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NON-EXCLUSIVE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES
AND MNS ENGINEERS FOR PROGRAM AND CONSTRUCTION MANAGEMENT SERVICES
FOR WASTEWATER SYSTEM PROJECTS
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and MNS Engineers ("Consultant") (together sometimes referred to as the "Parties") as of March 18, 2024 (the "Effective Date").
Section 1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 30, 2027, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. All work performed under this Agreement shall be authorized in advance and in writing by a specific Task Order prior to the commencement of services. Each Task Order shall describe the nature of the specific task or service to be performed by the Consultant, the estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Consultant shall perform, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. Consultant shall not perform any task or service unless authorized by a fully executed Task Order. Consultant shall advise city staff in writing of any anticipated change in any task or service, fee or time schedule, and shall obtain city staff’s written consent to the change prior to making any changes.
1.5 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
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Section 2. COMPENSATION. The City will pay Consultant’s invoices under each authorized Task Order on an hourly not-to-exceed basis. The hourly rates in Exhibit B apply to all Task Orders. City shall pay Consultant for services rendered pursuant to this Agreement from deposits made by development applicants at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of invoices; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
For each work item under each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. Notwithstanding, Consultant and City acknowledge that payment for Consultant’s services are fully dependent on development applicants’ deposits and that the Consulting Services Agreement between March 18, 2024
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timing of City’s invoice payment may be adversely impacted by inadequate applicant funds. City shall make a good -faith effort to ensure that all development applicant accounts are maintained at a level to cover Consultant’s anticipated costs.
2.3 <<Not Used>>
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Any reimbursable expenses are included in the authorized contract amount and shall be approved by city staff in advance.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to Consulting Services Agreement between March 18, 2024
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the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering General Liability on an "occurrence" basis.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto).
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
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a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City, except for cancellation for non-payment of premium, a 10-day notice shall apply.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
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d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
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Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. 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.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
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Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; Consulting Services Agreement between March 18, 2024
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8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
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Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation Consulting Services Agreement between March 18, 2024
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for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City’s Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Greg Chelini, Principal-in-Charge
MNS Engineers
201 North Calle Cesar Chavez, Suite #300
Santa Barbara, CA 93103
.
Any written notice to City shall be sent to:
Mary Villegas, Administrative Specialist/Deputy City Clerk City of Gonzales
P.O. Box 647
Gonzales, CA 93926
10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
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Exhibit A Scope of Services
Exhibit B Rate Schedule
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.
The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES MNS Engineers, Inc.
Carmen Gil, City Manager Greg Chelini, Principal-in-Charge Attest:
Mary Villegas, City Clerk
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EXHIBIT A
TASK ORDER #01
SCOPE OF SERVICES
Consultant shall provide Program Management Services to issue the IW Pipeline and IW Treatment Facility construction contracts for public bid:
