1 PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made this ______day of ____________, 2025, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., herein after referred to as “CONSULTANT”.
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove Council authorized date December 9, 2025.
2. CITY desires to utilize the services of CONSULTANT to Provide On-Call Civil Engineering Plan Checking and Construction Inspection Services.
3. CONSULTANT is qualified by virtue of experience, training, education and expertise to accomplish services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term and Termination This Agreement shall cover services rendered for a period of one (1) year commencing upon the date of full execution of the Agreement with an option to extend said agreement for an additional four (4) option years, for a total of five (5) years. Option years shall increase the total compensation by an additional $350,000 (Three Hundred Fifty Thousand Dollarts) per option year and shall be exercised one (1) year at a time, at the sole discretion of the CITY.
2. Services to be Provided. The services to be performed by CONSULTANT shall consist of the services as further specified in CONSULTANT’S proposal attached hereto as Exhibit “A” and incorporated herein by reference.
CONSULTANT agrees that its provision of Services under this agreement shall be within accepted accordance with customary and usual practices in CONSULTANT’S profession. By executing this Agreement, CONSULTANT warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this agreement.
3. Compensation. CONSULTANT shall be compensated as follows:
2 3.1 Amount. CONSULTANT shall be compensated in accordance with the rate schedule set forth in Exhibit “B”.
3.2 Not to Ex ceed. The Parties agree that CONSULTANT shall bill for the Services provided by CONSULTANT to City on an hourly basis, except where otherwise set forth herein, provided compensation under this Proposal shall not exceed $ 350,000 (Three Hundred Fifty Thousa nd Dollars). CONSULTANT warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. The Proposal and this Agreement do not guarantee any specific amount of work.
3.3 Payment. For work under this Agreement, payment shall be made per monthly invoice. For extra work not a part of this Agreement, a written authorization by CITY will be required and payment shall be based on hourly rates as provided in Exhibit “B”.
3.4 Records of Expenses. CONSULTANT shall keep complete and accurate records of payroll costs, travel and incidental expenses. These records will be made available at reasonable times to CITY.
3.5 Termination. CITY and CO NSULTANT shall each have the right to terminate this Agreement, without cause, by giving thirty -(30) days written notice of termination to the other party. If CITY terminates the project, then the provisions of paragraph 3 shall apply to that portion of the work completed.
4. Insurance requirements.
4.1 COMMENCEMENT OF WORK. CONSULTANT shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance and provide a Waiver of Subrogation in favor of the City.
4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONSULTANT and all sub CONSULTANTs shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.
3 4.3 INSURANCE AMOUNTS. CONSULTANT shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in an amount of
$2,000,000.00 per occurrence ( claims made and
modified occurrence policies are not acceptable);
Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A -, Class VII or better, as
approved by the CITY.
(b) Automobile liability in an amount of $1 ,000,000.00 combined single limit (claims made and modified
occurrence policies are not acceptable); Insurance
companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.
An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it’s officers, officials, employees, agen ts, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONSULTANT . CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONSULTANT. CONSULTANT shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
For any claims related to this Agreement, CONSULTANT’s insurance coverage shall be primary insurance as respe cts CITY, it’s officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the CITY, it’s officers, officials, employees, agents, and volunteers shall be excess of the CONSULTANT’s insurance and shall not contribute with it.
If CONSULTANT maintains higher insurance limits than the minimums shown above, CONSULTANT shall provide coverage for the higher insurance limits otherwise maintained by the CONSULTANT.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONSULTANT in the event of 4 any default or breach by CITY, or for any amount which may become due to CONSULTANT.
6. Non-Discrimination. CONSULTANT covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent CONSULTANT. It is agreed to that CONSULTANT shall act and be an independent CONSULTANT and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.
8. Compliance with Law. CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
CONSULTANT shall comply with, and shall be responsible for causing all CONSULTANTs and subCONSULTANTs performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.
9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.
These addresses shall be used for delivery of service of process.
a. Engineering Resources of Southern California, Inc.
Attention: John M. Brudin
1861 W. Redlands Boulevard
Redlands, CA 92373
b. City of Garden Grove (with a copy to):
Attention: Kamyar Dibaj Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840
10. CONSULTANT'S PROPOSAL. This Agreement shall include CONSULTANT 'S proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.
5 11. Licenses, Permits, and Fees. At its sole expense, CONSULTANT shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.
12. Familiarity with Work . By executing this Agreement, CONSULTANT warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONSULTANT'S risk, until written instructions are received from CITY.
13. Time of Essence . Time is of the essence in the performance of this Agreement.
14. Limitations Upon Subcontracting and Assignment . The experience, knowledge, capability, and reputation of CONSULTANT, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONSULTANT shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONSULTANT is permitted to subcontract any part of this Agreement, CONSULTANT shall be responsible to CITY for the acts and omissions of its sub CONSULTANT as it is for persons directly employed.
Nothing contained in this Agreement shall create any contractual relationship between any subCONSULTANT and CITY. All persons engaged in the work will be considered employees of CONSULTANT. CITY will deal directly with and will make all payments to CONSULTANT.
15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.
