currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to CITY.
B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration.
ARTICLE XVIII - FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual beneiit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.
B. This Agreement is valid and enforceable only, if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress State Legislature, or City's governing board that may affect the provisions, terms, or funding of this Agreement in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.
D. City has the option to void the Agreement under the 30-day termination clause pursuant to Article VI, or by mutual agreement to amend the Agreement to reflect any reduction of funds.
ARTICLE XIX - CHANGE IN TERMS
A. This Agreement may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by City's Contract Administrator:
C. There shall be no change in CONSULTANT'S Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this Agreement without prior written approval by City's Contract Administrator.
ARTICLE XX - DISADVANTAGED BUSINESS ENTERPRISES (DBE)
PARTICIPATION
A. This Agreement is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who obtain DBE participation on this Agreement will assist Caltrans in meeting its federally mandated statewide overall DBE goal.
B. The goal for DBE participation for this Agreement is 10%. Participation by BE consultant or sub consultants shall be in accordance with information contained in th Consultant Proposal DBE Commitment (Exhibit 10-01), or in the Consultant Contract DB Information (Exhibit 10-02) attached hereto and incorporated as part of the Agreement. If a DBE sub consultant is unable to perform, CONSULTANT must make a good faith effort. to replace him/her with another DBE sub consultant, of the goal is not otherwise met.
C. DBE's and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds.
CONSULTANT or sub consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. CONSULTANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT- assisted agreements. Failure by CONSULTANT to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as, City deems appropriate.
D: Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
A DBE firm may be terminated only with prior written approval from City and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting City consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR
26.53(f).
F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing. performing a CUF, evaluate the amount of work subcontracted, industry practices, Whethe he amount the firm is to be paid under the contract is commensurate. with the work it is actually performing, and other relevant factors.
G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine șimilar transactions, particularly those in which DBEs do not participate.
H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
1. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records, shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
J. Upon completion of the Agreement, a summary of these records shall be prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Sub consultants" CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT's authorized representative and shall be furnished to the Contract Administrator with the final invoice.
Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Sub consultants" is submitted to the Contract Administrator.
K. If a DBE sub consultant is decertified during the life of the Agreement, the decertified sub consultant shall notify CONSULTANT in writing with the date of decertification. If a sub-consultant becomes a certified DBE during the life of the Agreement, the sub-consultant shall notity CONSULTANT in writing with the date of certification. Any changes should be reported to City's Contract Administrator within 30 days.
ARTICLE XXI - CONTINGENT FEE
CONSULTANT warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXII - DISPUTES
A. Any dispute, other than audit, concerning a quéstion of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee
consisting of City's Contract Administrator and (City Manager), who may consider written or verbal information submitted by CONSULTANT.
B. Not later than 30 days after completion of all work under the Agreement, CONSULTANT may request review by City's Govering Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. this Agreement.
ARTICLE XXIII - INSPECTION OF WORK
CONSULTANT and any sub-consultant shall permit City, the state, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis.
ARTICLE XXIV - SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT snail comply with safety instructions issued by City Safety Officer and other City representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, City has • determined that such areas are within the limits of the project and are open to public necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
C. Any subcontract entered into as a result of this Agreement, shall contain all of the provisions of this Article.
D. CONSULTANT must have a Division of Occupational Safety and Health (CAL- OSHA) permits), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.
ARTICLE XXY - INSURANCE
A. CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
B. Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office form CG 00 01 and minimum limits of Two Million Dollars
($2,000,000) per occurrence, Four Million Dollars ($4,000,000) annual general aggregate and Two Million Dollars ($2,000,000) products-completed operations aggregate for any personal injury, death, loss, or damage. The general aggregate limit shall apply separately to projects covered by this Agreement, or the general aggregate limit shall be twice the required per occurrence limit. The coverage shall state that the CONSULTANT'S 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.
C. Automobile Liability Insurance, on an Insurance Services Office Business Auto Coverage form CA 00 01 (or equivalent), for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage.
D.: Workers' Comperisation insurance as required by the State of California and Employer's Liability with minimum limits of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) by disease-policy limit, and One Million Dollars ($1,000,000) by disease-each employee. The policy shall include a waiver of subrogation endorsement in favor of the CITY, its elected officials, officers, agents, employees, attomeys, servants, volunteers, successors and assigns. Proof of Workers' Compensation insurance is not required if party provides written verification to the CITY that they have no employees.
E. Professional Liability Insurance that insures against professional errors and omissions that may be made in performing services in connection with this Agreement with a minimum limit 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.
A. CONSULTANT shall require each of its sub-consultants or sub- contractors to maintain insurance coverage that meets all of the requirements of this Agreement.
F. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.
