CITY OF FORT BRAGG
PROFESSIONAL SERVICES AGREEMENT
WITH
LUMOS & ASSOCIATES, INC.
THIS AGREEMENT is made and entered into this __ day of June, 2024 (“Effective Date”), by and between the CITY OF FORT BRAGG, a municipal corporation, 416 N.
Franklin Street, Fort Bragg, California 95437 (“City”), and Lumos and Associates, Inc., a Nevada corporation 950 Sandhill Road, Suite 100, Reno, Nevada 89521 (“Consultant”).
W I T N E S S E T H :
A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor for On-Call Engineering & Surveying Services for two years, as more fully described herein; and
B. WHEREAS, Consultant represents that it is a “design professional” as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit “A” (the “Project”) and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
E. WHEREAS, the legislative body of the City on June 24, 2024, by Resolution No. _____ authorized execution of this Agreement on behalf of the City in accordance with Chapter 3.20 of the City Municipal Code and/or other applicable law; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Work. Consultant shall provide the professional services described in the Consultant’s Proposal (“Proposal”), attached hereto as Exhibit A and incorporated herein by this reference.
1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall Lumos & Associates, Inc. 2
advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City as hereinafter specified. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.
1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, sexual orientation, or disability except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
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Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, sexual orientation, or disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.
1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement.
Consultant's covenant under this Section shall survive the termination of this Agreement.
2.0. COMPENSATION, BILLING AND PREVAILING WAGES
2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit A, for a total amount not to exceed Eighty Thousand Dollars ($80,000.00) with Forty Thousand Dollars ($40,000.00) allocated for fiscal year 24/25 and Forty Thousand Dollars ($40,000.00) allocated for fiscal year 25/26.
2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of work specified in the Consultant’s Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described "Scope of Work," an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. The City Manager may approve contract change orders not Lumos & Associates, Inc. 4
exceeding a total of 10% of the approved contract or up to the contingency amount whichever amount is less for any one project.
2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but not more often than monthly. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.
City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the date of final payment.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the issuance of Notice to Proceed. Said services shall be performed in strict compliance with the schedule set forth in the Scope of Work attached hereto as Exhibit A. Consultant will complete the services in accordance with this Agreement by June 30, 2026. The Time of Completion may only be modified by a written amendment of the Agreement signed by both the City and the Consultant and in accordance with its terms.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and expire on September 20, 2026 unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least ten (10) days prior written notice to Consultant. The termination of this Agreement shall Lumos & Associates, Inc. 5
be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.
If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.
4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.
City shall not be liable for any claim of lost profits.
4.4. Documents. In the event of termination of this Agreement, all documents Lumos & Associates, Inc. 6
prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent Best’s Key Insurance Rating Guide, and approved by City:
(a) Broad-form commercial general liability, in a form at least as broad as ISO form #CG 20 01 04 13, including premises-operations, products/ completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) aggregate, combined single limits. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability for owned vehicles, hired, and nonowned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers' compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
Before execution of this Agreement by the City, the Consultant shall file with the City Clerk the following signed certification:
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I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.
The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the City Clerk before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than Two Million Dollars ($2,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.
Neither the City nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.
5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of Fort Bragg and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant." (b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or selfinsured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall Lumos & Associates, Inc. 8
forthwith obtain and submit proof of substitute insurance. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant’s sole cost and expense.”
(c) Other insurance: "The Consultant’s insurance coverage shall be primary insurance as respects the City of Fort Bragg, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Fort Bragg shall be excess and not contributing with the insurance provided by this policy." (d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Fort Bragg, its officers, officials, agents, employees, and volunteers.
(e) 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.
5.3. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention.
5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit B and incorporated herein by this reference.
5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, Lumos & Associates, Inc. 9
except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.
6.3. Project Managers. The Project Manager designated to work directly with Consultant in the performance of this Agreement will be Chantell O’Neal. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.
Consultant designates Tim Russell as its Project Manager, who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Lumos & Associates, Inc. City Clerk
950 Sandhill Road, Suite 100
Reno, NV 89521
Tel: 916-980-8228
City of Fort Bragg
416 N. Franklin St.
Fort Bragg, CA 95437
Tel: 707-961-2823
Fax: 707-961-2802
6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.
