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CITY OF SAN CLEMENTE
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and BKF ENGINEERS, a CALIFORNIA CORPORATION, with its principal place of business at 2100 FRANKLIN STREET SUITE 4C, OAKLAND, CA 94612 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional Storm Water Resources and Water Quality Design consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Storm Water Resources and Water Quality Design consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional Storm Water Resources and Water Quality Design consulting services for the POCHE BEACH WATER RECLAMATION PROJECT DIVERSION DESIGN PROJECT ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Storm Water Resources and Water Quality Design consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.
All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from APRIL 16, 2025 to DECEMBER 15, 2026, or until the work is completed to the City’s satisfaction. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The $WWDFKPHQW
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Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.
3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.
3.2.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.
3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
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3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: DANIEL VILLINES, SENIOR PROJECT MANAGER (PROJECT MANAGER); ROGER CHUNG, ASSOCIATE PRINCIPAL (PROJECT ENGINEER); AND DENNIS BORATYNEC, PRINCIPAL ENGINEER (GEOTECHNICAL ENGINEER).
3.2.7 City's Representative. The City hereby designates DAVID REBENSDORF, PUBLIC WORKS DIRECTOR, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.8 Consultant's Representative. Consultant hereby designates DANIEL VILLINES, SENIOR PROJECT MANAGER (PROJECT MANAGER), or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").
Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.9 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.10 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely 4927-1447-8132 v1 4
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completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed TWO HUNDRED SEVENTY-NINE THOUSAND FOUR HUNDRED FORTY DOLLARS ($279,440) without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized in writing, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set 4927-1447-8132 v1 5
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forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless previously authorized in writing by City, or included in Exhibit "D" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”
3.3.6 Labor Code Requirements.
3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, 4927-1447-8132 v1 6
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documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: BKF ENGINEERS
4675 MACARTHUR CT #400
NEWPORT BEACH, CA 92660
ATTN: DANIEL VILLINES, SENIOR PROJECT
MANAGER
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: LAURA CAMPAGNOLO, CITY CLERK and NIKI
BEACH, ENVIRONMENTAL PROGRAMS ANALYST
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in 4927-1447-8132 v1 7
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any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, 4927-1447-8132 v1 8
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employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
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3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City, state and federal grant requirements and related programs, policies and guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.
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3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.
CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 20____
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
BKF ENGINEERS, A
CALIFORNIA CORPORATION
(“CONSULTANT”)
By:_____________________________
Gregory Hurd, CEO
Dated: __________________, 20____
By:_____________________________
Brian Scott, Secretary
Dated: __________________, 20____
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall perform the following services (collectively, the “Services”) under this Agreement to the City’s satisfaction:
Task 1 – Field Survey
The Consultant shall attend one meeting with the City to kick off the contract and review survey limits with City staff.
The Consultant shall research, compile, and review existing survey control and mapping data from the City and County sources, and use field crews to establish control and gather field data required for the preparation of topographic maps of the two diversion sites and potential pipeline alignments to the PCBP.
The consultant shall compile mapped survey data to create a project site topography map at a scale of 1” = 20’ with 1-foot contours, and use field crews to survey the location of key features visible within the project limits including dipping storm drain and sewer manholes. These features will be depicted on the final topography map of the project site.
Right-of-way limits will be included in the map based on the subdivision and/or title information provided by the City and/or obtained by Consultant. Visible features along the alignment that could possibly be affected by construction activities will be recorded. The Consultant’s project manager will conduct a field review following the topographic mapping to clarify any ambiguous information in the mapping or to record physical features that were not captured by the survey.
Deliverable:
x Topographical Base Mapping with Recorded Right-of-Ways Task 2 – Preliminary Design 30%-Level Plans for Two (2) Alternatives The Consultant shall conduct up to two meetings with City staff to discuss the preparation of the 30%-level plans. The Consultant shall conduct necessary review of project data, maps, and records to manage and prepare 30%-level plans and preliminary cost opinions for two alternatives to accomplish the proposed diversions and conveyances. The plans shall be prepared on standard City title block and depict the facilities in plan and profile view. The plans shall depict the major components of the Project including points of connection, sediment control features, trash capture devices, shutoff valves, check valves, and pumps.
The Consultant’s subconsultant, CWE, shall prepare plans for pumps and pressurized conveyances. Hydraulic analyses shall be performed with software acceptable to the City, and OCPW for proposed improvements to their facilities. The Consultant and/or Subconsultant shall identify existing pre-Project features that will be affected by the Project and note their dispositions.
Each of two 30%-level plans prepared by the Consultant will explore one project design alternative The consultant shall submit the two 30%-level plans and preliminary cost opinions for each alternative to the City for review and comment, and for direction from the City on its preferred alternative for the Consultant to develop further.