G. • CONSULTANT agrees that if it does not maintain the insurance required in this Agreement in full force and effect, CITY may either inimediately terminate the Agreement or, if insurance is available at a reasonable cost, CITY may purchase the required insurance and pay the premium. Any such premium payments shall be deducted from any fees pavable to CONSULTANT or CONSULTANT shall reimburse CITY for any premium payments upon request.
Prior to commencement of work under this Agreement, CONSÜLTANT shall file with
CITY's Risk Manager a certificate or certificates of insurance, including copies of all dditional insured endorsements and waiver of subrogation endorsements, evidencing ompliance with the insurance requirements in this Article. The CONSULTANT agrees to provide complete, certified copies of any or all required insurance policies if requested by the CITY
H CONSULTANT shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
1. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.
CONSULTANT'S general liability policy(s) shall be primary and shall not seek contribution from the CITY'S coverage and be endorsed using Insurance Services Office form CG 2010 (or equivalent). For construction projects, an endorsement providing completed operations coverage for the additional insureds on Insurance Services Office form CG 20 37 (or equivalent) is also required. The policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty 30) days' prior written notice, except that ten(10) days' prior written notice shall apply in the event of cancellation for non-payment of premium, CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of' cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
J. The insurance provided by CONSULTANT shall be primary to any other coverage available to CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONSULTANT's insurance and shall not contribute with it.
K. All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT's employees, agents, sub-consultants, CONSULTAN hereby eas es al raits of throgation subne ion rior to a loss.
Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond M. If CONSULTANT is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability. Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operatior N. Procurement of insurance by CONSULTANT shail not be construed as a limitation of CONSULTANT's liability or as full performance of CONSULTANT'S duties to indemnify, hold harmless and defend under Section 14 of this Agreement.
0. Any available insurance proceeds broader than, or in excess of, the specified ninim insurance requirements and/or limits shall be available to the additional insured 'urthermore, the requirements for coverage and limits shall be (1) the minimum coverag and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement.
ARTICLE XXVI - OWNERSHIP OF DATA
A. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this Agreement will automatically be vested in City; and no further agreement will be necessary to transfer ownership to CITY. CONSULTANT shall furnish CITY all necessary copies of data needed to complete the review and approval process.
It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for use in the construction of the project for which this Agreement has been entered into.
C. CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by CITY of the machine-readable normation and data provided by CONSULTANT under this Agreement; further CONSULTANT is not liable for claims, liabilities, or losses arising out of, or connecte with any use by CITY of the project documentation on other projects for additions to this project, or tor the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT.
Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII - CLAIMS FILED BY CITY's CONSTRUCTION
CONTRACTOR
A. If claims are filed by CITY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is required in order to evaluate or defend against such claims; ONSULTANT agrees to make its personnel available for consultation with CITY nstruction contract administration and legal staff and for testimony, if necessary. depositions and at trial or arbitration proceedings.
B. CONSULTANT's personnel that CITY considers essential to assist in this Agreement.
Services of CONSULTANT's personnel in connection with CITY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to esolve the construction claims
ARTICLE XXVIII - CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY's operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this Agreement, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the Agreement, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
CONSULTANT shall not comment publicly to the press or any other media regarding the Agreement or CITY's actions on the same, except to CITY's staff, CONSULTANT's own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of Any nature, witsut pro rearing we peter there a by C, and receipt of Crys written permission
of the provision of this tid entered into as a result of this great shall contain all All information related to the construction estimate is confidential and shall not be disclosed by CONSULTANT to any entity other than CITY.
ARTICLE XXIX - NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, CONSULTANT hereby states nder penalty of perjury that no more than one final un-appealable finding of contempt ‹ urt bu a federal court has been issued against CONSULTANT within the immediate preceding two-year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
ARTICLE XXX - EVALUATION OF CONSULTANT
CONSULTANT's performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record.
ARTICLE XXXI - RETENTION OF FUNDS
A. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.
No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by the prime consultant or sub-consultants is prohibited, and no retainage will be held by the prime consultant from progress due sub-consultants.
Any violation of this provision shall subject the violating prime consultant or sub- consultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or sub-consultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient sub-consultant performance, or noncompliance by a sub-consultant. This provision applies to both DBE and non-DBE prime consultants and sub-consultants.
C. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage held by the prime consultant or sub-consultants from progress payments due sub-consultants shall be promptly paid in full to sub-consultants within 30 days after the sub-consultant's work is satisfactorily completed. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or sub-consultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or sub-consultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient sub-consultant performance, or noncompliance by a sub-consultant. This provision applies to both DBE and non-DBE prime consultant and sub-consultants.
The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of • the contract work, and pay retainage to the prime consultant based on these acceptances.
