Agenda packet — McFarland City Council, October 23, 2024 (part 2 of 2)

RFQ for Architectural Services
Police Station

3. Consultant Information, Qualifications &Experience
The City will only consider submittals from Consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects within the past five (5) years which include the following information:

1. Contracting City

2. Contracting City Project Manager

3. Contracting City contact information

4. Contract amount

5. Funding source

6. Date of contract

7. Date of completion

8. Consultant Project Manager and contact information

9. Project Objective

10. Project Description

11. Project Outcome

4. Scope of Work

1. Include a detailed Scope of Work Statement describing all services to be provided.

2. Describe project deliverables for each phase of your work.

3. Describe your cost control and budgeting methodology for this project.

5. Certificates ofInsurance
A statement of proposer's current insurance coverage signed by a company official. Do not submit a certificate of insurance in lieu of this statement. The City requires a minimum of One Million Dollars ($1,000,000) Professional Liability Insurance, and General Liability Insurance; One Million Dollars ($1,000,000) Automobile Liability Insurance, and Workers' Compensation Insurance. If the current coverage does not meet the City's minimum requirements, a statement of proposer's ability and intent to obtain the required coverage must be included.

6. Conflict of Interest Statement
Include a statement describing any potential or known conflict of interest regarding this proposal and/or the City of McFarland, or affirm that you do not have a conflict of interest.

Throughout the term of the awarded contract, any person, firm or subsidiary thereof who may provide, has provided or is currently providing Design/Engineering Services under a contractual relationship with a construction contractor(s) on any local project listed in this Scope of Work must disclose the contractual relationship, the dates and the nature of the services. The prime consultant and its subconsultants shall also disclose any financial or business relationship with the construction contractor(s).

In addition to the disclosures, the Consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.

The Consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the City’s projects’ listed in this Scope of Work. The submitted documentation will be used for determining potential conflicts of interest.

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RFQ for Architectural Services
Police Station

7. Litigation
Indicate if the proposing Consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.

8. Contract Agreement
Indicate if the proposing Consultant has any issues or needed changes to the proposed contract agreement included as Attachment 2.

The Consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.

A contract will not be awarded to a consultant without an adequate financial management and accounting system.

B. Submission Instructions
Proposers responding to this RFQ must include in their submittal package the following items:
• Three (3) hard copies of the firm's SOQ;
• One (1) electronic copy in PDF format of the original document, except the cost proposal, on a USB Flash Drive containing one PDF file of the full response that is clearly labeled with the firm’s name.
• PROPOSER's ACKNOWLEDGEMENT of the draft contract agreement (Attachment 2).

The above submittal items must be placed into a sealed envelope bearing proposer's name and the words:

RFQ – Architectural Services – New Police Station - City of McFarland The submittal package must be delivered to:

City of McFarland
Yerlys Hernandez, Public
Works Director
401 W. Kern Avenue
McFarland, CA 9325
The above submittals can be mailed or hand delivered but regardless of the postmark date, must be received by the City by 2:00 PM July 10, 2024. Electronic transmissions either by fax or email will NOT be accepted.

The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the proposer's responsibility to meet the deadline stated above.

Submittals which do not contain the requisite number of copies and all the information requested in the RFQ may be considered non-responsive and rejected without evaluation.

Submittals received after the deadline or at the wrong location will be considered non-responsive.

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RFQ for Architectural Services
Police Station
SECTION 4. QUALIFICATIONS EVALUATION PROCESS AND CRITERIA A. Evaluation Process
All submittals will be evaluated by the City of McFarland Selection Committee. The Committee may be composed of City’s staff and other parties that may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the Public Works Director only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of proposer.

The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFQ. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City’s requirements as set forth in this RFQ.

The selection process may include oral interviews. The consultant will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted.

Upon completion of the evaluation and selection process, only the cost proposal from the most qualified consultant will be opened to begin cost negotiations. If agreement cannot be reached, then negotiation proceeds to the next most qualified consultant. All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.

B. Evaluation Criteria
The City will evaluate the submissions received based on criteria including the following:

1. Professional experience of the firm in relation to the work to be performed;

2. Professional experience of the principals to be assigned to the Project;

3. Experience and training of key personnel;

4. Demonstrated ability to prepare accurate estimates and to design projects within a stipulated budget;

5. Nature and quality of recently completed work, especially if a re-use of plans is proposed;

6. Reliability, continuity and location of the firm and sub-consultants;

7. Availability of the proposed team members;

8. Previous references relative to projects of similar size and function;

9. Display of understanding of the Project scope and requirements;

10. Knowledge of applicable federal, state and local codes;

11. Familiarity in compliance with disabled veteran business enterprise requirements;

12. Any other consideration deemed relevant

13. Experience with Modular Design/Construction is Highly Desirable.

SECTION 5. PROTEST PROCESS
If a proposer desires to protest the selection decision, the proposer must submit by facsimile or email a written protest within five (5) business days after the delivery of the decision notice. The written protest should be submitted to the Public Works Director as outlined below. Protests received after the deadline will not be accepted. Protests must be in writing, must include the name and

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RFQ for Architectural Services
Police Station
address of the proposer and must state the specific reason(s) for the protest. A protest that merely addresses a single aspect of the selected proposal (for example, comparing the cost of the selected proposal in relation to the non--‐selected proposal) is not sufficient to support a protest. A successful protest will include sufficient evidence and analysis to support a conclusion that the selected proposal, taken as a whole, is an inferior proposal.

The Public Works Director will respond to a protest within ten (10) business days of receipt, and City representatives may, at its election, set up a meeting with the proposer to discuss the concerns raised by the protest. The decision of the City representatives will be final. The protest letter may be Emailed to:

Yerlys Hernandez, Public Works Director
[email protected]
SECTION 6. CONFIDENTIALITY OF RESPONSES
While the City cannot guarantee the confidentiality of information submitted by the City, it will make reasonable efforts to protect the information to the extent possible, as permitted by law. If sensitive information, such as personal financial statements, is necessary for support of capacity of Proposer, contact the City for further direction.

SECTION 7. CONTRACT DOCUMENTS
A sample copy of the City's CONSULTANT CONTRACT is included with this RFQ as Attachment 2.

Please review the agreement carefully. This is the contract the CONSULTANT will be expected to execute without alteration. If any changes are desired, the firm must submit a copy of the requested modifications to the City for approval at least ten (10) calendar days prior to the date that RFQs are due. If approved, the City will then issue the changes to all prospective PROPOSERs prior to the due date.

SECTION 8. MISCELLANEOUS INFORMATION
A. Issuance of this RFQ does not constitute a commitment by the City to award a contract, to pay any costs incurred in the preparation of a proposal for this request, or to procure or contract for services.

B. The City reserves the right to reject any or all proposals received in response to this RFQ, or to cancel this RFQ if it is in the best interest of the City to doso.

C. The City will select only one Professional firm to carry out the work described in this RFQ.

D. The firm submitting a proposal agrees that by submitting a proposal it authorizes the City to verify any or all information and/or references given in the proposal.

E. The City reserves the right to approve all subcontractors proposed by the primary contractor.

F. The prospective Consultant is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the City of McFarland.

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RFQ for Architectural Services
Police Station
G. The City reserves the right, after contract award, to amend the resulting contract as needed throughout the term of the contract to best meet the needs of all parties.

H. No appeals will be heard for late proposals.

I. Proposers will be required to provide proof of professional liability insurance and an errors and omissions policy to meet City requirements.

J. All information, materials, and documents discovered or developed/produced for this project by Proposer will become the property of the City.

K. Proposer must be licensed to practice Architecture in the State of California, and must not be listed on State debarment lists.

L. Proposers will be responsible for adherence to the City’s Economic Opportunities Plan and Davis Bacon Act wage rates if applicable.

M. The City is dedicated to the principles of equal employment opportunity in any term, condition or privilege of employment or contracting. We do not discriminate on the basis of age, race, sex, color, religion, national origin, disability, veteran status, sexual orientation, gender identity, or any other status protected by state or local law. This policy applies to all employees and non-employees such as customers, clients, vendors, contractors, subcontractor’s consultants.

A. Title VI of the Civil Rights Act of 1964 – disadvantage business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

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RFQ for Architectural Services
Police Station
SECTION 9. ATTACHMENTS TO THIS RFQ.

