Services Agreement (Professional Services) Page 1 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
SERVICES AGREEMENT (PROFESSIONAL SERVICES)
On-Call Engineering and Multidisciplinary Professional Services
City Agreement No. _________________
City Budget Code: __________________
This Services Agreement (Professional Services) for On-Call Engineering and Multidisciplinary Professional Services
(“ Agreement ”) by and between the City of Napa, a California charter city (“City ”), and Mark Thomas &Company, Inc. (“Consultant ”), is effective on the date last signed by the Cit y, which is identified on the signature page as the “Effective Date.”
RECITALS
A. The City desires to obtain the services more particularly described in this Agreement and Exhibit “A,” and generally including professional engineering services on an on-call basis.
B. On September 4, 2025, the City issued a request for proposals for on-call professional CIP Engineering and Multidisciplinary Services, and on September 30, 2025, the Consultant submitted a proposal demonstrating the Consultant’s qualifications and experience to provide such services.
NOW, THEREFORE, the City and the Consultant, for t he mutual consideration described herein, agree as follows:
1. SCOPE OF SERVICES.
1.1. Services. Consultant, acting in its capacity as an engineering consultant, licensed and in good standing under California law, will perform the ser vices described in the Scope of Services and Schedule of Performance , attached hereto as Exhibit “A” and incorporated herein by reference (“ Services ”), in accordance with the terms and conditions of this Agreement and to the satisfaction of the City’s authorized representative, Farid Javandel, Senior Traffic Engineer (“ City’s Authorized Representative ”).
1.2. Standard of Care. In performing the Services, Consultant will meet the applicable standard of care for, and exercise the degree of skill and diligence ordinarily used by reputable professionals within the greater San Francisco Bay Area who provide the same or similar type of professional services as the Services required under this Agreement. Consultant will require and ensure that all of its employees, subconsultants, or agents performing or contributin g to the Services will comply with the requirements of this Agreement.
1.3. Independent Contractor. Consultant will contr ol the manner and means for performing the Services, acting as an independent contractor and n ot as an employee of the City. Consultant will not be entitled to any of the benefits that the City provides to its employees, including, but not limited to, health or retirement benefits.
1.4. Subcontracting. If Consultant subcontracts wi th a subconsultant to perform any of the Services, the City is deemed an intended beneficiary of that subcontract and the subconsultant will owe a duty of due care to the City. City reserves the right to approv e or reject any proposed subconsultant, based on th e subconsultant’s qualifications, relevant experience, or reputation.
1.5. Third Party Beneficiaries. Except to the exte nt expressly stated herein, this Agreement will not be construed to create any rights in third parties.
1.6. Time for Performance. Time is of the essence f or the performance of all Services and duties under this Agreement. Consultant will commence and complete all Services by the date and within any ATTACHMENT 1
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timeframes set forth in Exhibit “A.” Services for w hich times for performance are not specified in thi s Agreement will be commenced and completed by Consul tant in a reasonably prompt and timely manner based upon the circumstances and direction from the City’s Authorized Representative. Consultant will submit all requests for extensions of time to the C ity in writing no later than ten days after the sta rt of the circumstances or events giving rise to the delay, a nd no later than the time by which performance is d ue.
The City’s approval of any extension of time for pe rformance of the Services will not operate to waive the City’s rights or remedies with respect to damages caused by Consultant’s delay.
1.7. Errors and Omissions. Consultant is solely re sponsible for costs arising from its errors and omissions, including increased construction costs or delay costs. Upon City’s request, Consultant will promptly correct its errors and omissions, at no cost to the City.
1.8. Unsatisfactory Services. Upon written notice from the City that any of the Services fail to comply with the requirements of this Agreement or any othe r legal requirement (collectively, “ Unsatisfactory Services ”), Consultant will promptly correct or cure any su ch Unsatisfactory Services within the time specified in the City’s written notice. Consultant will not be entitled to any additional compensation or extension of time to correct or cure the Unsatisfac tory Services. Consultant’s correction or cure of Unsatisfactory Services will not operate to waive the City’s rights or remedies with respect to any damages caused by the Unsatisfactory Services, the cost of which may be recovered by the City as an offset fro m payment otherwise due or to become due to Consultant.
2. COMPENSATION.
2.1. Payment. The City will pay Consultant for Con sultant’s time and authorized expenses necessary to perform the Services, at the rates and charges s et forth in the Compensation Rates and Charges attached hereto as Exhibit “B” and incorporated herein by reference, as compensation in full for Services satisfactorily performed in compliance with this Agreement. Consultant’s total compensation for performing the Services may not exceed $1,000,000, without pri or written authorization from the City. If the City authorizes Consultant to perform services in additi on to the Scope of Services set forth in Exhibit “A ,” Consultant will be compensated in accordance with the rates and charges in Exhibit “B.” Consultant will not be entitled to any compensation for additional serv ices performed without the City’s prior written con sent, or which exceed the scope of the City’s written consent.
2.2. Invoices. Consultant will submit a monthly it emized invoice to the City’s Authorized Representative for the Services provided during the preceding month. At a minimum, the invoice will identify the Services performed, the hours spent performing the Services, the applicable hourly rate(s), and an y authorized expenses based on the rates and charges authorized in Exhibit “B.” The City will pay the Consultant within 30 days after approval of each invoice, with the exception of any disputed amounts.
3. AUTHORIZED REPRESENTATIVE. Consultant hereby as signs David Williams to serve as the Consultant’s authorized representative (“ Consultant’s Authorized Representative ”), to personally participate in and manage the Services provided und er this Agreement, and to serve as the primary poin t of contact for all matters pertaining to this Agreement.
3.1. Substitutions. As a material inducement to en tering into this Agreement, the City has relied upon Consultant’s representations regarding Consultant’s qualifications (including the qualifications of Consultant’s Authorized Representative, its personn el, and its subconsultants, if any, as identified o n Exhibits “A” and “B”). Consultant will not replace Consultant’s Authorized Representative (or any of i ts personnel or its subconsultants, if any, as identified on Exhibits “A” and “B”) without the City’s prior written consent.
4. NOTICES. All notices or requests required or co ntemplated by this Agreement will be in writing and delivered to the other party’s Authorized Represent ative by personal delivery, U.S. Mail, nationwide overnight delivery service, email, or as otherwise specified herein. Delivery is deemed effective upon the first to occur of: (a) actual receipt by a party’s Authorized Representative, (b) actual receipt at the address identified below, or (c) three business days following deposit in the U.S. Mail of registered or certified mail ATTACHMENT 1
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sent to the address identified below. A party’s con tact information, below, may be changed by providin g written notice of any change to the other party.
TO CITY: Farid Javandel, Senior Traffic Engineer
CITY OF NAPA
P.O. Box 660
NAPA, CA 94559-0660
TO CONSULTANT: David Williams, PE
Project Manager
Mark Thomas & Company, Inc.
