Agenda packet, regular meeting — Madera City Council, October 19, 2022 (part 2 of 2)

21. Responsibility For Others. Consultant shall be responsible to City for its services and the services of its sub consultants. Consultant shall not be responsible for the acts or omissions of other parties engaged by City nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs.

22. Professional Responsibility. Consultant shall be obligated to comply with applicable standards of professional care in the performance of the Services by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. Consultant recognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained, despite the use of due professional care.

In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, Consultant has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant’s opinions, analyses, projections, or estimates

23. Compliance with All Laws. Consultant shall be familiar with and shall comply with all City, State, and Federal laws and regulations applicable to the work to be performed under this Agreement. In providing the services required under this Agreement, Consultant shall at all times comply with all applicable laws, regulations, and resolutions of the United States, the State of California, and the City of Madera now in force and as they may be enacted, issued, or amended during the term of this Agreement.

23.A. Federal funded Task Orders: Where the Task Order services provided pursuant to the Agreement are funded by a federal program, including but not limited to, Community Block Grant Funds, Consultant certifies and agrees that Consultant will be in:
• Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees.)
• Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and sub grants or construction or repair).
• Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub grantees required by Federal grant program legislation.)
• Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 and in excess of $2500 for other contracts which involve the employment of mechanics or laborers.) • (e) Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to reporting.
• Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. • Compliance with any awarding agency requirements and regulations pertaining to copyrights and rights in data.
• Compliance with access requirements imposed by the grantee, the sub grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
• Compliance with applicable requirements for the retention of all required records for three years after grantees or sub grantees make final payments and all other pending matters are closed.
• Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations $100,000.)
• Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 97-163, 89 Stat. 871.) [53 FR 8068.8067. Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995]]

24. Assignment. Neither this Agreement nor any duties or obligations hereunder shall be assignable by Consultant without the prior written consent of City. In the event of an assignment to which City has consented, the assignee shall agree in writing to personally assume and perform the covenants, obligations, and agreements herein contained. In addition, Consultant shall not assign the payment of any monies due Consultant from City under the terms of this Agreement to any other individual, corporation or entity. City retains the right to pay any and all monies due Consultant directly to Consultant.

25. Form and Service of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: CITY ENGINEER
City of Madera
428 E. Yosemite Avenue
Madera, CA 93638
Email:

To Consultant: Heather Bashian, PE
Provost & Pritchard Engineering Group Inc.
455 W. Fir Avenue
Clovis, CA 93611
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

26. Entire Agreement. This Agreement, including the attachments and exhibits, represents the entire Agreement between City and Consultant, and supersedes all prior negotiations, representations, or agreements, either written or oral with respect to the subject matter herein. This Agreement may be amended only by written instrument signed by both City and Consultant.

27. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

28. Severability. In the event any term or provision of this Agreement is declared to be invalid or illegal for any reason, this Agreement will remain in full force and effect and will be interpreted as though such invalid or illegal provision were not a part of this Agreement. The remaining provisions will be construed to preserve the intent and purpose of this Agreement and the parties will negotiate in good faith to modify any invalidated provisions to preserve each party’s anticipated benefits.

29. Applicable Law and Interpretation and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. The language of all parts of this Agreement shall, in all cases, be construed as a whole, according to its fair meaning, and not strictly for or against either party. Any controversy or claim arising out of, or relating to, this Agreement which cannot be amicably settled without court action shall be litigated either in the appropriate State court for Madera County, California, or as appropriate in the U. S. District Court for the Eastern District of California, located in Fresno County. The rights and obligations of the parties and all interpretations and performance of this Agreement shall be governed in all respects by the laws of the State of California.

30. Attorney’s Fees. If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant, or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorneys’ fees and legal expenses.

31. Amendments and Waiver. This Agreement shall not be modified or amended in any way, and no provision shall be waived, except in writing signed by the parties hereto. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

32. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

33. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

34. Non-Discrimination. Consultant shall not discriminate on the basis of any protected class under federal or State law in the provision of the Services or with respect to any Consultant employees or applicants for employment. Consultant shall ensure that any subcontractors are bound to this provision. A protected class includes, but is not necessarily limited to, race, color, national origin, ancestry, religion, age, sex, sexual orientation, marital status, and disability.
[SIGNATURES ON FOLLOWING PAGE]

EXHIBIT A

SCOPE OF SERVICES
The professional services may include, but not be limited to, the following: land surveying, civil engineering plan checking services, roadway design, drainage and flood control design, water and sewer pipeline design, water well design, wastewater treatment plant design, traffic studies, traffic signal design, master planning services, utility locating and conflict analysis or other similar engineering services. These services may result in the preparation of engineering reports, public presentations or the preparation of plans, specifications, and estimates suitable for the public bidding process.

The following is a list of the types of consulting services being considered. Each consultant is not required to have expertise in all of the items listed:
• Storm drain infrastructure analysis and design, including hydrology and hydraulic analysis. • Street geometrics, striping and signage analysis and design. • Street design, including repair/replacement of curb, gutter, sidewalk, driveways, ramps, street trees, signs, pavement, etc.
• Grading design.
• Traffic signal design and Traffic studies.
• Water well design, water, and sewer pipeline design.
• Wastewater Treatment Plant design
• Preparation of engineering plans, specifications and estimates in City-approved format. • Construction Support services include attending construction meetings, responding to requests for information, reviewing agreement submittals, and evaluating design changes during construction.

Additional requirements are as follows:

1. The Consultant’s Project Manager shall be available for periodic meetings to discuss issues related to task orders.

2. The Consultant must be adequately insured for liability and property damage pursuant to the conditions of the Agreement.

3. All work shall be performed and delivered in English Standard Units or as required by the City.

4. All survey work shall be performed on CCS/NAD 83 horizontal coordinates and use true NAVD 88 vertical controls.

5. Plans and Maps shall be submitted in the AutoCAD format in use by the City at the time of issuance of the task order, point files shall be submitted in ASCII format, and any estimates, schedules, or reports shall be submitted in Microsoft Office format.

6. Consultant may be required to provide topographic surveys to support their work product as necessary.

EXHIBIT B

FEE SCHEDULE

EXHIBIT C

TASK ORDER WORK SCHEDULE FORM

CITY OF MADERA
TASK ORDER FORM No. ___

TO ENGINEERING SERVICES AGREEMENT FOR
______________________________
PROJECT No. _______________
This TASK ORDER NO. _____ to Engineering Services Agreement dated ________, hereinafter called Agreement, between the City of Madera, (CITY), and ________(ENGINEER).

1. DESCRIPTION OF PROJECT
________________________________________________________________________ ________________________________________________________________________

2. SCOPE OF SERVICES
The City agrees to utilize the services of ENGINEER and ENGINEER agrees to perform ______________ listed engineering services as requested by CITY as per the Engineering Services Agreement. ENGINEER shall confirm the scope, schedule, and anticipated compensation for such services in writing prior to starting work (see attached proposed Scope of Services).

3. CITY’S RESPONSIBILITIES
CITY to provide ENGINEER with the following information:

1. CITY shall assign appropriate reviewers to the project and compile and provide a single consolidated, coordinated, legible copy of written review comments to ENGINEER for all draft documents and work products, as appropriate.

2. CITY shall provide timely review of submitted products as appropriate.

4. COMPENSATION

1. CITY shall pay ENGINEER according to the fee schedule set forth in Exhibit A to the Engineering Services Agreement dated ________.

2. Services provided under this Task Order shall not exceed (dollar value) _______ ($______).

5. MISCELLANEOUS
All terms and conditions of the Engineering Services Agreement apply to this Task Order as though fully set forth therein. In the event of a conflict between this Task Order and the Engineering Services Agreement, the terms of this Task Order shall apply.

The parties do mutually agree to all mutual covenants and agreements contained within this Task Order No. ____.

CITY OF MADERA
By: _______________________
Title: _______________________
Date: _______________________
(ENGINEER) ___________________
By: ________________________
Title: _________________________
Date: _________________________

STANDARD ADDENDUM FORM
TASK ORDER NO. __ - ADDENDUM NO. ___
(PROJECT) _________________________
This Addendum to Task Order No. _____ to the Engineering Services Agreement dated __________, hereinafter called Agreement, between the City of Madera (CITY), and __________________(ENGINEER).
____ Change in Schedule:
____ Change in Fee: An Increase/Decrease of $________ to Task Order No. ____ for a total contract amount of $_________. These changes are in accordance with the (Project description) ______, scope of services dated ______.
____ Modifies the Agreement in the following manner:

ATTACHMENT 2E
On-Call Agreement with Peters Engineering Group

ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND PETERS ENGINEERING GROUP, INC.

This Consultant Services Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“City”) and Peters Engineering Group, Inc. (“Consultant”).

This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).

RECITALS
A. The City has determined that it requires on-call, as-needed professional engineering services in order to maintain a high level of service to the community.

B. City has sought, by a Request for Qualifications, to select consultants to provide On-Call Engineering and Land Surveying Consulting Services.

C. Consultant submitted a Statement of Qualifications for performing the requested Services and is engaged in the business of furnishing such services as a consultant and hereby warrants and represents that it is qualified, licensed, and professionally capable of performing the Services called for in the Request for Qualifications and this Agreement.

D. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.

E. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

1. Scope of Services. Consultant shall perform, to the satisfaction of City in accordance with this Agreement, the Services described in the “Scope of Services” attached hereto as EXHIBIT A and incorporated by herein by this reference. Consultant shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein.

At such time as services are needed by City from Consultant, City will discuss with Consultant the general parameters of the applicable scope of services. In response, Consultant shall deliver to City, a “Preliminary Task Order,” which shall include a scope of work and cost proposal for the services needed by City. Consultant’s proposal shall include a breakdown of estimated hours and a work order schedule. No work shall be performed by Consultant until the Preliminary Task Order is accepted inwriting by City as evidenced by City’s issuance to Consultant of a final “Task Order,” Consultant shall commence performance and complete all required services no later than the dates set forth and in accordance with the approved, final Task Order.

Consultant accepts full responsibility for the scope of services provided by subconsultants necessary for delivery and completion of work under a Task Order. Consultant shall comply with applicable City of Madera design standards and requirements as directed by the City and applicable State and Federal requirements.

2. Term of Agreement; Commencement of Services. The term of this Agreement shall be three (3) years commencing on ________________, 2022, and shall terminate on __________, 2025, unless terminated earlier as set forth herein. This Agreement may be mutually extended after the initial three (3) year term for up to two (2) additional one (1) year terms upon approval of an extended agreement by the City Council.

Consultant shall commence the Services for each final Task Order upon City’s issuance of a written "Notice to Proceed" and shall continue with the Services until Consultant, as determined by City, has satisfactorily performed, and completed the Services for said Task Order, or until such time as the Agreement is terminated by either party in accordance with this Agreement, whichever is earlier.

3. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors assigned to perform the Services under this Agreement. Consultant shall notify City of any changes in Consultant's staff and subcontractors assigned to perform the Services under this Agreement.

Thereafter, Consultant may submit a new Hourly Rate Schedule as an amendment to this agreement no more than one time per year. It is understood and agreed by both parties that all expenses incidental to Consultant’s performance of services, including travel expenses, are included in the basic fee shown in EXHIBIT B. (d) Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month. Consultant’s invoice shall specify the billed hours and hourly rates for each employee classification. The sub-consultants work shall be included on Consultant's invoice with a copy of the sub-consultant’s invoice attached. A report on summary of costs to date for each component of the work shall accompany the invoice. This summary shall also estimate the percentage of the work completed for each component and the balance remaining in each component. (e) City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
(f) Payment to Consultant for work performed under this Agreement shall not be deemed to waive any defects in work performed by Consultant. (g) Extra Services. City agrees to pay Consultant for extra services not contemplated hereunder as set forth in the Scope of Work or for such services as may be specifically requested by City through City Engineer in writing and agreed to by Consultant for an agreed-to fixed fee or hourly rate of compensation or for necessary expenses over that listed in the Budget, provided, however, that the City Engineer’s authority is limited to expenditures not to exceed the amount of $2,000 (Two Thousand dollars and zero cents).

5. Time of Completion.
(a) Based on an agreed upon Notice to Proceed date for each Task Order, Consultant shall complete the work as shown in the standard Task Order Form set forth as EXHIBIT C.
(b) Consultant shall not be held responsible for delays caused by City review or by reasons beyond Consultant’s control. Also, Consultant shall not stop its work, including work unrelated to any extra services request, unless it can be shown that the project work cannot proceed while a claim or request for extra services is being evaluated. (c) Time is of the essence in the completion of the services covered by this Agreement. Failure of Consultant to comply with the above time schedule by more than fourteen (14) calendar days, unless the delay is not attributable to Consultant or is attributable to City, is sufficient cause to terminate this Agreement, at the option of City, in accordance with Section 18.

6. Independent Contractor Status. Consultant and its subcontractors shall perform the Services as independent contractors and not as officers, employees, agents, or volunteers of City. Nothing contained in this Agreement shall be deemed to create any contractual relationship between City and Consultant’s employees or subcontractors, nor shall anything contained in this Agreement be deemed to give any third party, including but not limited to Consultant’s employees or subcontractors, any claim or right of action against City. Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant or its agents or employees perform the services under this Agreement.

7. Qualifications, and Professional Standards. Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement. Consultant represents that to the extent Consultant utilizes subcontractors, such subcontractors are, and will be, qualified in their fields.

Consultant also expressly represents that both Consultant and its subcontractors, if any, are now, and will be throughout their performance of the Services under this Agreement, properly licensed or otherwise qualified and authorized to perform the Services required and contemplated by this Agreement. Consultant and its subcontractors, if any, shall utilize the standard of care and skill customarily exercised by members of their profession, shall use reasonable diligence and best judgment while performing the Services, and shall comply with and keep themselves informed of all applicable laws and regulations.

8. Identity of Subcontractors and Sub-Consultants. Consultant shall before commencing any work under this Agreement provide to City in writing: (a) the identity of all subcontractors and sub-consultants (collectively referred to as "subcontractors"), if any, which Consultant intends to utilize in Consultant's performance of this Agreement; and (b) a detailed description of the full scope of work to be provided by such subcontractors. Consultant shall only employ subcontractors pre-approved by City and in no event shall Consultant replace an approved subcontractor without the advance written permission of City, with the understanding that City’s permission will not be unreasonably withheld. Notwithstanding any other provisions in this Agreement, Consultant shall be liable to City for the performance of Consultant's subcontractors.

9. Subcontractor Provisions. Consultant shall include in its written agreements with its subcontractors, if any, provisions which: (a) impose upon the subcontractors the obligation to provide to City the same insurance and indemnity obligations that Consultant owes to City; (b) make clear that City intends to rely upon the reports, opinions, conclusions, and other work product prepared and performed by subcontractors for Consultant; and (c) compliance with all laws and certifications as required under this Agreement.

10. Power to Act on Behalf of City. Consultant shall not have any right, power, or authority to create any obligation, express or implied, or make representations on behalf of City except as may be expressly authorized in advance in writing from time to time by City and then only to the extent of such authorization.

11. Record Keeping; Reports. Consultant shall keep complete records showing the type of Services performed. Consultant shall be responsible and shall require its subcontractors to keep similar records. City shall be given reasonable access to the records of Consultant and its subcontractors for inspection and audit purposes. Consultant shall provide City with a working draft of all reports and a copy of all final reports prepared by Consultant under this Agreement.

This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

13. Confidentiality. All data, reports, conclusions, opinions, recommendations, and other work product prepared and performed by and on behalf of Consultant in connection with the Services performed pursuant to this Agreement shall be kept confidential and shall be disclosed only to City, unless otherwise provided by law or expressly authorized by City.

Consultant shall not disclose or permit the disclosure of any confidential information acquired during performance of the Services, except to its agents, employees, affiliates, and subcontractors who need such confidential information in order to properly perform their duties relative to this Agreement. Consultant shall also require its subcontractors to be bound to these confidentiality provisions.

14. City Name and Logo. Consultant shall not use City’s name or insignia, photographs relating to the City projects for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

15. Conflicts of Interest. Consultant warrants that neither Consultant nor any of its employees have an interest, present or contemplated, which would conflict in any manner with the interests of the City, or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant covenants that no person having any such interest, whether an employee or subcontractor shall perform the Services under this Agreement. During the performance of the Services, Consultant shall not employ or retain the services of any person who is employed by the City or a member of any City Board or Commission. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement, and any such future service shall not be considered a conflict of interest for purposes of this section.

16. Non-liability of Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successors in interest, in the event of a default or breach by City for any amount which may become due Consultant or its successor, or for any breach of any obligation under the terms of this Agreement.

17. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant. City reserves the right to employ other consultants in connection with the Services.

18. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.
(a) For Convenience of City. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant. (b) For Breach of Either Party. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause.
(c) Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. (d) Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process.

Following the termination of this Agreement for any reason whatsoever, City shall have the right to utilize such information and other documents, or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared under this Agreement by Consultant.

Consultant may not refuse to provide such writings or materials for any reason whatsoever.

19. Insurance. All insurance policies shall be subject to City approval as to form and content. Consultant shall provide City with copies of required certificates of insurance upon request. Without limiting Consultant’s indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide, and continuously maintain at its own expense during the term of the Agreement, and shall require any and all Subcontractors and Subconsultants of every Tier to obtain and maintain, policies of insurance of the type and amounts described below and in form satisfactory to the City.

Minimum Scope and Limits of Insurance
Consultant shall maintain limits no less than:
• $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the Cityand its officers, officials, employees, and agents shall be additional insureds under such policies. • $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. • Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. • $1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate.

Consultant shall maintain professional liability insurance that insures against professional errors and omission that may be made in performing the Services to be rendered in connection with this Agreement. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. The cost of such insurance shall be included in Consultant’s proposal.

Maintenance of Coverage
Consultant shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, employees, subcontractors or subconsultants as specified in this Agreement.

Proof of Insurance
Consultant shall provide to the City certificates of insurance and endorsements, as required, as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance.

Current evidence of insurance shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

Acceptable Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance commissioner to transact business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and a Financial Size Category Class VII (or larger), in accordance with the latest edition of Best’s Key Rating Guide.

Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Consultant, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

Enforcement of Contract Provisions (non-estoppel)
Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City, nor does it waive any rights hereunder.