The following documents are attachments to this RFQ:

Attachment 1: Conceptual Design
Attachment 2: Sample Consultant Contract Agreement

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CONCEPT DESIGN DATE: 02.08.2024 Mc FARLAND POLICE STATION PROJECT NUMBER: 589.2301.10 Mc FARLAND, CA. 93250 RED Architectural Group DESIGN ARCHITECTURE PLANNING 3436 N. VERDUGO ROAD, SUITE 200, GLENDALE, CA 91208 P 818.957.7765 www.red-arch.com 16842 Von Karman Ave. Suite 150, Irvine, CA 92606 Cannon ATTACHMENT 1

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TAYLOR AVE.

MAST AVE.

X X X
X

CONCEPT SITE PLAN
DATE: 02.21.2024 Mc FARLAND POLICE STATION
PROJECT NUMBER: 589.2301.10 Mc FARLAND, CA. 93250 Architectural Group RED

DESIGN ARCHITECTURE PLANNING
3436 N. VERDUGO ROAD, SUITE 200, GLENDALE, CA 91208
P 818 957 7765 www red-arch com
NORTH
16842 Von Karman Ave.

Suite 150, Irvine, CA 92606
Cannon
A-1

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±
±

EXIT EXIT
EXIT
EXIT
EXIT

X X X X X
DATE: 02.21.2024
NORTH
PROJECT NUMBER: 589.2301.01 Architectural Group
RED

DESIGN ARCHITECTURE PLANNING
3436 N. VERDUGO ROAD, SUITE 200, GLENDALE, CA 91208
P 818.957.7765 www.red-arch.com
McFARLAND POLICE STATION
McFARLAND, CA 93250
CONCEPT FLOOR PLAN A-2
Cannon
16842 Von Karman Ave. Suite150
Irvine, California, 92606
14,642 S.F. POLICE FACILITY
1,487 S.F. SALLY - PORT16,129 S.F. TOTAL

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McFARLAND POLICE STATION McFARLAND POLICE STATION 2 TAYLOR AVE. - SOUTH ELEVATION 1 MAST AVE. - WEST ELEVATION McFARLAND POLICE STATION PROJECT NUMBER: 589.2301.01 McFARLAND, CA 93250 Architectural Group RED DESIGN ARCHITECTURE PLANNING 3436 N. VERDUGO ROAD, SUITE 200, GLENDALE, CA 91208 DATE: 02.21.2024 Cannon 16842 Von Karman Ave. Suite150 Irvine, California, 92606 CONCEPT EXTERIOR ELEVATIONS A-3

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McFARLAND POLICE STATION PROJECT NUMBER: 589.2301.01 McFARLAND, CA 93250 Architectural Group RED DESIGN ARCHITECTURE PLANNING 3436 N. VERDUGO ROAD, SUITE 200, GLENDALE, CA 91208 P 818.957.7765 www.red-arch.com DATE: 02.21.2024 Cannon 16842 Von Karman Ave. Suite150 Irvine, California, 92606 2 NORTH ELEVATION 1 EAST ELEVATION CONCEPT EXTERIOR ELEVATIONS A-4

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
AGREEMENT FOR _____________________________

CONSULTANT SERVICES

BETWEEN

CITY OF MCFARLAND, CALIFORNIA,
AND

NAME OF CONSULTANT
THIS AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the CITY OF MCFARLAND (the "City") and ________________________, (“Consultant”).

RECITALS
The City requires outside assistance to provide the following services:
____________________________________
WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being duly qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise;
WHEREAS, Consultant will render such professional services, as hereinafter defined, on the following terms and conditions;
NOW THEREFORE, in consideration of these recitals, and the mutual covenants contained herein, the City and Consultant agree as follows:

AGREEMENT

1. TERM OF AGREEMENT.

1.1. This Agreement shall be effective on and from the day, month and year of the execution of this document by the City.

1.2. Consultant shall commence the performance of the services in accordance with the Scope of Work section provided in Attachment “A” to this Agreement and shall continue such services until all tasks to be performed are completed, or this Agreement is otherwise terminated. Consultant shall complete the services and provide final data and reports no later than _____________, unless an extension of time is mutually agreed to by both parties in writing.

2. CONSULTANT'S OBLIGATIONS- SCOPE OF WORK (ATTACHMENT A).

ATTACHMENT 2

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

2.1. Consultant shall provide the City with the following services: The specific manner in which the services are to be performed is described in Attachment “A” which is attached hereto and incorporated herein as though fully set forth at length, collectively hereinafter referred to as “Described Services.”

2.2. Consultant shall perform all work required to accomplish the Described Services in conformity with applicable requirements of Federal, State and Local law.

2.3. Consultant is hired to render the Described Services and any payments made to Consultant are compensation fully for such services.

2.4. Consultant shall maintain professional certifications as required to properly comply with all City, State, and Federal law.

2.5. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. If the City, in good faith, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.

2.6. If a license or certification of any kind is required of Consultant, its employees, agents, or subcontractors by federal, state or law and regulation, Consultant warrants that such license has been obtained, is valid and in good standing, and shall keep in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

2.7. Consultant shall provide the City with timely written reports of all significant developments or delays arising during performance of its services.

3. PAYMENT FOR SERVICES (ATTACHMENT B).

3.1. Payment to Consultant to perform its Scope of Work is set forth in Attachment B, attached hereto and incorporated herein. The payments provided in this Section are full compensation for the Scope of Work as described in Attachment A.

3.2. Consultant shall submit monthly bills to the City, describing its services and costs provided during the previous month, based upon percentage of task completed. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant's monthly bills shall include the following information to which such services or costs pertain:
- a description of services performed;
- the date the services were performed;
- the number of hours spent and by whom;
- a description of all costs incurred, and the Consultant's signature.

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Consultant agrees to use every appropriate method to contain fees and costs under this Agreement. Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.

3.3. The amount set forth in Attachment B may be modified or amended only by a written document executed by both Consultant and authorized City representative prior to the performance of the additional work. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.

4. SUBCONTRACTING.

4.1. Consultant will not subcontract any portion of its Scope of Work without prior written approval of City. If Consultant subcontracts for any of the work to be performed under this Agreement, Consultant shall be as fully responsible to the City for the acts and omissions of Consultant’s subcontractors/subconsultants and for the persons either directly or indirectly employed by the subcontractors/subconsultants, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor/subconsultant of Consultant and the City. Consultant will be responsible for payment of subcontractors/subconsultants. Consultant shall bind every subcontractor/sub-consultant to the terms of the Agreement applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the City. Consultant agrees that the City is an intended thirdparty beneficiary of any services agreement entered into between Consultant and any subcontractor or sub-consultant.

5. PROJECT SCHEDULE AND COMPLETION DATE (ATTACHMENT C).

5.1. Attachment C is the project schedule that Consultant shall strictly meet, including benchmark dates and completion date, which is attached hereto and incorporated herein.

Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with the schedule specified herein. In the performance of this Agreement, time is of the essence.

5.2. Consultant shall promptly notify the City of any anticipated or unforeseen delays to the project schedule. Extensions to the project schedule and to this Agreement shall not be made without the prior written approval of the City. All requests for extensions to the project schedule shall be by written request only and submitted to the City prior to the commencement of such work.

6. CHANGES IN WORK AND EXTRA WORK. Consultant shall not change the scope or duration of work or perform work in excess of the Scope of Work without the prior, written approval of the City by an executed Change Order, describing in detail the revision to Scope of Work, revisions in payment and/or time, fully executed by both parties. Failure to obtain a Change Order prior to the commencement of any revision waives Contractor’s right to payment for such additional services.

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

7. RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY. City designates ____________, its _________, to represent the City in all matters within the scope of this Contract relating to the conduct and approval of the work to be performed.

Whenever the term “approval of City,” “consult with City,” “confer with City,” or similar terms are used, they shall refer to the __________. The _________ may designate an assistant to act in his/her stead.

The CITY shall furnish upon request, without charge, all standard plans and specifications and any other information which the City now has in its files that may be of use to Consultant.

8. VERBAL AGREEMENT OR CONVERSATION. No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle Consultant to any additional payment whatsoever.

9. TERMINATION OF AGREEMENT.

City shall pay Consultant its reasonable and allowable costs through the effective date of termination and those reasonable and necessary costs incurred by Consultant to effect the termination. Thereafter, Consultant shall have no further claims against City under this Contract. All finished and unfinished documents and materials procured for or produced under this Contract, including all intellectual property rights City is entitled to, shall become City property upon the date of the termination. Consultant agrees to execute any documents necessary for City to perfect, memorialize, or record City’s ownership of rights provided herein.