The prime consultant, or sub-consultant, shall return all monies withheld in retention from . a sub-consultant within thirty (30) days after receiving payment.for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or postponemen of payment over thirty (30) days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating
prime consultant or sub-consultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or sub-consultant in the event of a dispute involving late payment or nonpayment by the prime Consultant, deficient sub-consultant performance, or noncompliance by a sub-consultant. This provision applies to both DBE' and non-DBE prime consultant and sub-consultants.
ARTICLE XXXII - INDEPENDENT CONTRACTOR
CONSULTANT will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute CONSULTANT as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and CONSULTANT.
ARTICLE XXXIII - INDEMNIFICATION
A. To the full extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any actual or alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, sub-consultants, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
The parties understand and agree that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
B. CONSULTANT's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or Similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns.
C. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations for the benefit of CITY, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any actual or alleged,
:
intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONSULTANT or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by courisel of CITY's choice.
CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any nsurance policy or certificate required pursuant to this Agreement. This hold harmles and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss ost or expense. CONSULTANT agrees that CONSULTANT'S covenant under thi Section shall survive the termination of this Agreement.
E. CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONSULTANT shall fully comply with the workers' compensation laws regarding CONSULTANT and CONSULTANT's employees.
CITY harmless from any failure of CONSULTANT to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to promptly pay to CITY any
ARTICLE XXXIV - MUTUAL COOPERATION
A. CITY shall provide CONSULTANT with all pertinent data, documents and other requested information as is reasonably available for the proper performance of CONSULTANT's services.
B. In the event any claim or action is brought against CITY relating to CONSULTANT's performance in connection with this Agreement, CONSULTANT shall render any reasonable assistance that CITY may require.
ARTICLE XXXV - FORCE MAJEURE
CONSULTANT shall not be liable for any failure to perform if CONSULTANT presents acceptable evidence, in CITY's sole judgment that such failure was due to causes bevond the control, and without the fault or negligence of CONSULTANT.
ARTICLE XXXVI - NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY: Ifto CONSULTANT:
Attn: City Manager Attn: Randy Wasnick, CEO
909 W. Visalia Rd. 324 S. Santa Fe St.
Farmersville, CA 93223 Visalia, CA 93292
Telephone: (559) 747-0458 Telephone: 559-802-3052
ARTICLE XXXVII - PROHIBITION AGAINST ASSIGNMENT
CONSULTANT shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
ARTICLE XXXVIII - ATTORNEY'S FEES
!
In the event that CITY or CONSULTANT commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.
ARTICLE XXXIX - ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this greement. In the event ot any material discrepancy between the express provisions o his Agreement and provisions of any document incorporated by reference, th provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and CONSULTANT with respect to the subject matter herein.
No other prior oral or written agreements are binding on the parties. Any modification ' of this Agreement will be effective only if it is in writing and executed by CITY and CONSULTANT.
ARTICLE XXXX - GOVERNING LAW; JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the • State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Tulare County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California.
ARTICLE XXXXI - SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a
manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
ARTICLE XXXXII - CAPTIONS
The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
ARTICLE XXXXIII - EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
CITY OF FARMERSVILLE CONSULTANT:
Jennifer Gome: Matthew Ainley, PE
City Manager Principal Engineer
ATTEST BY
Randy Wasnick, PLS
City Cler 4 Creeks, Inc. CEO
APPROVED AS TO FORM:
City Attorney
EXHIBIT A
SCOPE OF SERVICES
The selected firm shall designate an Interim City Engineer to provide consulting services on an a leeded, on-call basis for projects to be determined during the term of the Agreement. The scope of work for this Agreement will vary, be requested on a task order basis, as need arises and be at the discretion of the City. The main categories of work and services to be provided may include:
GENERAL INTERIM CITY ENGINEER DUTIES:
Provide technical advice to City personnel assigned to Public Works activities or as requested. • Provide technical assistance for Capital Improvement projects including state and federal funded projects and related assignments.
• Provide technical assistance for water, sewer, and storm drain issues. • Prepare drawings, diagrams, graphs, charts, databases, spreadsheets, and tables using common desktop, computer-aided design, and/or GIS software programs. • Attend meetings such as City Council, Planning Commission, staff meetings, advisory groups, and other meetings as requested.
• Prepare/review preliminary scoping, budget estimates, and project schedules. • Prepare reports, investigations, studies, and evaluations as, from time to time, may be required and directed by the City.
• Other engineering, survey, or other related tasks as needed and/or requested by the City.
DEVELOPMENT:
• Review tentative maps and other submittals for land divisions and proposed developments and make recommendations related to engineering matters.
• Dévelop and update Capital Improvement Plans
• Assist the City Manager on the Capital Improvement Program Budget to allow for the implementation of Master Plan Improvements.
• Prepare Opinions of Probable Costs in support of the City's Capital Improvement Program.
