QK Job No.
Please execute and return all documents to QK. 03/2022
AGREEMENT FOR PROFESSIONAL SERVICES
ENGINEERING LAND SURVEYING PLANNING ENVIRONMENTAL LANDSCAPE ARCHITECTURE CONSTRUCTION MANAGEMENT
901 East Main Street
Visalia, California 93292
(559) 733-0440
601 Pollasky Avenue, Suite 301
Clovis, California 93612
(559) 449-2400
5080 California Avenue, Suite 220
Bakersfield, California 93309
(661) 616-2600
2816 Park Avenue
Merced, California 95348
(209) 723-2066
150 West Morton Avenue
Porterville, California 93257
(559) 781-2700
609 North Irwin Street
Hanford, California 93230
(559) 582-1056
This Agreement, entered into by and between City of Lindsay hereinafter called the "Client", and QK is as follows:
A. QK agrees to perform professional services described below:
Attachment A, setting forth the scope of service to be performed by QK; or Other: Provide professional services for the Lindsay Transit Center project located at 240 N. Mt. Vernon Avenue in Lindsay, California as described in Attachment A. Attachment A has been amended per the Client to remove Task 5.0 - Construction Staking and Task 6.0 - Construction Management. By removing Task 6.0, QK and the Client will need to revisit support for Construction Administration services prior to contruction. Project Manager: Neyba Amezcua Project Surveyor: Antonio Westerlund, PLS #9399
B. Client agrees to pay QK, as compensation, for the above-described services, as follows:
1. Total fees to be based upon:
Standard hourly rates and expenses, as indicated on the standard rate schedule attached hereto; or Other: Services described in the Attachment B will be provided for a fixed fee of $790,690.00. Exclusions and Assumptions apply.
2. Payment will be made:
Monthly based upon work completed to date; or
Other:
C. The standard provisions set forth upon the reverse side as Nos. 1 through 30 are incorporated herein and made a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions stated above and on the reverse side hereof, on the day and year written below.
QUAD KNOPF, INC., DBA QK CLIENT: CITY OF LINDSAY
Signature: Signature:
Name: Ronald J. Wathen, PE 58690 Name/Title:
Title: President/CEO Address: 150 N. Mirage Avenue
Lindsay, CA 93247
Telephone: (559) 562-7102
Date: Date:
05232025:P240250/cl
STANDARD PROVISIONS OF Agreement Page 2 of 3
03/2022
The Client and QK agree that the following provisions shall be a part of this Agreement:
1. The Client binds himself, his partners, successors, executors, administrators, and assigns to QK, to this Agreement in respect to all of the terms and conditions of this Agreement. This Agreement may be terminated by the Client or QK should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay QK for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.
2. Neither the Client nor QK shall assign his interest in this Agreement without the written consent of the other.
3. This Agreement may be amended from time to time by the mutual written consent of the parties hereto. "Mutual written consent" shall mean a written description of any revision(s) to the scope of services to be provided by QK, of any compensation to be paid by the Client to QK, of any modification in time of performance of the services being provided under this Agreement, and/or of any other changes in the terms and conditions set forth herein. There shall not be considered to be any amendment to this Agreement whatsoever, except for adjustment to QK's hourly fee schedule as provided for by Provision No. 24 unless such amendment, in writing, has been duly and fully executed by authorized representatives of both the Client and QK.
4. This agreement shall be governed by and construed in accordance with the laws of the State of California.
5. Client agrees that in the event Client institutes litigation to enforce or interpret the provisions of this agreement, such litigation is to be brought and adjudicated in the appropriate court in the county in which QK’s principal place of business is located, and Client waives the right to bring, try or remove such litigation to any other county or judicial district.
6. QK shall only act as an advisor in all governmental relations.
7. QK makes no warranty, either expressed or implied, as to his findings, recommendations, plans specifications, or professional advice except that the services or work product were performed pursuant to generally accepted standards of practice in effect at the time of performance.
8. All tracings, survey notes, and other original documents as instruments of service are and shall remain the property of QK, except where by law or precedent these documents become public property.