9.2. Termination for Breach of Contract.

9.2.1. Except as provided in Attachment “C”, if Consultant fails to perform any of the provisions of this Contract or so fails to make progress as to endanger timely performance of this Contract, City may give Consultant written notice of the default.

City’s default notice will indicate whether the default may be cured and the time period to cure the default to the sole satisfaction of City. Additionally, City’s default notice may offer Consultant an opportunity to provide City with a plan to cure the default, which shall be submitted to City within the time period allowed by City. At City’s sole discretion, City may accept or reject Consultant’s plan. If the default cannot be cured or if Consultant fails to cure within the period allowed by City, then City may terminate this Contract due to Consultant’s breach of this Contract.

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
and (2) notify its employees and Subconsultants of the loss of insurance coverage and Consultant’s obligation to suspend performance of services. Consultant shall not recommence performance until Consultant is fully insured and in compliance with City’s requirements.

9.2.3. If a federal or state proceeding for relief of debtors is undertaken by or against Consultant, or if Consultant makes an assignment for the benefit of creditors, then City may immediately terminate this Contract.

9.2.4. If Consultant engages in any dishonest conduct related to the performance or administration of this Contract or violates City’s laws, regulations or policies relating to lobbying, then City may immediately terminate this Contract.

9.2.5. Acts of Moral Turpitude.
a. Consultant shall immediately notify City if Consultant T or any Key Person, as defined below, is charged with, indicted for, convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, any act which constitutes an offense involving moral turpitude under federal, state, or local laws (“Act of Moral Turpitude”). b. If Consultant or a Key Person is convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, an Act of Moral Turpitude, City may immediately terminate this Contract. c. If Consultant or a Key Person is charged with or indicted for an Act of Moral Turpitude, City may terminate this Contract after providing Consultant an opportunity to present evidence of Consultant’s ability to perform under the terms of this Contract.
d. Acts of Moral Turpitude include, but are not limited to: violent felonies as defined by Penal Code Section 667.5, crimes involving weapons, crimes resulting in serious bodily injury or death, serious felonies as defined by Penal Code Section 1192.7, and those crimes referenced in the Penal Code and articulated in California Public Resources Code Section 5164(a)(2); in addition to and including acts of murder, rape, sexual assault, robbery, kidnapping, human trafficking, pimping, voluntary manslaughter, aggravated assault, assault on a peace officer, mayhem, fraud, domestic abuse, elderly abuse, and child abuse, regardless of whether such acts are punishable by felony or misdemeanor conviction.
e. For the purposes of this provision, a Key Person is a principal, officer, or employee assigned to this Contract, or owner (directly or indirectly, through one or more intermediaries) of ten percent or more of the voting power or equity interests of Consultant.

9.2.6. In the event City terminates this Contract as provided in this section, City may procure, upon such terms and in the manner as City may deem appropriate, services similar in scope and level of effort to those so terminated, and Consultant shall be liable to City for all of its costs and damages, including, but not limited to, any excess costs for such services.

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9.2.7. If, after notice of termination of this Contract under the provisions of this section, it is determined for any reason that Consultant was not in default under the provisions of this section, or that the default was excusable under the terms of this Contract, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Article 8 Termination for Convenience.

9.2.8. The rights and remedies of City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

9.3. In the event that this Contract is terminated, Consultant shall immediately notify all employees and Subconsultants, and shall notify in writing all other parties contracted with under the terms of this Contract within five (5) working days of the termination.

10. COVENANTS AGAINST CONTINGENT FEES. Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability or, at the City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

11. OWNERSHIP OF DOCUMENTS.

11.1. All computer data, computer drawing files, plans, studies, sketches, drawings, reports, specifications, and all work product produced by Consultant under this Agreement are the property of the City, whether or not the City completes the Scope of Work or proceeds with the project for which such documents are prepared.

11.2. This Agreement creates a nonexclusive and perpetual right or license for City to copy, use, modify, reuse, and sublicense any and all copyrights, designs, and other intellectual property embodied in the writings prepared by Consultant, and Consultant subcontractors, under this Agreement. In the event the City should ever desire to undertake a project or review other proposed projects based upon the documents, the Consultant agrees that the City shall have the right to reuse all or any portion of the documents at no additional compensation to the Consultant.

12. INDEPENDENT CONTRACTOR.

12.1. The Consultant shall perform the services provided for herein in a manner of Consultant's own choice, as an independent Contract and in pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the Project.

12.2. If the Consultant subcontracts any of the work to be performed under this Agreement pursuant to the terms of this Agreement, Consultant shall be as fully responsible to the City or the acts and omissions of the Consultant's subcontractor and of

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the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontract by the terms of the Agreement applicable to Consultant's work, including indemnity and insurance requirements.

13. HOLD HARMLESS AND INDEMNIFICATION.

13.1. Indemnification - It is understood and agreed that Consultant has the professional skills, experience, and knowledge necessary to perform the work agreed to be performed under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant's work in a skillful and professional manner, and Consultant thus agrees to so perform the work.

13.2. Acceptance by City of the work performed under this Agreement does not operate as a release of said Consultant from such professional responsibility for the work performed. It is further understood and agreed that Consultant is apprised of the scope of the work to be performed under this Agreement and Consultant agrees that said work can and shall be performed in a fully competent manner.

13.3. Consistent with California Civil Code section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, immediately defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against all claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, subcontractors, subconsultants or agents during the performance this Agreement, or from any violation of any federal, state, or municipal law or ordinance to the extent caused, in whole or in part, by the negligence, reckless, or willful misconduct of Consultant or its employees, subcontractors, or agents, or by the quality or character of Consultant’s work, excepting only liability arising from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers.

13.4. Other than in the performance of professional services by a design professional, which law shall be solely as addressed in subparagraph 12.3 above, and to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against any claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of the performance of this Agreement by Consultant, its officers, employees, agents, subcontractors and subconsultants, excepting only that resulting from the sole

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negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.

13.5. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

14. ASSIGNMENT OF AGREEMENT. Consultant is without right to and shall not assign this Agreement or any part thereof or any monies due hereunder without the prior written consent of the City.

15. INSURANCE.

15.1. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement (including all extensions provided), and provide proof thereof that is acceptable to the City the insurance specified in subsections (A) through (F) below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. The Certificate of Insurance shall clearly identify the project name and number in the space labeled “Description of Operations/Locations/Special Items” on the form.

A. Commercial General and Automobile Liability. Consultant, at Consultant's own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and nonowned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 Code 1 (any auto).

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Each of the following shall be included in the insurance coverage or added as an additional insured endorsement to the policy: City, its officers, employees, agents, and volunteers are to be covered as insured’s as respects each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. In the event that Consultant purchases automobiles during the term of this Agreement, said automobiles shall be likewise covered. The coverage shall contain no special An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.

Insurance is to be placed with California-admitted insurers with a Best's rating of no less than A:VII.

B. Professional Liability. Consultant shall obtain, and during the term of this Agreement shall maintain, a policy of professional liability insurance that shall:
i. Be from an insurance company authorized to be in business in the State of California;
ii. Be in an insurable amount of not less than $1,000,000 for each occurrence; and
iii. Provide that the policy shall remain in full force during the full term of this Agreement and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the City from the insurance company.

C. Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability insurance for any and all persons employed directly or indirectly by Consultant shall be provided with limits not less than one million dollars. In the alternative, Consultant may rely on a self-insurance program to meet these requirements so long as the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City for loss arising from work performed under this Agreement.

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respect to City, its officers, employees, agents, and volunteers. The City may condition approval of an increase in deductible or self-insured retention levels upon a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

E. Notice of Reduction in Coverage. In the event that any coverage required under subsections (A), (B), or (C) of this section of the Agreement is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five day after Consultant is notified of the change in coverage.

F. Other Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
i. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ii. Order Consultant to stop work under this Agreement or withhold any payment which becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof;
iii. Terminate this Agreement.
iv. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Consultant's failure to maintain insurance or secure appropriate endorsements.

16. DISPUTES.

16.1. If a dispute should arise regarding the performance of this Agreement, the following initial dispute resolution procedures shall be used:

A. Within twenty (20) City working days after a dispute regarding the performance of this Agreement arises, it shall be reduced to writing at staff level by the complaining party setting forth the nature of the dispute in detail, along with all pertinent back up documentation in support. The writing shall be delivered to the receiving party by first class mail or personal delivery directly to the party’s project manager, along with recommended methods of resolution.

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B. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, if any, within ten (10) City working days of receipt of the letter.