2121 N California Boulevard, Suite 260
Walnut Creek, CA 94596
5. TERM. The term of this Agreement begins on the Effective Date, and ends upon Consultant’s completion of the Services required by this Agreeme nt, unless terminated earlier as provided herein. T he following provisions will survive expiration or ter mination of this Agreement: Section 7.2 (Dispute Resolution), Section 8.1 (Confidentiality), Section 8.4 (Records of Performance), Section 10 (Indemnification), Section 11.4 (Professional Liabi lity), Section 13.3 (Taxes), and Section 14 (Genera l Provisions).
6. CITY’S RIGHT TO TERMINATE. The City may termina te this Agreement for convenience (with or without cause) by providing written notice of termination to Consultant, effective upon the date stated in the notice. If the City terminates the Agreement it wil l pay Consultant for all Services satisfactorily pe rformed up to and including the effective date of the termination, subject to the provisions of Sections 2 and 8.2.
7. DEFAULT AND DISPUTE RESOLUTION.
7.1. Default. Consultant will be deemed in default of this Agreement if Consultant is not complying with the terms of this Agreement, the City has reas on to believe that Consultant will not be able comp lete the Services consistent with the requirements of, or the time specified in, the Agreement, or the Consultant fails to correct work in the time specified by the City in the written notice to Consultant as set forth in Section
1.8. If either of these circumstances exist, the Ci ty may give written notice of default to Consultant and demand that the default be cured or corrected within ten days of the notice, unless the City determines that additional time is reasonably necessary to cure the default. If Consultant fails to cure the default w ithin of the time specified in the notice, and the Consultan t fails to give adequate written assurance of due performance within the specified time, then the Cit y may terminate this Agreement in accordance with Section 6, or the City may pursue dispute resolution in accordance with Section 7.2.
7.2. Dispute Resolution. If any dispute arises bet ween the parties in relation to this Agreement, the Authorized Representatives for each party will meet, in person, as soon as practicable, to engage in a good faith effort to resolve the dispute informally. If the parties are unable to resolve the dispute, in whole or in part, through informal discussions, the parties agree to participate in mediation. Notwithstanding the existence of a dispute, the Consultant will continue providing the Services during the course of any dispute, unless otherwise directed by the City.
7.2.1. Either party may give written notice to the other party of a request to submit a dispute to mediation, and a mediation session will take place within 60 days of the date that such notice is given, or sooner if reasonably practicable. The parties will jointly appoint a mutually acceptable mediator. The parties will share equally the costs of the mediator; however, each party will pay its own costs of preparing for and participating in the mediation, including any legal costs.
7.2.2. Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute. In addition, any claims by Consultant arising from or related to this Agreement, are subject to the claim presentment requirements in the Government Claims ATTACHMENT 1
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Act (Government Code section 900 et seq.).
8. INFORMATION AND RECORDS.
8.1. Confidentiality. Consultant will not disclose any information or records related to the performance of this Agreement, including information and record s received from the City, as well as information an d records created by the Consultant, to any person other than a City employee, unless and only to the extent that the City provides the Consultant with prior wr itten consent to make a disclosure, or disclosure b y Consultant is required by law or court order. If C onsultant determines that disclosure of information is required by law or court order, the Consultant must first give the City notice of its intent to disclose any such information with sufficient time for the City to de termine whether it may need to take protective step s, including, without limitation, by seeking a protect ive order or other legal relief Consultant will n otify the City’s Authorized Representative of any request for disclosure of information, or any actual or potent ial disclosure of information, under this Agreement. Consultant’s obligations under this section will survive the termination of this Agreement.
8.2. Title to Records. All original documents or r ecords (“ work product ”), whether paper or electronic, required by this Agreement to be prepar ed by Consultant (including its employees and subconsultants), whether complete or in progress, a re the property of the City. Consultant will prompt ly deliver all such work product to the City at the completion of the Services, upon termination, or upon demand by the City. However, Consultant may make and keep copies of the work product. Consultant makes no warranty that the work product is suitable for reuse by the City for any purpose unrelated to this Agreement,
8.3. Contract Cost Disclosure. For any document or report prepared in whole or in part by Consultant pursuant to this Agreement, Consultant will include the numbers and dollar amounts of related contracts or subcontracts as further specified by Government Code Section 7550.
8.4. Records of Performance. Consultant will maint ain adequate records of performance under this Agreement (including Services provided, invoices fo r payment, and payments received) and make these records available to the City for inspection, audit, and copying, during the term of this Agreement and until four years after the Agreement has expired or been terminated.
8.5. Electronic Communications. Consultant will us e reasonable good faith efforts to avoid transmitting electronic viruses or other damaging c oding, and will promptly advise the City if Consult ant discovers that an electronic virus or similar destructive coding may have been transmitted to the City.
8.6. Copyrights/Patents. In performing the Service s under this Agreement, Consultant will not unlawfully infringe on any copyrighted or patented work. Consultant is solely responsible for the cost of any authorizations necessary to use any copyrighted or patented work.
9. ACCIDENT REPORT. If any death, personal injury, or property damage occurs in connection with the performance of the Services, Consultant will prompt ly submit to the City Clerk’s Office a written noti ce of the incident of damage with the following information:
9.1. A description of the damage including date, ti me, and location, and whether any City property was involved;
9.2. Name and contact information of any witness;
9.3. Name and address of the injured or deceased pe rson(s); and
9.4. Name and address of Consultant’s insurance com pany.
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10. INDEMNIFICATION. To the full extent permitted by law, Consultant will indemnify, hold harmless, release, and defend the City (including its officer s, elected or appointed officials, employees, volun teers, and agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and reasonable attorney's fees]) (collectively, “Liability ”) of any nature, arising out of, pertaining to, or re lating to Consultant’s or its subconsultants’ negli gence, recklessness, or willful misconduct in the performa nce of the Services under this Agreement. Consisten t with Civil Code Section 2782, Consultant will not be obligated to indemnify City for the proportionate share of the Liability caused by the City’s active neglig ence, passive negligence, sole negligence, or willf ul misconduct. To the extent that Services are “design professional services,” as defined by Civil Code Section 2782.8, the cost to defend charged to the Consultan t will not exceed the Consultant’s proportionate percentage of fault. Consultant’s indemnification o bligations under this Agreement are not limited by any limitations of any insurance held by Consultant, in cluding, but not limited to, workers’ compensation insurance.