6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the Lumos & Associates, Inc. 10
parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Mendocino County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.
6.8. Indemnification and Hold Harmless.
If Consultant is not a design professional performing “design professional” services under this Agreement, as that term is defined in Civil Code Section 2782.8, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
If Consultant is a design professional performing “design professional” services under this Agreement, as that term is defined in Civil Code Section 2782.8, Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other Lumos & Associates, Inc. 11
indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement.
Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall 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 further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s 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 reimbursement or indemnification arising under this paragraph.
6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.
6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its Lumos & Associates, Inc. 12
subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.
6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.
6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.
6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to Lumos & Associates, Inc. 13
participate in any meeting required with regard to the correction.
6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.
6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City’s Request for Proposals, the Consultant’s Proposal.
6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.
6.20. Headings. Paragraph and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.
6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.24. Severability. If any provision of this Agreement is determined by a court of Lumos & Associates, Inc. 14
competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.
6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.
6.27. Use of Recycled Paper Products. In the performance of this Agreement, Consultant shall use paper products and printing and writing paper that meets Federal Trade Commission recyclability standards as defined in 16 CFR 260.12.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.
CITY CONSULTANT
By: ____________________________ By: _____________________________ Isaac Whippy Tim Russell
Its: City Manager Its: Engineering Director
ATTEST:
By: ____________________________
Diana Sanchez
City Clerk
APPROVED AS TO FORM:
By: _____________________________
Baron J. Bettenhausen
City Attorney
City of Fort Bragg | Section E | Scope of Work
30 | Page Statement of Qualifications for On-Call Engineering & Surveying Services Scope of Work
Project Management:
We will provide project coordination, administration, and quality control. We will coordinate activities and participate in project meetings with Staff and City Council or Public Works & Facilities Committee as needed. Each meeting will include an agenda and minutes. Our project manager will perform brief check-in calls, throughout the contract period. We will monitor budget and schedule and prepare monthly status reports for inclusion with our monthly invoices.
Quality Control:
Our approach to quality is based on applying the “right reviews” at the “right time” to make sure that the project starts of correctly and ends successfully.
Quality Assurance of All Documentation
The quality assurance will ensure all deliverables are reviewed for quality prior to submittal.
The project manager will perform the quality review of all project deliverables. This includes all products prepared by our sub consultants. Comments delivered in meetings and those conveyed during intermediate check-in calls will be tracked for integration into the project.
We will prepare a comment resolution matrix (CRM) with each submittal so that resolution can be monitored throughout project delivery.
Quality Control Review
An Independent Technical Reviewer (ITR) engineer, who is not assigned design responsibility for the project, will provide review of 30%, 60%, 90% and 100% plan submittals, Specifications, and cost estimates. This ensures an independent of the information presented in the documents at face value. Having the same ITR engineer for each stage will ensure consistency in deliverables. Each deliverable will go through three stages of review. Initial review will be conducted by task design lead, second review will be conducted by the ITR, and finally the Project Manager will provide a quality assurance review before the deliverable is submitted to the City. Each stage of the review will be documented.
All review comments received from the City on the prior submittal will be summarized and Lumos’ response will be prepared with the required corrections made. A Comment Resolution Matrix (CRM) will be prepared and updated for each submittal. The ITR will confirm the comments have been addressed. This procedure will be followed both for Internal QC and for external comments provided by the City or other responsible agencies.
Our standard QA/QC forms are included on the following pages for reference.
Exhibit A
City of Fort Bragg | Section E | Scope of Work
31 | Page Statement of Qualifications for On-Call Engineering & Surveying Services City of Fort Bragg | Section E | Scope of Work
32 | Page Statement of Qualifications for On-Call Engineering & Surveying Services City of Fort Bragg | Section E | Scope of Work
33 | Page Statement of Qualifications for On-Call Engineering & Surveying Services Scope and Cost Control
Cost Control starts with a clearly defined and agreed upon scope of work. Our first step is to review our proposed scope of work with the City to clarify tasks and identify assumptions. When we agree on the work from the start, it is much easier to control costs and identify changes in the scope.
Lumos will detail all the assumptions made to develop the tasks and estimate the level of effort.