Specifications not Limiting
Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If Consultant maintains higher limits than the minimums required above, the City shall be entitled to coverage at the higher limits maintained by Consultant.

Notice of Cancellation
Consultant agrees to oblige its insurance agent or broker and insurers to provide to the City with thirty (30) calendar days’ notice of cancellation (except for nonpayment for which ten (10) calendar days’ notice is required) or nonrenewal of coverage for each required coverage.

Self-insured Retentions
Any self-insured retentions must be declared to and approved by the City. The City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City’s Risk Manager.

Timely Notice of Claims
Consultant shall give the City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional Insurance
Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgement may be necessary for its proper protection and prosecution of the Work.

20. Indemnification.

Indemnity for Professional Liability:

When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.

Indemnity for Other Than Professional Liability:

Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant, except when caused by the active negligence or willful misconduct of the City.

22. Professional Responsibility. Consultant shall be obligated to comply with applicable standards of professional care in the performance of the Services by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. Consultantrecognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained, despite the use of due professional care.

23.A Federal funded Task Orders: Where the Task Order services provided pursuant to the Agreement are funded by a federal program, including but not limited to, Community Block Grant Funds, Consultant certifies and agrees that Consultant will be in:
• Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees.)
• Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and sub grants or construction or repair).
• Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub grantees required by Federal grant program legislation.)
• Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 and in excess of $2500 for other contracts which involve the employment of mechanics or laborers.) • (e) Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to reporting.
• Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. • Compliance with any awarding agency requirements and regulations pertaining to copyrights and rights in data.
• Compliance with access requirements imposed by the grantee, the sub grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
• Compliance with applicable requirements for the retention of all required records for three years after grantees or sub grantees make final payments and all other pending matters are closed.
• Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations $100,000.)
• Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 97-163, 89 Stat. 871.) [53 FR 8068.8067. Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995]]

To City: CITY ENGINEER
City of Madera
428 E. Yosemite Avenue
Madera, CA 93638
Email:

To Consultant: Peters Engineering Group Inc.
862 Pollasky Avenue
Clovis, CA 93612
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

27. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

32. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

CONSULTANT NAME CITY OF MADERA
By: ______________________________ By: ______________________________ (ADD NAME & POSITION) Santos Garcia, Mayor
Taxpayer ID #: _________________
Date: ________________________ Date: ________________________ APPROVED AS TO FORM:
_____________________________
Hilda Cantú Montoy, City Attorney

ATTEST:

By: __________________________
Alicia Gonzales, City Clerk
EXHIBIT A – Scope of Services
EXHIBIT B – Fee Schedule
EXHIBIT C – Task Order Work Schedule Form

EXHIBIT A

The following is a list of the types of consulting services being considered. Each consultant is not required to have expertise in all of the items listed:
• Storm drain infrastructure analysis and design, including hydrology and hydraulic analysis. • Street geometrics, striping and signage analysis and design. • Street design, including repair/replacement of curb, gutter, sidewalk, driveways, ramps, street trees, signs, pavement, etc.
• Grading design.
• Traffic signal design and Traffic studies.
• Water well design, water, and sewer pipeline design.
• Wastewater Treatment Plant design
• Preparation of engineering plans, specifications and estimates in City-approved format. • Construction Support services include attending construction meetings, responding to requests for information, reviewing agreementsubmittals, and evaluating design changes during construction.

Additional requirements are as follows:

1. The Consultant’s Project Manager shall be available for periodic meetings to discuss issues related to task orders.

2. The Consultant must be adequately insured for liability and property damage pursuant to the conditions of the Agreement.

3. All work shall be performed and delivered in English Standard Units or as required by the City.

4. All survey work shall be performed on CCS/NAD 83 horizontal coordinates and use true NAVD 88 vertical controls.

6. Consultant may be required to provide topographic surveys to support their work product as necessary.

EXHIBIT B

FEE SCHEDULE

EXHIBIT C

TASK ORDER WORK SCHEDULE FORM

CITY OF MADERA
TASK ORDER FORM No. ___

1. DESCRIPTION OF PROJECT
________________________________________________________________________ ________________________________________________________________________

3. CITY’S RESPONSIBILITIES
CITY to provide ENGINEER with the following information:

2. CITY shall provide timely review of submitted products as appropriate.

4. COMPENSATION

1. CITY shall pay ENGINEER according to the fee schedule set forth in Exhibit A to the Engineering Services Agreement dated ________.

2. Services provided under this Task Order shall not exceed (dollar value) _______ ($______).

The parties do mutually agree to all mutual covenants and agreements contained within this Task Order No. ____.

CITY OF MADERA
By: ______________________
Title: ______________________
Date: ______________________
ENGINEER____________________
By: _______________________
Title: _______________________
Date: _______________________
ATTACHMENT 2F
On-Call Agreement with O’Dell Engineering

ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND O’DELL ENGINEERING INC.

This Consultant Services Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“City”) and O’Dell Engineering, Inc. (“Consultant”). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).

RECITALS
A. The City has determined that it requires on-call, as-needed professional engineering services in order to maintain a high level of service to the community.

B. City has sought, by a Request for Qualifications, to select consultants to provide On-Call Engineering and Land Surveying Consulting Services.

D. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.

E. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

4. Compensation for Services. City shall compensate Consultant for rendering the Services as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant by the amounts specified in the Schedule of Compensation attached hereto as EXHIBIT B and incorporated herein by this reference. Both parties agree that Consultant’s total compensation under this Agreement shall not exceed $300,000 for Year 1, $300,000 for Year 2, and $300,000 for Year 3 of the Agreement and shall not exceed a total contract amount of $900,000. At the end of the three (3) year term, City may extend the term of this Agreement for up to two (2) additional one (1) year periods with a not-to-exceed compensation amount of $300,000 per year by providing advance written notice to CONSULTANT and written confirmation by CONSULTANT thereof. (b) City reserves the right to not request any services of Consultant during the entire duration of this Agreement. Consultant shall only be paid for services performed under this Agreement to the extent authorized by final Task Order approved by the City Engineer. The City does not guarantee any specific amount of work, if any, or billable hours that will be preauthorized. No overhead or other expenses can be recovered for interim periods when Consultant’s services are not utilized by City. (c) City and Consultant agree on the rates shown in EXHIBIT B, “Hourly Rate Schedule”, and agree that they will remain in effect for the first two years of Agreement Thereafter, Consultant may submit a new Hourly Rate Schedule as an amendment to this agreement no more than one time per year. It is understood and agreed by both parties that all expenses incidental to Consultant’s performance of services, including travel expenses, are included in the basic fee shown in EXHIBIT B. (d) Each month Consultant shall invoice City for all work performed and expenses incurred during the preceding month. Consultant’s invoice shall specify the billed hours and hourly rates for each employee classification. The sub-consultants work shall be included on Consultant's invoice with a copy of the sub-consultant’s invoice attached. A report on summary of costs to date for each component of the work shall accompany the invoice. This summary shall also estimate the percentage of the work completed for each component and the balance remaining in each component. (e) City shall independently review each invoice submitted by the Consultant to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. The invoiced amount shall be paid within 30 calendar days unless City disputes any charges or expenses. If any charges or expenses are disputed, City shall pay the undisputed amount, and notify Consultant of the nature and amount of the disputed charge or expense. The parties shall seek to resolve the disputed items(s) by mutual agreement.
(f) Payment to Consultant for work performed under this Agreement shall not be deemed to waive any defects in work performed by Consultant. (g) Extra Services. City agrees to pay Consultant for extra services not contemplated hereunder as set forth in the Scope of Work or for such services as may be specifically requested by City through City Engineer in writing and agreed to by Consultant for an agreed-to fixed fee or hourly rate of compensation or for necessary expenses over that listed in the Budget, provided, however, that the City Engineer’s authority is limited to expenditures not to exceed the amount of $2,000.00 (Two Thousand dollars and zero cents).

This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

17. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant. City reserves the right to employ other consultants in connection with the Services.

Consultant may not refuse to provide such writings or materials for any reason whatsoever.

20. Indemnification.

Indemnity for Professional Liability:

Indemnity for Other Than Professional Liability:

22. Professional Responsibility. Consultant shall be obligated to comply with applicable standards of professional care in the performance of the Services by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. Consultantrecognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained, despite the use of due professional care.

To City: CITY ENGINEER
City of Madera
428 E. Yosemite Avenue
Madera, CA 93638
Email:

To Consultant: O’Dell Engineering Inc.
1165 Scenic Drive, Suite A
Modesto, CA 95350
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

27. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

32. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

ATTEST:

By: __________________________
Alicia Gonzales, City Clerk
EXHIBIT A – Scope of Services
EXHIBIT B – Fee Schedule
EXHIBIT C – Task Order Work Schedule Form

EXHIBIT A

The following is a list of the types of consulting services being considered. Each consultant is not required to have expertise in all of the items listed:
• Storm drain infrastructure analysis and design, including hydrology and hydraulic analysis. • Street geometrics, striping and signage analysis and design. • Street design, including repair/replacement of curb, gutter, sidewalk, driveways, ramps, street trees, signs, pavement, etc.
• Grading design.
• Traffic signal design and Traffic studies.
• Water well design, water, and sewer pipeline design.
• Wastewater Treatment Plant design
• Preparation of engineering plans, specifications and estimates in City-approved format. • Construction Support services include attending construction meetings, responding to requests for information, reviewing agreementsubmittals, and evaluating design changes during construction.