Review and provide written comments on planning programs and land development matters. • Provide special engineering reports regarding such matters as assessment district formation developer fees, and etc.
• Meet with developers and members of the public on proposed development projects in order to communicate the processes and procedures involved with engineering and infrastructure development.
• Check improvement plans for compliance with zoning requirements and City Design Standards and Specifications.
• Provide field observation and inspection of the construction of improvements by private developers within the public rights of way; recommend notice of completion and acceptance of . the work.
• Review, check, and provide written recommendations for land use applications to City's Pianning Department.
• Assist in the preparation of "Conditions of Approval" for proposed development projects. • Evaluate and provide recommendations regarding developer's proposed mitigation measures for development projects.
• Establish performance, labor, and material bond amouts, when required, and require the posting of such securities and other development fees within the proper time sequence of development review.
• Provide such necessary and related functions as are the normal practice of the City in the review of private developments.
• Check subdivision and parcel maps for compliance with California State Subdivision Map Act requirements. Stamp and sign subdivision maps, parcel maps, lot line adjustments, and other documents as necessary, as City surveyor.
• Perform research and survey work related to property divisions and mergers.
Perform research and survey work related to public and private land ownership, public and private easements, public improvements, construction, and historic information. Perform all survey-related, and some engineering-related, computations and drawings using traditional methods and/or computer methods currently available within the City.
Prepare and interpret deeds and descriptions.
• Develop legal descriptions and plat maps.
ENGINEERING/PROJECT SPECIFIC DUTIES:
• Provide engineering desigu and review of plans, specifications, estimates, and bid documents for a variety of public works projects. Provide bid assistance and construction support throughout project construction and assist with project closeout activities as needed to comply with applicable reporting requirements related to state or federal funding sources.
Provide traffic engineering services, including the preparation of traffic warrant studies, review of traffic impact studies, and recommendation of traffic control measures. • Provide construction management and inspection services for a variety of private development and capital improvement projects to ensure compliance with approved plans, specifications, City standards, and other applicable local, state, and federal requirements.
Determine locations of property lines, boundaries, easements, and rights of way.
Conduct construction surveys for Capital Improvement Projects. • Establish and adjust benchmarks and monument street centerlines.
Conduct traditional topographic surveys and aerial topographic surveys to determine locations and elevations of existing improvements, structures, and topographic features. • Assist the City with their Geographic Information System (GIS).
EXHIBIT B
Effective May 1, 2022 - Amended (8/01/2023)
4Creeks, Inc. Fee Schedule - Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Multi-Year contracts are subject to any subsequent changes in 4CREEKS these rates. Fee schedules for the various billing categories are:
Classification Charges Per Classification ' Charges Per Hour Hour
Civll Engineering Services Architectural Services
Associate Engineer $125 Associate Architect** 3130
Engineer $145 Architect
$145
Senior Engineer $175 "Senior Architect** $175
Principal Engineer $200
Planning Services Construction Inspection
(Non-Prevailing Wage)
Assistant Planner $90 Assoclate Construction Inspector $110 Associate Plannej** $105 Construction Inspector
$130
Planner $135 Senlor Construction Inspector $150
Senior Planner $165
Principal Planner $185 Construction Management
Associate Construction Manager $125
Structural Enginearing Sorvices Construction Manager $145 Associate Structurat Engineer $145 Senior Construction Manager $175 Structural Engineer $160
Sentor Structural Engineer $180 Project Manager/Coordinatores Associate Project Manager/Coordinator $120
GIS Services
Project Manager/Coordinator $140
Associate GIS Techniclan 590* Sentor Project Manager/Coordinator $175 GIS Technician $100
Senior GIS Technician $120 Technical Services
Project Technicien 1 $85
Ulüty Design Services Project Technician It $95
Associate Designer: $105 Project Technician Il $105
Designer $130 Project Technicien IV $120
Sonior Desiener $160
Puble Outreach Coordination.
Land Surveying Services Associate Outreach Coordinator $105 Assistant Surveyor Outreach Coordinator $125
Land Surveyor
Senlor Surveyor Water Consutting Sorvices
-
Principal Land Survey. Associate Water Consultant $115
1-Man Survey Crew * $150 Water Consultant
$135
2-Man Survey Crew $220 Senior Water Consuitant. --
$165
, 3-Man Survey Crew $275 -
Drone Pilot $155 Executive Staff
Associate Executive $120
Software Engineering Services Executive $145
Assistant Software Engineer --
Senior Executive 3165
-
Associate Software Engineer
Software Engineer -
$135 Expert Witness
Senior Software Engineer $165 Expert Witness $300
-
Direct Charges
At cost plus fifteen percent (15%): *
Transportation and par-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, 50.80 per sq. it large printing.