Competent staff will be assigned for each task to ensure work is completed as envisioned.
Proactively discussing scope maintenance and budgets on a regular basis assists our team with timely change identification, developing alternatives for dealing with the change, and maintaining schedule.
Potential scope changes will be identified and discussed with the City Project Manager. Clear communication is our best tool to manage project changes.
City Engineering Services (Acting City Engineer)
As Acting City Engineer, we provide a range of services, including engineering design support, technical administration, and operations and maintenance support.
We recommend that the City establishes a specific email address for the Acting City Engineer, such as [email protected]. This will facilitate direct communication with constituents and other agencies via a city email address, helping to avoid confusion caused by using an email address inconsistent with the City.
The following list outlines some of the many scope of work items that can be carried out by an on-call Acting City Engineer. Our team is prepared to address all of the services stated in the RFP.
Routine City Engineering Services
• Capital Improvement Program (CIP)
• Project planning and scheduling
• Request for Proposals (RFPs)
• Proposal and bid evaluation
• Grant applications
• Represent the City with community and outside agencies • Prepare and present staff reports
• Prepare status reports for projects
• Participate in Public Works Committee meetings
• Monitor changes in state laws/regulations that may affect public works and engineering operations
• Review and comment upon changes in municipal codes
• Prepare updates to City standard drawings
• Provide emergency response in times of infrastructure failure, unusual weather and other disasters such as flooding, earthquake, etc.
• Provide utility interface as necessary with PG&E, cable and other utility providers • Procurement of specialized services, i.e. speed surveys, small construction projects, etc.
City of Fort Bragg | Section E | Scope of Work
34 | Page Statement of Qualifications for On-Call Engineering & Surveying Services Application Funded City Engineering Services
• Planning / entitlement application review
• Encroachment permit application review
• Utility encroachment permit review
• Traffic Control plan review
• Improvement plan review
Grant Funded City Engineering Services
• Project management
• Grant application support
• Local Assistance Coordination (Federally funded transportation projects) City Engineering Task Order Services
Civil Engineering Services
Structural Engineering Services
Geotechnical Engineering Services
Pavement Condition Index Survey
StreetSaver® updates
Prepare plans, specifications, and estimates for City projects:
Streets
Water
Sewer
Storm Drainage
Structural Engineering Task Order Services
Structural calculation review
Retaining wall design
Foundation design
Seismic analysis, new structures and retrofit
Mechanical, Electrical and Plumbing Task Order Services HVAC Design
o New Structures
o Renovation and Remodel Structures
o Building Code Compliance
Electrical System Design
o Building Structures
o Photometrics and street lighting
o New electrical services
o Building Code Compliance
Plumbing Design
o New Structures
o Renovated and Remodel Structures
o Building Code Compliance
City of Fort Bragg | Section E | Scope of Work
35 | Page Statement of Qualifications for On-Call Engineering & Surveying Services Environmental Engineering Task Order Services
CEQA Analysis
ISMND
Biological Studies
Cultural Studies
Geotechnical Engineering Task Order Services
Soils Testing
Foundation Design
Slope Stability
Compaction curves
Density Testing
Surveying Task Order Services
Topographic Data Collection and Mapping
Base Mapping
Boundary Surveys
Plats and Legal Descriptions
Construction Staking
City Surveyor Services
GIS Mapping and Analysis
Review, comment and issuance of Certificate of Compliance for lot line adjustments.
SAMPLE SCOPE OF SERVICES (TASK ORDER)
Below are examples of how we would approach Civil, Structural, Geotechnical and Surveying Task Orders. A similar approach would be applied to Task Orders for Environmental, Mechanical, Electrical, and Plumbing Task Orders.
CIVIL ENGINEERING SERVICES (TASK ORDER)
Below is a sample approach for a roadway project which includes replacement and or upgrade to existing sewer collection. This is a sample only, to demonstrate our ability to deliver both utility and surface improvement projects. Key elements of our general approach for a civil design project would include an initial meeting to understand the project limits and scope, along with the project goals and budget. We would then review existing studies such as safety plans, Storm Drainage Master Plan, Alley Master Plan, Local Roadway Safety Plan, Complete Streets Safety Assessment, and any other existing studies that are applicable to the work area.