16.2. If the dispute is not resolved at staff level in accordance with Section 16.1, within five (5) City working days of the receiving party response (or longer if agreed between the parties) , the aggrieved party, through its respective project manager shall deliver to the General Manager’s office a letter outlining the dispute for the General Manager’s review. The receiving party may submit further response, if required, to the General Manager within five (5) City working days thereafter. The General Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussions or rejection of the dispute within fifteen (15) working days of receipt of the complaint.

This provision does not relieve Consultant of its obligation and Consultant is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City.

17. CONFLICT OF INTEREST. Contractor warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090. If any principal provider of services is a "consultant" for the purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement.

18. CONSULTANT’S BOOKS AND RECORDS.

18.1. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant.

18.2. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

18.3. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business

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hours, upon written request by the City General Counsel, City Auditor, General Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.

18.4. City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in the General Manager's office. Access to such records and documents shall be granted to any party authorized by Consultant’s representatives, or Consultant’s successor in interest.

19. WRITTEN NOTIFICATION. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of McFarland
Attn: City Manager
401 W. Kern Avenue
McFarland, CA 93250
If to Consultant: (Insert Contact Information)
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.

20. GENERAL PROVISIONS.

20.1. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20.2. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

20.3. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Kern.

20.4. Time is of the essence with regard to each covenant, condition and provision of this Agreement.

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20.5. This Agreement constitutes the entire agreement between the parties with regard to the subject matter herein and supersedes any prior oral and written agreements and understandings between the parties with respect thereto.

20.6. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.

20.7. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.

20.8. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.

20.9. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Consultant shall not assign this Agreement or any part thereof to any other entity or individual.

20.10. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.

20.11. All references to a statute or ordinance, shall incorporate any, or all, successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to the Developer under this Agreement.

21. CONSULTANT'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Agreement.

22. ACCESS AND ACCOMMODATIONS

22.1. Consultant shall comply with the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C.

Section 701 et seq., the Fair Housing Act, and its implementing regulations and any subsequent amendments, and California Government Code Section 11135;

22.2. Consultant shall not discriminate on the basis of disability or on the basis of a person’s relationship to, or association with, a person who has a disability;

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22.3. Consultant shall provide reasonable accommodation upon request to ensure equal access to CITY-funded programs, services and activities;

22.4. Construction, if any, will be performed in accordance with the Uniform Federal Accessibility Standards (UFAS), 24 C.F.R. Part 40; and

22.5. The buildings and facilities used to provide services under this Contract are in compliance with the federal and state standards for accessibility as set forth in the 2010 ADA Standards, California Title 24, Chapter 11, or other applicable federal and state law.

Consultant understands that City is relying upon these certifications and representations as a condition to funding this Contract. Any subcontract entered into by Consultant for work to be performed under this Contract must include an identical provision. [Signature Page Follows]

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IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement on the day and year written below.

CITY CONSULTANT*

CITY OF MCFARLAND,
a municipal corporation
By: __________________________
Name: ________________________
Title: _________________________

Dated: _______________, 202__
ATTEST:

Francisca Alvarado,
City Clerk
Insert Name
Insert Entity Type
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
*Signatures of consultant must be notarized. Need
two signatures if contractor is a corporation.

Attach acknowledgement
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges,
City Attorney

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“ATTACHMENT “A”
Scope of Work

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ATTACHMENT “B”
Payment for Services
Once an invoice is submitted and approved by the City, City payment will be made within 30 days of approval. The payment provided is full compensation for the DESCRIBED SERVICES (Attach Progress Payment Schedule)

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ATTACHMENT “C”
Project Schedule and Completion Date

INSERT PROJECT SCHEDULE
Neither party shall be liable for its delay or failure to perform any obligation under and in accordance with this Contract, if the delay or failure arises out of fires, floods, earthquakes, epidemics, quarantine restrictions, other natural occurrences, strikes, lockouts (other than a lockout by the party or any of the party’s Subconsultants), freight embargoes, terrorist acts, insurrections or other civil disturbances, or other similar events to those described above, but in each case the delay or failure to perform must be beyond the control and without any fault or negligence of the party delayed or failing to perform (these events are referred to in this provision as "Force Majeure Events").

Notwithstanding the foregoing, a delay or failure to perform by a Subconsultant of Consultant shall not constitute a Force Majeure Event, unless the delay or failure arises out of causes beyond the control of both Consultant and Subconsultant, and without any fault or negligence of either of them. In such case, Consultant shall not be liable for the delay or failure to perform, unless the goods or services to be furnished by the Subconsultant were obtainable from other sources in sufficient time to permit Consultant to perform timely. As used in this Contract, the term “Subconsultant” means a subconsultant at any tier. In the event Consultant’s delay or failure to perform arises out of a Force Majeure Event, Consultant agrees to use commercially reasonable best efforts to obtain the goods or services from other sources, and to otherwise mitigate the damages and reduce the delay caused by the Force Majeure Event.

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AGREEMENT FOR ARCHITECTURAL CONSULTANT

SERVICES

BETWEEN

CITY OF MCFARLAND, CALIFORNIA,
AND
DEWBERRY ARCHITECTS, INC.

THIS AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the CITY OF MCFARLAND (the "City") and DEWBERRY ARCHITECTS, INC., (“Consultant”).

RECITALS
The City requires outside assistance to provide the following services:

Architectural Services - Design and Construction Administration for the New Police Station
WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being duly qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise; WHEREAS, Consultant will render such professional services, as hereinafter defined, on the following terms and conditions;
NOW THEREFORE, in consideration of these recitals, and the mutual covenants contained herein, the City and Consultant agree as follows:

1. TERM OF AGREEMENT. AGREEMENT

1.1. This Agreement shall be effective on and from the day, month and year of the execution of this document by the City.

1.2. Consultant shall commence the performance of the services in accordance with the Scope of Work section provided in Attachment “A” to this Agreement and shall continue such services until all tasks to be performed are completed, or this Agreement is otherwise terminated. Consultant shall complete the services and provide final data and reports no later than Oct 23, 2026, unless an extension of time is mutually agreed to by both parties in writing.

2. CONSULTANT'S OBLIGATIONS- SCOPE OF WORK (ATTACHMENT A).

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2.2. Consultant shall perform all work required to accomplish the Described Services in conformity with applicable requirements of Federal, State and Local law.

2.3. Consultant is hired to render the Described Services and any payments made to Consultant are compensation fully for such services.

2.4. Consultant shall maintain professional certifications as required to properly comply with all City, State, and Federal law.

2.7. Consultant shall provide the City with timely written reports of all significant developments or delays arising during performance of its services.

3. PAYMENT FOR SERVICES (ATTACHMENT B).

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4. SUBCONTRACTING.

4.1. Consultant will not subcontract any portion of its Scope of Work without prior written approval of City. If Consultant subcontracts for any of the work to be performed under this Agreement, Consultant shall be as fully responsible to the City for the acts and omissions of Consultant’s subcontractors/subconsultants and for the persons either directly or indirectly employed by the subcontractors/subconsultants, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor/subconsultant of Consultant and the City. Consultant will be responsible for payment of subcontractors/subconsultants. Consultant shall bind every subcontractor/subconsultant to the terms of the Agreement applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the City. Consultant agrees that the City is an intended third-party beneficiary of any services agreement entered into between Consultant and any subcontractor or subconsultant.

5. PROJECT SCHEDULE AND COMPLETION DATE (ATTACHMENT C).

5.1. Attachment C is the project schedule that Consultant shall strictly meet, including benchmark dates and completion date, which is attached hereto and incorporated herein.

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7. RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY. City designates its City Manager, to represent the City in all matters within the scope of this Contract relating to the conduct and approval of the work to be performed. Whenever the term “approval of City,” “consult with City,” “confer with City,” or similar terms are used, they shall refer to the City Manager. The City Manager may designate an assistant to act in his/her stead.

The CITY shall furnish upon request, without charge, all standard plans and specifications and any other information which the City now has in its files that may be of use to Consultant.

9. TERMINATION OF AGREEMENT.

9.1. Termination for Convenience City may terminate this Contract for City’s convenience at any time by providing Consultant thirty days written notice. Upon receipt of the notice of termination, Consultant shall immediately take action not to incur any additional obligations, costs or expenses, except as may be necessary to terminate its activities. City shall pay Consultant its reasonable and allowable costs through the effective date of termination and those reasonable and necessary costs incurred by Consultant to effect the termination. Thereafter, Consultant shall have no further claims against City under this Contract. All finished and unfinished documents and materials procured for or produced under this Contract, including all intellectual property rights City is entitled to, shall become City property upon the date of the termination. Consultant agrees to execute any documents necessary for City to perfect, memorialize, or record City’s ownership of rights provided herein.