9. QK is not responsible, and liability is waived by Client as against QK, for use by Client or any other person of any plans or drawings not signed by an authorized agent or employee of QK.
10.QK shall not be responsible for delays caused by factors beyond QK's control, including but not limited to, strikes, lockouts, accidents, acts of God, weather, ground conditions, or by reason of action, inaction, or changes in rules, regulations or policies of any governmental agency, district, utility company, or Client, its agents or any other person.
11.It is understood by Client that any quantity, time, and/or fee estimates which shall be prepared by QK are estimates only, are prepared only as a guide and do not constitute a lump sum or fixed fee.
12.QK makes no representation concerning the estimated quantities and probable costs made in connection with maps, plans, specifications, reports or drawings other than that all such costs are estimates only and actual costs will vary. It is the responsibility of the Client to verify costs.
13.Retainers, if any, shall be credited against the final invoice(s) submitted to the Client by QK for services provided hereinunder.
14.Client hereby agrees that the balance as stated on the billing from QK to Client is correct, conclusive and binding on the Client, unless Client, within ten (10) days from the date of the receiving of the billing, notifies QK in writing of the particular item that is alleged to be incorrect.
15.If any invoice is not paid within 30 days, QK may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service provided for by this Agreement.
16.A late payment LATE CHARGE will be computed at the periodic rate of 1.5% per month, which is an ANNUAL PERCENTAGE RATE of 18%, and shall be applied to the unpaid balance commencing 30 days after the date of the original invoice.
17.In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorneys' fees.
18.In the event all or any portion of the work prepared or partially prepared by QK be suspended, abandoned, or terminated, the Client shall pay QK for the work performed to the point of such suspension.
19.In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and QK agree that all disputes between them arising out of or relating to this Agreement may be submitted to non-binding mediation if the parties mutually agree.
Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement, then all litigation and collection expenses, witness fees and court costs, and attorneys' fees shall be paid to the prevailing party.
20.In the event that Client institutes a suit against QK because of any failure or alleged failure to perform, error, omission or negligence, and if such suit is not successfully prosecuted, or if it is dismissed, or if verdict is rendered for QK, Client agrees to pay QK any and all costs of defense, including attorneys' fees, expert witnesses' fees, and court costs, and any and all other expenses of defense which may be needful, immediately following dismissal of the case or immediately upon verdict being rendered in behalf of QK.
21. QK agrees, to the fullest extent permitted by law, to indemnify and hold the Client harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by QK's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of QK's subconsultants or anyone for whom QK is legally liable.
The Client agrees, to the fullest extent permitted by law, to indemnify and hold QK harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the Client's negligent acts, errors and omissions and those of his or her contractors, subcontractors or consultants or anyone for whom the Client is legally liable, and arising from the project that is the subject of this agreement. QK is not obligated to indemnify the Client in any manner whatsoever for the Client's own negligence.
Client agrees to limit the liability of QK, its principals and employees, to Client and to all contractors and subcontractors on the project, for any claim or action arising in tort or contract, to the STANDARD PROVISIONS OF Agreement Page 3 of 3
03/2022
sum of $50,000 or QK’s fee, whichever is greater. However, if QK’s fee exceeds $250,000, liability to Client and to all contractors and subcontractors shall not exceed $250,000.
22. Upon request, Client shall execute and deliver, or cause to be executed and delivered such additional instruments, documents, governmental fees and charges which are necessary to perform the terms of this agreement.
Client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees, aerial topography fees, and all other fees, permits, bond premiums, title company charges, blueprints and reproductions, and all other charges not specifically covered by the terms of this agreement.
23. Unless specifically stated elsewhere in this contract, the following items are not included in any fee estimate, are considered Extra Work, and shall be billed separately at QK's standard hourly rates:
Client requested services not specified pursuant to the scope of services described within this Agreement.
Additional work resulting from changes in governmental requirements or revisions requested by Client.