1. Biddability/Constructability reviews of bid documents
2. Easement acquisition support
3. Provide and manage a web-based document management system
4. Run progress coordination meetings (PM/CM staff, design consultant, and city staff)
5. Track detailed action items (item status, ball-in-court, due date, etc)
6. Utility provider coordination
7. Monitor final revisions to the design documents
8. Work with city staff to finalize Front End for bidding purposes
9. Support the city’s Community Engagement efforts:
10. Make periodic presentations at City Council meetings
11. Monitor and update detailed project schedules
12. Grant consulting including grant application to SWRCB for rehabilitation of MWWTP
13. Monitor expenditures and funding sources. Includes managing cash flow.
14. Ensure compliance with SWRCB SFR loan agreement requirements
15. Include status reports and time sheets with monthly invoices
16. Bid Phase Support
17. Bidder outreach
18. Review submitted bids and make a recommendation of award of contract Consulting Services Agreement between March 18, 2024
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EXHIBIT B
RATE SCHEDULES
2 0 2 4 S T A N D A R D S C H E D U L E O F F E E S
PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge ............................... $340 Senior Project/Program Manager ...... 325
Project/Program Manager .................... 275
Assistant Project/Program Manager 255
Senior Project Coordinator ................... 195
Project Coordinator ................................. 165
ENGINEERING
Principal Engineer .................................. $305 Lead Engineer ............................................ 270 Supervising Engineer .............................. 255 Senior Project Engineer ......................... 235
Project Engineer........................................ 210 Associate Engineer .................................. 190 Assistant Engineer.................................... 175
SURVEYING
Principal Surveyor .................................. $280 Lead Surveyor ............................................ 270 Supervising Surveyor .............................. 230 Senior Project Surveyor ......................... 210
Project Surveyor........................................ 185 Associate Project Surveyor ................... 175
Assistant Project Surveyor .................... 160
Party Chief (PW) ........................................ 190 Chainperson (PW) .................................... 160 One-Person Survey Crew (PW) ........... 225
TECHNICAL SUPPORT
CADD Manager ....................................... $210 Supervising Technician .......................... 180
Senior Technician ..................................... 170 Engineering Technician ......................... 130
CONSTRUCTION MANAGEMENT
Principal Construction Manager ...... $335
Senior Construction Manager ............. 290
Senior Resident Engineer ...................... 280
Resident Engineer .................................... 270 Structure Representative ....................... 260
Construction Manager ........................... 230
Assistant Resident Engineer................. 215
Sr. Construction Inspector (PW) ........ 198
Construction Inspector (PW) .............. 188
Office Administrator ................................ 135
PLANNING
Planning Director ................................... $235 City Planner/Planning Manager ......... 220
Principal Planner ....................................... 205 Senior Planner ........................................... 190 Associate Planner ..................................... 160 Assistant Planner ...................................... 135 Planning Technician ................................ 115
ADMINISTRATIVE SUPPORT
Senior Management Analyst ............. $195
Management Analyst.............................. 165
IT Technician ............................................... 150 Graphics/Visualization Specialist ....... 160
Administrative Assistant ........................ 105
GOVERNMENT SERVICES
City Engineer ........................................... $265 Deputy City Engineer .............................. 235 Assistant City Engineer ........................... 225 Plan Check Engineer................................ 185 Permit Engineer ......................................... 175 City Inspector ............................................. 175 Senior City Inspector (PW) .................. 198
City Inspector (PW) .................................. 188 Principal Stormwater Specialist .......... 190
Senior Stormwater Specialist ............... 180
Stormwater Specialist ............................. 170 Stormwater Technician .......................... 150
Building Official ......................................... 250 Senior Building Inspector ...................... 200
Building Inspector .................................... 175 Senior Grant Writer .................................. 190 Grant Writer ................................................ 180 Associate Grant Writer ........................... 160
Assistant Grant Writer ............................ 145
DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate.
PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.
ANNUAL ESCALATION
Standard fee rates provided for each classification are subject to 5% annual escalation or the most recent US Bureau of Labor Statistics Consumer Price Index, whichever is higher.
OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classifications will be charged at 1 x hourly rate.
Rev. 1/9/2024
FEE SCHEDULE
Attached is the cost schedule for the As Needed Electrical Engineering and On-Site Observation.
This cost schedule is valid and binding for ninety (90) days following the proposal due date and Beacon West understands it will become part of the contract negotiated with the City for the term of the contract.
Position Hrly Rate OT Rate DT Rate
Project Manager / Registered Electrical Engineer $210.00 Senior Designer / Construction Monitor $149.00 $223.50 $260.75 I&E Field Specialist / Construction Monitor $115.00 $172.50 $201.25 Sr. Automation Specialist $165.00 $247.50 $288.75
Project Coordination $160.00
Electrical Engineer $160.00
I&E Field Specialist $115.00 $172.50 $201.25
Technical Advisor / Registered Electrical Engineer $210.00 CAD / Draftsperson $90.00 $135.00 $157.50
Operations Manager $215.00
Admin/Accounting $67.00 $100.50 $150.75
Notes:
Authorized overtime will be billed at 1.5 times hours worked over 8 hrs/day or 40 hrs/wk & on Saturdays at
1.75 times hrs worked over 12 hrs/day and on Sundays or over 8 hs on the seventh day.
Rates are valid through December 31, 2024 and will be automatically adjusted 3% annually on January 1 of each subsequent year.
Travel time charged portal to portal. Mileage to be billed at IRS rate.
Reimbursable expenses will be billed at cost + 10%.
Photo copies (inhouse - $0.20/each).
Full size drawings will be billed at cost plus 10%.
GEOTECHNICAL | ENVIRONMENTAL | CHEMICAL | MATERIAL TESTING | SPECIAL INSPECTIONS 444 AIRPORT BLVD., SUITE 106 | WATSONVILLE, CA 95076 | PHONE 831-722-9446 | WWW.4PACIFIC-CREST.COM PACIFIC CREST ENGINEERING INC.
STANDARD FEE SCHEDULE – GEOTECHNICAL GROUP
January 1, 2024 – December 31, 2024*
*On-Call Contracts subject to annual increase of 4.0% starting January 1, 2025 The following schedule presents our rates for professional and technical services. If desired, services other than construction observation and testing can be contracted on a negotiated fixed fee basis. Services during construction, such as testing and observation of grading, require both professional and technical services.
Depending on the scope and duration of the construction project, an opinion of probable cost can be made.
Professional, technical, mileage and laboratory fees and rates are subject to change without notice.