9.2. Termination for Breach of Contract.

9.2.2. If the default under this Contract is due to Consultant’s failure to maintain the insurance required under this Contract, Consultant shall immediately: (1) suspend performance of any services under this Contract for which insurance was required; and (2) notify its employees and Subconsultants of the loss of insurance coverage and Consultant’s obligation to suspend performance of services. Consultant shall not

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Consultant’s obligation to suspend performance of services. Consultant shall not recommence performance until Consultant is fully insured and in compliance with City’s requirements.

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9.2.8. The rights and remedies of City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

11. OWNERSHIP OF DOCUMENTS.

12. INDEPENDENT CONTRACTOR.

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13. HOLD HARMLESS AND INDEMNIFICATION.

13.4. Other than in the performance of professional services by a design professional, which law shall be solely as addressed in subparagraph 13.3 above, and to the fullest extent permitted by law, Consultant shall indemnify, protect, and hold harmless City, and its officers, employees, agents, and volunteers, from and against any claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of the performance of this Agreement by Consultant, its officers, employees, agents, subcontractors and subconsultants, excepting only that resulting from the negligence,

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active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.

14. ASSIGNMENT OF AGREEMENT. Consultant is without right to and shall not assign this Agreement or any part thereof or any monies due hereunder without the prior written consent of the City.

15. INSURANCE.

Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. The Certificate of Insurance shall clearly identify the project name and number in the space labeled “Description of Operations/Locations/Special Items” on the form.

Each of the following shall be included in the insurance coverage or added as an additional insured endorsement to the policy: City, its officers, employees, agents, and volunteers are to be covered as insured’s as respects each of the

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following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. In the event that Consultant purchases automobiles during the term of this Agreement, said automobiles shall be likewise covered. The coverage shall contain no special
An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.

Insurance is to be placed with California-admitted insurers with a Best's rating of no less than A:VII.

D. Deductibles and Self-Insured Retentions. During the period covered by this Agreement, upon express written authorization of City Risk Manager, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The City may condition approval of an increase in deductible or self-insured retention levels upon a requirement that Consultant procure a bond guaranteeing payment of

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losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

16. DISPUTES.

16.1. If a dispute should arise regarding the performance of this Agreement, the following initial dispute resolution procedures shall be used:

B. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, if any, within ten (10) City working days of receipt of the letter.

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the General Manager’s office a letter outlining the dispute for the General Manager’s review. The receiving party may submit further response, if required, to the General Manager within five (5) City working days thereafter. The General Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussions or rejection of the dispute within fifteen (15) working days of receipt of the complaint.

16.3. If the dispute remains unresolved and the parties have exhausted the procedures outlined in this section, the parties may then seek remedies available to them under this Agreement and at law. This provision does not relieve Consultant of its obligation and Consultant is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City.

18. CONSULTANT’S BOOKS AND RECORDS.

18.3. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City General Counsel, City Auditor, General Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.

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If to City:

If to Consultant:

City of McFarland
Attn: City Manager
401 W. Kern Avenue
McFarland, CA 93250
Erica Nelles, Senior Principal
1760 Creekside Oaks Drive,
Suite 280
Sacramento, Ca 95833
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.

20. GENERAL PROVISIONS.

20.1. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20.4. Time is of the essence with regard to each covenant, condition and provision of this Agreement.

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20.6. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.

20.7. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.

20.8. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.

22. ACCESS AND ACCOMMODATIONS

22.1. Consultant shall comply with the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C.

Section 701 et seq., the Fair Housing Act, and its implementing regulations and any subsequent amendments, and California Government Code Section 11135;

22.2. Consultant shall not discriminate on the basis of disability or on the basis of a person’s relationship to, or association with, a person who has a disability;

22.3. Consultant shall provide reasonable accommodation upon request to ensure equal access to CITY-funded programs, services and activities;

22.4. Construction, if any, will be performed in accordance with the Uniform Federal Accessibility Standards (UFAS), 24 C.F.R. Part 40; and

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CITY CONSULTANT*

CITY OF MCFARLAND,
a municipal corporation
By: __________________________
Name: Saul Ayon
Title: Mayor
Dated: _______________, 202__
ATTEST:

Erika De La Cruz,
City Clerk
DEWBERRY ARCHITECTS, INC.

Architectural Consultant
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
*Signatures of consultant must be notarized. Need
two signatures if contractor is a corporation.

Attach acknowledgement
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges,
City Attorney

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“ATTACHMENT “A”
Scope of Work

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September 30, 2024
City of McFarland – Public Works
Attn: Yerlys Hernandez, Public Works Director
401 W. Kern Ave.

McFarland, CA 93250
E: [email protected]
RE: New McFarland Police Station, located in the City of McFarland, California Dear Mr. Hernandez,
Dewberry Architects Inc. is pleased to submit to the City of McFarland (City), this scope of work and fee proposal to validate the revised floor plan and design of the pre-engineered metal building presented at our interview. Additionally, this scope of work includes the preparation of design development documents, construction documents for submission and approval by the City of McFarland Building Department (AHJ), Bidding Assistance, and Construction Administration.

SCOPE OF SERVICES
This fee proposal includes the following scope of services:

PROJECT VALIDATION (3 Weeks)
During the Project Validation phase, the Dewberry team will facilitate an initial Project Kick-off meeting in McFarland to review City’s and Police Department’s goals and vision for the project. Dewberry will present a floor plan with reduced square footage and a pre-engineered metal building concept.

Following the meeting, Dewberry will revise the preliminary floor plan and pre-engineered metal building aesthetics based on comments received at the kick-off meeting. It is anticipated that there will be two virtual meetings to finalize the floor plan and pre-engineered metal building design.

Validation Meetings:
• Attend In-person Kick-off meeting.
o Review goals and vision.
o Review updated floor plan.
o Review pre-engineered building design.
• Attend (2) virtual meetings to review updates to floor plan and pre-engineered metal building design.

Validation Deliverables:
• Approved Floor Plan
• Approved Exterior Renderings (2 views)

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City of McFarland – Public Works
Attn: Yerlys Hernandez, Public Works Director
401 W. Kern Ave.

McFarland, CA 93250

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DESIGN DEVELOPMENT (10 Weeks)
During this phase, Dewberry will develop a 100% Design Development (DD) package based on the approved floor plan and pre-engineered metal building design concept.

The pre-engineered metal building will be designed through a deferred or delegated process. Dewberry will be responsible to coordinate with the selected PEMB manufacture.

Upon the City’s approval of the DD submittal, Dewberry will proceed with developing a probable cost of construction.

Design Development Meetings:
• Dewberry anticipates weekly virtual design meetings, (8) in total, *8 week design schedule. • Attend (1) in-person meeting to review the final 100% DD submittal and interior finishes with the City of McFarland and Police Stakeholders.

Design Development Deliverables (pdf):

1. Cover Sheet

2. Life Safety Code Analysis

3. Site Plan

4. Floor Plan

5. Enlarged Restroom Plans

6. Reflected Ceiling Plan

7. Interior Elevations

8. Interior Finish Schedule

9. Preliminary Details

10. Outline Specifications

11. MEP Drawings and Equipment Schedules

12. Cost Estimate
TASK 3: - CONSTRUCTION DOCUMENTS (12 Weeks)
Upon written notice to proceed and verification the cost estimate aligns with City’s budget, Dewberry will proceed to Construction Documents.

Plan Check and Permitting
During this phase Dewberry will submit to the McFarland Building Department (AHJ) drawings and documents required for plan check review for one (1) building permit. Any additional permits or deferred submittals will be submitted and managed by the General Contractor.

Dewberry assumes up to two (2) rounds of plan check comments. Plan check comments shall be integrated into an Issue for Construction set stamped and signed by the Architect of Record.

Note: The pre-engineered metal building will be designed through a deferred or delegated process.

Dewberry will be responsible to coordinate with the selected PEMB design in the overall permit documents, but the City will be responsible to contract directly with the selected manufacturer for design services, including signed and sealed engineering documents.

Construction Documents Meetings:

1. Dewberry anticipates bi-weekly virtual design meetings, (6) in total, *12 weeks design schedule.

2. Permitting TBD

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City of McFarland – Public Works
Attn: Yerlys Hernandez, Public Works Director
401 W. Kern Ave.