Equipment rentals, subcontractors, laboratory analyses
Website Hosting Fees: 515/mo. / $150/annual
*Prevailing wage rates by separate schedule - Varies by County **Amended Rates
1of1
EXHIBIT B•
fective February 1,202
pdated August 12, 20
4CREEKS
4Creeks, Inc. Fee Schedule - Professional
ees are based on the median hourly pay rate for employees in each classificatio lus indirect costs, overhead, and profit. Fee schedules for the various billing categories an Classification Charges Per Hour
Construction Inspection (Prevailing Wage)
Construction Inspector
$150
Construction Inspector Over Time -$180
Construction Inspector - Sunday.
- 210
Land Surveying (Prevalling Wage)
1-Man Survey Crew - Tulare County $150
1-Man Survey Crew - Fresno County $150
1-Man Survey Crew -Kings County $150
1-Man Survey Crew-Ker County $150
1-Man Survey Crew - Merced County
2-Man Survey Crew -Tulare County $280
2-Man Survey Crew - Fresno County $280
2-Man Survey Crew - Kings County $2BD
2-Man Survey Crew-Kem County $280
2-Man Survey Crew - Merced County $280
Direct Charges
At cost plus fifteen percent (15%):
Transportation and per-diem expenses (auto mileage @ current R5 rate, off-road charges $50.00/day) Printing and reproduction: $0.03 per b/w copy, $0. 12 pér color copy, $0.75 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses 1 of1
CITY OF
FARMERSVILLE
City Council
Staff Report 81
TO: Honorable Mayor and City Council
FROM: Michael Schulte, City Attorney
DATE: June 10, 2024
SUBJECT: Task Order Proposal for 4Creeks to Prepare Updates to the City of Farmersville Municipal Code in the amount of $55,000
RECOMMENDED ACTION:
Staff recommends that the City Council authorize the Interim City Manager to sign the Task Order in the amount of $55,000 with 4Creeks to prepare updates to the City of Farmersville Municipal Code.
BACKGROUND and DISCUSSION:
Currently, there are conflicts between the City's Municipal Code and the City's Improvement Standards and Engineering Standard Specifications. Further, the conflicts could allow a developer to construct their improvements to lesser standards. With all of the housing and commercial developments currently moving forward, there are likely to be issues regarding substandard construction. This item is being considered along with a separate proposal for the update of the City's Standards and Engineering Specifications. 4Creeks staff will work closely with City staff to prepare updates for the relevant municipal code sections and bring the code to compliance with the current improvement standards and specifications.
4Creeks will update portions of the City Municipal Code to match current City Improvement Standards and the new Engineering Design Specifications. The following sections of the code will be updated:
1. Title 10 - Vehicles and Traffic
2. Title 12 - Streets, Sidewalks, and Public Spaces
3. Title 16 - Subdivisions
FISCAL IMPACT:
To fund these updates, the City will utilize general funds, but will be able to incorporate the costs into the collection of impact fees, and possibly charge the costs against the various impact fee accounts.
ATTACHMENTS):
4Creeks Proposal & Task Order
•
4CREEKS
June 6, 2024
Mr. Steven Huntley and Mr. Jay Brock
City of Farmersville
• 909 W. Visalia Road
Farmersville; CA 93223 .
(559) 747-0458
Subject: Task Order No. 8 - 4Creeks Job #240629
City of Farmersville Civil Engineering related Municipal Code Updates Dear Mr. Steven Huntley and Mr. Jay Brock,
4Creeks has prepared a scope and fee for the services required to prepare updates to the City of Farmersville Municipal Code. The purpose of this update is to eliminate conflicts between the City's Improvement Standards and Engineering Standard Specifications only. Our staff will work closely with City staff to prepare updates for the relevant municipal code sections and bring the code to compliance with the current improvement standards.
The following pages will provide a breakdown of the tasks needed to complete this project.
Encl: Scope of Work and Estimated Fees
Job No. 240629
:
VISALIA - HQ I CLOVIS I DENVER HANFORD | SAN LUIS OBISPO / TULARE 324 S Sante Fe St, Suite A 180W Bullard Ave, Suite 101 9540 Maroon Circle, Suite 110 308 N Irwin St. 605 Santa Rosa St, Suite A 132S N St.
Visalia, CA 93292 Clovis, CA 93612 Englewood, C0 80112 Hanford, CA 93230 San Luis Obispo, CA 93401 Tulare, CA 93274 559-802-3052 559-802-3052
[email protected] [email protected] [email protected] [email protected] | [email protected] I [email protected] 4CREEKS
SCOPE OF WORK
Task 1: Updates to City of Farmersville Municipal Code
4Creeks will provide the necessary updates to portions of the City of Farmersville Municipal Code that incorporates the current City Improvement Standards, the updated Engineering Specifications, and new State requirements. We anticipate that this work will take approximately 9-12 months to complete depending on City review and turnaround timelines.
