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.
Auto Liability
Consultant shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
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 one million dollars ($1,000,000) 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. The cost of such insurance shall be included in Consultant's bid.
3.14.1 3.14.1 Evidence Required
Prior to execution of the Agreement, Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
3.14.2 Policy Provisions Required
(a) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is
primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to contain a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(e) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
3.14.2 Qualifying Insurers
All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.14.3 Additional Insurance Provisions
3.14.3.1 The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including
but not limited to, the provisions concerning indemnification.
3.14.3.2 If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
3.14.3.2The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Agreement.
3.14.3.3Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
3.14.3.4 Subconsultant Insurance Requirements
Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
3.15 Indemnification.
3.15.1. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.15.2. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a
court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.16 Reserved.
3.17 Termination, Suspension and Abandonment.
3.17.1 Grounds for Termination. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Agreement and the work thereon, or to terminate this Agreement at any time with or without cause.
Consultant shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Consultant shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Consultant. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination.
3.17.2 Consultant’s Termination for Cause. Consultant may terminate its obligations to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
3.17.3 City’s Suspension of Work. If Consultant’s Services are suspended by City, City may require Consultant to resume such Services within ninety (90) days after written notice from City. When Services are resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Consultant.
3.17.4 Documents and Other Data. Upon suspension, abandonment or termination, Consultant shall provide to City all preliminary studies, sketches, working drawings, specifications, computations, and all other documents to which City would have been entitled at the completion of Consultant’s Services under this Agreement. Upon payment of the amount required to be paid to Consultant pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such documents prepared by or on behalf of Consultant under this Agreement. Consultant shall make such documents available to City upon request and without additional compensation other than as may be approved as a reimbursable expense.
3.17.5 Employment of Other Consultants. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.18 Documents.
Except as otherwise provided herein, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for Services under this Agreement shall, upon payment in full for the Services described in this Agreement, be furnished to and become the property of the City.
3.19 Governing Law.
This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Joaquin, State of California.
3.20 Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all sub-consultants and sub-consultants to comply with same.
3.21 Notice.
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Escalon
2060 McHenry Avenue
Escalon, CA 95320
Attn: Jaylen French, City Manager
CONSULTANT:
MCR Engineering, Inc.
1242 Dupont Ct.
Manteca, CA 95336
Attn: Marshall Swift
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.22 Third Party Rights.
This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.
3.23 Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or any other classification protected by federal or state law. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s minority business enterprise program, affirmative action plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.24 Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. Notwithstanding the foregoing, Consultant may freely and without consent assign this Agreement to an affiliate or to an acquirer of all or part of Consultant’s business or assets, provided that such assignment shall only be effective upon no less than thirty (30) days prior notice to City and only in the event that such assignment does not materially impair the interests of City.
3.25 Non-Waiver.
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.26 Time of Essence.
Time is of the essence for each and every provision of this Agreement.
3.27 City’s Right to Employ Other Consultants.
City reserves the right to employ other consultants, including engineers, in connection with the Services identified in this Agreement.
3.28 Severability.
Should any provision in the Agreement be held to be invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.29 Prohibited Interests.
3.29.1 Solicitation. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability.
3.29.2 Conflict of Interest. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.30 Counterparts.
This Agreement may be signed in counterparts, each of which shall constitute an original.
3.31 Entire Agreement.
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. [SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ESCALON
AND MCR ENGINEERING, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ESCALON MCR ENGINEERING, INC.
By:
JAYLEN FRENCH
City Manager
By:
Name:
Its:
ATTEST:
By:
MICHELE BATES
Deputy City Clerk
APPROVED as to Form:
By:
FRANK SPLENDORIO
Best Best & Krieger, LLP
EXHIBIT “A”
SCOPE OF SERVICES
Methodology & Work Plan
PAGE 8
Provide staffing and in-office engineering services on a weekly basis as needed
Attend City Council, Planning Commission, and internal staff meetings as needed
Support CIP planning and master plan updates
Coordinate with Planning, Building, and Public Works departments Respond to regulatory agencies including Caltrans, San Joaquin County, SJCOG, SWRCB, and other nearby local jurisdictions
Maintain regular availability for consultation with City staff Review and condition private development applications
Review improvement plans, parcel maps, final maps, and lot line adjustments and provide plan check comments/inspections Issue conditions of approval and confirm compliance with City standards Coordinate with applicant consultants and streamline internal review Review and issue encroachment permits and grading permits Prepare Plans, Specifications & Estimates (PS&E) for public works improvements
Conduct bid phase support, pre-construction meetings, and contractor coordination
Ensure adherence to DBE, prevailing wage, and federal aid requirements Provide construction oversight, field inspection, and closeout documentation
GENERAL CITY ENGINEERING SERVICES
DEVELOPMENT REVIEW SERVICES
CAPITAL IMPROVEMENT PROJECTS (CIP)