PROFESSIONAL SERVICES Billing Rate
Principal Engineer\Geologist $220.00 per hour
Associate Engineer\Geologist $210.00 per hour
Senior Engineer\Geologist $195.00 per hour
Staff Engineer\Geologist $170.00 per hour
CAD/Draftsperson $125.00 per hour
Administrative Staff $100.00 per hour
Expert Witness $450.00 per hour
Outside Consultants 1.15X Hourly Rate
TECHNICAL SERVICES
Field Technician Non-Prevailing Wage $125.00 per hour
Field Technician Prevailing Wage $145.00 per hour
Construction Inspector Non-Prevailing Wage $135.00 per hour Construction Inspection Prevailing Wage $155.00 per hour QSP/SWPPP Monitoring Services $155.00 per hour
Lab Technician $110.00 per hour
Asphalt Core Drilling (Equipment + Operator) $200.00 per hour Concrete Core Drilling (Equipment + Operator) $220.00 per hour Excavator Services (Equipment + Operator) $345.00 per hour Certified Payroll Reporting $100.00 per hour
BASIS OF CHARGES
• Hours for all services are charged portal-to-portal from our Watsonville office. • Our normal business hours are between 7:00 AM and 5:00 PM, Monday through Friday. Work performed on Saturday is billed at 1.5 times the rates listed above, Sunday and Holiday work are billed at 2 times the rates listed above, and night shift work is billed at 1.8 times the rates listed above. • Work in excess of 8 hours is billed at 1.5 times the rates listed above and work in excess of 12 hours is billed at 2 times the rates listed above.
• Technical services performed during normal business hours are subject to a 2-hour minimum charge.
Professional and technical services performed outside of normal business hours are subject to a 4-hour minimum charge.
• Site visits canceled upon arrival will be subject to the minimum charges listed above. • Expedited laboratory tests are billed at 1.5 times the rates provided below.
Pacific Crest Engineering Inc. Standard Fee Schedule
www.4pacific-crest.com January 1, 2024*
FIELD TESTS
Plate bearing load tests, pile load tests, vane shear tests, piezometer installations, slope inclinometer installations, and other special tests will be charged at standard engineering and personnel rates, plus cost of special equipment.
INCIDENTAL EXPENSES
Consultant shall be paid the actual cost-plus fifteen percent of all other out-of-pocket expenses, including any costs of air travel, applicable sales, use and city taxes, as well as miscellaneous outside services and facilities, including: Subconsultant or Subcontractor fees; equipment rental, drill rig, underground locator, renderings, overnight delivery, permit, and plan check fees, and similar expenses.
PRINTS AND SPECIFICATIONS
Reproduction charges for prints and specification books for client use in bidding or construction or at client request will be billed at cost plus fifteen percent.
COPIES OF PREVIOUS REPORTS
Orders for copies of previously issued work will be billed on a time and material basis (minimum charge of $25.00).
DRILLING AND SAMPLING Billing Rate
Drill Rig including crew - truck mounted or crawler mounted:
Mobilization Cost + 15%
Straight Time Cost + 15%
Over Time Cost + 15%
Cone Penetrometer Rig (CPT) Cost + 15%
CPT Travel Time & Mobilization Cost + 15%
Drilling is charged at 4 hours minimum.
Time is charged portal-to-portal from the drilling rig yard.
Casing, Shelby tubes and any special sampling or subcontract equipment will be charged at cost plus 15%.