11. INSURANCE. Consultant will not perform Services under this Agreement until Consultant has obtained all insurance required under Section 11 and such insurance has been approved by the City Attorney as to form and the Risk Manager as to carrier and suffici ency. The City of Napa is now utilizing an online insurance verification system called PINS Advantage. After being selected for an agreement with the City, Consultant/Contractor will receive an email with in structions to log into the PINS Advantage System. Consultant/Contractor shall upon receiving the email noted above, log into the system and upload Certificates of Insurance and any endorsements required by this Agreement. For questions or issues with setting up your PINS Advantage account, please contact [email protected] . All requirements provided in this Section must appear either in the body of the insurance policies or as endorsements a nd must specifically bind the insurance carrier.
11.1. Policies and Limits. Without limiting Consul tant’s indemnification obligations in Section 10, Consultant will procure and maintain throughout the period of this Agreement, the following policies o f insurance and endorsements from insurers (if other than the State Compensation Fund) with a current A.M.
Best rating of no less than A:VII or its equivalent against injury/death to persons or damage to prope rty which may arise from or in connection with the activities hereunder of Consultant, its agents, employees or subconsultants:
11.1.1. Commercial General Liability Policy. Consu ltant must procure and maintain Commercial General Liability Insurance (CGL) at least as broad as CG 00 01 (occurrence form), with minimum limits of no less than $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury, personal injury, property damage, products and completed operations, and contractual liability.
11.1.2. Automobile Liability Policy. Consultant mu st procure and maintain Automobile Liability Insurance at least as broad as ISO Form number CA 0001, Code 1 (any auto), covering use of all owned, non-owned, and hired automobiles and all vehicles used in the performance of this Agreement with minimum limits not less than $1,000,000 per accident, combined single limit for bodily injury and property damage liability.
11.1.3. Workers’ Compensation. Consultant must pro cure and maintain Workers’ Compensation in such amounts as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both Consultant and City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Consultant in the course of carrying out the Services and Employer's Liability with minimum limits of $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant must file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
11.1.4. Professional Liability. Consultant must pr ocure and maintain Professional Liability Insurance appropriate to the Consultant’s profession covering liability imposed by law or contract arising out of an error, omission or negligent act in the performance, or lack thereof, of the Services and any physical property damage, bodily injury or death resulting therefrom, with limits not less than $2,000,000 ATTACHMENT 1
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per claim and in the aggregate. The insurance must include a vicarious liability endorsement to indemnify, defend, and hold harmless the City for claims arising out of the Consultant’s Services and an extended reporting endorsement, for a period of not less than four years from the date of completion of those Services. The policy inception date or retroactive date must coincide with or precede the Effective Date of this Agreement (including subsequent policies purchased as renewals or replacements).
11.2. Endorsements.
11.2.1. The CGL and automobile liability policies m ust contain an endorsement naming the City, its officers, elected or appointed officials, employees, volunteers, and agents as covered parties for liability arising out of the operations performed by or on behalf of Consultant. The coverage will contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, volunteers, and agents.
11.2.2. All policies of insurance provided by Consu ltant pursuant to this Agreement will be primary and non-contributory to any coverage maintained by the City. Any insurance carried by City will not contribute to, or be excess of insurance maintained by Consultant, nor in any way provide benefit to Consultant, its subconsultants, affiliates, officers, directors, employees, subsidiaries, parent company, or agents, if any.
11.2.3. The inclusion of more than one insured will not operate to impair or limit the rights of one insured against another, and the coverage will apply as though separate policies have been issued to each insured. Additionally, if the CGL insurance or other form of insurance with a general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement or the general aggregate will be twice the required occurrence limit.
11.3. All Policies.
11.3.1. For all insurance policies required under t his Agreement, each certificate of insurance will state that the coverage afforded by the policy or policies will not be reduced, cancelled, or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case at least 10 days written notice is required. Notice required under this subsection will be sent by certified mail. Each required policy will include an endorsement providing that the insurer agrees to waive any right of subrogation it may have against the City. The endorsements will be on forms provided by City or as approved by City’s Risk Manager.
11.3.2. Any deductible or self-insured retention will be disclosed to the City prior to the City’s execution of this Agreement and is subject to approval by the City.
11.3.3. If Consultant does not keep all required insurance policies in full force and effect, the City may, in addition to other remedies under this Agreement, terminate or suspend this Agreement.
11.3.4. The coverage types and limits required pursuant to this Agreement will in no way limit the liability of Consultant.
12. CONFLICTS OF INTEREST. Consultant represents t hat as of the Effective Date of this Agreement it has no interest and will not acquire any interest, direct or indirect, which would conflict in any man ner or degree with the performance of the Services. Consul tant further warrants that in the performance of th e Services, Consultant will not employ or enter into a subcontract with any person or entity having any such conflict of interest.
12.1. Financial Interest. Consultant will not make or participate in making or in any way attempt to use Consultant’s position to influence a City decision in which Consultant knows, or has reason to know, Consultant has a financial interest other than the compensation promised by this Agreement. Consultant represents that it has diligently conducted a search and inventory of its financial interests, as defined in the regulations promulgated by the Fair Political Pract ices Commission, and has determined that Consultant ATTACHMENT 1
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does not, to the best of Consultant’s knowledge, ha ve a financial interest that would conflict with Consultant’s duties under this Agreement. Consultant will immediately notify the City in writing if Consultant learns of a financial interest that may conflict with Consultant’s obligations under this Agreement.
12.2. Covenant Against Contingent Fees. Consultant represents that it has not employed, retained, or entered into a contract with any person or entity, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement; an d that it has not paid or agreed to pay any person or entity, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from th e making of this Agreement. For breach or violation of this representation, the City may void this Agreement without liability or any further obligation to Consultant, or, alternatively, may elect to deduct from payment s due or to become due to Consultant, the full amou nt of such fee, commission, percentage, brokerage fee, gift, or other consideration.
12.3. Statement of Economic Interest. If the City determines Consultant (or any of its employees or subconsultants) is subject to disclosure requiremen ts under the Political Reform Act (Government Code section 87100 et seq.), Consultant (including any required employees or subconsultants) will complete and file a “Statement of Economic Interest” (Form 700) with the City Clerk’s Office disclosing Consultant’ s financial interests.
12.4. Subsequent Contracts. Unless otherwise specif ied in Exhibit “A,” Consultant’s duties and Services under this Agreement do not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regardin g a subsequent or additional contract with the City. Th e City will at all times retain responsibility for public contracting, including with respect to any subseque nt phase of this project. Unless otherwise specifie d in Exhibit “A,” Consultant’s participation in the plan ning, discussions, or drawing of project plans or specifications will be limited to conceptual, preli minary, or initial plans or specifications. Consult ant will cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase o f this project have access to the same information, i ncluding all conceptual, preliminary, or initial pl ans or specifications prepared by Consultant pursuant to this Agreement, if any.