This timeline is based on our experience performing similar tasks with other agencies and agency review timelines.
:
4Creeks will complete the following:
1. Conduct meetings with the City of Farmersville City Manager and City Attorney to review modifications that are being requested. •
2. Update portions of the City Municipal Code to match the current City Improvement Standards and the new Engineering Standard Specifications. We are anticipating updating portions of the following sections of the Code:
a. Title 10 - Vehicles and Traffic
b. Title 12 - Streets, Sidewalks, and Public Spaces
c. Title 16 - Subdivisions
3. Provide a Draft of Municipal Code Updates for City staff review and approval through the Farmersville City Council.
4. We have included four. (4) meetings with the City under this scope of work.
The above-described Task i services will be provided on a Time and Materials basis with an estimated fee of $55,000 based on our current Fee Schedule. •PROPOSAL SUMMARY
TASK DESCRIPTION FEE COST
1 UPDATES TO THE CITY OF FARMERSVILLE MUNICIPAL CODE T&M $55,000.00 SUBTOTAL: $55,000.00
I SANLUIS OBISPO
9540 Maroon Circle, Suite 11O
Visalia, CA 93292 Engrowood, CO 80112 559-802-305330 / 805-00-4396 CA 93401 Tulare, CA 93274 559-802-3052 20-210-948 559-802-3052 359-802-305:
[email protected] [email protected] [email protected] / [email protected]| [email protected] [email protected] 4CREEKS
CITY OF FARMERSVILLE RESPONSIBLIITIES
• Provide responses to Consultant's questions within two (2) business days throughout the project.
• Attend and participate in project coordination meetings and City review meetings.
Complete all reviews, staff reports, and processes necessary to gain approval and adoption by the City Council.
ASSUMPTIONS AND EXCLUSIONS
All time and material services are determined using the fee schedule under our current agreement, dated September 25, 2023. Optional services in the future will be assessed and estimates may be updated and provided in the event the agreement and fee schedule has been updated
Excluded from this scope of work are the following services:
• City or other agency permit fees.
• Any work not specifically listed in this scope of work.
City and Engineer mutually agree to the terms and conditions of this Task Order, and upon execution of this Task Order by both parties, this Task Order shall be approved, subject to all the terms and conditions contained herein, and in the Agreement and this Task Order shall be appended to and become part of the Agreement.
City of Farmersville 4Creeks, Inc.
*Chil
T
By: Steve Huntley and Jay Brock By: Christopher Crawford, RCE Interim City Manager Vice President
Date: Date: 6/6/24
VISALIA - HO HANFORD SAN LUIS OBISPO TULARE
324 5 Samte Fe st Suite A (OW Bulard Ave, Suite 101 9540 Maroon Circle, Suite 10 308 N Irwin St. 605 Santa Rosa St, Suite A 132 S N St.
Visalia, CA 93292 Clovis, CA 93612 Englewood, CO 80112 Hanford, CA 93230 San Luis Obispo, CA 93401 Tulare, CA 93274 559-802-3052 559-802-3052 720-210-9488 559-802-3052 805-904-4394 559-802-3052 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Effective May 20, 2024
4Creeks, Inc. Fee Schedule - Professional
Fees are based on the median hourly pay rate for employees in each classification, 4CREEKS plus indirect costs, overhead, and profit. Multi-Year contracts are subject to any subsequent changes in these rates. Fee schedules for the various billing categories are: Design Charges Per Charges Per
Classification Classification
Hour Hour
Architectural Services Planning Services
Associate Architectural Project Manager $145 Assistant Planner $105 Associate Architect $155 Associate Planner $125
Architectural Project Manager $170 Planner $145
Architect $180 Senior Planner $175
Senior Architect $215 Principal Planner $210
Principal Architect $245
Project Manager/Coordinator
Civil Engineering Services Associate Project Manager/Coordinator $120 Associate Engineer $145 Project Manager/Coordinator $145 Engineer $160 Senior Project Manager/Coordinator $190
Senior Engineer $195
Principal Engineer $245 Public Outreach Coordination
Associate Outreach Coordinator $105
Construction Inspection (Non-Prevailing Wage) Outreach Coordinator. $125 Associate Construction Inspector* $125
Construction Inspector* $150 Software Engineering Services Senior Construction Inspector* $170 Assistant Software Engineer $90 Associate Software Engineer $110
Construction Management Software Engineer $135
Associate Construction Manager $135 Senior Software Engineer $165 Construction Manager $165
Senior Construction Manager $190 Structural Engineering Services Principal Construction Manager $210 Associate Structural Engineer $145 Structural Engineer $165
Expert Witness Senior Structural Engineer $190
Expert Witness $300 Principal Structural Engineer $215
GIS Services Technical Services
GIS Technician $105 Project Technician I $95
GIS Developer $120 Project Technician II $110
GIS Manager $145 Project Technician III $125
Drone Pilot $175 Project Technician IV $140
Land Surveying Services Utility Design Services
Assistant Surveyor $120 Associate Designer $125
Land Surveyor $155 Designer $155
Senior Surveyor $185 Senior Designer $195
Principal Land Surveyor $215
1-Man Survey Crew* $180 Water Consulting Service:
2-Man Survey Crew* $260 Associate Water Consultan $115
3-Man Survey Crew* $350 Water Consultant $140
Senior Water Consultant. $170
Direct Charges
At cost plus fifteen percent (15%):
Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing Equipment rentals, subcontractors, laboratory analyses
Website Hosting Fees: $15/mo. /$150/annual
*Prevailing' wage rates by separate schedule - Varies by County 1 of 1
CITY OF
FARMERSVILLE
City Council
Staff Report 8J
TO: Honorable Mayor and City Council
FROM: Michael Schulte, City Attorney
DATE: June 10, 2024
SUBJECT: Task Order Proposal for 4Creeks to Prepare the City of Farmersville Engineering Standard Specifications in the amount of $35,000
RECOMMENDED ACTION:
Staff recommends that the City Council authorize the Interim City Manager to sign the Task Order in the amount of $35,000 with 4Creeks to prepare the City's Engineering Standard Specifications.