Special improvement designs - lift stations, off-tract improvements, landscaping, lakes and recreational facilities, irrigation canals and piping.
Assistance to Client in obtaining necessary owner and/or trustee signatures to documents and notarial certificates. Legal documents (easements, CC&R's, homeowners reports). Utility, right-of-way, and easement acquisitions.
Construction contract administration.
Restaking or staking for Extra Work.
Other:
24. In the event QK’s fee schedule changes due to any increase of costs such as the granting of wage increases and/or other employee benefits to field or office employees due to the terms of any labor agreement, or rise in the cost of living, during the lifetime of this agreement, a percentage increase shall be applied to all remaining compensation.
25. The existence, location, type and size of any underground utilities, improvements and/or obstacles will be determined by QK only to the extent reasonably possible from visible surface observation or from utility company or governmental records made available to QK. QK makes no promise or warranty, express or implied, as to the existence, location, type or size of any underground utility, improvement or obstacle. Client agrees to include, as a condition of any construction contract relating to the project, the requirements that the Contractor verify the existence, location, type and size of any underground utilities improvements or obstacles, whether shown on any construction plan or not, and if such requirement is not included in such construction contract, or if the contractor fails to verify the existence, location, type and size of any underground utilities, improvements or obstacles, QK shall not be liable for any delays, expenses or liability suffered by Client or to any other person by reason of the existence of any underground utility, improvement or obstacle.
26. In the event any deviations from or changes to the plans and specifications are made by Client or by any person other than QK, Client assumes any and all risk and liability arising out of or resulting from such deviations or changes, and Client agrees to indemnify QK against all loss, damage, liability and costs, including attorneys' fees, as a result of such deviations or changes.
27. Except for the interpretation of QK's plans and specifications, Client agrees that QK will not perform on-site construction review or construction observation with respect to this project unless specifically provided for in the Agreement. Unless otherwise specifically provided by this Agreement, such construction observation will be performed by others, and Client agrees to indemnify QK against any and all liability arising from or relating to the performance of construction observation by such other persons.
28. It is understood and agreed that any on-site review during construction or construction observation provided by QK pursuant to express written Agreement shall be for the purpose of determining general compliance with the technical provisions of the project plans and specifications, and shall not constitute any form of guarantee with respect to the performance of work by a contractor or subcontractor. QK shall not assume responsibility for methods or equipment used by a contractor, for safety of construction work, or for compliance by contractors with laws and regulations.
29. QK makes no representations concerning soil conditions unless specifically included in writing in this Agreement, and is not responsible for any liability that may arise out of the making or failure to make soil surveys, or sub-surface soil tests, or general soil testing.
30. The work shown on any plans or specifications prepared under this agreement may be subject to changing regulations, standards or conditions and as a result may become outdated. In order to protect the Client and other parties, this notice is to advise that any such plans and documents may not be suitable for use in construction with the passage of time beyond the date of approval of those plans and documents. If the work covered by these plans and documents is not subject to start of construction, or a bid process if there is one, within twelve (12) months of the approval date shown on the plans and specifications, these plans and specifications are not authorized for use. In such cases, additional reviews and, or modification of designs and documents may be required.
STAFF REPORT
TO: Lindsay City Council
MEETING DATE: May 27, 2025
DEPARTMENT: City Services
FROM: Neyba Amezcua, Principal Project Manager-QK, Inc.
Agenda Title: Resolution No. 25-17 Ordering the preparation of an Engineers Report for Landscape and Lighting Maintenance District for Fiscal Year 2025-2026
ACTION & RECOMMENDATION
Consider the Approval of Resolution No. 25-17 Ordering the preparation of an Engineers Report for Landscape and Lighting Maintenance District for Fiscal Year 2025-2026 BACKGROUND | ANALYSIS
Annually, a process of evaluating the maintenance needs and establishing an assessment for each of the Landscape and Lighting Assessment Districts (LLAD’s) must be followed. This process is a Four Step process and this agenda item covers the “First Step” ONLY, which will be authorized Staff to begin the assessment of each district.