13. COMPLIANCE WITH LAW.
13.1. Legal and Licensing Compliance. Consultant w ill comply with all applicable federal, state and local laws, rules, and regulations related to the Services under this Agreement. Consultant represents and warrants to City that Consultant has and will keep in effect during the term of this Agreement all lic enses (including, but not limited to, the City of Napa bu siness license), permits, qualifications, and appro vals of whatsoever nature which are legally required for Consultant to practice Consultant's profession or perform the Services.
13.2. Nondiscrimination. At all times during the term of this Agreement, Consultant will comply with all applicable federal, state, and local laws, rules, a nd regulations prohibiting discrimination based on race, ethnicity, color, national origin, religion, marital status, age, sex, sexual orientation, disability (including any physical or mental impairment that substantially li mits a major life activity), medical condition, or any protected class.
13.3. Taxes. Consultant will file tax returns as required by law and pay all applicable taxes on amounts paid pursuant to this Agreement. Consultant will be solely liable and responsible to pay such taxes an d other obligations, including, but not limited to, state and federal income and FICA taxes.
13.4. Provisions Deemed Inserted. Every provision of law required to be inserted or referenced in this Agreement will be deemed to be inserted or referenced.
14. GENERAL PROVISIONS.
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14.1. Headings. The heading titles for each sectio n of this Agreement are included only as a guide to the contents and are not to be considered as contro lling, enlarging, or restricting the interpretation of the Agreement.
14.2. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement will be construed as not containing that term, and the rema inder of this Agreement will remain in full force a nd effect; provided, however, this section will not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.
14.3. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of this Agreement will be governed and interpreted in accor dance with the laws of the State of California. An y suit, claim, or legal proceeding of any kind relate d to this Agreement will be filed and heard in a co urt of competent jurisdiction in the County of Napa.
14.4. Attorney’s Fees. If any litigation is commen ced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.
14.5. Assignment and Delegation. This Agreement wi ll not be assigned or transferred in whole or in part, nor will any of the Consultant’s duties be de legated, without the City’s prior written consent. Any attempt to assign, transfer, or delegate this Agreement, in whole or any part, without the City’s prior written consent will be void and of no force or effect. Any consent by the City to one assignment, transfer, o r delegation will not be deemed to be consent to any subsequent assignment, transfer, or delegation.
14.6. Modifications. This Agreement may not be ame nded or modified orally. No amendment or modification of this Agreement is binding unless it is in a writing signed by both parties.
14.7. Waivers. No waiver of a breach, default, or duty under this Agreement will be effective unless it is in writing and signed by the party waiving the breach, default, or duty. Waiver of a breach, default, or duty under this Agreement will not constitute a continuing waiver or a waiver of any subsequent breach, default, or duty under this Agreement.
14.8. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding betwe en the parties concerning the Services. This Agreement supersedes all prior negotiations, agreem ents, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called f or in all. If any provision in any document attache d or incorporated into this Agreement conflicts or is inconsistent with a provision in the body of this Agreement, the provisions in the body of this Agreement will control over any such conflicting or inconsistent provisions.
14.9. Interpretation. Each party to this Agreement has had an opportunity to review the Agreement, and to consult with its respective legal counsel regarding the meaning of the Agreement. Accordingly, Civil Code Section 1654 will not apply to interpret any uncertainty in the meaning of the Agreement.
15. SIGNATURES.
15.1. Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.
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15.2. Signatures; Electronic Signatures. The indiv iduals executing this Agreement represent and warrant that they have the right, power, legal capa city, and authority to enter into and to execute th is Agreement on behalf of the respective legal entities of the Consultant and the City. The parties agree that this Agreement may be executed and transmitted elec tronically and that electronic signatures shall hav e the same force and effect as original signatures in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; the California Uniform Electronic Transactions Act, Civil Code Section 1633.1 et seq. and California Government Code Section 16.5.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the Effective Date set forth below.
CITY: CONSULTANT:
CITY OF NAPA, a California charter city MARK THOMAS & CO., a California corporation
By: By:
Julie B. Lucido, Public Works Director Sasha Dansky, Executive Vice President
Date:
(“ Effective Date ”)
COUNTERSIGNED:
Erika Leahy, City Auditor
APPROVED AS TO FORM:
Christopher Diaz, Interim City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE
1.0. SCOPE OF SERVICES. Consultant will perform the Services described in this Exhibit “A,” in accordance with the terms of the Agreement.
1.1. TYPE OF SERVICES The professional services may include, but are not limited to, the following activities conducted to industry standards:
• Public outreach/stakeholder outreach
• Preliminary and final engineering of the project o f streets, highways or building facilities • Environmental technical studies
• Environmental Document
• Environmentally sensitive areas
• Geotechnical/geology
• Street, highway & facility designs
• Pedestrian and bike path
• Risk register
• Landscaping
• Mapping including topography
• Street design, including repair/replacement of cur b, gutter, sidewalk, driveways, ramps, street trees, signs, pavement, etc.
• Facility design
• Structural analysis and design
• Geotechnical/geology work
• Traffic signal design
• Striping and signage analysis
• Traffic studies
• Storm drain infrastructure analysis and design, in cluding hydrology and hydraulic analysis • Erosion control and design of Best Management Prac tices • Floodplain analyses
• Mapping existing utilities and evaluating new/exis ting utility conflicts • Right-of-Way services including R/W engineering, a ppraisal and acquisitions for permanent and temporary easements
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• Permits from resource or other agencies as appropr iate • Constructability reviews
• Preparation of engineering plans, specifications a nd estimates (PS&Es) in City or other approved format, as appropriate
• Construction Support services including attendance at construction meetings, responses to requests for information, review of contract submittals, and evaluation of design changes during construction
2.0. SCHEDULE OF PERFORMANCE.
2.1. REQUESTS FOR SERVICES. Upon request by City, C onsultant will provide the Services described above, beginning on the Effective Date and ending three years from the Effective Date.
The Services will be provided for a variety of individual matters, as required by the City. Upon request by the City’s Authorized Representative for Consultant to perform Services for a particular matter, Consultant will provide a written estimate of the time within which Services for the matter will be completed, and the estimated cost for providing the requested Services. Following written authorization from the City’s Authorized Representative, Consultant will perform and complete the Services as specified in the written authorization. Consultant is not entitled to payment for any Services performed without a written authorization, or for Services that exceed the scope of a written authorization. For purposes of this Section, the written estimate and written authorization may be provided on paper or in an electronic form.
3.0. PREVAILING WAGE COMPLIANCE. If this Agreement includes work performed during the “design and preconstruction phases of construction” (including inspection or field surveying services), as defined by “Prevailing Wage Laws” (as set forth in the California Labor Code, including section 1720 et seq.), the City hereby determines that those Services are “public works,” and this Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, and all related regulations, including requirements pertaining to wages, working hours, and workers’ compensation insurance, and the following provisions. Subconsultants performing “public works” under this Agreement are subject to all of the requirements of this Section.