Perform topographic and boundary surveys for City projects Provide construction staking using GPS and conventional equipment Monitor erosion control and stormwater compliance (QSD/QSP) Coordinate materials testing with certified labs
Respond to field changes and issue timely design revisions
CONSTRUCTION SUPPORT SERVICES
PAGE 9
Prepare PES forms, RFAs, invoicing, and quarterly reports for federal/state-funded projects
Assist in securing funds through programs such as CMAQ, HSIP, ATP, and STBGP
Coordinate with Caltrans District 10 Local Assistance
Provide project justification, cost-benefit analysis, and environmental clearance coordination
Perform right-of-way, centerline, boundary, and topographic surveys Prepare Records of Survey, legal descriptions, and plats Support annexation mapping, easement dedication, and ROW abandonment
Develop detailed 3D models of terrain, structures, and project sites using aerial photogrammetry
Generate accurate Digital Elevation Models (DEMs) and contour maps for design and analysis
Collect and process geospatial data for precise measurements and mapping applications
Utilize photogrammetric techniques to supplement field topographic surveys for detailed as-built surveys
FUNDING & GRANT SUPPORT
SURVEYING & MAPPING SERVICES
DRONE SURVEYING & AERIAL MAPPING SERVICES
Assign a dedicated Project Manager (City Engineer) as primary point of contact
Maintain consistent communication and document control via email, cloud-based platforms, and regular check-ins
Provide biweekly or monthly progress updates, if requested Ensure direct availability to City staff, developers, and contractors
PROJECT MANAGEMENT & COMMUNICATION
Methodology & Work Plan
EXHIBIT “B”
COMPENSATION
Appendix D
Compensation & Fee Schedule
Proposal ñ City Engineering Services
City of Escalon
Compensation and Fee Schedule Work Plan
Billing Schedule by Employee Classification:
MCR Engineering will bill the City based on actual hours worked by each employee classification, in accordance with the attached hourly rate schedule. Each staff member, including any subconsultants engaged, will be billed at their corresponding hourly rate. Reimbursable expenses are outlined in the ëMaterialsí section of the attached Fee Schedule. Sub-consultant fees, commercial deliveries, and plan copies/printing are subject to a 10% mark-up. Any other reimbursable expenses will be reviewed and approved on a case-by-case basis. Travel within San Joaquin and Stanislaus Counties will not be charged unless specifically authorized by the City.
Invoices are issued on a monthly basis, covering services performed during the prior month, and are typically submitted within 30 days of the billing period.
Billing for Work Performed Outside Normal Working Hours:
For emergency response, after-hours inspections, or other services outside of normal business hours, MCR Engineering will bill at the same hourly rates shown in the attached schedule. No premium or surcharge will be added. This ensures the City receives uninterrupted professional coverage without unexpected costs.
Hourly Rate Schedule:
A detailed schedule of hourly rates for each service and staff title is included as an attachment to this proposal. This schedule covers all MCR Engineering staff members, from the City Engineer to support staff, as well as any subconsultants who may be assigned to City projects.
Plan Check Services:
Plan check services will be billed on a time-and-materials basis, using the hourly rates identified in the attached schedule. The cost will vary depending on the complexity of the submittal and the level of review required. Minor reviews, such as single-sheet resubmittals, are typically completed within 1ñ2 hours, while larger subdivision or capital project submittals may require additional review time. The City will only be billed for the actual time spent performing the requested level of service.
*MCR Engineeringís goal is to provide the City with clear, predictable, and transparent billing practices while delivering responsive, high-quality engineering services*
Appendix D
Compensation & Fee Schedule
Proposal ñ City Engineering Services
City of Escalon
Clients Initials_______
Consultants Initials _______
JOB DESCRIPTION HOURLY RATE
Engineering:
PRINCIPAL ................................................................................................................................$ 250.00 CIVIL ENGINEER........................................................................................................................$ 200.00 PROJECT MANAGER ................................................................................................................$ 180.00 DESIGNER ................................................................................................................................$ 150.00 CAD TECHNICIAN ....................................................................................................................$ 140.00 COURT TESTIMONY..................................................................................................................$ 310.00 Administration:
CLERICAL ....................................................................................................................................$ 65.00 ADMINISTRATIVE ASSISTANT.....................................................................................................$ 85.00 OFFICE MANAGER....................................................................................................................$ 105.00 Construction Management:
CONSTRUCTION MANAGER.....................................................................................................$ 180.00 CONSTRUCTION INSPECTOR....................................................................................................$ 140.00 QUALIFIED SWPPP DEVELOPER (QSD) .................................................................................... $160.00 QUALIFIED SWPPP PRACTITIONER (QSP) ............................................................................... $120.00 Surveying:
OFFICE SURVEYOR ...................................................................................................................$ 200.00 ASSISTANT OFFICE SURVEYOR.................................................................................................$ 150.00 ONE-PERSON SURVEY CREW ...................................................................................................$ 240.00 TWO-PERSON SURVEY CREW ..................................................................................................$ 350.00 THREE-PERSON SURVEY CREW................................................................................................$ 430.00 EXPERT WITNESS / COURT TESTIMONY / DEPOSITION...........................................................$ 330.00 Materials:
The following services are billed at our cost plus 10%
• Sub-consultant fees
• Commercial delivery services (Fed Ex, California Overnight, messenger services, etc.) • Copies of plans beyond those required by city or county for plan review. We encourage client to arrange for copying with an outside printing company, but if our services are used, the client will be charged $2.00 per sheet.