We would then discuss with the City the findings of our review of the existing studies to determine if any of the recommendations should be incorporated into the subject project.
Lumos would produce a schematic design that would include preliminary layout of the project.
The schematic design will convey work limits as well as findings from our existing conditions evaluation such as locations where underground utilities need to be replaced or rehabilitated.
City of Fort Bragg | Section E | Scope of Work
36 | Page Statement of Qualifications for On-Call Engineering & Surveying Services If engineering studies are warranted, such as storm drainage study to confirm capacity and or a geotechnical investigation to define existing road structural section as well as underlying soil types and properties, they will be performed now.
We will start the utility coordination process at this time too, with A letters sent to utility companies to determine the type, materials, location, and size of existing utilities, as well as identify any planned improvements the utilities may wish to perform prior to the project. At critical connection points, potholing of existing utilities may be required.
We will then layout the sewer replacement to identify existing utility crossings, points of connection, and service laterals. At this time we may choose to dispatch a utility location company to identify the location and approximate depth of underground utilities to determine more accurate locations of crossings and where the potential for conflict is most likely.
We would then prepare a basemap that includes right-of-way (if necessary), contours, existing improvements and utilities. Lumos will identify any existing infrastructure which should be considered for repair or replacement including but not limited to curb, gutter, sidewalk, driveways, water, sewer and storm drainage facilities, etc. which are within the work limits. If necessary, CCTV can be utilized to investigate the condition of underground gravity systems.
Lumos would then perform a structural section alternatives analysis for the paved surface to determine the most cost-effective solution using lifecycle analysis. Alternatives would be discussed with city staff and design team members. Rehabilitation options typically considered include:
• Pulverizing existing material in place, compaction, and overlay with asphalt concrete (ac) paving,
• Removal and replacement with a conventional ac and aggregate base pavement section, • Full-depth ac (for shallow utilities),
• Cement treated base (ctb) and/or lime treated base (ltb), • Subgrade stabilization with geogrids or geofabrics; or • Portland cement concrete paving (most frequently used at intersections).
Preservation or maintenance options include:
Corrective approach, such as, permanent ac patching with mill and overlay • Maintenance approach utilizing different treatment types, such as, crack seal, slurry seal, and chip seal.
Lumos will then prepare a profile for the proposed sewer alignment to clarify the vertical constraints and further clarify the potential utility crossing conflicts. If crossings between gravity systems are identified with the profile we will evaluate alternatives to avoid the conflicts. Where non gravity system conflicts are identified, we will notify the utility provider of the conflict so that a resolution can be developed.
The level of outreach to project stakeholders and the traveling public will vary depending on the project setting, public interest, and potential issues. Regardless, it is important to involve City of Fort Bragg | Section E | Scope of Work
37 | Page Statement of Qualifications for On-Call Engineering & Surveying Services affected businesses and property owners to inform them of the project, get their input, and hear their concerns.
Design development would then proceed by refining the schematic design layout to include plan notations, construction notes, details, sections and necessary profile sheets. Technical specifications and costs estimates would also be developed reflecting the level of design (50% to 65%). The plans, specifications and cost estimate would be reviewed with the design team and city staff to ensure the project meets with the city’s expectations, discuss project alternatives, and resolve any issues. If necessary, stakeholder and/or public input can be reflected in the design at this time.
Lumos would then undertake the preparation of 90% plans and specifications and update the cost estimate accordingly. Any additional agency submittals required, would be made at this time. Both city and agency comments would be incorporated into the final bid documents and cost estimate delivered to the city.
During project bidding, Lumos would be available to answer specific questions regarding the design. If desired, Lumos can provide additional services during the bidding process to assist with such tasks as reproduction and distribution of bid documents, coordination of the pre-bid meeting, preparation of meeting agendas and notes, development and distribution of bid addendums, review and evaluation of bids and recommendations of award.
Typical construction engineering services during project construction would be review of submittals, responding to requests for information (rfi) and investigation into any unforeseen site conditions. In addition, Lumos can provide contract administration services.