3.1. Prevailing Wages. Consultant must comply with the prevailing wage requirements applicable in Napa County for each craft, classification, or type of worker needed to perform the Services, including employer payments for health and welfare, pension, vacation, and apprenticeship.
The prevailing wage rates are on file with the City Engineer’s office and are also available online at http://www.dir.ca.gov/DLSR . Pursuant to Labor Code section 1775, Consultant w ill forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each such worker the difference between the applicable prevailing wage r ate and the amount actual paid to the worker.
3.2. Working Hours. Pursuant to Labor Code section 1810, eight hours of labor constitutes a legal day’s work. Pursuant to Labor Code section 1813, Co nsultant will forfeit to City as a penalty, the sum of $25 for each day during which a worker e mployed by Consultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such worker is paid overtime wages pursuant to Labor Code section 1815. All Services must be performed during City’s regular business days and hours, except as otherwise specified in this Agreement or subject to City’s prior written authorization.
3.3. Payroll Records. Consultant must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and any implementing r egulations promulgated by the Department of Industrial Relations (“ DIR ”). For each payroll record, Consultant must certif y under penalty of perjury that the information in the payroll is true and correct and complies with the requirements of Labor Code sections 1771, 1861, and 1815. Consultant must electronically ATTACHMENT 1
Services Agreement (Professional Services) Page 12 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
submit certified payroll records as required by Labor Code section 1771.4(a).
3.4. Apprentices. If the total compensation payabl e under this Agreement is $30,000 or more, Consultant must comply with the apprenticeship requirements in Labor Code section 1777.5.
3.5. Compliance. The Agreement is subject to compliance monitoring and enforcement by the DIR.
Pursuant to Labor Code section 1725.5, Consultant must be registered with the DIR to perform public works projects, subject to any applicable exceptions, if any. Consultant must post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4. Pursuant to Labor Code section 1861, by executing this Agree ment, Consultant certifies as follows: “I am aware of the provisions of Labor Code 3700 which require every employer to be insured against liability for workers’ compensation or to u ndertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing performance of the work on this contract.”
ATTACHMENT 1
Services Agreement (Professional Services) Page 13 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
EXHIBIT “B”
COMPENSATION RATES AND CHARGES
And
AUTHORIZED EXPENSES AND RATES
Engineering Surveying
Intern $60 - $105 Survey Technician I-III $65 - $185
Technician $95 - $135 Lead Survey Technician $145 - $165 Design Engineer I $120 - $175 Survey Specialist I-III $130 - $280 Design Engineer II $135 - $210 Asst Surveyor I-III $130 - $195 Sr. Technician $155 - $210 Project Surveyor I-III $190 - $295 Civil Engineering Designer $155 - $245 * Chief of Party $210 - $270 Project Engineer $155 - $225 * Instrumentperson $205 - $245 Sr. Project Engineer $195 - $280 * Chainperson $195 - $230 Sr. Technical Engineer $200 - $230 * Apprentice $125 - $195 Technical Lead $230 - $280 * 2-Person Crew $395 - $480
Sr. Technical Lead $265 - $335 * 3-Person Crew $560 - $710 CADD Manager $220 - $260 * Ut ility Locator $195 - $265 Design Manager $350 - $390
Engineering Manager $350 - $390 Project Management & Oversight Sr. Engineering Manager $365 - $495 Project Manager $175 - $310 Sr. Project Manager $240 - $365
Construction Management Survey Manager I-II $230 - $300 Office Engineer $165 - $265 SUE Program Manager $280 - $315 * Asst. Resident Engineer $170 - $250 Division Manager $270 - $445 * Sr. Inspector - CM $185 - $260 Principal $480 - $525
* Inspector - CM $150 - $275
Resident Engineer $255 - $335 Project Support
Sr. Resident Engineer $300 - $370 Technical/Sr. Technical Writer $115 - $160 Construction Manager $255 - $295 Project/Sr. Project Assistant $85 - $185 Area Manager - CM $280 - $325 Survey Coordinator $115 - $120 Project/Sr. Project Coordinator $125 - $205
Planning Graphic/Sr. Graphic Designer $125 - $220
Planner I $105 - $140 Project/Sr. Project Accountant $120 - $185 Economist $135 - $160 Sr. Graphic Manager $195 - $260
Planner II $140 - $170 Project Delivery Manager $210 - $235 Sr. Planner $165 - $230 Project Accountant Manager $230 - $260 Safety Manager $245 - $250
Landscape Architecture/Urban Design
Landscape Intern $80 - $95 District Management
Landscape Designer I $100 - $125 * Inspector - Apprentice $95 - $100 Landscape Designer II $120 - $160 * Inspector/Sr. Inspector $95 - $175 Landscape Architect $155 - $180 * Lead Inspector $135 - $155 Sr. Landscape Architect $175 - $200 Assistant/Associate Sanitary Engineer $150 - $210 Sanitary/Sr. Sanitary Project Engineer $190 - $270
Grant Writing Operations/Deputy District Manager $240 - $345 Funding Specialist $135 - $230 District Manager-Engineer $350 - $390 Sr. Funding Specialist $225 - $260
Funding Manager $325 - $380 Special Services
Expert Witness $550
Strategic Consulting $550
MARK THOMAS & COMPANY, INC. RATE SCHEDULE
EXPIRES JUNE 30, 2026
Reimbursables including, but not limited to; reproductions, delivery and filing fees; outside consultant fees; and survey field expenses will be billed at Cost Plus 5% . Mileage will be billed per current IRS Rate.
Additional promotional steps exist within various rate categories.
This rate schedule expires June 30, 2026; rates are subject to escalation with new hourly rate schedule as of July 1, 2026. * These charge rates are subject to Prevailing Wage laws and Union contract.
ATTACHMENT 1
Services Agreement (Professional Services) Page 14 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
ATTACHMENT 1
Services Agreement (Professional Services) Page 15 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
Professional Fees
Fees Effective January 1, 2025
Personnel Classification Hourly Billing Rate
Principal $ 355–400
Senior Associate Ecologist $ 325
Associate Ecologist $ 296
Senior Ecologist 2 $ 265
Senior Ecologist 1 $ 233
Ecologist 2 $ 204
Ecologist 1 $ 178
Field Biologist 2 $ 152
Field Biologist 1 $ 127
Senior GIS Analyst $ 233
GIS Analyst $ 178
Technical Editor $ 155
Senior Technical Support $ 152
Technical Support $ 127
Clerical Support $ 100
Deposition and Testimony Two times standard rate
Subcontractual Consultants Cost plus 10%
Direct Expenses Cost plus 10%
Transportation Current IRS Federal
Standard Mileage Rate
(70¢ / mile as of January 2025)
Travel (Cost plus 10%) ~ $284/day (based on
federal per diem rate)
Field Equipment Operation Variable
GIS Computer Graphics $10/hr surcharge
Billing rates are subject to annual increases and will be adjusted at the beginning of each calendar year.