First Step: The Engineer of Work (State Approved Title) is ordered to prepare the report for each of the Landscape and Lighting Assessment Districts (LLAD’s) for the upcoming Fiscal Year in accordance with Article 4, Division 15, of the Streets and Highways Code, “Landscaping and Lighting Act of 1972” of the State of California.
Second Step: Staff will present the Preliminary Engineer’s report which will outline the budgeted expenses for the present fiscal year, the actual expenses through May, and the projected expenses for the upcoming fiscal year. Each year there are adjustments made due to increases and/or actual expenses. Attached with this item is a sample of the Engineer’s Report.
Third Step: Upon approval of Preliminary Engineer’s report, Council will declare its intention to levy and collect assessments by setting a public hearing date and all property owners within each district will be notified of such.
Four Step: Council will hold a public hearing to take comments or receive protests on the proposed assessments and Adopt a Resolution ordering the continued maintenance of Landscape and Lighting Maintenance Districts and confirming the Engineer’s Report and Assessment for the 2025-2026 Fiscal Year.
The City of Lindsay has a total of 8 Landscape and Light Districts:
1. Sierra View Estates Assessment District 92-01
2. Heritage Park Assessment District 96-01
3. Parkside Estates Assessment District 01-01
4. Sweet Brier Plaza (Samoa) Assessment District 02-01
5. Sweet Brier Plaza (Hermosa) Assessment District 02-02
6. Sierra Vista Assessment District 07-01
7. Maple Valley Assessment District 07-02
8. Pelous Ranch Assessment District 09-01
See attached Location Map for each district.
Item #: 10.4
Action Items
The assessments, once approved by the City Council, are placed upon the tax bill of property owners as a special assessment and collected by the County of Tulare.
FISCAL IMPACT
Fund No. Description Budget
883 Sierra View Estates Assessment District 92-01 TBD
884 Heritage Park Assessment District 96-01 TBD
888 Parkside Estates Assessment District 01-01 TBD
886 Sweet Brier Plaza (Samoa) Assessment District 02-01 TBD 887 Sweet Brier Plaza (Hermosa) Assessment District 02-02 TBD 889 Sierra Vista Assessment District 07-01 TBD
890 Maple Valley Assessment District 07-02 TBD
891 Pelous Ranch Assessment District 09-01 TBD
ENVIRONMENTAL REVIEW
Not applicable.
FISCAL IMPACT
Fiscal Impact to be presented at the next council meeting.
ATTACHMENTS
1. Attachment A: Engineer’s Report SAMPLE
2. Attachment B: LLAD’s Location Map
3. Resolution No. 25-17
Reviewed/Approved: ______
ENGINEER'S REPORT FOR ASSESSMENT DISTRICT 92-01
Maintenance cost breakdown based on 92 lots with an estimated maint. Area of 46,096 square feet.