STRUCTURAL ENGINEERING SERVICES (TASK ORDER)
The Structural Engineering Division of Lumos offers a full range of structural consulting services to both public and private clients throughout the western United States and Hawaii. We have over seven decades of combined experience, and creative solutions for an extensive variety of project types. From commercial structures, industrial facilities and civil structures to the rehabilitation, and seismic strengthening of existing buildings and historical facilities, our team can meet all your project needs. We continue to have a passion for problem solving and critical thinking, and we take great pride in helping our clients achieve their goals.
Having Civil Engineering and Structural Engineering services in-house has allowed both teams the ability to collaborate on projects. The Structural Engineering team has worked on a multitude of Public Works buildings, parks, and facilities for local, state, and municipal governments. Recent projects include seismic retrofit and structural design renovations for the two-story Heroes Memorial and Veterans Memorial Hall for Carson City. Most notably, our Structural Team has extensive experience providing evaluation, rehabilitation, and seismic strengthening of existing structures in the Lake Tahoe Basin, with a recent structural condition survey conducted at the four golf cart pathway bridges at the Incline Village Mountain Golf Course to assess the condition of the bridges as part of the overall recommendations for maintenance and/or rehabilitation of the existing pathway system.
City of Fort Bragg | Section E | Scope of Work
38 | Page Statement of Qualifications for On-Call Engineering & Surveying Services
OUR STRUCTURAL ENGINEERING SERVICES
Buildings
• Single and Multi-story Commercial
Buildings
• High-end Single Family Residential
• Institutional Buildings
• Medical Buildings
• Educational Buildings
• Parking Garages
• Religious Buildings
• Municipal Buildings
• Warehousing Buildings
• Historical Building Seismic Retrofits
• Transportation Facilities
• Industrial Facilities
Energy/Miscellaneous
• Geothermal Power Plants
• Process Equipment & Machinery
Support Structures
• Foundation System Design
• Mining Structures
• Electrical Substations
Civil Structures
• Water Conveyance & Water
Retention Structures
• Drainage Structures
• Drop Structures
• Water/Wastewater Facilities
• Earth Retaining Structures
• Bridge Abutments
• Culverts
Engineering Studies
• Structural Condition Surveys
• Seismic Risk Assessments
• Forensic Investigations &
Evaluations
• Damage & Failure Assessment
• Feasibility & Project Development
Studies
• Historic Building Preservation
Studies
GEOTECHNICAL ENGINEERING SERVICES (TASK ORDER)
Lumos’ geotechnical and materials testing department provides full-service accredited testing laboratories with certified laboratory technicians NICET, NAQTC & ACI (National Institute for Certification for Engineering and Technology) that offer these services: Soils: moisture density curves, R-Value, consolidation, plastic index, sand equivalent, unit weight; specific gravity, hydrometer analysis, organic impurities, sieve analysis, coarse and fine #200 wash, LAR (Percentage of Wear), sodium sulfate soundness, durability index; expansion index, fractured faces, clay lump/friable particles, and direct shear (slope stability), moisture content | Concrete:
compressive strength of concrete, grout, and mortar; flexural strength of beams; compressive strength of concrete cores; concrete mix design; cement-treated base mix design | Asphalt:
Bituminous content (ignition); aggregate gradation; asphalt stability and flow (Marshall Method); theoretical maximum specific gravity (Rice); unit weight of asphalt core and compacted samples; air voids in AC cores; asphalt concrete mix design | Emulsions: ring & ball softening point and asphalt residue; viscosity.
Our technicians are trained and certified in field testing and sampling of materials and are able to provide the following field-testing services: Soils: nuclear density testing and sand cone density testing fill soils of subgrade soils and aggregate base materials, sampling of fill soils subgrade soils and aggregate base materials at production plants, job sites, and from subsurface exploration borings or test pits, field classification of soils and aggregates utilizing the Unified Soil Classification System (USCS), concrete field sampling, slump testing, air City of Fort Bragg | Section E | Scope of Work
39 | Page Statement of Qualifications for On-Call Engineering & Surveying Services content, volumetric and pressure methods; unit weight; temperature; casting compressive and flexural strength test specimens | Asphalt: field sampling and observation of placement, field density measurements by nuclear methods, temperatures, mat thickness, and core sampling | Emulsion: observation of field sampling of emulsions.
Lumos equips every team member with the PPE for inspections and materials testing.