Additional requirements are as follows:

1. The Consultant’s Project Manager shall be available for periodic meetings to discuss issues related to task orders.

2. The Consultant must be adequately insured for liability and property damage pursuant to the conditions of the Agreement.

3. All work shall be performed and delivered in English Standard Units or as required by the City.

4. All survey work shall be performed on CCS/NAD 83 horizontal coordinates and use true NAVD 88 vertical controls.

6. Consultant may be required to provide topographic surveys to support their work product as necessary.

EXHIBIT B

O'Dell Engineering

FEE SCHEDULE
Classification: Regular Hourly Rate:

Principal $244
Senior Civil Engineer $206
Senior Engineer 2 $196
Senior Engineer 1 $184
Engineer 2 $182
Engineer 1 $170
Assistant Engineer 2 $143
Assistant Engineer 1 $126
Senior Landscape Architect 2 $176
Senior Landscape Architect 1 $164
Landscape Architect 2 $151
Landscape Architect 1 $139
Landscape Designer 3 $134
Landscape Designer 2 $129
Landscape Designer 1 $117
Planner $173
Assistant Planner $139
Dry Utility Project Manager 2 $168
Dry Utility Project Manager 1 $151
Utility Engineer $135
CADD Operator 2 $112
CADD Operator 1 $92
Senior Land Surveyor $201
Senior Surveyor 2 $193
Senior Surveyor 1 $171
Surveyor2 $153
Surveyor 1 $143
Assistant Surveyor 2 $129
Assistant Surveyor 1 $117
Survey Crew 2-man/1-man $318/$182
Survey Crew 2-man/ I-man (Prevailing Wage) $393/$216
Administrative $102
Outside Services & Reproduction:

Cost of services and expenses charged to O'Dell Engineering by outside consultants, commercial printers, and professional or technical firms engaged in connection with the project.

Travel:

Mileage, per diem, and subsistence are not normally charged to the client unless specific prior authorization is negotiated between client and consultant.

EXHIBIT C

TASK ORDER WORK SCHEDULE FORM

CITY OF MADERA
TASK ORDER FORM No. ___

1. DESCRIPTION OF PROJECT
________________________________________________________________________ ________________________________________________________________________

3. CITY’S RESPONSIBILITIES
CITY to provide ENGINEER with the following information:

2. CITY shall provide timely review of submitted products as appropriate.

4. COMPENSATION

1. CITY shall pay ENGINEER according to the fee schedule set forth in Exhibit A to the Engineering Services Agreement dated ________.

2. Services provided under this Task Order shall not exceed (dollar value) _______ ($______).

The parties do mutually agree to all mutual covenants and agreements contained within this Task Order No. ____.

ATTACHMENT 2G
On-Call Agreement with Quad Knopf (dba QK)

ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND

QUAD-KNOPF (QK)
This Consultant Services Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“City”) and Quad-Knopf, Inc. (QK) (“Consultant”). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).

RECITALS
A. The City has determined that it requires on-call, as-needed professional engineering services in order to maintain a high level of service to the community.

B. City has sought, by a Request for Qualifications, to select consultants to provide On-Call Engineering and Land Surveying Consulting Services.

D. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.

E. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

Consultant shall commence the Services for each final Task Order upon City’s issuance of a written "Notice to Proceed" and shall continue with the Services until Consultant, as determined by City, has satisfactorily performed, and completed the Servicesfor said Task Order, or until such time as the Agreement is terminated by either party in accordance with this Agreement, whichever is earlier.

(c) Time is of the essence in the completion of the services covered by this Agreement. Failure of Consultant to comply with the above time schedule by more than fourteen (14) calendar days, unless the delay is not attributable to Consultant or is attributable to City, is sufficient cause to terminate this Agreement, at the option of City, in accordance with Section 18.

12. Ownership and Inspection of Documents. All data, tests, reports, documents, conclusions, opinions, recommendations, and other work product generated by or produced for Consultant or its subcontractors in connection with the Services, regardless of the medium, including physical drawings and materials recorded on computer discs (“Work Product”), shall be and remain the property of City. City shall have the right to use, copy, modify, and reuse the Work Product as it sees fit. Any reuse or modification of Work Product shall be at the City’s own risk product and without liability or legal exposure to Consultant. City shall defend, indemnify and hold harmless Consultant against all claims, damages, losses, and expense (including reasonable attorney’s fees) arising out of or resulting from such reuse or modification. Upon City’s request, Consultant shall make available for inspection and copying all such Work Product and all Work Product shall be turned over to City promptly at City’s request or upon termination of this Agreement, whichever occurs first. Consultant shall not release any Work Product to third parties without prior written approval of the City Manager. This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

17. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant. City reserves the right to employ other consultants in connection with the Services.

18. Termination of Agreement. This Agreement shall terminate upon completion of the Services, or earlier pursuant to the following.

(a) For Convenience of City. This Agreement may be terminated by City at its discretion upon thirty (30) days prior written notice to Consultant. (b) For Breach of Either Party. If for any cause either party fails to fulfill in a timely and proper manner its obligations under this Agreement (the “breaching party”), the other party (the “terminating party”) shall have the right to terminate the Agreement by giving not less than five (5) working days’ written notice to the breaching party of the intent to terminate and specifying the effective date thereof. The terminating party shall, however, provide the breaching party with a detailed statement of the grounds for termination. This statement shall include, as appropriate, references to specific provisions of this Agreement, dates, dollar amounts and other information relevant to the decision to terminate for cause.
(c) Compensation to Consultant Upon Termination. In the event termination is not due to fault attributable to Consultant and provided all other conditions for payment have been met, Consultant shall be paid compensation for services performed prior to notice of termination. As to any phase partially performed but for which the applicable portion of Consultant's compensation has not become due, Consultant shall be paid the reasonable value of its services provided. However, in no event shall such payment when added to any other payment due under the applicable part of the work exceed the total compensation of such part as specified in Section 3 herein. In the event of termination due to Consultant’s failure to perform in accordance with the terms of this Agreement through no fault of City, City may withhold an amount that would otherwise be payable as an offset to City's damages caused by such failure. (d) Effect of Termination. Upon receipt of a termination notice (or completion of this Agreement), Consultant shall: (i) promptly discontinue all Services affected (unless the notice directs otherwise); and (ii) deliver or otherwise make available to the City, without additional compensation, all data, documents, procedures, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Consultant in performing this Agreement, whether completed or in process.

Consultant may not refuse to provide such writings or materials for any reason whatsoever.

Minimum Scope and Limits of Insurance
Consultant shall maintain limits no less than:
• $2,000,000 General Liability (including operations, products and completed operations) per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage form CG 00 01. General liability policies shall be endorsed using ISO form CG 20 10 that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. • $2,000,000 Automobile Liability combined single limit per accident for bodily injury or property damage at least as broad as ISO Form CA 00 01 for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles. Automobile Liability policies shall be endorsed to provide that the City and its officers, officials, employees, and agents shall be additional insureds under such policies. • Worker’s Compensation as required by the State of California and $1,000,000 Employer’s Liability per accident for bodily injury or disease. Consultant shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. • $1,000,000 Professional Liability (Errors & Omissions) per claim and in the aggregate.

Waiver of Subrogation
General liability, auto liability, and workers compensation insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Consultant, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants or subcontractors.

20. Indemnification.

Indemnity for Professional Liability:

When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, including CA Civil Code Section 2782.8, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.

Indemnity for Other Than Professional Liability:

23.A. Federal funded Task Orders: Where the Task Orders services provided pursuant to the Agreement are funded by a federal program, including but not limited to, Community Block Grant Funds, Consultant certifies and agrees that Consultant will be in:
• Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees.)
• Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and sub grants or construction or repair).
• Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub grantees required by Federal grant program legislation.)
• Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 and in excess of $2500 for other contracts which involve the employment of mechanics or laborers.) • (e) Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to reporting.
• Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. • Compliance with any awarding agency requirements and regulations pertaining to copyrights and rights in data.
• Compliance with access requirements imposed by the grantee, the sub grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
• Compliance with applicable requirements for the retention of all required records for three years after grantees or sub grantees make final payments and all other pending matters are closed.
• Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations $100,000.)
• Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 97-163, 89 Stat. 871.) [53 FR 8068.8067. Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995]]

To City: CITY ENGINEER
City of Madera
428 E. Yosemite Avenue
Madera, CA 93638

To Consultant: Quad-Knopf (QK)
2815 Park Avenue
Merced, CA 95348
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

27. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

32. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

QUAD KNOPF, INC. (QK) CITY OF MADERA
By: ______________________________ By: ______________________________ Amber Aguayo, CFO/COO Santos Garcia, Mayor
Taxpayer ID #: _________________
Date: ________________________ Date: ________________________ APPROVED AS TO FORM:
_____________________________
Hilda Cantú Montoy, City Attorney
ATTEST:

By: __________________________
Alicia Gonzales, City Clerk
EXHIBIT A – Scope of Services
EXHIBIT B – Fee Schedule
EXHIBIT C – Task Order Work Schedule Form
94-2228472
9/08/2022

EXHIBIT A

Additional requirements are as follows:

1. The Consultant’s Project Manager shall be available for periodic meetings to discuss issues related to task orders.

2. The Consultant must be adequately insured for liability and property damage pursuant to the conditions of the Agreement.