McFarland, CA 93250

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Construction Documents Deliverables (pdf):

1. Cover Sheet

2. Code Analysis

3. General Information/Notes

4. Site Plan

5. Floor Plan

6. Enlarged RR Plans

7. Reflected Ceiling Plan

8. Interior elevations

9. Wall Sections

10. Door/Window/Finish Schedules

11. Details as necessary for the
construction of the architectural design.

12. Structural Drawings and Calculations

13. MEP Drawings and Equipment Schedules

14. Low Voltage Drawings and Equipment
Schedules

15. Access Control/ Security Drawings and
Equipment Schedules

16. Complete Project Specifications in CSI
format.

17. Fire Alarm and Fire Sprinkler Basis of
Design

18. Specifications in CSI Format
TASK 4: - BIDDING
Dewberry understands the City will administer the bidding process.

1. Dewberry will attend one pre-bid conference with City and selected General Contractor(s).

2. Respond in writing to requests for information (RFI).

TASK 5: - CONSTRCUTION ADMINISTRATION
Upon receipt of City’s written Notice-to-Proceed, Dewberry will provide the following support services:

1. Attend pre-construction meeting (on-site).

2. Respond to RFI’s.

3. Review project submittals.

4. Perform up to (3) Architectural site visits and (2) site visit per discipline for all others. Additional Site Visits can be provided as an Additional Services.

5. Prepare punch-list in collaboration with General Contractor.

Assumptions:

1. The pre-engineered metal building will be designed through a deferred or delegated process.

2. AHJ for the Project will be the City of McFarland.

3. Scope of work will be documented in no more than (1) construction package.

4. All Plan Check Permit fees will be paid by City.

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Yerlys Hernandez, Public Works Director
1001 Allison Drive
Vacaville, CA 95867
February 01, 2024

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Exclusions:

The following items are available as additional services if requested:

1. The design and permitting of the pre-engineered metal building.

2. Work beyond the immediate extents of the project area.

3. Fixtures, Furniture & Equipment (FF&E) selection and procurement.

4. Any consultants or disciplines not explicitly included in this proposal.

5. Additional meetings and/or site visits.

6. Life cycle cost analyses, owning or operating cost studies and energy effectiveness studies.

7. Commissioning of building systems, services related to the development of commissioning plans and services related to support third party commissioning of the building.

8. Design services related to sustainable building
certifications, studies necessary to determine feasibility of sustainable certification and the preparation or coordination of the documentation necessary for sustainable
certification.

9. Significant City requested changes after DD approval.

10. Plan Check and Permit application fees.

DESIGN FEE:

The proposed fee for professional services is based on a construction cost of $12.5 million dollars. If the construction cost exceeds 12.5 million dollars at the end of the Design Development phase, and the County wishes to proceed with the higher construction cost, additional fees may be required at the construction document phase. If the County requests alternative options and value engineering design exercises at the end of the Design Development phase to lower the construction cost additional fees may be required.

Dewberry to be paid on a Not to Exceed, Lump Sum Basis. (Monthly invoices will be submitted for the work completed in the billing cycle.)
Estimated Reimbursables: $8,500
Reimbursables include shipping, reproduction, and mileage. City is responsible to pay all required plan check fees.

This proposal assumes that the project will proceed without delay between all phases of the project. If City chooses to delay the commencement of any phase of the Project, or construction phase is longer than fourteen (14) consecutive months, Dewberry reserves right to Additional Services.

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Yerlys Hernandez, Public Works Director
1001 Allison Drive
Vacaville, CA 95867
February 01, 2024

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Please feel free to contact me at (916) 239-7268 with any questions and discuss next steps. We look forward to working with you and your Team on this very important project.

Sincerely,
Dewberry Architects Inc.

Patricia Esposito
Associate Principal
Cc:
- File
- Erica Nelles, Senior Principal
Director of Operations

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City of McFarland
City Council Meeting

STAFF REPORT
Agenda Item No. 12.

Section: ADMINISTRATIVE
AGENDA
Meeting Date: October 23,
2024
TO: Honorable Mayor and Council Members
FROM: Diego Viramontes, City Manager
Yerlys Hernandez , Public Works Director
SUBJECT: Approval of Resolution No. 2024-122 A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MCFARLAND APPROVING AN AGREEMENT

BETWEEN THE CITY OF MCFARLAND AND DEE JASPER & ASSOCIATES

FOR THE DESIGN AND CONSTRUCTION MANAGEMENT OF A NEW

WATER WELL
SUMMARY:

On October 14th, The City of McFarland received an executed agreement securing funding through the State Water Board for the Expedited Drinking Water Grant. This grant will fund the design and the construction of a new City Water Well.

The Expedited Drinking Water Grant allocates a total of $8,532,402 for the construction and design of the new well.

One of the requirements for receiving the funding is to have a Professional Engineering Services contract in place for the design and construction of the new well.

Staff, reached out to our City On-Call Water Engineer, Dee Jasper & Associates, and requested a proposal. The proposal by Dee Jasper and Associates includes the cost for design of a test well which is completed before the actual well is drilled. The test well is a critical step to take to determine the quality of water at specific depths. The cost proposal also includes the design, bidding, and construction management and inspection of the well. The total cost of Dee Jasper & Associates proposal is $720,935.

FINANCIAL IMPACT:

The financial impact of the design and construction management of the new water well is $720,935. These costs have been incorporated into the fiscal year 2024-25 capital improvement program budget. Also, the Professional services agreement will be funded by the grant received by the State Water Board.

RECOMMENDATION:

Staff recommends adopting a resolution authorizing the City Manager to sign and execute an agreement with Dee Jasper & Associates for the Design and Construction Management of a new water well.

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ATTACHMENTS:

1. Dee Jasper & Associates, inc - Consultant Agreement

2. Executed Funding Agreement_Redacted

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RESOLUTION NO. 2024-122

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MCFARLAND APPROVING AN

AGREEMENT BETWEEN THE CITY OF MCFARLAND AND DEE JASPER & ASSOCIATES FOR THE DESIGN AND CONSTRUCTION MANAGEMENT OF A NEW WATER WELL.

WHEREAS, On October 14th, The City of McFarland received an executed agreement securing funding through the State Water Board for the Expedited Drinking Water Grant: and WHEREAS, This grant will fund the design and the construction of a new City Water Well; and
WHEREAS, The Expedited Drinking Water Grant allocate a total of $8,532,402 for the construction and design of the new well; and
WHEREAS, One of the requirements for receiving the funding is to have a Professional Engineering Services contract in place for the design and construction of the new well; and WHEREAS, Staff, reached out to our City On-Call Water Engineer, Dee Jasper & Associates, and requested a proposal; and
WHEREAS, The cost proposal for the design, bidding, and construction management and inspection of the New Well from Dee Jasper & Associates is $720,935.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of McFarland that it hereby finds and determines as follows:

1. The foregoing recitals are true and correct and incorporated herein as if set forth in full

2. The City Council hereby approves the Agreement with Dee Jasper and Associates for the Design and Construction management and Testing of the New City Water Well in the amount of $720,935.

3. The City Clerk shall certify the passage and adoption of this resolution.

4. This resolution is effective immediately.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of McFarland on October 23, 2024 by the following vote:

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Aye Nae Abstain Absent
Saul Ayon
Ricardo Cano
Amador Ayon
María T. Pérez
Anita Gonzalez

CITY OF MCFARLAND
____________________________
Saul Ayon, Mayor
ATTEST:
_____________________________
Erika De La Cruz, City Clerk
I, _________________________, City Clerk of the City of McFarland, California, DO HEREBY CERTIFY that the foregoing resolution is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of McFarland on the date and by the vote indicated herein.

APPROVED AS TO FORM:
_____________________________
Nathan Hodges, City Attorney

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

AGREEMENT FOR CIVIL ENGINEER CONSULTANT

SERVICES

BETWEEN

CITY OF MCFARLAND, CALIFORNIA,
AND
DEE JASPAR & ASSOCIATES, INC.

THIS AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the CITY OF MCFARLAND (the "City") and DEE JASPAR & ASSOCIATES, INC., (“Consultant”).

RECITALS
The City requires outside assistance to provide the following services:

Civil Engineering - Design and Construction Management for New City Water Well Project
WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being duly qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise; WHEREAS, Consultant will render such professional services, as hereinafter defined, on the following terms and conditions;
NOW THEREFORE, in consideration of these recitals, and the mutual covenants contained herein, the City and Consultant agree as follows:

1. TERM OF AGREEMENT. AGREEMENT

1.1. This Agreement shall be effective on and from the day, month and year of the execution of this document by the City.