ATTACHMENT 1
Services Agreement (Professional Services) Page 16 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
PROJECT MANAGEMENT HOURLY RATE REIMBURSABLES RATE
Principal 275.00$ Mileage $ 0.74 / Mile
Senior Project Manager 255.00$ Vehicle Charge $ 25.00 / Day Project Manager II 245.00$ Outside Costs 15% Markup Project Manager I 210.00$ Permit Fees (City/County) 15% Markup Per Diem (Lodging & Meals) $ 350 / Day
ENGINEER / GEOLOGIST HOURLY RATE Rush Lab Testing 50% Markup Senior Engineer II 225.00$
Senior Engineer I 205.00$ ENGINEERING FIELD EQUIPMENT RATE DETAIL Senior Geologist 180.00$ Backfill 9.00$ Bag
Project Engineer III / Geologist III 180.00$ Core Box 18.00$ Each Project Engineer II / Geologist II 160.00$ Core Machine Bit 3.00$ Inch Project Engineer I / Geologist I 150.00$ Core Machine with Generator 2,700.00$ Day Staff Engineer / Geologist 140.00$ Hand Auger 210.00$ Day Drafter 125.00$ Hot Mix Asphalt Patching (1st Core) 1,050.00$ First Hot Mix Asphalt Patching (2 or More) 500.00$ Each After PROJECT SUPPORT HOURLY RATE Percolation/Infiltration Testing Equipment 210.00$ Day Project Coordinator 135.00$ Steel Liners (MCAL) 12.00$ Each Administrative Assistant 115.00$ Survey Equipment (Liquid Level) 155.00$ Day Survey Equipment (Tripod, Level, Rod) 155.00$ Day MATERIALS TESTING & CONSTRUCTION SERVICES HOURLY RATE Traffic Control - Major (Non DBE, Non-PW) 1,750.00$ Day Construction Services Director 255.00$ Traffic Control - Minor (Non-DBE, Non-PW) 735.00$ Day Special Inspector 138.00$ Traffic Control Equipment (Shoulder signs, cone s 210.00$ Day Senior Technician 120.00$ Traffic Control Sign Board 650.00$ Day Staff Technician 110.00$ Wildcat DCP Equipment 785.00$ Day Wildcat DCP Tip 21.00$ Each
PREVAILING WAGE HOURLY RATE
Group 1 - Special Inspector I (Masonry) 200.00$ SEISMIC ANALYSIS RATE DETAIL Group 2 - Special Inspector II ( Welding) 195.00$ EZ Frisk Software Use 2,350.00$ Per Location Group 2 and 3 - Laborer Technician 145.00$ Seismic Survey Equipment (24 channel) 1,835.00$ Day Group 3 - Soils/Asphalt Technician 185.00$ Seismic Data Processing (1dS) 145.00$ Per Line Group 4 - Concrete Technician 175.00$ Seismic Data Processing (2dS) 450.00$ Per Line Seismic Data Processing (2dS w/CA Stamp) 1,375.00$ Per Line
WORKING HOURS AND PREMIUM TIME RATE
MATERIALS TESTING EQUIPMENT Rate Detail
Concrete Testing Equipment (Slump, Unit Wt, Air) 65.00$ Day Torque Wrench 25.00$ Day
Bolt tensioning Device - Skidmore 65.00$ Day 4x8 Cylinder Mold 10.00$ Ea
6x12 Cylinder Mold 12.00$ Ea
Proof Load Ram and Pump 55.00$ Day
Sand Cone Equipment 7.00$ Ea
Moisture Emission Test Kit 75.00$ Ea
NDT Weld Testing Equipment UT/MT/PT 75.00$ Day Nuclear Density Guage 25.00$ Day
CRAWFORD & ASSOCIATES - 2025 FEE SCHEDULE
EXPIRES DECEMBER 31, 2025
115% Above
Hourly Rate
A Regular Workday is defined as the fi rst 8 hours between 6am and 6pm, Monday through Friday.
Standard Overtime: Weekdays & Saturdays (first 8 hours) 150% Above Hourly Rate
Overtime: Saturdays (over 8 hours); Sunday (first 8 hours) 200% Above Hourly Rate
Overtime: Sundays (over 8 hours) and Holidays 300% Above Hourly Rate
Night Shift is defined as a shift starting after 2pm and before 4am Annual Rate Increase Crawford & Associates, Inc. anticipates an hourly rate increase 5% effective Jan 1st of each new year without prior notice. For projects that span multiple years, an updated rate schedule will be sent with the first invoice that reflects the annual increase.
ATTACHMENT 1
Services Agreement (Professional Services) Page 17 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
EARTH MECHANICS, INC.
FEE SCHEDULE
August 2025 – June 2026
City of Napa
On-Call Engineering Services
* Non-exempt staff subject to overtime pay per California law.
Reimbursable expenses including, but not limited to, drilling, traffic control, waste disposal, specialty testing, and private utility location services will be reimbursed at actual cost with supporting invoice.
Charges invoiced for travel, lodging, and subsistence shall not exceed the current Caltrans rates.
Classification Fully Burdened
Hourly Rate
Principal/Senior Consultant 312.00$
Senior Principal Engineer/Geologist 311.00$
Principal Engineer/Geologist 241.00$
Senior Engineer/Geologist 231.00$
Senior Project Engineer/Geologist 179.00$
Project Engineer/Geologist 178.00$
Senior Staff Engineer/Geologist 158.00$
Staff Engineer/Geologist 124.00$
Senior Technician 160.00$
Technician I* 89.00$
Project Analyst/Controls 142.00$
ATTACHMENT 1
Services Agreement (Professional Services) Page 18 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
Fehr & Peers reserves the right to change these rates at any time with or without advance notice.
2025 - 2026
( J uly 2 0 25 through June 202 6)
HHoouurrllyy BBiilllliinngg RRaatteess
CCllaassssiiffiiccaattiioonn HHoouurrllyy RRaattee
Princ ip al $2 80 .0 0 - $4 60. 00
Senior A ssociate $2 4 0. 00 - $335 .0 0
A ssociate $2 15.0 0 - $2 90 .0 0
Senior Engineer/Planner $ 165.0 0 - $2 40 .0 0
Engineer/Planner $140 .0 0 - $20 0 .0 0
Seni or E ngi neeri ng Techni ci an $160 .0 0 - $2 55.0 0 Senior Project Accountant $ 12 5 . 0 0 - $1 90. 00
Senior Project Coordinator $135 .0 0 - $225.0 0
Project Coordinator $120 .0 0 - $190 .0 0
Te c hnic ian $155.0 0 - $19 5.0 0
In t e rn $1 00. 00 - $160. 00
• Other Direct Costs / Reimbursable Expenses are invoiced at cost plus 10% for handling.