3. All work shall be performed and delivered in English Standard Units or as required by the City.

4. All survey work shall be performed on CCS/NAD 83 horizontal coordinates and use true NAVD 88 vertical controls.

6. Consultant may be required to provide topographic surveys to support their work product as necessary.

EXHIBIT B

FEE SCHEDULE

EXHIBIT C

TASK ORDER WORK SCHEDULE FORM

CITY OF MADERA
TASK ORDER FORM No. ___

1. DESCRIPTION OF PROJECT
________________________________________________________________________ ________________________________________________________________________

3. CITY’S RESPONSIBILITIES
CITY to provide ENGINEER with the following information:

2. CITY shall provide timely review of submitted products as appropriate.

4. COMPENSATION

1. CITY shall pay ENGINEER according to the fee schedule set forth in Exhibit A to the Engineering Services Agreement dated ________.

2. Services provided under this Task Order shall not exceed (dollar value) _______ ($______).

The parties do mutually agree to all mutual covenants and agreements contained within this Task Order No. ____.

ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND

AM CONSULTING ENGINEERS
This Consultant Services Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“City”) and AM Consulting Engineers (“Consultant”). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).

RECITALS
A. The City has determined that it requires on-call, as-needed professional engineering services in order to maintain a high level of service to the community.

B. City has sought, by a Request for Qualifications, to select consultants to provide On-Call Engineering and Land Surveying Consulting Services.

D. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.

E. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

17. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant. City reserves the right to employ other consultants in connection with the Services.

Consultant may not refuse to provide such writings or materials for any reason whatsoever.

20. Indemnification.

Indemnity for Professional Liability:

Indemnity for Other Than Professional Liability:

22. Professional Responsibility. Consultant shall be obligated to comply with applicable standards of professional care in the performance of the Services by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. Consultantrecognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained, despite the use of due professional care.

23. A Federal funded Task Orders: Where the Task Order services provided pursuant to the Agreement are funded by a federal program, including but not limited to, Community Block Grant Funds, Consultant certifies and agrees that Consultant will be in:
• Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees.)
• Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and sub grants or construction or repair).
• Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub grantees required by Federal grant program legislation.)
• Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 and in excess of $2500 for other contracts which involve the employment of mechanics or laborers.) • (e) Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to reporting.
• Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. • Compliance with any awarding agency requirements and regulations pertaining to copyrights and rights in data.
• Compliance with access requirements imposed by the grantee, the sub grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
• Compliance with applicable requirements for the retention of all required records for three years after grantees or sub grantees make final payments and all other pending matters are closed.
• Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations $100,000.)
• Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 97-163, 89 Stat. 871.) [53 FR 8068.8067. Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995]]

To City: CITY ENGINEER
City of Madera
428 E. Yosemite Avenue
Madera, CA 93638
Email:

To Consultant: AM Consulting Engineers
5150 N. Sixth Street, Suite 124
Fresno, CA 93710
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

27. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

32. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

ATTEST:

By: __________________________
Alicia Gonzales, City Clerk
EXHIBIT A – Scope of Services
EXHIBIT B – Fee Schedule
EXHIBIT C – Task Order Work Schedule Form

EXHIBIT A

The following is a list of the types of consulting services being considered. Each consultant is not required to have expertise in all of the items listed:
• Storm drain infrastructure analysis and design, including hydrology and hydraulic analysis. • Street geometrics, striping and signage analysis and design. • Street design, including repair/replacement of curb, gutter, sidewalk, driveways, ramps, street trees, signs, pavement, etc.
• Grading design.
• Traffic signal design and Traffic studies.
• Water well design, water, and sewer pipeline design.
• Wastewater Treatment Plant design
• Preparation of engineering plans, specifications and estimates in City-approved format. • Construction Support services include attending construction meetings, responding to requests for information, reviewing agreementsubmittals, and evaluating design changes during construction.

Additional requirements are as follows:

1. The Consultant’s Project Manager shall be available for periodic meetings to discuss issues related to task orders.

2. The Consultant must be adequately insured for liability and property damage pursuant to the conditions of the Agreement.

3. All work shall be performed and delivered in English Standard Units or as required by the City.

4. All survey work shall be performed on CCS/NAD 83 horizontal coordinates and use true NAVD 88 vertical controls.

6. Consultant may be required to provide topographic surveys to support their work product as necessary.

EXHIBIT B

FEE SCHEDULE

EXHIBIT C

TASK ORDER WORK SCHEDULE FORM

CITY OF MADERA
TASK ORDER FORM No. ___

1. DESCRIPTION OF PROJECT
________________________________________________________________________ ________________________________________________________________________

3. CITY’S RESPONSIBILITIES
CITY to provide ENGINEER with the following information:

2. CITY shall provide timely review of submitted products as appropriate.

4. COMPENSATION

1. CITY shall pay ENGINEER according to the fee schedule set forth in Exhibit A to the Engineering Services Agreement dated ________.

2. Services provided under this Task Order shall not exceed (dollar value) _______ ($______).

The parties do mutually agree to all mutual covenants and agreements contained within this Task Order No. ____.

ATTACHMENT 2J
On-Call Agreement with TJKM Consultants

ON-CALL CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF MADERA AND

TJKM CONSULTANTS
This Consultant Services Agreement ("Agreement”) is entered into between the CITY OF MADERA, a California general law city (“City”) and TJKM Consultants (“Consultant”). This Agreement shall be effective on the date signed by City which shall occur after execution by Consultant (“Effective Date”).

RECITALS
A. The City has determined that it requires on-call, as-needed professional engineering services in order to maintain a high level of service to the community.

B. City has sought, by a Request for Qualifications, to select consultants to provide On-Call Engineering and Land Surveying Consulting Services.

D. City has selected Consultant to perform the requested Services on the basis of Consultant's demonstrated competence and professional qualifications.

E. City desires to retain Consultant, and Consultant desires to provide City with the Services, on the terms and conditions as set forth in this Agreement.

NOW, THEREFORE, in consideration of the promises and mutual agreements herein, City and Consultant agree as follows:

AGREEMENT

This obligation shall survive termination of this Agreement and shall survive for four (4) years from the date of expiration or termination of this Agreement.

17. City Right to Employ Other Consultants. This Agreement is non-exclusive with Consultant. City reserves the right to employ other consultants in connection with the Services.

Consultant may not refuse to provide such writings or materials for any reason whatsoever.

20. Indemnification.

Indemnity for Professional Liability:

Indemnity for Other Than Professional Liability:

22. Professional Responsibility. Consultant shall be obligated to comply with applicable standards of professional care in the performance of the Services by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. Consultantrecognizes that opinions relating to environmental, geologic, and geotechnical conditions are based on limited data and that actual conditions may vary from those encountered at the times and locations where the data are obtained, despite the use of due professional care.

23. A. Federal funded Task Orders: Where the Task Order services provided pursuant to the Agreement are funded by a federal program, including but not limited to, Community Block Grant Funds, Consultant certifies and agrees that Consultant will be in:
• Compliance with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees.)
• Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and sub grants or construction or repair).
• Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and sub grantees required by Federal grant program legislation.)
• Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 and in excess of $2500 for other contracts which involve the employment of mechanics or laborers.) • (e) Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to reporting.
• Compliance with the provisions of any notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. • Compliance with any awarding agency requirements and regulations pertaining to copyrights and rights in data.
• Compliance with access requirements imposed by the grantee, the sub grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
• Compliance with applicable requirements for the retention of all required records for three years after grantees or sub grantees make final payments and all other pending matters are closed.
• Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations $100,000.)
• Compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 97-163, 89 Stat. 871.) [53 FR 8068.8067. Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995]]

To City: CITY ENGINEER
City of Madera
428 E. Yosemite Avenue
Madera, CA 93638
Email:

To Consultant: TJKM Consultants
4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, or if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

27. Authority. The signatories to this Agreement warrant and represent that they have the legal right, power, and authority to execute this Agreement and bind their respective entities.

32. Third Party Beneficiaries. Nothing in this Agreement shall be construed to confer any rights upon any party not a signatory to this Agreement.

ATTEST:

By: __________________________
Alicia Gonzales, City Clerk
EXHIBIT A – Scope of Services
EXHIBIT B – Fee Schedule
EXHIBIT C – Task Order Work Schedule Form

EXHIBIT A

The following is a list of the types of consulting services being considered. Each consultant is not required to have expertise in all of the items listed:
• Storm drain infrastructure analysis and design, including hydrology and hydraulic analysis. • Street geometrics, striping and signage analysis and design. • Street design, including repair/replacement of curb, gutter, sidewalk, driveways, ramps, street trees, signs, pavement, etc.
• Grading design.
• Traffic signal design and Traffic studies.
• Water well design, water, and sewer pipeline design.
• Wastewater Treatment Plant design
• Preparation of engineering plans, specifications and estimates in City-approved format. • Construction Support services include attending construction meetings, responding to requests for information, reviewing agreementsubmittals, and evaluating design changes during construction.

Additional requirements are as follows:

1. The Consultant’s Project Manager shall be available for periodic meetings to discuss issues related to task orders.

2. The Consultant must be adequately insured for liability and property damage pursuant to the conditions of the Agreement.