1.2. Consultant shall commence the performance of the services in accordance with the Scope of Work section provided in Attachment “A” to this Agreement and shall continue such services until all tasks to be performed are completed, or this Agreement is otherwise terminated. Consultant shall complete the services and provide final data and reports no later than March 1, 2027, unless an extension of time is mutually agreed to by both parties in writing.

2. CONSULTANT'S OBLIGATIONS- SCOPE OF WORK (ATTACHMENT A).

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

2.2. Consultant shall perform all work required to accomplish the Described Services in conformity with applicable requirements of Federal, State and Local law.

2.3. Consultant is hired to render the Described Services and any payments made to Consultant are compensation fully for such services.

2.4. Consultant shall maintain professional certifications as required to properly comply with all City, State, and Federal law.

2.7. Consultant shall provide the City with timely written reports of all significant developments or delays arising during performance of its services.

3. PAYMENT FOR SERVICES (ATTACHMENT B).

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4. SUBCONTRACTING.

4.1. Consultant will not subcontract any portion of its Scope of Work without prior written approval of City. If Consultant subcontracts for any of the work to be performed under this Agreement, Consultant shall be as fully responsible to the City for the acts and omissions of Consultant’s subcontractors/subconsultants and for the persons either directly or indirectly employed by the subcontractors/subconsultants, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor/subconsultant of Consultant and the City. Consultant will be responsible for payment of subcontractors/subconsultants. Consultant shall bind every subcontractor/subconsultant to the terms of the Agreement applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the City. Consultant agrees that the City is an intended third-party beneficiary of any services agreement entered into between Consultant and any subcontractor or subconsultant.

5. PROJECT SCHEDULE AND COMPLETION DATE (ATTACHMENT C).

5.1. Attachment C is the project schedule that Consultant shall strictly meet, including benchmark dates and completion date, which is attached hereto and incorporated herein.

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

The CITY shall furnish upon request, without charge, all standard plans and specifications and any other information which the City now has in its files that may be of use to Consultant.

9. TERMINATION OF AGREEMENT.

9.2. Termination for Breach of Contract.

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

9.2.8. The rights and remedies of City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

11. OWNERSHIP OF DOCUMENTS.

12. INDEPENDENT CONTRACTOR.

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13. HOLD HARMLESS AND INDEMNIFICATION.

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.

14. ASSIGNMENT OF AGREEMENT. Consultant is without right to and shall not assign this Agreement or any part thereof or any monies due hereunder without the prior written consent of the City.

15. INSURANCE.

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Insurance is to be placed with California-admitted insurers with a Best's rating of no less than A:VII.

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

16. DISPUTES.

16.1. If a dispute should arise regarding the performance of this Agreement, the following initial dispute resolution procedures shall be used:

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18. CONSULTANT’S BOOKS AND RECORDS.

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

If to City:

If to Consultant:

City of McFarland
Attn: City Manager
401 W. Kern Avenue
McFarland, CA 93250
Curtis Skaggs, Principal
Engineer
2730 Unicorn Road,
Bldg. A
Bakersfield, CA 93308
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.

20. GENERAL PROVISIONS.

20.1. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20.4. Time is of the essence with regard to each covenant, condition and provision of this Agreement.

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

20.6. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.

20.7. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.

20.8. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.

22. ACCESS AND ACCOMMODATIONS

22.1. Consultant shall comply with the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C.

Section 701 et seq., the Fair Housing Act, and its implementing regulations and any subsequent amendments, and California Government Code Section 11135;

22.2. Consultant shall not discriminate on the basis of disability or on the basis of a person’s relationship to, or association with, a person who has a disability;

22.3. Consultant shall provide reasonable accommodation upon request to ensure equal access to CITY-funded programs, services and activities;

22.4. Construction, if any, will be performed in accordance with the Uniform Federal Accessibility Standards (UFAS), 24 C.F.R. Part 40; and

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
CITY CONSULTANT*

CITY OF MCFARLAND,
a municipal corporation
By: __________________________
Name: Saul Ayon
Title: Mayor
Dated: _______________, 202__
ATTEST:

Erika De La Cruz,
City Clerk
DEE JASPAR & ASSOCIATES, INC.

Engineering Consultant
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 202__
*Signatures of consultant must be notarized. Need
two signatures if contractor is a corporation.

Attach acknowledgement
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges,
City Attorney

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
“ATTACHMENT “A”
Scope of Work

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DEE JASPAR & ASSOCIATES, INC.

CONSULTING CIVIL ENGINEERS
2730 UNICORN ROAD, BUILDING A
BAKERSFIELD, CA 93308
PHONE (661) 393-4796
FAX (661) 393-4799
____________________________________________________________________________________ October 14, 2024
City of McFarland
401 W. Kern Avenue
McFarland, CA 93250
Re: New Municipal Water Well Project
Engineering Services Proposal
Attached is an itemized engineering proposal for the engineering design, project oversight, and construction management for the New Municipal Water Well Project.

The itemized budget proposal has been separated into six tasks as outlined below:

Task #1 – Test Well Drilling Bid Documents
This task involves preparing the bid documents for the test well and bid administration and includes, but is not limited to the following:
• Field Surveying and Preliminary Site Layout
• Preparation of the Notice of Exemption (NOE)
• Preparation of Test Well Specifications and Bid Documents • Advertise for Bids
• Administer Pre-Bid Job Walks
• Administer Bid Opening
• Prepare Bid Recommendation
The budget amount for Task #1 is $19,694.00.

Task #2 – Test Well Drilling Construction Management
This task involves the oversight and inspection for the test well project and includes, but is not limited to the following:
• Execution of Contract Documents
• Administer a Preconstruction Meeting
• Test Well Drilling Oversight and Daily Inspection
• Water Quality Sampling and Testing
• Preparation of a Test Well Report and Recommendations

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The budget amount for Task #2 is $52,400.00
Task #3 – Well Drilling Bid Documents
This task involves preparing the bid documents for the well drilling and bid administration and includes, but is not limited to the following:
• Preparation of Well Drilling Plans
• Preparation of Well Specifications and Bid Documents
• Preparation of an Engineer’s Estimate
• Advertise for Bids
• Administer Pre-Bid Job Walks
• Administer Bid Opening
• Prepare Bid Recommendation
The budget amount for Task #3 is $15,528.00
Task #4 – Well Drilling Construction Management
This task involves the oversight and inspection for the water well drilling project and includes, but is not limited to the following:
• Execution of Contract Documents
• Administer a Preconstruction Meeting
• Well Drilling Oversight and Daily Inspection for Drilling and Development • Water Quality Sampling and Testing
• Preparation of a Well Report and Recommendations
The budget amount for Task #4 is $71,374.00
Task #5 – Well Equipping and Site Development Bid Documents This task involves preparing the bid documents for the well equipping and site development and bid administration and includes, but is not limited to the following:
• Perform Well Site and Pipeline Topographic Surveying
• Perform a Geotechnical Investigation and Soils Report • Preparation of 50% Well Equipping Plans
• Preparation of CEQA Initial Study and Mitigated Negative Declaration • Preparation of 90% Well Equipping Plans and Specifications • Preparation of 100% Well Equipping Plans and Bid Documents • Preparation of an Engineer’s Estimate
• Preparation of Environmental Package
• Assistance with Electrical Service Application and Project Permitting

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• Advertise for Bids
• Administer Pre-Bid Job Walks
• Administer Bid Opening
• Prepare Bid Recommendation
The budget amount for Task #5 is $174,069.00.

Task #6 – Well Equipping and Site Development Construction Management This task involves the oversight and inspection for the water well equipping and site development project and includes, but is not limited to the following:
• Execution of Contract Documents
• Administer a Preconstruction Meeting
• Submittal and Shop Drawing Reviews
• Review and Response to Requests for Information (RFI’s) • Review and Approve Monthly Progress Payments
• Preparation of Monthly Project Claims
• Preparation of Quarterly Project Reports
• Well Equipping and Site Development Oversight and Daily Inspection • Compaction and Concrete Testing
• Facilitate Start-Up and Testing
• Preparation of the Drinking Water Permit Application
• Preparation of Project Completion Report
• Project Close-Out Documents
The budget amount for Task #6 is $387,870.00.

The total budget proposal for this work is $720,935.00.