Deliverables:
x Preliminary Design 30%-Level Plans for Two (2) Alternatives x Title Sheet (2)
x Right-of-Way Map (2)
x Plan Layout Sheets (4)
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x Detail Sheets (2)
x Preliminary Cost Opinion (2)
Task 3 – Geotechnical Investigation
The Consultant’s geotechnical subconsultant, LGC, will review the readily available background materials, including published geologic maps, groundwater data, topographic maps, stereoscopic aerial photographs, and project-related reports and/or plans provided by the City. The subconsultant LGC shall conduct a field reconnaissance to mark the proposed boring locations for utility clearance and coordination with Underground Service Alert and will prepare a permit application for drilling in the City right-of-way if deemed necessary.
The subconsultant LGC shall utilize up to two (2) small-diameter borings to evaluate the subsurface conditions for the Project. Each boring will be drilled to a depth of approximately 15- 20 feet. The borings will be backfilled with the displaced soil and patched with cold-patch asphalt.
If the boring sites or staging areas encroach onto City or other publicly available streets and/or sidewalks in any significant manner, the Consultant and/or subconsultant LGC shall prepare a traffic control plan for City review and approval.
The subconsultant LGC shall prepare a geotechnical evaluation report that will present the findings, conclusions, and recommendations for design and construction of the proposed improvements. The findings will include recommendations for foundation preparation, trenching, and backfill with native soils. The findings will also identify groundwater depths and concerns.
Deliverable:
x Geotechnical Investigation Report
Task 4 – 60%-Level Plans, Specifications, and Estimates During this task, the Consultant will conduct two (2) meetings with the City to coordinate on preparation of the following deliverables.
The Consultant will manage and prepare the 60%-level PS&E documents based on the preferred alternative selected by the City in Task 2. The Consultant will transmit the final 30%-level plans to each of the utility providers that provide service within the vicinity of the project, with a notification letter, project description, and a set of the 30%-level plans, and shall incorporate all important utility details into the 60%-level plans.
The 60%-level drawings will define the horizontal and vertical footprint of the proposed diversion facilities with additional details regarding alignment and construction details. The 60%-level plans will be prepared on City title block and will include a title sheet and plan and profile sheets. The Consultant’s subconsultant CWE will prepare related plans for pumps and pressurized conveyances. The 60%-level plans will be reviewed with City staff in order to explain engineering and construction related impacts associated with the Project. City comments will be incorporated into the plans during the preparation of the 90%-level plans for the Project.
The 60%-level submittal package will include a draft set of specifications prepared in accordance with the standard city format. The package will also include a quantity estimate and an opinion of probable construction cost for the Project based on the content of the 60%-level plans.
Deliverables:
x Title Sheet
x Right-of-Way Map
x Utility Base Map
x Plan & Profile Sheets
x Detail Sheets
x 60%-Level Cost Opinion
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x Draft Specifications
Task 5 – 90%-Level Plans, Specifications, and Estimates During this task, the Consultant will conduct two (2) meetings with the City to coordinate on preparation of the following deliverables.
The Consultant will consider all City feedback and advance the 60%-level plans to a 90%-level of completion, and include structural analyses and construction details for the Project. The structural design shall comply with Caltrans and OC Public Works methodology and criteria as applicable to the structure’s location. The 90%-level plans will comprise a complete plan set for the project including all construction-level details for the proposed improvements.
The Consultant will include in the 90%-level plan set a final draft version of the technical specifications, and an engineer’s estimate for the Project. The technical specifications will contain information pertaining to the materials and workmanship for the various Project elements. The engineer’s estimate will include a breakout of construction items for the Project, their corresponding estimated unit costs, and the total estimated construction cost for each item. A total estimated construction cost for the Project will be included at the bottom of the estimate.
Deliverables:
x 90%-Level Plans, Specifications, and Estimates
x Title Sheet
x Sheet Index and Construction Note Sheet
x Right-of-Way Map
x Utility Base Map
x Plan & Profile Sheets
x Detail Sheets
x Structural Detail Sheet
x 90%-Level Cost Opinion
x 90%-Level Bid (Specifications) Package
Task 6 – Final Plans, Specifications, and Estimates
The Consultant shall actively participate in a document review session with the City to present the 90%-level plans, technical specifications, and the engineer’s estimate. Comments issued by the City shall be incorporated into these documents for the production of final plans and final technical specifications.
The Consultant shall also revise the engineer’s estimate as needed to maintain consistency with the final plans. The Consultant shall also prepare a specification bid sheet, consisting of the list of decided upon construction work items, their respective quantities, and blank boxes for completion by the construction contractor(s) that may bid on the project, consisting of the work item unit price and work item total bid price.
Deliverables:
x Final Plans, Specifications, and Estimates
x Title Sheet
x Sheet Index and Construction Note Sheet
x Right-of-Way Map
x Utility Base Map
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x Plan & Profile Sheets
x Detail Sheets
x Structural Detail Sheet
x Final Cost Opinion
x Final Bid Package
Task 7 – Bid and Construction Support Services
Following release of the Invitation for Bids (IFB) by the City, the Consultant shall be available to attend the Project construction pre-bid meeting, and address questions raised by prospective contractors regarding the technical specifications and the design drawings during the bidding process. The Consultant will also assist the City in preparing addenda to the Bid Specifications delivered in Task 6 above, if required. Once a construction contract is awarded by the City, the Consultant shall participate in construction support services, if and when requested by the City.