16. Indemnification. To the fullest extent permitted by law, CONSULTANT shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONSULTANT, CONSULTANT'S agents, officers, employees, sub CONSULTANTs, or independent CONSULTANTs hired by CONSULTANT in the performance of the Agreement. The only exception to CONSULTANT'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.
6 This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.
17. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
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(Agreement Signature Block on Next Page)
7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date: _____________ "CITY"
CITY OF GARDEN GROVE
By:___________________________
Lisa Kim, City Manager
ATTESTED:
____________________________
Lizabeth Vasquez, City Clerk
Date: _______________________
"CONSULTANT"
ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA, INC.
By: ___________________________
Name:__________________________
Title:___________________________
Date: __________________________
Tax ID No. ______________________
Expiration Date:_________________
If CONSULTANT is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.
APPROVED AS TO FORM:
____________________________
Garden Grove City Attorney
________________________
Date
FEE PROPOSAL
On-Call Civil Engineering Plan
Checking & On-Call Construction
Inspection Services
Submitted: October 7, 2025
EXHIBIT "A"
Local Office:
1861 W. Redlands Blvd.
Redlands, CA 92373
(909) 890-1255, [email protected]
Evaluation Period Contact:
Bob Righetti
Project Manager
(909) 890-1255
[email protected]
1861 W . Redlands Blvd. | Redlands, CA 92373
(909) 890-1255 | [email protected] | www.erscinc.com
October 7, 2025
City of Garden Grove
11222 Acacia Parkway
Garden Grove, CA 92842
Attn: Kamyar Dibaj, Project Engineer
RE: FEE PROPOSAL - On-Call Civil Engineering Plan Checking & On-Call Construction Inspection Services Dear Mr. Dibaj,
Engineering Resources of Southern California, Inc. (ERSC) is pleased to have the opportunity to submit our fee proposal to provide On- Call Civil Engineering Plan Checking & On-Call Construction Inspection Services for your consideration.
We propose to execute the subject scope of services on a time-and-materials basis, per the attached rate schedule. These rates will adjust annually based on the California Consumer Price Index - All Urban Customers.
We look forward to working with the City of Garden Grove and thank you for the opportunity to submit a fee proposal. If you have any questions or require additional information, please contact me at (909) 890-1255 x103 or [email protected].
Respectfully submitted,
John M. Brudin, PE Bob Righetti
President Project Manager
<Section Title>###
<Section Title>Engineering Resources of Southern California, Inc. | Schedule of Rates Professional Staff
President ........................................................................... $320.00 Vice President ....................................................................$275.00 Sr. Principal Engineer ......................................................... $270.00 Principal Engineer ..............................................................$240.00 Robert Righetti .................................................................. $180.00 Assistant Principal Engineer .............................................. $225.00 Engineer V .........................................................................$205.00 Engineer IV ........................................................................$185.00 Engineer III ........................................................................ $170.00 Engineer II ......................................................................... $155.00 Engineer I .......................................................................... $135.00 Engineering Staff
Principal Engineering Associate .........................................$220.00 Senior Engineering Associate ............................................$200.00 Engineering Associate V .................................................... $175.00 Engineering Associate IV ................................................... $150.00 Engineering Associate III.................................................... $140.00 Engineering Associate II..................................................... $125.00 Engineering Associate I...................................................... $120.00 Engineering Aide II .............................................................. $70.00 Engineering Aide I ............................................................... $65.00 Survey Staff and Services
Principal Surveyor.............................................................. $225.00 Senior Surveyor .................................................................$185.00 Surveyor III ........................................................................ $150.00 Surveyor II ......................................................................... $130.00 Surveyor I .......................................................................... $110.00 2-Man Survey Crew (Std Equipment/Truck) ......................$320.00 1-Man Survey Crew (Std Equipment/Truck) ......................$250.00 3rd Man on Survey Crew ...................................................$140.00 Construction Support Staff
Construction Manager .......................................................$225.00 Chief Construction Inspector .............................................$175.00 Sr. Construction Inspector .................................................$165.00 Construction Inspector ......................................................$150.00 Inspector Overtime (Hours 8-12/Saturdays) ..................... $200.00 Inspector Overtime (Hours 12+/Sundays) .........................$235.00 Administrative Staff
Operations Manager ......................................................... $125.00 Operations Specialist .........................................................$105.00 Administrative Assistant II ...................................................$95.00 Administrative Assistant I ....................................................$85.00 Other Direct Expenses
Vehicle Mileage ................................................ $0.70/Mile Subconsultant ...................................................Cost + 20% Reimbursable Expenses/Charges ..................... Cost + 15% Forensic Analysis ................................. Standard Rate X 2 Expert Witness .................................... Standard Rate X 3 NOTE: Effective July 1 of each year commencing July 1, 2027, the hourly rates shall be increased in an amount equal to the percentage change in the Consumer Price Index for the Los Angeles-Long Beach-Anaheim Metropolitan area, urban wage earners and clerical workers (CPI-W), for the period of June 1-May 30 of the prior year, with an annual cap of 4%. Each hourly labor rate shall be rounded to the nearest one-dollar increment.
City of Garden Grove - January 1, 2025