Please let me know if you have any questions or if you would like to discuss revisions to the above noted scope of work or costs.

Sincerely,
Curtis M. Skaggs, P.E.

Senior Engineer

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Dee Jaspar Associates
Consulting Civil Engineers
Professional Engineering Services Proposal Budget
City of McFarland
New Municipal Water Well Project
Engineerng Design and Construction Inspection
Principal Engineer Registered Engineer / Project Manager Senior Engineer Surveyor Survey Crew Draftsperson Secretary Ken Schmidt & Associates, Inc. Geotechnical & Water Quality Laboratory TestingElectrical Power Systems Scope of Work Estimated Time (hrs) Estimated Time (hrs) Estimated Time (hrs) Estimated Time (hrs) Estimated Time (hrs) Estimated Time (hrs) Estimated Time (hrs) Estimated Cost ($) Estimated Cost ($) Estimated Cost ($) Total

1. Test Well Drilling Bid DocumentsField Surveying and Preliminary Site Layout 44484 $4,576Preparation of a Notice of Exemption 48 $1,886Preparation of Test Well Bid Documents 8 12 8 $1,500 $5,540Assist City in Bid Process and Respond to Questions 16 16 $5,128 Prepare Bid Recommendation 88 $2,564
Subtotal: $19,694

2. Test Well Drilling ConstructionContract Documents and Preconstruction Meeting 12 12 $3,846 Test Well Drilling Oversight and Daily Inspection 12 60 $5,500 $16,594 Water Quality Sampling and Testing 8 40 $4,500 $16,000 $27,896Test Well Report and Design Recommendations 88 $1,500 $4,064 Subtotal: $52,400

3. Preparation of Well Drilling Plans & SpecificationsPrepare Well Plans, Specifications, and Cost Estimate 16 16 8 4 $1,500 $7,836Assist City in Bid Process and Respond to Questions 16 16 $5,128 Prepare Bid Recommendation 88 $2,564
Subtotal: $15,528

4. Well Drilling Quality Control & InspectionContract Documents and Preconstruction Meeting 12 12 $3,846 Conductor Casing Installation Inspection and Quality Control. 8 $1,208 Pilot Hole Drilling Inspection and Quality Control. 10 30 $6,225 Geophysical Logging and Review. Selection of Zone Tests and Casing Design. 8 8 $2,000 $4,564Zone Testing Inspection, Quality Control, and Water Quality Sampling. 10 40 $4,000 $12,500 $24,235Reaming Inspection and Quality Control. 10 30 $6,225 Caliper Log and Deviation Survey Review 28 $1,547Casing, Gravel Pack, & Cement Seal Inspection and Testing. 8 48 $8,604Airlifting & Swabbing Inspection and Quality Control. 4 12 $2,490Well Development Inspection and Quality Control. 8 24 $1,500 $6,480 Well Video Review and Quality Control. 48 $1,886Final Report and Project Closeout. 88 $1,500 $4,064 Subtotal: $71,374

5. Prepare Site Equipping Plans, Specifications, & Cost EstimatePerform Field Surveying of Well Site Topography, Pipeline Alignment, Existing Utilities, and Surface Features. 4 8 4 16 8 $7,844Perform Geotechnical Investigation and Prepare a Geotechnical Report for the foundations, pressure tank footings, and pipeline design. 28 $16,000 $17,547 Prepare 50% Project Plans, Specifications, and Estimate for SWB Review and Comment 4 16 80 80 $16,000 $40,380 Prepare 90% Project Plans, Specifications, and Estimate for SWB Review and Comment 4 16 80 80 $12,000 $36,380 Prepare 100% Project Plans, Specifications, and Estimate for Bidding Purposes 2 16 40 40 4 $4,000 $17,882 Prepare Draft CEQA Initial Study and Mitigated Negative Declaration 2 16 80 40 4 $12,000 $31,922Prepare Environmental Package and Final CEQA Document 2 16 40 4 $9,522 Prepare and assist City Staff with Electrical Service Application, Telephone Service, and all Applicable Project Permitting. 88 4 $2,000 $4,900Assist City in Bid Process and Respond to Questions 16 16 $5,128 Prepare Bid Recommendation 88 $2,564
Subtotal: $174,069

6. Well Equipping Quality Control & InspectionContract Documents and Project Kick-Off 88 $2,564Administer Pre-Construction Meeting and Distribute Meeting Minutes. 48 $1,886Perform Submittal Reviews. 20 80 $12,000 $27,470 Review and Respond to Proposed Change Orders and Requests for Information. 16 32 $3,000 $10,544 Review and Approve Monthly Progress Pay Requests and Disbursement Claims 40 40 $12,820Prepare Quarterly Progress Reports and Project Completion Report 24 24 $7,692 Perform Daily Inspection and Quality Control including Concrete Testing, Compaction Testing, etc. 160 1560 $25,000 $6,000 $293,680 Perform Final Project Walk-Thru Inspection, Administer Startup, Testing, and Training. 8 24 $3,000 $7,980Assist with Obtaining Drinking Water Permit Amendment Approvals 12 16 4 $4,786 Prepare Final Record Drawings, O&M Manuals, and Project Close-Out Documents. 16 40 40 4 $5,000 $18,448 Subtotal: $387,870
Total Hours Estimated: 14 630 2644 8 24 308 28 $23,500 $81,500 $63,000Total Engineering Estimate: $3,038 $106,785 $399,244 $1,260 $6,684 $33,572 $2,352 $23,500 $81,500 $63,000 $720,935 10/14/2024

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PROFESSIONAL CONSULTANT SERVICES AGREEMENT
ATTACHMENT “C”

SCHEDULE
Consultant shall promptly notify the City of any anticipated or unforeseen delays to the project schedule.

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ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE ESTIMATED DUE

DATE DATE

1. Project Management

1.1 Technical and Administrative Services N/A Ongoing

1.2 Notification of Upcoming Meetings, Workshops, N/A As Needed and Trainings

1.3 Site Visits N/A As Needed

1.4 Photo Documentation N/A Ongoing

2. Initial Submissions

2.1 Mandatory TMF Assessment Elements N/A Completed

2.2 EDWG Financial Package N/A Completed

2.3 Complete any incomplete items identified by N/A 10/31/2024 Division after review of 2.1 and 2.2.

Professional Engineering Services Contract N/A Prior to

2.4 disbursement of
any related costs

3. Environmental Compliance and Permitting

3.1.1 Draft CEQA N/A 11/30/2024

3.1.2 EDWG Environmental Package and Final N/A 11/30/2024 CEQA

3.2.1 California Public Utilities Commission N/A N/A
Approvals

3.2.2 Property Rights or Rights of Way N/A 11/30/2024

3.2.3 Documentation of Necessary Water Rights N/A 11/30/2024

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ITEM

3.2.4 3.2.5

3.2.6 4.

4.1 4.2

4.3 5.

5.1 5.2

5.3 6.

6.1 6.2

6.3 6.4

6.5 6.6
A.5
A.6
A.8
B.6.1 and

8.6.2 DESCRIPTION OF SUBMITTAL
Consolidation Agreement(s)
Local Agency Formation Commission
Approvals
List and Signed Copies of Any Other
Necessary Approvals, Entitlements, Permits,
and Agreements
Planning, Design, and Engineering
Engineering Report, Technical Memo, or
Similar Document
50% Plans and Specifications
100% Plans and Specifications
Bid Solicitation
Bid Documents
EDWG Request for Bid Solicitation Approval
EDWG Request for Final Budget Approval
Form
Construction and Implementation
Notice(s) to Proceed
Notification of Project Changes
Necessary TMF Elements
Permit Amendment Application Documents
Completion of Construction
Project Completion

REPORTS
Progress Reports
Project Completion Report
Final Inspection and Certification

CRITICAL DUE ESTIMATED DUE

DATE DATE

N/A N/A

N/A N/A
N/A 11/30/2024
N/A Completed
N/A 10/31/2024
N/A 1/31/2025
N/A 1/31/2025
N/A 2/28/2025
N/A 6/30/2025
N/A 8/31/2025
N/A As Needed
N/A 1/31/2026
N/A 1/31/2026
N/A 12/31/2026
12/31/2026 N/A
Quarterly N/A
N/A 1/31/2027
N/A 1/31/2027

BUDGET COSTS AND REIMBURSEMENT
First Reimbursement Request No later than 90 N/A
days from
Agreement
Execution Date

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McFarland City CouncilOctober 23, 2024

McFarland City Council
October 23, 2024