• Personal auto mileage is reimbursed at the current IRS approved rate (70 cents per mile as of Jan 2025).
• Technology & Security Fee (software licensing, hardware upgrades, secure data storage, etc.) are invoiced and calculated as a percentage of monthly project labor .
• Overtime is paid at 1.5 x the regular rate of pay for more than 8 hours in one work day, more than 40 hours in any one workweek, and the first 8 hours worked on the 7 th day of work in any one workweek. Overtime is paid at 2x the regular rate of pay for more than 12 hours in one day, and more than 8 hours on any 7th day of a work week.
ATTACHMENT 1
Services Agreement (Professional Services) Page 19 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
MONUMENT
2025 HOURLY RATE SCHEDULE
Right of Way Management & Implementation
Principal $310.00 per hour
Project Director $250.00 per hour
Program Manager $230.00 per hour
Senior Project Manager / Sr. Utility Project Manager $220.00 per hour ROW Project Manager 2 / Utility Project Manager 2 $200.00 per hour ROW Project Manager 1 / Utility Project Manager 1 $170.00 per hour Utility Coordinator $140.00 per hour
Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst $150.00 per hour Acquisition Agent 2 / Relocation Agent 2 / Property Manager $130.00 per hour Acquisition Agent 1/ Relocation Agent 1 $120.00 per hour Senior Project Coordinator $135.00 per hour
Project Coordinator 2 $120.00 per hour
Project Coordinator 1 $110.00 per hour
Senior Project Analyst $150.00 per hour
Project Analyst 2 $135.00 per hour
Project Analyst 1 $110.00 per hour
Researcher $95.00 per hour
Project Support / Administrative
Professional Staff $90.00 per hour
Project Controller 2 $105.00 per hour
Project Controller 1 $80.00 per hour
Project Support Specialist 3 $100.00 per hour
Project Support Specialist 2 $90.00 per hour
Project Support Specialist 1 $80.00 per hour
The above hourly rates are exclusive of local travel/mileage, photocopying, first class postage and overnight courier service . These expenses including out-of-pocket expenses such as pre -approved travel and lodging, outside exhibit preparation, requested o vernight courier or registered ATTACHMENT 1
Services Agreement (Professional Services) Page 20 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
s
Services Houlry Rate Night/OT
Rate
Emergency
Rate
Project Management $210
Project Coordination $158
Utility Foreman $205
Licensed Professional (Civil / Surveyor ) $215
LiDAR / UAV / Data Processing and Extraction $137
CAD Technician $125
Reports / Sketches / Clerical $125
Administrative Support $125
Data Processing and Extraction $142
Utility Location & Gas Transmission Standby
1-Person Utility Designation w/ GPR & EM Pipe Locator $205 $410 $410 2-Person Utility Designation w/ Multi Antenna GPR $410 $819 $819 1-Person Gas Transmisson Stand by w/truck and equipment $215 $431 $431 Potholing, Saw Cutting and Vacuum Excavation
2-Person Utility Potholing w/ air vacuum truck $429 $644 $859 1-Person Utility Potholing w/ hydro vacuum truck $343 $515 $687 2-Person Utility Potholing w/ hydro vacuum truck $429 $644 $859 2-Person Key Hole & Surface Restoration w/ equipment $347 $520 $693 1-Person Dump Truck Crew w/equipment $257 $386 $515
1-Person Saw Cutting Crew w/ Equipment $220 $330 $440
2-Person Saw Cutting Crew w/ Equipment $347 $521 $694
Traffic Control
1-Person Traffic Control w/ arrow truck $175 $262 $349
2-Person Traffic Control w/ arrow truck $280 $421 $561
1-Person Flagger / TC Helper $158 $237 $316
GPR Concrete Scanning and Coring
1-Person GPR Concrete Scanning w/ equipment $210 $315 $420 1-Person GPR Concrete Scanning w/ equipment Prevailing Wage $281 $422 $563 1-Person Coring w/ equipment $175 $262 $349
1-Person Coring w/ equipment Prevailing Wage $184 $276 $368 CCTV Camera – Video Inspection
2-Person CCTV Pipe Inspection w/ Main Line Crawler Unit $361 $542 $722 2-Person CCTV Pipe Inspection w/ Lateral Line Push Unit $350 $524 $699 2-Person Hydro Flushing w/ hydro vacuum truck $429 $644 $859 Surveying and Mapping
1-Person Survey Crew - GPS / Robotic / 3D Scanner $223 $335 $447 2-Person Survey Crew - GPS / Robotic / 3D Scanner $318 $477 $636 2-Person Survey Crew - Mobile LiDAR Scanner $394 $591 $788 2-Person Survey Crew - UAV Data Collection $318 $477 $636 Additional Cost
1-Person Utility Support Truck $175 $262 $350
1-Person General Labor Hourly Rate $175 $263 $351
1-Person Operator Hourly Rate $194 $291 $389
1-Person Utility Truck Mobilization Rate $125
Air/hydrovac Utility Truck Mobilization Rate $315
CCTV Specialty Utility Truck Mobilization Rate $315
Traffic Control Plans – non-stamped (per sheet) $420
Traffic Control Plans – Stamped (per sheet) $630
Mileage, if applicable Current IRS Rate
Lodging and meals, applies when over 50 miles Current GSA Rate Remote Hose Per 25' Section (3" 4" or 6" 10") $30/Each
Off site disposal of Non-Hazardous Material $1,200/Load Off-Road Vehicle Rental Cost +10%
Outside reproductions, shipping, services and consultants Cost +10% Cost of specialty field supplies,rental equipment, bridge tolls etc. Cost +10% Conditions
Work site must be safe and prepared in advanced prior to scheduleing our crews (if managed by client) Show up cost is a 4 hour minimum per our houlry rates (Per National Pipe Line agreement) Minimum charge is 4 hours
Over time applies after eight hours of work on site and weekends Emergencies and Sundays are double time Rates above apply to day shift (typical BESS day shift hours are 7:00 AM to 3:30 PM).
Night rate applies outside of normal shift hours.
Overtime after 8hrs on site up to 12hrs and Saturdays
Overtime after 12hrs, Emergency,Sundays and Holidays
5% escalation applies for multi year contracts
NOTE: Rates are portal to portal from our nearst office. Mobilization may apply for distances further than 50 miles from neares t office.
Hayward (Corporate) | Fresno | Los Angeles | Sacramento | F. (408) 988-0101 Utility Locating - Ground Penetrating Radar (GPR) - Electromagnetic Pipe Locators Structural Concrete Scanning - Potholing Vacuum Excavation - CCTV Pipe Inspection Mobile LiDAR Scanning - 3D Scanning - 3D Utility Mapping - Gas Standy by - www.besstestlab.com DBE 34267 - CSLB 817532 - DIR 1000007058 - MBE 1208095 - SBE 38052 - SLEB 18-00111 - ISN 400231830 BESS Utility Solutions Rate Schedule 2025
ATTACHMENT 1
Services Agreement (Professional Services) Page 21 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
Rincon Consultants, Inc.