3. All work shall be performed and delivered in English Standard Units or as required by the City.

4. All survey work shall be performed on CCS/NAD 83 horizontal coordinates and use true NAVD 88 vertical controls.

6. Consultant may be required to provide topographic surveys to support their work product as necessary.

EXHIBIT B

FEE SCHEDULE

EXHIBIT C

TASK ORDER WORK SCHEDULE FORM

CITY OF MADERA
TASK ORDER FORM No. ___

1. DESCRIPTION OF PROJECT
________________________________________________________________________ ________________________________________________________________________

3. CITY’S RESPONSIBILITIES
CITY to provide ENGINEER with the following information:

2. CITY shall provide timely review of submitted products as appropriate.

4. COMPENSATION

1. CITY shall pay ENGINEER according to the fee schedule set forth in Exhibit A to the Engineering Services Agreement dated ________.

2. Services provided under this Task Order shall not exceed (dollar value) _______ ($______).

The parties do mutually agree to all mutual covenants and agreements contained within this Task Order No. ____.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 19, 2022
_________________________________ Agenda Number: ___________ Will Tackett, Community Development Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Consideration of an Appropriation of Funds from the General Fund for Purposes of the Planning Department Personnel Support Contracted Services Account RECOMMENDATION:

Adopt a Resolution appropriating funds from the General Fund for the Planning Department Contracted Services (1020-4100-6440) Account
SUMMARY:

The Fiscal Year 2021/22 annual operating budget adopted for the Planning Department included an appropriation and allocation of funds in the amount of $250,000 for purposes of Contracted Services, represented within the 1020-4100-6440 expenditure account. This appropriation authorized expenditures for Council approved professional planning service contracts, which were executed with specific consultant firms and/or contingent labor persons to assist City staff with: the processing of property development entitlements and other land use planning processes (e.g., Zoning Ordinance, General Plan, or Special Studies) and associated document preparation; coordination of California Environmental Quality Act (CEQA) compliance processes as well as preparation and documentation of appropriate analyses and findings; attendance and presentations at Planning Commission and/or City Council meetings, neighborhood meetings, or other stakeholder organization meetings; geographic information system (GIS) services, updates and maintenance; and, other matters as may be directed from time to time by the City Manager, Development Director, and/or Planning Manager.

The terms of duration for these previously approved professional planning service contracts were not defined based upon a specified length of time but rather, based upon monetary compensation for performance of said on-call services not to exceed the appropriated amount.

Following Council adoption of the Fiscal Year 2022/23 annual operating budget and receipt of invoices for compensation of the professional contract services performed, City staff discovered D-2
that previously allocated funding within the Planning Department’s operating budget from the 2021/22 Fiscal Year were inadvertently omitted and not carried over to the same lineitem/account within the Planning Department’s 2022/23 Fiscal Year operating budget. As no funds were available within this account, it was necessary for City staff to utilize Central Administrative Contingency funds (from the General Fund) to satisfy the City’s obligation to provide compensation for the contracted services performed, and for which the invoices were received.

Therefore, City staff request the Council to approve an amendment to the General Fund Fiscal Year 2022/2023 Budget in order to appropriate and allocate funds for purposes of a line-item increase to the Planning Department’s Contracted Services Account in an amount equal to the balances of the existing and previously approved professional service contracts and agreements in order to be able to continue to utilize such services over the remainder of the 2022/23 Fiscal Year. This amount must also include an allocation equal to those Central Administrative Contingency funds expended for purposes of reimbursement of the contingency fund. The total amount requested to be appropriated and allocated from the General Fund to the Planning 1020- 4100-6440 expenditure account to cover previously approved Contract Services over the balance of the current fiscal year and to reimburse the Central Administrative Contingency Fund is $237,563.23.

DISCUSSION:

The absence of an appropriation, and allocation for expenditures related to the Contracted Services account within the Planning Department’s operating budget translates to an inability by the Planning Department to continue to utilize previously approved professional consultant services or contingent labor to assist staff in meeting customer needs and demands for the processing of land use related entitlement applications; as well as an inability to rely on such professional consultants or contracted labor to assist with facilitation of either present or future local planning-related, or state or even federal mandated initiatives or obligations.

The recruitment of additional full-time staff within the Planning Department will be a primary focus of Department administration and management within the current fiscal year. The Planning Department presently employs the Planning Manager, one Senior Planner, one Planning Intern, and one Administrative Assistant. Currently, the Department has position vacancies for an additional Assistant Planner and an additional Associate/Senior Planner. While economic projections may result in a reduction in application volume over the next eight months, current workload volume and an ability to satisfy customer service demand as well as public and private expectations relative to expediency in application processing will require continued reliance on supplemental professional consultant and contingent labor personnel assistance until additional full-time salary staff can be recruited.

FINANCIAL IMPACT:

The approved City of Madera 2022/23 Fiscal Year budget contains sufficient surplus or reserve funds to accommodate the request for re-allocation of funding to the Planning Department’s Contract Services account. No additional contracts, extensions or modifications of existing contracts, or additional funding beyond what has been previously approved by the City Council for the same services and purposes is being requested. Given the fact that funds were appropriated and allocated to the same line item in the previous fiscal year budget, and for the same purpose of authorizing expenditures to compensate the same professional consultant contracted and contingent labor services, the current fiscal year budget’s surplus is in part realized from reserve equal to the amount of funds requested to be appropriated and reallocated with this request.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:

The proposed action is not specifically addressed in the vision or action plans. The requested action is also not in conflict with any of the actions or goals contained in the plan; but rather, will assist the City in implementing the underlying principles of the Vision 2025 Plan as well as meeting the goals, objectives and policies of the General Plan.

ALTERNATIVES:

Should the Council not take action on the proposed budget amendments, the adopted budget will remain unchanged.

ATTACHMENTS:

1. Resolution Appropriating Funds from the General Fund for the Planning Department Contracted Services (1020-4100-6440) Account in the Amount of $237,563.23.

2. Planning Department FY 2022/23 Operating Budget

3. Planning Department FY 2021/22 Operating Budget
ATTACHMENT 1
Resolution Appropriating Funds from the General Fund for the Planning Department Contracted Services (1020-4100-6440) Account in the Amount of $237,563.23.

Resolution No. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MADERA

APPROPRIATING FUNDS FROM THE GENERAL FUND FOR THE PLANNING DEPARTMENT CONTRACTED SERVICES (1020-4100-6440 ACCOUNT IN THE AMOUNT OF $237,563.23)
WHEREAS, the City Council previously adopted a Citywide budget for the 2022/2023 fiscal year; and
WHEREAS, the City has determined that it is prudent to appropriate funds from the General Fund to increase expenditure allocations for purposes of personnel support contracted services in the Planning Department operating budget; and WHEREAS, expenditure accounts will need to be increased within the Planning Fund and Contracted Services Account (1020-4100-6440) for said purposes; and WHEREAS, an adequate fund balance is available in said General Fund to allow for said increase of appropriations.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MADERA HEREBY finds, orders and resolves as follows:
1 . The above recitals are true and correct.

2. The budgets of the Planning Fund are hereby amended to increase expenditure allocations for Contracted Services in the Planning Department 2022/2023 Operating Budget.