LABORATORY TESTS
Soil/Aggregate Classification and Index Tests:
Atterberg Limits (Liquid Limit/Plastic Limit/ Plasticity Index):
• Method A (Multi Point), ASTM D-4318/AASHTO T89 & T90 $210.00 • Method B (Single Point), ASTM D-4318/AASHTO T89 & T90 $190.00 • California Test Method, CT-204 $210.00
Grain Size Distribution of Soil:
• Sieve Analysis w/ Hydrometer ASTM D-422/AASHTO T88 $235.00 • Sieve Analysis w/o Hydrometer, ASTM D-422/AASHTO T88 $135.00 • Material Finer than #200 Sieve ASTM D-1140 $100.00
• California Test Method, CT-202 $135.00
Grain Size Analysis of Aggregate:
• Sieve Analysis ASTM C-136/AASHTO T27 $170.00
Pacific Crest Engineering Inc. Standard Fee Schedule
www.4pacific-crest.com January 1, 2024*
• Material Finer than #200 Sieve ASTM C-117/AASHTO T11 $120.00 • California Test Method, CT-202 $160.00
Moisture Determination, ASTM D-2216/AASHTO T265/CT-226 $ 30.00 R-Value:
• Native Soil Samples ASTM D-2844/AASHTO T190/CT-301 $400.00 • With Additives, ASTM D-2844/AASHTO T190/CT-301 $475.00 Sand Equivalent, ASTM D-2419/CT-217 $160.00
Specific Gravity of Soil, ASTM D-854/AASHTO T100 $135.00 Specific Gravity of Aggregate $160.00
Expansion Index, ASTM D4829 $210.00
Cleanness Value of Coarse Aggregate, CT 227 $170.00
Durability Index, CT 229 $175.00
California Bearing Ratio with Compaction, ASTM D1883 Per Quote California Bearing Ratio with Compaction by Client, ASTM D1883 Per Quote Permeability, ASTM D2434/ASTM D5084 Per Quote
Corrosivity, Cal-Trans Package $350.00
Abrasion, L.A. Rattler, 100 and 500 Revolutions, ASTM C131 (Small Aggregate) $375.00 Abrasion, L.A. Rattler, 100 and 500 Revolutions, ASTM C535 (Small Aggregate) $690.00 Absorption, Coarse Aggregate, CT 206 $100.00
Absorption, Fine Aggregate, CT 207 $145.00
Clay Lumps and Friable Particles in Aggregate, AASHTO T 112 $145.00 Soundness, CT 214 $400.00
Percent Crushed Particles, CT 205 $145.00
Flat and Elongated Particles, ASTM D4791 $145.00
Fine Aggregate Angularity, AASHTO T304, Method A $285.00 Unit Weight of Aggregate $100.00
Moisture Density Relations/Compaction Curves:
Modified Proctor:
• 4” Mold, ASTM D-1557/AASHTO T180 $275.00
• 6” Mold, ASTM D-1557/AASHTO T180 $325.00
• One Point Verification (Check Point) $130.00
Standard Proctor:
• 4” Mold, ASTM D-698/AASHTO T99 $275.00
• 6” Mold, ASTM D-698/AASHTO T99 $325.00
• One Point Verification (Check Point) $130.00
Cal-Impact Test, CT-216 $315.00
Strength Tests:
Direct Shear:
• CD Peak and Residual, ASTM D-3080 (per point) $250.00 • CU Peak and Residual, ASTM D-3080 Modified (per point) $115.00 • Unconfined Compression, ASTM D-2166/AASHTO T208 $105.00 • Triaxial Compression, Undrained, ASTM D2850, per point Per Quote • Triaxial Compression, Drained, ASTM D7181, per point Per Quote • Triaxial Compression, Undrained with PP, ASTM D4767, per point Per Quote Pacific Crest Engineering Inc. Standard Fee Schedule
www.4pacific-crest.com January 1, 2024*
Consolidation & Expansion Tests:
Consolidation, ASTM D-2435, per point $450.00
Expansion Pressure, ASTM D-3877 $340.00
Concrete Testing:
Compressive Strength of Concrete, ASTM C-39 (per cylinder) $ 70.00 Compressive Strength of Concrete, ASTM C-39, CT-521 (capped, per cylinder) $ 75.00 Compressive Strength of Shotcrete, ASTM C-1140 (per core, sulfur capped) $115.00 Compressive Strength of Mortar, ASTM C-109 (per cube) $ 65.00 Compressive Strength of Grout, ASTM C-1019 (per specimen) $ 70.00 Compressive Strength of Slurry/CLSM, ASTM D-4832 (capped, per cylinder) $ 90.00 Compressive Strength Testing of Cellular Concrete, ASTM C-495 (per cylinder) $115.00 Method of Test For Flexural Strength of Concrete, CT 523 $170.00 Method of Test For Flexural Strength of Rapid Strength Concrete, CT 524 $170.00 Shrinkage, ASTM C-157, Set of 3 $400.00
Length Change of Concrete, CT-537 (set of 3) $400.00
Concrete Storage Processing and Disposal $ 25.00
Shotcrete Specimen Casting Boxes $ 65.00
Hot Mix Asphalt (HMA) Tests:
Bulk Specific Gravity of Compacted Hot Mix Asphalt
• Saturated Surface Dry Method, ASTM D2726/AASHTO T166 $ 80.00 • Coated Specimens, ASTM D-1188/AASHTO T275 $ 85.00
Moisture Content of HMA, AASHTO T329 $ 45.00
Theoretical Maximum Density, ASTM D-2041, CT-309 $175.00 Asphalt Binder Content, AASHTO T308 $285.00
Asphalt Binder Content Correction Value, Per Mix Design, Average of 3 $825.00 Interlayer Shear Strength, AASHTO T329 (per core) $135.00 HMA Storage Processing and Disposal (per set, 1 year storage) $ 40.00 Stabilometer, Hveem S-Value, Set of 3 Per Quote
Miscellaneous:
Sample Preparation, if required (per hour) $110.00
Other specialty testing/inspection services are individually quoted. Per Quote