Effective January 1, 2025
Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical
and Support Personnel*
Hourly Rate
January 1 –
December 31, 2025
January 1 –
December 31, 2026
January 1 –
December 31, 2027
Senior Principal $330 $342 $354
Principal $318 $329 $341
Director $318 $329 $341
Senior Supervisor II $302 $313 $324
Supervisor I $282 $292 $302
Senior Professional II $264 $273 $283
Senior Professional I $246 $255 $264
Professional IV $218 $226 $234
Professional III $203 $210 $217
Professional II $180 $186 $193
Professional I $160 $166 $172
Associate III $135 $140 $145
Associate II $121 $125 $129
Associate I $113 $117 $121
Field Technician $97 $100 $104
Technical Editor $152 $157 $162
Project Accountant $129 $134 $139
Billing Specialist $111 $115 $119
Publishing Specialist $124 $128 $132
Clerical $111 $115 $119
* Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, data technology experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $400.
Reimbursable Expenses
Direct Cost Rates
Photocopies – B/W $0.25 (single-sided), $0.45 (double-sided) Photocopies – Color $1.55 (single-sided), $3.10 (double-sided) Photocopies – 11” by 17” $0.55 (B/W), $3.40 (color)
Oversized Maps $8.50/square foot
Digital Production $15/CD, $20/flash drive
Light-Duty and Passenger Vehicles* $90/day
4WD and Off-Road Vehicles* $150/day
*Current IRS mileage rate for mileage over 50 and for all miles incurred in employee-owned vehicles.
Other Direct Costs. Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 16%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.
Annual Escalation. Standard rates subject to 3.5% annual escalation, on January 1..
Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within 10 days from receipt or per the contractually requi red payment terms.
ATTACHMENT 1
Services Agreement (Professional Services) Page 22 of 22 Form 2.1.2 (2024-08-29) On-Call Engineering and Multidisciplinary Services
Actual or Avg. % or $ increase Ranges
Straight OT(1.5x) OT(2x) hourly rate3
Senior Managing Principal $346.50 N/A N/A 8/1/2025 6/30/2026 $330.00 5.00% $290.00 - $370.00 Exempt $363.83 N/A N/A 7/1/2026 6/30/2027 $346.50 5.00% $304.50 - $388.50 $382.02 N/A N/A 7/1/2027 6/30/2028 $363.83 5.00% $319.73 - $407.93 Senior Principal/Principal $288.75 N/A N/A 8/1/2025 6/30/2026 $275.00 5.00% $250.00 - $300.00 Exempt $303.19 N/A N/A 7/1/2026 6/30/2027 $288.75 5.00% $262.50 - $315.00 $318.35 N/A N/A 7/1/2027 6/30/2028 $303.19 5.00% $275.63 - $330.75 Senior Project Manager $267.75 N/A N/A 8/1/2025 6/30/2026 $255.00 5.00% $240.00 - $270.00 Exempt $281.14 N/A N/A 7/1/2026 6/30/2027 $267.75 5.00% $252.00 - $283.50 $295.19 N/A N/A 7/1/2027 6/30/2028 $281.14 5.00% $264.60 - $297.68 Project Manager $236.25 N/A N/A 8/1/2025 6/30/2026 $225.00 5.00% $200.00 - $250.00 Exempt $248.06 N/A N/A 7/1/2026 6/30/2027 $236.25 5.00% $210.00 - $262.50 $260.47 N/A N/A 7/1/2027 6/30/2028 $248.06 5.00% $220.50 - $275.63 Senior Associate $196.88 N/A N/A 8/1/2025 6/30/2026 $187.50 5.00% $180.00 - $195.00 Exempt $206.72 N/A N/A 7/1/2026 6/30/2027 $196.88 5.00% $189.00 - $204.75 $217.05 N/A N/A 7/1/2027 6/30/2028 $206.72 5.00% $198.45 - $214.99 Associate $178.50 $267.75 $357.00 8/1/2025 6/30/2026 $170.00 5.00% $160.00 - $180.00 Non-Exempt $187.43 $281.14 $374.85 7/1/2026 6/30/2027 $178.50 5.00% $168.00 - $189.00 $196.80 $295.19 $393.59 7/1/2027 6/30/2028 $187.43 5.00% $176.40 - $198.45 Assistant/Coordinator $157.50 $236.25 $315.00 8/1/2025 6/30/2026 $150.00 5.00% $135.00 - $165.00 Non-Exempt $165.38 $248.06 $330.75 7/1/2026 6/30/2027 $157.50 5.00% $141.75 - $173.25 $173.64 $260.47 $347.29 7/1/2027 6/30/2028 $165.38 5.00% $148.84 - $181.91 Art Director $207.38 N/A N/A 8/1/2025 6/30/2026 $197.50 5.00% $185.00 - $210.00 Exempt $217.74 N/A N/A 7/1/2026 6/30/2027 $207.38 5.00% $194.25 - $220.50 $228.63 N/A N/A 7/1/2027 6/30/2028 $217.74 5.00% $203.96 - $231.53 Sr Graphic/Web Designers $170.63 $255.94 $341.25 8/1/2025 6/30/2026 $162.50 5.00% $150.00 - $175.00 Non-Exempt $179.16 $268.73 $358.31 7/1/2026 6/30/2027 $170.63 5.00% $157.50 - $183.75 $188.11 $282.17 $376.23 7/1/2027 6/30/2028 $179.16 5.00% $165.38 - $192.94 Sr. Project Accountant $241.50 N/A N/A 8/1/2025 6/30/2026 $230.00 5.00% $150.00 - $310.00 Exempt $253.58 N/A N/A 7/1/2026 6/30/2027 $241.50 5.00% $157.50 - $325.50 $266.25 N/A N/A 7/1/2027 6/30/2028 $253.58 5.00% $165.38 - $341.78 Admin/Clerical $173.25 $259.88 $346.50 8/1/2025 6/30/2026 $165.00 5.00% $150.00 - $180.00 Non-Exempt $181.91 $272.87 $363.83 7/1/2026 6/30/2027 $173.25 5.00% $157.50 - $189.00 $191.01 $286.51 $382.02 7/1/2027 6/30/2028 $181.91 5.00% $165.38 - $198.45 From To
CIRCLEPOINT
2025-25 - Time and Material Rates
BILLING INFORMATION CALCULATION INFORMATION
Hourly Billing Rates2 Effective date of hourly rateName/Job Title/Classification1 ATTACHMENT 1