3. The City's Finance Department is directed to take all actions necessary to effectuate this budget amendment.

4. This resolution is effective immediately upon adoption. * * * * * * * *
ATTACHMENT 2
Planning Department FY 2022/23 Operating Budget
(10204100)
Actual Actual Budgeted 11Mo Actual Projection Budgeted
2019/20 2020/21 2021/22 2021/22 2021/22 2022/23
33-Charges for Services
4137-New Projects - - - 114,548 - -
4231-Sale of Maps and Publications - - 50 - - -
4249-Zoning/Land Use/Annex Fees (1,236) - 200,000 311,596 311,600 200,000 Total 33-Charges for Services $207,051 $197,485 $200,050 $426,144 $311,600 $200,000 48-Refunds
4657-Miscellaneous Revenue 10 1,345 3,760 25 25 25
4659-Refunds and Reimbursements - - - 4,025 4,025 -
Total 48-Refunds $10 $1,345 $3,760 $4,050 $4,050 $25
Total Revenues $207,061 $198,830 $203,810 $430,194 $315,650 $200,025 50-Salaries & Benefits
5000-Salaries / Full-Time 226,895 272,039 329,406 301,332 301,055 372,541 5005-Salaries / Part-time - - - 4,056 4,056 17,472
5100-Salaries / Overtime 36 - 2,500 9,967 9,970 10,000
5105-Salaries - Leave Payout 19,187 3,604 5,864 3,031 3,030 - 5200-Salaries - Auto & Expense Allo - - - - - -
5300-Public Employees Retirement Sy 19,377 32,868 35,898 34,000 33,972 38,557 5302-Long Term Disability Insurance 7 16 940 1,162 1,161 1,014 5303-Life Insurance Premiums 178 333 358 338 338 331
5304-Workers Compensation Insurance 321 469 29,872 31,696 31,669 36,727 5305-Medicare Tax- Employer's Share 38 56 4,935 4,745 4,742 5,897 5306-Unfunded Accrued Liability 28,846 54,769 37,702 64,961 64,961 69,375 5307-Deferred Comp/Part-Time 2,388 - 2,511 152 152 655
5308-Deferred Compensation/Full-tim 74 59 9,298 8,070 8,070 10,591 5309-Unemployment Insurance 984 1,306 926 1,098 1,097 903 5310-Section 125 Benefit Allow. 45,133 66,885 65,448 71,212 71,212 80,538 Total 50-Salaries & Benefits $390,396 $484,334 $525,658 $535,820 $535,485 $644,601 53-Materials & Services
6402-Telephone & Fax Charges 2,914 5,996 2,958 3,864 3,858 3,858 6405-Copier Lease/Paper Charges 2,137 2,002 2,300 1,659 2,300 1,750 6411-Advertising/Bids and Notices 8,425 14,435 13,000 26,434 27,000 30,000 6414-Professional Dues 727 99 1,500 992 1,000 2,500
6415-Publications/Subscriptions 581 1,223 1,000 8 50 1,500 6416-Office Supplies/Expendable - 76 11,400 3,321 3,500 10,000 6418-Postage / Other Mailing Charge 1,676 1,714 3,000 3,458 3,500 4,000 6419-Food - - - - - 2,500
6440-Contracted Services 1,942 153,844 550,159 491,658 450,000 - 6451-Bank Service Charges 1,105 1,853 1,138 986 1,138 - 6530-Conference/Training/Ed 5,516 3,322 10,000 3,077 10,000 20,000 Total 53-Materials & Services $26,722 $187,888 $596,455 $522,693 $502,346 $76,108 54-Interfund Charges
6900-Interfund Chg Facility Maint. 11,155 11,359 11,155 11,155 11,155 11,155 6902-Interfund Chg Central Supply 228 152 228 152 200 - 6903-Interfund Chg Cost Distrib - 31,570 - - - 31,570
6918-Interfund Chg Comp Maint 26,236 25,772 26,236 26,236 26,236 22,643 6920-Interfund Chg Computer Replace 5,619 5,619 5,619 5,619 5,619 6,052 6924-Interfund Chg Motor Rental 1,047 - 800 800 800 857 Total 54-Interfund Charges $44,285 $74,472 $44,038 $43,962 $44,010 $72,277 60-Capital Outlay
6447-Cap/Master/Other Plan Updates 9 - - - - 300,000
Total 60-Capital Outlay $9 $0 $0 $0 $0 $300,000
63-Transfer Out
8200-Transfer Out - - - - - -
Total 63-Transfer Out $0 $0 $0 $0 $0 $0
Total Expenses $461,412 $746,694 $1,166,151 $1,102,475 $1,081,841 $1,092,986 Total 10204100-Planning Net Surplus/(Deficit) ($254,351) ($547,864) ($962,341) ($672,281) ($766,191) ($892,961) City of Madera | 2022/2023 Operating Budget 148
Planning
ATTACHMENT 3
Planning Department FY 2021/22 Operating Budget
(10204100)
Actual Actual Budgeted 11Mo Actual Projection Budgeted
2018/19 2019/20 2020/21 2020/21 2020/21 2021/22
33-Charges for Services
4231-Sale of Maps and Publications - - 100 - 100 50
4249-Zoning/Land Use/Annex Fees 226,972 208,287 200,000 199,613 200,000 200,000 Total 33-Charges for Services $226,972 $207,051 $200,100 $199,613 $200,100 $200,050 40-Interfund Charges
4344-Interfund Chg ProgMgt/ICR 3,548 - 3,548 - 3,548 -
Total 40-Interfund Charges $3,548 $0 $3,548 $0 $3,548 $0 48-Refunds
4657-Miscellaneous Revenue 10 10 - 1,345 1,345 3,760
Total 48-Refunds $10 $10 $0 $1,345 $1,345 $3,760
Total Revenues $230,530 $207,061 $203,648 $200,958 $204,993 $203,810 50-Salaries & Benefits
5000-Salaries / Full-Time 277,361 226,895 306,355 270,260 355,712 329,406 5100-Salaries / Overtime - 36 1,500 5,693 4,650 2,500
5105-Salaries - Leave Payout 2,594 19,187 - 3,604 3,604 5,864 5200-Salaries - Auto & Expense Allo 1,639 - - - - -
5300-Public Employees Retirement Sy - 253 41,760 32,707 41,760 35,898 5302-Long Term Disability Insurance - 7 717 805 717 940 5303-Life Insurance Premiums - 2 394 330 394 358
5304-Workers Compensation Insurance 28,774 24,880 33,799 28,598 33,799 29,872 5305-Medicare Tax- Employer's Share 4,397 3,792 5,159 4,148 5,159 4,935 5306-Unfunded Accrued Liability - 28,846 33,317 54,769 47,546 37,702 5307-Deferred Comp/Part-Time - 50 - - - 2,511
5308-Deferred Compensation/Full-tim - 74 6,829 7,060 6,829 9,298 5309-Unemployment Insurance - - 1,109 1,319 1,306 926
5310-Section 125 Benefit Allow. 66,476 45,133 48,275 65,092 55,641 65,448 Total 50-Salaries & Benefits $469,173 $390,396 $479,214 $474,385 $557,117 $525,658 53-Materials & Services
6402-Telephone & Fax Charges 2,532 2,914 2,600 5,574 5,108 2,958 6405-Copier Lease/Paper Charges 4,998 2,137 2,300 1,861 2,757 2,300 6411-Advertising/Bids and Notices 7,541 8,425 9,000 13,171 10,453 13,000 6414-Professional Dues - 727 1,500 - 1,500 1,500
6415-Publications/Subscriptions 374 581 600 1,223 1,203 1,000 6416-Office Supplies/Expendable - - 3,000 3,319 3,062 11,400 6418-Postage / Other Mailing Charge 2,159 1,676 4,000 821 4,000 3,000 6440-Contracted Services - 1,942 442,057 410,940 360,940 250,000 6451-Bank Service Charges 316 1,105 800 1,853 836 1,138 6530-Conference/Training/Ed 679 5,516 10,000 1,250 10,000 10,000 Total 53-Materials & Services $21,048 $26,722 $475,857 $440,012 $399,859 $296,296 54-Interfund Charges
6900-Interfund Chg Facility Maint. 11,359 11,155 11,359 11,359 11,359 11,155 6902-Interfund Chg Central Supply - 228 - 152 152 228
6918-Interfund Chg Comp Maint 25,772 26,236 25,772 25,772 25,772 26,236 6920-Interfund Chg Computer Replace 5,619 5,619 5,619 5,619 5,619 5,619 6924-Interfund Chg Motor Rental - 1,047 - - - 800
Total 54-Interfund Charges $42,750 $44,285 $42,750 $42,902 $42,902 $44,038 58-Special Payments
6570-Settlements 801,345 - - - - -
Total 58-Special Payments $801,345 $0 $0 $0 $0 $0
60-Capital Outlay
6447-Cap/Master/Other Plan Updates - 9 - - - -
Total 60-Capital Outlay $0 $9 $0 $0 $0 $0
194 City of Madera | 2021/2022 Operating Budget
Planning
(10204100)
Actual Actual Budgeted 11Mo Actual Projection Budgeted
2018/19 2019/20 2020/21 2020/21 2020/21 2021/22
63-Transfer Out
8200-Transfer Out - - - 31,570 - -
Total 63-Transfer Out $0 $0 $0 $31,570 $0 $0
Total Expenses $1,334,316 $461,412 $997,821 $988,869 $999,878 $865,992 Total 10204100-Planning Net Surplus/(Deficit) ($1,103,786) ($254,351) ($794,173) ($787,911) ($794,885) ($662,182) 2021/2022 Operating Budget | City of Madera 195
Planning

REPORT TO CITY COUNCIL
DATE: October 13, 2022
TO: Mayor and City Council Members
FROM: Will Tackett, Community Development Director
SUBJECT: Item D-2: Consideration of an Appropriation of Funds from the General Fund for Purposes of the Planning Department Personnel Support Contracted Services Account
For the October 19, 2022 Council meeting, staff is preparing a report requesting consideration of an appropriation of funds for purposes of the Planning Department personnel support Contracted Services Account. Due to a need to further review the fund amounts requested for the appropriation, additional time is needed, and the report will be delivered on Friday, October 14, 2022.

REPORT TO CITY COUNCIL
Approved by: Council Meeting of: October 19, 2022
_________________________________ Agenda Number: ___________ Joseph Hebert, Parks & Community Services Director
_________________________________
Arnoldo Rodriguez, City Manager
SUBJECT:

Lions Town & Country Park Trail Update
RECOMMENDATION:

This report is submitted to provide the City Council an informational update on the Lions Town & Country Park trail system conditions and rehabilitation plans and there is no action requested SUMMARY:

Lions Town & Country Park (LTC), bound by Howard Rd., S. Schnoor Ave., W. Industrial Ave., and S. Granada Dr. is the City’s largest park and consist of approximately 50 acres. One of the park’s amenities includes its trail system spanning over one mile. The Parks Maintenance division is responsible for the maintenance of the trail system at LTC, as well as all other trails in the City.