SURVEYING SERVICES (TASK ORDER)
Our team has completed thousands of topographic, boundary, right-of-way, and construction staking projects. Our survey crews are equipped with the most advanced GNSS receivers, robotic total stations, unmanned aircraft systems (drones), and 3D scanners in the industry.
Our local knowledge of existing survey control, historical mapping, environmental challenges and the end user design criteria allows us to view the goals of the entire project while providing efficient, cost-effective, and accurate surveys; on time and on budget.
Our survey department provides boundary and topographic surveys for all of our firm’s engineering and structural engineering design projects. We work side by side with each department in all of our locations and understand what an engineer needs to see on our survey maps to have a successful design.
When Lumos is requested to provide professional surveying services, our experience has taught us that the foundation for a successful project is an open dialog with the client to fully understand the specific needs of the project. We will discuss any special concerns or areas of detail with the client to determine the best way to meet the project goals. A team will them be selected from our survey department that best fits the needs and the specific goals for the project. The selected Survey Project Manager will then prepare a scope of work outlining our project approach for the clients review. After client review, modifications can be made to the scope as requested. Once approval of the scope is achieved and a notice to proceed is issued, we will create a task management plan and begin work.
We begin a topographic or boundary mapping project by researching record information.
Research includes reviewing public and private records including title reports, right-of-way maps and dedications, record maps, deeds, utility maps, and government survey returns. Horizontal and vertical control will be researched to determine what is available in the project area to establish the project datum.
The Project Surveyor will then prepare a field file for the survey crew that details the field procedures and requirements for that specific project. The field crew will perform the necessary field measurements including the location of project control, boundary evidence, existing topography, physical improvements, and utilities. Once field work is completed, the raw field data is reduced and adjusted if necessary, and then inserted into an AutoCAD drawing. Final project control, right-of-way, and boundary information will be determined by the Project Surveyor. Topographic mapping will be prepared in conformance with National Map Accuracy Standards.
City of Fort Bragg | Section E | Scope of Work
40 | Page Statement of Qualifications for On-Call Engineering & Surveying Services Most all of our mapping projects will include aerial photogrammetry from either a fixed-wing plane or drone. We have the ability to collect LiDAR and/or photography depending on the goals of the project. In addition to having a current photo background for our deliverables, aerial photography allows us to work more efficiently and safely to collect survey data. This is achieved by reducing time in the field, keeping our field crews safer in roadways and hazardous areas, providing overlap beyond typical project limits, and providing another level of quality control for features that maybe overlooked on an initial field survey. All topographic data is collected and downloaded into AutoCAD Civil3D software to create the final terrain model which becomes the foundation of the design project.
At completion of the mapping project a draft will be sent to the client for review to ensure that all required information has been provided. After client review and approval, the final wet stamped map will be provided together with the AutoCAD file and any supporting record documents gathered during the course of the survey.
A construction surveying project begins with the review of the provided construction drawings and schedule. The Project Surveyor makes office calculations to determine the record positions of the project control based upon the basis of bearings and benchmark referenced on the improvement drawings. The survey crew is then sent to the field to verify the project control and supplement it if necessary. During the initial verification survey, the field crew makes measurements at critical project match locations such as utility tie-ins and existing surface improvements around the project.
The Project Surveyor then prepares the calculations and cut sheets required for staking for the project. This information is electronically loaded into the survey crew’s data collector. Based upon constant communication with the client, the field crew is directed to provide stakeout services as requested throughout the project.
When the field crew is staking improvements, a check shot is stored on every point set in the ground. At the end of each day these check shots are reduced in the office and reviewed against the original calculations and field cut sheets. The cut sheets and staking plots are then provided to the contractor for reference. At the end of the project final services can be provided including record surveys, final grading certificates, building set back certificates, and FEMA elevation certificates as requested.
A City Surveyor Project includes review and execution of preliminary maps as part of the development entitlement phase, review final maps to ensure accuracy and compliance with entitlements and Planning Commission and/or City Council conditions of approval, parcel maps, lot line adjustments, and certificates of compliance. Lumos & Associates provides map review in a timely manner. Immediately upon receipt of a request for review, the task is logged in and given a task number and tracked within our system. We will establish a schedule for the review, and respond to the Town outlining the anticipated schedule. As we have experienced with reviewing services for agencies, we will typically be able to complete the review within five to ten business days. In the event that the request is made at a time when all of our available staff are operating under unusually heavy workloads, all requests for review will be completed within 20 working days, as mandated by the Professional Land Surveyors Act of California.