BACKGROUND and DISCUSSION:
Currently, there are conflicts between the City's Municipal Code and the City's Improvement Standards and Engineering Standard Specifications. Further, the out of date standards and specs could allow a developer to construct their improvements to lesser standards. With all of the housing and commercial developments currently moving forward, there are likely to be issues regarding substandard construction. This item is being considered along with a separate proposal for the update of the City's Municipal Code.
City Engineering Standard Specifications work in conjunction with the City Standard Plans to provide guidance to City staff and contractors performing work in the field. The specifications are important to set clear construction and quality standards, particularly for private development projects being completed in the City.
4Creeks is proposing to assist the City with their City Engineering Standard Specifications and the City's Capital Project Contract document to provide a finished Engineering Standards Specifications document that incorporates current State codes for construction. :
FISCAL IMPACT:
To fund these updates, the City will utilize general funds. However, it is possible that the general funds can be reimbursed through impact fee collections/accounts.
ATTACHMENT(S):
4Creeks Proposal & Task Order
:
:
4CREEKS
June 6, 2024
Mr. Steven Huntley and Mr. Jay Brock
City of Farmersville
909 W. Visalia Road
Farmersville, CA 93223
(559) 747-0458
-
Subject: Task Order No. 9 - 4Creeks Job #240630
Prepare City of Farmersville Engineering Standard Specifications Dear Mr. Steven Huntley and Mr. Jay Brock,
4Creeks has prepared a scope and fee for the services required to prepare the City of Farmersville Engineering Standard Specifications.
The following pages will provide a breakdown of the tasks needed to complete this project.
Encl: Scope of Work and Estimated Fees
Job Nò. 240630
•
VISAA-HO I CLOVIS HANFORD | SAN LUIS OBISPO 1 TULARE
324 S Sante FeSt Suite A 9540 Maroon Circle, Suite lIO 308N Iwin St. 132S N St.
Visalia, CA 93292 Clovis, CA 93612 Englewood, CO 80112 Hanford, CA 93230 Tulare, CA 93274 559-802-3052 559-802-3052 720-210-9488 559-802-3052 805-904-4394 559-802-3052 [email protected] [email protected] I [email protected] [email protected]: [email protected] 1 [email protected] 4CREEKS
SCOPE OF WORK
Task 1: Preparation of City Engineering Standard Specifications City Engineering Standard Specifications typically work in conjunction with the City Standard Plans to provide guidance to City staff and contractors performing work in the field. These things are crucial to set clear construction and quality stardards, in particular for private development projects being completed in the City. As part of this task, 4Creeks is proposing to assist the City with their City Engineering Standard Specifications. 4Creeks will also review the City's current Capital Project Contract document to determine if portions of this should be incorporated into the City's Engineering Standard Specifications document. We anticipate that this work will take approximately 9-12 months to complete depending on City review and turnaround timelines. This timeline is based on our experience performing similar tasks with other agencies and agency review timelines.
4Creeks will complete the following:
Provide finished Engineering Standard Specification document in Word and PDF format.
Table of Contents will be included for major section headings. In general; we anticipate providing a document similar to the City of Visalia Engineering Standard Specifications.
Irrigation and landscaping, traffic signal, electrical, and fiber optic specifications are excluded from this task. We have also assumed that calculations will not be required for this task.