The LTC trail is in need of repairs. Specifically, the LTC trail is made up of decomposed granite (DG). This material is a common and popular material found across gardens, pathways, walking trails, etc., and can be compacted to create a beautiful, natural surface while remaining firm and permeable. Although DG is a common material, it also presents a series of issues over time. Some of these include the lack of solid surfacing DG can ultimately provide, especially with the amount of foot traffic the trail experiences. This means DG needs to be regularly refilled, as the DG shifts and rearranges from the activity it is privy to. Parks staff fully spread the DG at a minimum three times annually and patch in areas of concern as needed. Over time, loose DG easily erodes and becomes muddy when wet. This then results in uneven solid surfacing that can lead to potholes and poor drainage. This combination together results in wet, muddy areas of puddles in the potholes.

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It should be noted that a very small portion of the trail system on the south side of Industrial Avenue does consist of a mixture of concrete and some asphalt surfacing.

DISCUSSION:

To address the needed rehabilitation of the LTC trail, in 2020 staff began an estimate of probable construction costs for the trail, taking into consideration the desired end-results of the project.

Thisincluded such work needed as clearing and grubbing, subgrade preparation, install of asphalt concrete, striping, and earthwork excavation, to name a few. The engineer’s estimate of probable construction costs placed the project cost at $772,820. The project became tracked as Capital Improvement Project (CIP) PK-00071. However, funding for the project was, and remains, undetermined.

Given the undetermined funding for the project, the rehabilitation of the trail was placed on pause; although staff continuously seeks potential funding opportunities, such as grants.

Regardless of the lack of funding to rehabilitate the trail, Parks staff continued their regular maintenance on the trail, doing their best to upkeep a safe trail for the community.

To bring urgency back to the needed rehabilitation of the LTC trail, earlier this year, on April 17, 2022, staff submitted a funding allocation request through Congressman Jim Costa’s Office under the FY 2023 Transportation, Housing and Urban Development Appropriations Community Project for $850,000. The amount took into consideration the last project estimated cost was completed in 2020, and cost for materials, labor, etc., have increased since then. At the time of writing this report, staff has not been notified if requested funding has been awarded.

In addition, discussions on available internal funding have been ongoing, precisely to the possibility of utilizing development fees funding. Specifically, discussions around the possibility of utilizing Development Impact Fees (DIF) funding, after committed DIF funds have been accounted, utilizing the balance to cover additional projects like the rehabilitation of the LTC trail.

DIF funding stems from “a monetary exaction other than a tax or special assessment, which is charged by a local governmental agency to an applicant in connection with approval of a development project.” This means, as local developers apply for construction of residential subdivisions, the city can require the dedication of land for parks or that the developer pay fees in lieu of land dedication as part of the Quimby Act. Any impact fees collected can be used to pay for park land, park improvements, community centers, recreation facilities, trails, open space, etc. As of writing of this report, the City’s DIF funds include a balance of $3,833,155.62. It should be noted this includes committed funds for new park construction, as recent developers have opted to donate land versus paying fees in lieu of. The table below provides a summary of the City’s DIF funding amount and the amount committed to fund projects, which include several new parks:

Table 1: Development Impact Fees Balance Breakdown Chart Project Inventory Comments Amount*
Sunrise Rotary Sports
Complex
Funds committed as match for the completion of
landscaping and irrigation, as part of the Affordable
Housing and Sustainable Communities Program.
$150,000
India Park Funds committed for demolishing of building on site, one well and two septic systems, as part of the
contract with MAG Engineering, Inc.
$91,913
Almond Park Funds committed for the construction of the City’s newest completed park located in the Joe Crown
subdivision near Stadium Road and Almond Avenue.
$658,341
Tozer/Sunrise Park Funds committed for the construction of a park to be in the Joe Crown subdivision near Tozer 28 and
Sunrise Avenue.

Note that staff is anticipating applying for a grant to add amenities to this park. The grant requires a 50
percent local match. Regardless of the status of the
grant, the City previously committed to constructing
this park as part of the subdivision.
$790,353
Rancho Santa Fe Park Funds committed for the construction of a park to be in the KB Homes subdivision near Cleveland Avenue
and Encantada Avenue.
$1,068,435
Pecan Square Park Funds committed for the construction of a park to be in the DR Horton subdivision near Pecan Avenue and
S. Madera Avenue.
$286,081
Total Committed Funds $3,045,124
Total DIF Funding $3,833,156
Balance $788,032
*All figures rounded to the nearest dollar. Totals may not add up due to rounding.

With the total DIF funding available as of writing of this report set at $3,833,155.62, and the committed funds totaling $3,045,123.96, this leaves a remaining balance of $788,031.66 in DIF funds. This does not account for additional impact fees to be collected in the future.

Staff has initiated plans to apply for the Outdoor Recreation Legacy Partnership (ORLP) Program grant opportunity. The grant opportunity does require several eligibility criteria and requirements such as the project site being in a census tract with certain poverty levels, committed funding for match purposes, type of project, number of recreation features proposed, and recreation priorities. Staff plans to submit the Tozer/Sunrise Park Site as the proposed project, for which the site meets census tract poverty levels. Staff hopes to submit a competitive grant for the new park development and be able to minimize the amount of committed DIF funds towards this park, thus increasing the available DIF funds balance, and in turn consider utilizing DIF funds to cover the full rehabilitation of the LTC trail. The ORLP grant is due December 15, 2022, with award notification planned for January 2023.

FINANCIAL IMPACT:

No financial impact associated with the presentation of this informational report.

CONSISTENCY WITH THE VISION MADERA 2025 PLAN:
• Strategy #113: Promote greater accessibility of City facilities and services to meet the needs of various cultural, socioeconomic and disabled groups. • Strategy # 202: Develop/expand and promote community gathering places that reflect the multicultural community in Madera.
• Strategy #411: Enhance and expand recreational activities available in Madera.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

None

Round 6 State of California Outdoor Recreation Legacy Partnership Program RECOMMENDATION:

This report is submitted as an informational report on the Round 6 State of California Outdoor Recreation Legacy Partnership Program funding opportunity. Staff intends to apply for funding for a future park near Tozer Street, north of Sunrise Avenue SUMMARY:

The Outdoor Recreation Legacy Partnership (ORLP) is a federal National Park Service (NPS) grant program. ORLP involves two competitive layers. Applications are first competitively reviewed by California’s Department of Parks and Recreation. Applications selected by the state are then forwarded to National Park Service to compete in the nationwide competition.

On July 29, 2022, National Park Service released their Notice of Funding Opportunity (NOFO) for Round 6. National Park Service established two application opportunities through Round 6, named Round 6A and 6B. States are required to conduct an internal competitive review process and select applications that best meet the ORLP intent, based on the federal guidelines, prior to submitting applications to National Park Service for the nationwide competition. As such, California has established two initial application deadlines: Round 6A – September 1, 2022, and Round 6B – December 15, 2022.

ORLP focuses on communities with little to no access to publicly available, close-by, outdoor recreation opportunities in urban areas. ORLP funds the acquisition or development of new parks, or substantially renovate parks in economically disadvantaged cities or towns of at least 30,000 people.

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DISCUSSION
With the Round 6A deadline passed, staff plans to apply for this funding opportunity meeting the deadline of December 15, 2022. The grant funding has several eligibility screenings factors that include:

1. Completion of Section 106 and NEPA

2. Project Site Location in City/Town with at least 30,000 people

3. Committed Funds

4. Timeline Confirmation

5. Confirmation of Land Ownership for Public Outdoor Recreation in Perpetuity As well as a project selection criterion as follows:
• Criteria 1: Poverty Level and Park Space
o 1.A – Percentage of Persons Below the Poverty Line
o 1.B – Existing Park Space within a Half-Mile Radius
• Criteria 2: Type of Project
o 2.A – Type of Project
o 2.B – New Outdoor Recreation Features
o 2.C – Green Space
• Criteria 3: SCORP Priorities
For Round 6B, applications are due December 15, 2022. California’s ORLP Team will conduct its internal competitive review process. Applications will be selected by February 2023.

From February 2023 through May 2023, applicants with the most competitive applications will receive guidance from California’s ORLP Team in consultation with NPS on how to complete the full federal application. NPS requires that all states submit their selected applications for the national competition by NPS’ May 31, 2023 deadline. NPS review committee’s estimated award date is January 1, 2024. Applicants should plan to complete their projects by Fall 2026.

Staff plans to submit an application for the new park to be located in the new Iveywood I Subdivision off Tozer/Road 28 and Sunrise Avenue. Currently the park is set to be paid for by Development Impact Fees (DIF) funds, with an estimated cost of $790,352.64. The ORLP funding opportunity does have a 50% match requirement. If awarded, the funding would alleviate the DIF funds the City would be committed to pay, as OLRP funding could help pay for 50% of the total project cost.

FINANCIAL IMPACT:

An anticipated financial impact is associated with the completion of the grant application environmental review requirements. Staff has begun consultation with QK, Inc. for their assistance. The City has a current Professional Services Agreement, not to exceed $50,000, for professional planning and environmental review services agreement with QK, Inc.

The Parks & Community Services Department FY 2022-23 approved budget, #10206000, did account $15,000 for consultant services that may be used to offset the cost of applying for this grant opportunity.

ALTERNATIVES:

This report is for informational purposes only.

ATTACHMENTS:

1. Iveywood I Tract Map with Proposed Park Location

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Madera City CouncilOctober 19, 2022

Madera City Council
October 19, 2022