City of Fort Bragg | Section E | Scope of Work
41 | Page Statement of Qualifications for On-Call Engineering & Surveying Services The organization of the Lumos Survey Division differs from firms whose locations operate as independent business units. With Land Surveying, workloads fluctuate between seasons and the changing needs of projects. Lumos Project Managers make an effort to meet virtually every week to discuss workload, staff availability, and safety to continually balance resources to meet project schedules without overburdening any individual members of staff. In order to ensure quality, consistent map review comments, each Map Review project will be assigned to Rick Byrem who will manage the map review process from start to finish while utilizing other technical and professional staff as needed. While this approach may require additional internal coordination, we find that the time savings through the lifecycle of the map review combined with a singular voice of comments will yield the best result for the City.
City of Fort Bragg | Section F | Budget and Schedule of Charges 43 | Page Statement of Qualifications for On-Call Engineering & Surveying Services Lumos & Associates – 2024 Schedule of Charges
Civil & Structural Engineering Services Per Hour
Director $320
Group Manager $305
Assistant / Project / Senior Project Manager $230 / $260 / $275 Staff / Project / Senior Hydrogeologist $210 /$220 / $230 Staff / Project / Senior Project Engineer $210 / $220 / $235 Assistant / Project / Senior Project Coordinator $165 / $200 / $215 Project / Senior Project Designer $180 / $190
Engineering Technician I / II / III $115 / $155 / $170
Geotechnical Engineering Services Per Hour
Director $320
Materials Testing Engineer $285
Assistant / Project / Senior Project Manager $230 / $260 / $275 Staff / Project / Senior Geotechnical Engineer $210 /$220 / $235 Geotechnician $190
Materials Technician I /II / III (includes nuclear gauge) $115 / $145 / $155 Administrative Technician $125
Surveying Services Per Hour
Project Manager $260
Staff Surveyor $210
GIS Analyst $155
Administrative Services & Other Services Per Hour
Administrative Support $135
Copy & Print Services Cost + 15%
Mileage (per mile) 0.75
Overnight Travel Accommodations (per night) $220
• Map filing, checking, consulting, and other fees paid on behalf of the client shall be billed at cost plus fifteen percent (15%).
• Overtime hours will be billed at 1.5 times the standard rate where applicable. • Survey and Field crew billing rates include standard field survey equipment and truck up to 30 mile radius, after which mileage rates apply
• Fees for depositions and testimony will be billed at two (2) times the standard billing rates
City of Fort Bragg | Section F | Budget and Schedule of Charges 44 | Page Statement of Qualifications for On-Call Engineering & Surveying Services 15000 Inc. – 2024-2026 Schedule of Charges
Mechanical & Plumbing Engineering Services Per Hour
(E1) Principal Mechanical Engineering $299
(L1) Principal Electrical Engineering $299
(E2) Mechanical Engineering $276
(L2) Electrical Engineering $276
(D1) Senior Mechanical/Electrical Design $253
(D2) Mechanical/Electrical Design $241.50
(3D) Building Information Modeling $241.50
(CX) Commissioning Services $230
(CG) CalGreen Special Inspector Activities $207
(EA) Energy Analysis $207
(DR) Computer Aided Drafting $195.50
Administrative Services & Other Expenses Charge Rate
Mileage $0.55 per mile
Sub-consultants Cost + 15%
Shipping Cost + 10%
All other expenses Cost + 15%
PK Electrical, Inc. – 2024 Schedule of Charges
Electrical Engineering Services Per Hour
Karen D. Purcell, P.E. (Principal) $299
Engineering Manager $276
Senior Project Engineer $247.25
Senior Project Manager $241.50
Engineering Designer 1 / 2 / 3 $184 / $207 / $230
Technology Manager $264.50
Fire Alarm Engineer/Designer $253
Production/BIM Manager $172.50
Production Drafter 1 / 2 / 3 $126.50 / $132.25 / $138
Accounting Manager $149.50
Clerical Administration $126.50
Printing Services Charge Rate
Black & White Copies (8 ½ x 11”) $0.06/each
Color Copies (8 ½ x 11”) $0.30/each
Black & White Copies (8 ½ x 14”) $0.11/each
Color Copies (8 ½ x 14”) $0.60/each
Black & White Copies (11 x 17”) $0.12/each
Color Copies (11 x 17”) $0.60/each
Red-lined Copies $0.75/sf
City of Fort Bragg | Section F | Budget and Schedule of Charges 45 | Page Statement of Qualifications for On-Call Engineering & Surveying Services Large Scale Copies (24x36”, 18x24”, 30x42”, 36x48”) $2.25/sf File Processing Fee for CAD Drawings $0.20/each
The rates shown below do not include travel costs or time associated with travel.