2. Provide two (2) submittals to the City for review and comment to complete this process.
3. Conduct up to three (3) meetings with City of Farmersville staff.
The above-described Task 1 services will be provided on a Time and Materials basis with an estimated fee of $35,000 based on our current Fee Schedule.
PROPOSAL SUMMARY
TASK •DESCRIPTION FEE COST
PREPARE CITY STANDARD SPECIFICATIONS T&M $35,000.00
SUBTOTAL: $35,000.00
324 Santo fo st suite a BOW Bullrd Ave, Suite io io1 Maroon Circle, Suite to t1D min se / HANFORD (TULARE 132S N St
Visalia, CA 93292 Clovis, CA 93612 Englewood, CO 80112 Tulare, CA 93274 559-802-3052 559-802-3052 sogdereks.com/[email protected] 559-802-3052 [email protected] [email protected] | [email protected] 4CREEKS
CITY OF FARMERSVILLE RESPONSIBLIITIES
• Provide responses to Consultant's questions within two (2) business days throughout the project.
• Attend and participate in project coordination meetings and City review meetings.
Complete all reviews, staff reports, and processes necessary to gain approval and adoption by the City Council.
ASSUMPTIONS AND EXCLUSIONS
All time and material services are determined using the fee schedule under our current agreement, dated September 25, 2023. Optional services in the future will be assessed and estimates may be updated and provided in the event the agreement and fee schedule has been updated
Excluded from this scope of work are the following services:
• City or other agency permit fees.
• Irrigation and landscaping, traffic signal, electrical, and fiber optic specifications. • Calculations.
• Any work not specifically listed in this scope of work.
City and Engineer mutually agree to the terms and conditions of this Task Order, and upon execution of this Task Order by both parties, this Task Order shall be approved, subject to all the terms and conditions contained herein, and in the Agreement and this Task Order shall be appended to and become part of the Agreement.
City of Farmersville 4Creeks, Inc.
x
Chil
By: Steven Huntley and Jay Brock By: Christopher Crawford, RCE Interim City Manager Vice President
T
Date: Date: 6/6/24
VISALIA - HO CLOVIS HANFORD SAN LUIS OBISPO TULARE
LOW Bulord Ave, Suite 01 BEa Maroon Circle, Suite no
324 S Sante Fe St, Suite A 308 N Irwin St 605 Santa Rosa St, Suite A 132 S N St Visalia, CA 93292| Clovis, CA 93612 Englewood, Co 80112 Hanford, CA 93230 San Luis Obispo, CA 93401 Tulare, CA 93274 559-802-3052 559-802-3052 720-210-9488 559-802-3052 805-904-4394 559-802-3052 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Effective May 20, 2024
4Creeks, Inc. Fee Schedule - Professional
4CREEKS
Design
Classification Charges Per Charges Per
Classification
Hour Hour
Architectural Services Planning Services
Associate Architectural Project Manager $145 Assistant Planner $105 Associate Architect $155 Associate Planner $125
Architectural Project Manager $170 $145
Architect $180 Senatane, $175
Senior Architect $215
Principal Architect $245
Project Manager/Coordinator
Civil Engineering Services Associate Project Manager/Coordinator 3120* 5145 Project Manager/Coordinator $145
$160 Senior Project Manager/Coordinator $190
Senior Engineer $195
Principal Engineer $245 Public Outreach Coordination
Associate Outreach Coordinator $105
Construction Inspection (Non-Prevailing Wage) Outreach Coordinator $125 Associate Construction Inspector* $125
Construction Inspector* $150 Software Engineering Services Senior Construction Inspector* $170 Assistant Software Engineer $90 Associate Software Engineer $110
Construction Management Software Engineer $135
Associate Construction Manager $135 Senior Software Engineer $165 Construction Manager $165
Senior Construction Manager $190 Structural Engineering Services Principal Construction Manager $210 Associate Structural Engineer $145 Structural Engineer $165
Expert Witness Senior Structural Engineer $190
Expert Witness $300 Principal Structural Engineer. $215 GIS Services Technical Services
GIS Technician $105 Project Technician 1 $95
GIS Developer $120 Project Technician II $110
GIS Manager $145 Project Technician III $125
Drone Pilot $175 Project Technician IV $140
Land Surveying Services Utility Design Services
Assistant Surveyor $120 Associate Designer $125
Land Surveyor $155 Designer $155
Senior Surveyor $185 Senior Designer $195
Principal Land Surveyor $215
1-Man Survey Crew • $180 Water Consulting Services
2-Man Survey Crew• $260 Associate Water Consultant $115 3-Man Survey Crew* $350 Water Consultant $140
Senior Water Consultant $170
Direct Charges
At cost plus fifteen percent (15%):
Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing Equipment rentals, subcontractors, laboratory analyses
Website Hosting Fees: $15/mo. / $150/annual
*Prevailing wage rates by separate schedule - Varies by County 1 of 1