hours per meeting 33 $222 $7,326 Mike & Todd Draft and issue Geotechnical Engineering Consultant RFQ/P 8 $222 $1,776 Mike & Todd Proposal reviews / negotiations with Geotechnical Engineering consultant 8 $222 $1,776 Mike & Todd Present public status at a public meeting. 4 $222 $888 Mike Develop initial scopes 8 $222 $1,776 Mike & Todd
Develop initial project schedule 8 $222 $1,776 Todd
Develop conceptual estimate 8 $197 $1,576 Jeff
Develop conceptual budget 4 $222 $888 Mike & Todd
Develop final budget (MPB) 4 $222 $888 Tim
Oversee and manage Engineering firms' work and deliverables 20 $222 $4,440 Mike & Todd Oversee and manage Environmental firms' work and deliverables 20 $222 $4,440 Mike & Todd Expenditure tracking, budget updates, invoice processing (2-hours per month) 8 $222 $1,776 Mike & Todd
Expenditure tracking, budget updates, invoice processing (4-hours per month) 16 $152 $2,432 Sam
Draft and issue Testing Laboratory RFQ/P 8 $222 $1,776 Todd Proposal reviews / negotiations with Testing Laboratory 8 $222 $1,776 Todd Sub-total 275 $ 59,730
2) Bidding and Award Phase - NA Hours Rate Cost
Sub-total 0 $ -
3) Construction Management Phase - N/A Hours Rate Cost
Sub-total 0 $ -
TOTALS Hours Cost
Combined Sub-Total 275 $ 59,730
Reimbursable Expenses $ 500
Sub -total $ 60,230
Project Contingency - 10% $ 6,023
Total $ 66,253
Total Estimated Fee Budget $ 66,000
Estimated Fee Budget Calculations
Exhibit "C"
31-Oct-23
Town of Atherton
Atherton Creek Lining Project
231031 - Atherton Creek Lining Project - CPM Services Fee Budget Calculation Printed 10/31/2023 Town of Atherton
Schedule of Hourly Rates 2023 2024
President $213 $222
Vice President $213 $222
Principal-In-Charge $213 $222
Program Director $213 $222
Senior Project/Construction Manager $213 $222
Project/Construction Manager $189 $197
Assistant Project/Construction Manager $164 $171
Field Engineer/Project Coordinator II $146 $152
Field Engineer/Project Coordinator I $104 $108
Senior Estimator $189 $197
Estimator $146 $152
Senior Scheduler $189 $197
Scheduler $146 $152
Clerical $62 $64
Director of Budget & Accounting $213 $222
Budget & Accounting Manager $200 $208
Applications Specialist $189 $197
Senior Budget Analyst $189 $197
Budget Analyst $146 $152
Asst. Budget Analyst $109 $113
Director of Technology $213 $222
Senior Tech Manager $200 $208
Technology Manager $189 $197
Assistant Technology Manager $164 $171
Drafter $109 $113
Director of Contract Management $213 $222
Senior Contract Manager $200 $208
Contract Manager $189 $197
Contract Administrator $164 $171
Assistant Contract Administrator $109 $113
Reimbursable Expenses* - 5% mark-up
* Note that the only pre-approved reimbursable expenses are for reprographics and postage.
All other reimbursable expenses must have the Town's prior approval.
There are no reimbursable travel expenses and no charge for time while traveling. PIC Project & Construction Management Budget & Accounting Technology & Low Voltage Contract Management EXHIBIT "B"
SCHEDULE OF RATES FOR PERSONNEL COSTS
1924173.3 14537-001
EXHIBIT D
CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
[Labor Code § 1861]
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONSULTANTS
By:
[Mike Wassermann, AIA, Vice-President
Consultant Questionnaire
Definition of a Consultant is found in Section 18702 of Regulations of the Fair Political Practices Commission, Title 2, division 6 of the California Code of Regulations.
Consultants, as defined by Section 18701, are required to file an Economic Interest Statement (Form 700) within 30 days of signing a Consultant Agreement with the City, on an annual basis thereafter if the contract is still in place, and within 30 days of completion of the contract.
Company Name_______________________________________________ __________________________ (Agreement Date)
Name of Consultant*_______________________________________________________________________ (First Name) (Middle Initial) (Last Name)
Company address_____________________________________________ Phone_____________________ City, State, Zip____________________________________________________________________________ Contracting City Dept.______________________________________________________________________ Estimated Date of Project Completion__________________________________________________________ A. Will consultant make governmental decision whether to
1. Approve a rate, rule, or regulation? Yes □ No □
2. Adopt or enforce a law? Yes □ No □
3. Issue, deny, suspend, or revoke any permit, license, Yes □ No □ application, certificate, approval, order, or similar
authorization or entitlement?
4. Authorize the agency to enter into, modify, or renew a Yes □ No □ contract provided it is the type of contract which
requires agency approval?
5. Grant agency approval to a contract which requires Yes □ No □ agency approval and in which the agency is a party or to the specifications for such a contract?
6. Grant agency approval to a plan, design, report, Yes □ No □ study, or similar item?
7. Adopt, or grant agency approval of, policies, standards, Yes □ No □ or guidelines for the agency, or for any subdivision thereof? B. Will the consultant serve in a staff capacity with the City and in Yes □ No □ that capacity perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code?
Will consultant manage public investments? Yes □ No □
____________________________________________ _____________________________ Name of Person Completing Questionnaire Date
*If other individuals will be working on the contract, a form should be completed for each person to determine filing obligation.
10/12/2023
Capital Program Management, Inc. 10/12/2023 Mike Wassermann 1851 Heritage Lane 916-553-4400 Sacramento, CA 95815 Town of Atherton 4 months from Notice to Proceed ■ ■
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