Spent 2022-2023
COUNTY FEES
Assessment Fee 92 $ 1.00 $ 92.00 $ 92.00 92 $ 1.00 $ 92.00 Roll Corrections 0 $ 25.00 $ - 0 $ 25.00 $ -
Reporting Fee 1 $ 200.00 $ 200.00 $ 200.00 1 $ 200.00 $ 200.00 TOTAL $ 292.00 $ 292.00 $ 292.00
Engineering $ per hr $ per hr
Office Support Staff $ 70.72 3.5 $ 247.52 $ 70.72 7 $ 495.04 City Services Director $ 99.58 4 $ 497.68 $ 99.58 8 $ 796.64 Associate Engineer $ - $ -
Administration
City Manager $ 113.44 1.5 $ 251.31 $ 113.44 3 $ 340.32
City Attorney $ 225.00 1.5 $ 307.50 $ 225.00 2 $ 450.00 Finance Manager $ 97.81 3.5 $ 342.34 $ 97.81 7 $ 684.67 $ 67.78 4.5 $ 305.01 $ 67.78 6 $ 406.68
TOTAL $ 1,951.36 $ 3,000.00 $ 3,173.35
WALL MAINTENANCE
Graffiti Incidents
TOTAL $ - $ -
UTILITIES $ per month # months $ per month # months
Water used for irrigation # Street Lights $ 122.00 12 $ 1,464.00 $ 832.46 $ 69.37 12 $ 832.46 SCE (Irrigation + Lighting) 19 $ 7.50 12 $ 1,710.00 $ 1,770.85 $ 7.77 12 $ 1,770.85 TOTAL $ 3,174.00 $ 2,603.31 $ 2,603.31
CITY MAINTENANCE (Landscaping & Irrigation Maintenance/plants) $/hr hrs $/hr hrs Senior Employee $ - $ -
Regular Employee $ - $ -
Regular Employee $ - $ -
Specialty Contract Maintenance $ 1,129.00 12 $ 13,548.00 $ 14,393.00 $ 1,298.00 12 $ 15,576.00 Operational Supplies (Landscaping Equipment, Fuel & Oil, Seeding, Fertilizer, Plants, Trees, etc) $ 300.00 10 $ 3,000.00 $ 327.02 $ 500.00 1 $ 500.00 TOTAL $ 16,548.00 $ 14,720.02 $ 16,076.00
SUBTOTAL COSTS $ 21,965.36 $ 20,615.33 $ 22,144.66
Total Capital Improvement $ -
Total assets $ 7,311.32 $ 8,661.34
TOTAL COSTS $ 21,965.36 $ 22,144.66
Costs per square foot of area 46096 $ 0.48 $ 0.48
$ 238.75 $ 240.70
Assessment per Lot; 92 $ 238.75 $ 224.50 $ 20,654.00
$ (14.25) Proposed decrease/increase per lot/year
$ (1.19) Proposed decrease/increase per lot/month
$ 21,965.00
$ 21,486.60
$ 478.40
Per County Report as of April 30, 2023, Unpaid Balance from previous years $ 212.98 Total Owed to the City $ 691.38
Budgeted 22-23
Received as of April 30, 2023
Balance deducting the County Fees
Sierra View Estates Financial Status Report
Budgeted 2022-2023 Projected 2023-2024
CITY COSTS*
City Clerk
SAMPLE
Attachment B
RESOLUTION OF THE CITY OF LINDSAY
RESOLUTION NO. 25-17
NUMBER 25-17
TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LINDSAY ORDERING THE PREPARATION OF AN ENGINEER’S REPORT FOR
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS FOR FISCAL YEAR 2025-2026
At a regular meeting of the City Council of the City of Lindsay held on the 27th day of May 2025 at 6:00 p.m. of said day, in the Council Chambers at City Hall, 251 East Honolulu, Lindsay, California the following resolution was adopted:
WHEREAS, the City Council of the City of Lindsay has determined that the public interest, convenience and necessity required the maintenance of lighting systems, landscape planting materials, irrigation systems and appurtenances in designated areas of the City; and
WHEREAS, the City has established assessment districts to recover the cost of maintenance work; and WHEREAS, Section 22622 of the California Streets and Highways Code requires that an Engineer’s Report be prepared and filed annually, outlining the assessments to be levied against the properties within the assessment district.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LINDSAY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Neyba Amezcua is appointed “Engineer of Work” for preparation of the Engineer’s Report.
SECTION 2. The Engineer of Work is ordered to prepare the report for Fiscal Year 2025-2026 in accordance with Article 4, Division 15, of the Streets and Highways Code, “Landscaping and Lighting Act of 1972” of the State of California.
RESOLUTION OF THE CITY OF LINDSAY
RESOLUTION NO. 25-17
PASSED AND ADOPTED by the City Council of the City of Lindsay as follows:
MEETING
DATE
May 27th, 2025
MOTION
2nd MOTION
AYES
ABSENT
ABSTAIN
NAYS
CERTIFICATION OF THE FOREGOING RESOLUTION AS FULL, TRUE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF LINDSAY AS DETAILED.
Carmen Wilson
Deputy City Clerk
Misty Villarreal
Mayor