Metering Services Charge Rate
Electric Metering Device – 24 Hour Recording Per Load $690/each Electric Metering Device – 7 Day Recording Per Load $1,150/each Electric Metering Device – 30 Day Recording Per Load $1,840/each ECORP Consulting, Inc. – 2024-2026 Schedule of Charges
2024 Environmental Engineering Services Per Hour
Principal V $460
Principal IV $385.25
Principal III $327.75
Principal II $281.75
Principal I $264.50
Professional XI $281.75
Professional X $258.75
Professional IX $235.75
Professional VIII $218.50
Professional VII $201.25
Professional VI $189.75
Professional V $178.25
Professional IV $166.75
Professional III $155.25
Professional II $143.75
Professional I $132.25
Technician IV $126.50
Technician III $120.75
Technician II $109.25
Technician I $97.75
Project Admin III $143.75
Project Admin II $120.75
Project Admin I $109.25
2025 Environmental Engineering Services Per Hour
Principal V $473.80
Principal IV $396.75
Principal III $338.10
Principal II $289.80
Principal I $272.55
Professional XI $289.80
City of Fort Bragg | Section F | Budget and Schedule of Charges 46 | Page Statement of Qualifications for On-Call Engineering & Surveying Services Professional X $266.80
Professional IX $242.65
Professional VIII $225.40
Professional VII $207
Professional VI $195.50
Professional V $184
Professional IV $171.35
Professional III $159.85
Professional II $148.35
Professional I $135.70
Technician IV $129.95
Technician III $124.20
Technician II $112.70
Technician I $101.20
Project Admin III $148.35
Project Admin II $124.20
Project Admin I $112.70
2026 Environmental Engineering Services Per Hour
Principal V $487.60
Principal IV $408.25
Principal III $348.45
Principal II $299
Principal I $280.60
Professional XI $299
Professional X $274.85
Professional IX $249.55
Professional VIII $232.30
Professional VII $212.75
Professional VI $201.25
Professional V $189.75
Professional IV $175.95
Professional III $164.45
Professional II $152.95
Professional I $140.30
Technician IV $133.40
Technician III $127.65
Technician II $116.15
Technician I $104.65
Project Admin III $152.95
Project Admin II $127.65
Project Admin I $116.15
City of Fort Bragg | Section F | Budget and Schedule of Charges 47 | Page Statement of Qualifications for On-Call Engineering & Surveying Services 1Technical and Professional classifications include biologists, regulatory permitting specialists, archaeologists, architectural historians, paleontologists, air quality/greenhouse gas specialists, noise specialists, planners, CEQA/NEPA specialists, UAS pilots, and other technical professionals.
Expense Reimbursement/Other:
1. Computers, facsimile, and telephone are included in the billing rates, and there is no additional charge.
2. Reproduction, equipment and other direct expenses are reimbursed at cost plus a 14% administrative handling charge (excluding mileage).
3. The hourly rates for Subconsultants will be billed at the hourly rate indicated, plus a 12% administrative handling charge.
4. Mileage will be billed at the current IRS rate, adjusted annually.
5. Per Diem, depending upon location, may be charged where overnight stays are required.
6. Expert Witness Testimony, including Depositions, is billed at time and a half.
7. Non-standard invoicing will be billed at the hourly rates for support personnel.
Lumos & Associates, Inc. 16
EXHIBIT B
CERTIFICATES OF INSURANCE AND ENDORSEMENTS