Such support services may include, but are not limited to, participation in on-site meetings, review of shop drawings, and review material submittals, and also the review and preparation of written responses to requests for information (RFI’s) that may be made by the contractor during Project construction. The Consultant shall also prepare as-built record drawings that reflect the in-place improvements and include all revisions to the plans that are made and recorded by the contractor during the course of construction.
Deliverables:
x IFB Addendum(a), if and when requested by the City
x RFI Response(s), if and when requested by the City
x As-built record drawings
Task 8 – Support Services for Securing Environmental and Regulatory Permits If and when requested by the City, the Consultant will provide on-call engineering supporting services for the acquisition of regulatory permits, including encroachment permits and Coastal Development and other environmental permits, required for the construction of the Project facilities. These services may include the preparation of non-engineering illustrative graphics to simplify the presentation of key features of the Project, providing measurements of affected jurisdictional areas, writing technical responses to questions asked during permit application processing, and attending meetings to answer technical questions. These services may also include the development of preliminary alternatives for future Project modifications that will replace the current Poche Clean Beach Project, and/or redirect the conveyance of diverted and treated water to the City’s Water Reclamation Plant or the JB Latham Treatment Plant. This task will be limited to the budget provided within this agreement.
Deliverable:
x Support Services for Securing Environmental and Regulatory Permits 4927-1447-8132 v1 1
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EXHIBIT "A-I"
FEDERALLY REQUIRED PROVISIONS FOR SERVICES
Not Applicable to Design Phase of Poche Beach Water Reclamation Project
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EXHIBIT "B"
SCHEDULE OF SERVICES
Consultant shall diligently perform the Services under this Agreement to the City’s satisfaction according to the timeframes and schedule requested by the City. 55452.01100\31193624.5 4927-1447-8132 v1
EXHIBIT “C”
INSURANCE REQUIREMENTS
3.2.12 Insurance.
3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 55452.01100\31193624.5 4927-1447-8132 v1
business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 55452.01100\31193624.5 4927-1447-8132 v1
insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.12.12 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”
COMPENSATION
In complete compensation for the Services provided under this Agreement, the City shall pay the Consultant on a TIME AND MATERIALS BASIS AT THE HOURLY RATES listed below for actual work performed. Consultant shall submit detailed invoices reflecting work actually performed on a monthly basis in a form acceptable to the City.
Total compensation under this Agreement, including reimbursable expenses, shall not exceed a total of $279,440. Additional work shall require approval in writing in advance by the Department Director or the City Manager.
Reimbursable expenses shall be limited to printing, mileage, and aerial photogrammetry up to and not to exceed $3,900.
\\Bkf-nb\vol4\2024\242278_San_Clemente_Poche_Beach_Water_Reclamation\DOC\00-Pursuit\B-Proposal\07-Fee\Poche_Fee_WBS_Rev.xls 3/18/2025 City of San Clemente
Poche Beach Water Reclamation Project
Diversion Design Project
ESTIMATED FEES & EXPENSES
BKF Engineers CWE DCDG LGC Geotechnical
Task Description
No. of
dwgs
SPM SPE DE S-Chief S-Inst SPM PE DE EPE PR SGE GE CL Total Fees Expenses Task Total hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs Fees hrs Fess TASK 1 Field Survey 20 16 16 52 $11,892 $2,900 52 $14,792 TASK 2 Preliminary Design 30%-Level Plans for 2 Alts. 12 24 64 16 32 40 24 200 $44,728 200 $44,728 TASK 3 Geotechnical Investigation 8 8 40 24 4 84 $15,940 84 $15,940 TASK 4 60%-Level Plans, Specifications, and Estimate 7 16 80 24 32 40 40 232 $50,240 232 $50,240 TASK 5 90%-Level Plans, Specifications, and Estimate 10 16 80 24 32 40 40 32 264 $54,240 264 $54,240 TASK 6 Final Plans, Specifications, and Estimate 10 8 24 8 16 21 21 4 102 $21,780 $500 102 $22,280 TASK 7 Bid and Construction Support Services 75 25 100 $26,500 $500 100 $27,000 TASK 8 Support Services for Securing Environmental and Regulatory 80 40 76 196 $50,220 196 $50,220 Permits
GRAND TOTAL HOURS 247 288 72 16 16 213 141 125 36 8 40 24 4 1230 1,230 GRAND TOTAL FEES $65,455 $63,936 $12,240 $3,552 $3,040 $56,445 $31,302 $21,250 $4,500 $2,000 $7,800 $3,720 $300 $275,540 $3,900 $279,440
BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE
Poche Beach Water Reclamation Project Diversion Design Project
CLASSIFICATION HOURLY RATE
PROJECT MANAGEMENT
Principal $302.00
Senior Associate Principal $280.00
Associate Principal $273.00
Senior Project Manager | Senior Technical Manager $265.00 Project Manager | Technical Manager $260.00
Engineering Manager | Surveying Manager | Planning Manager $239.00
TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner $222.00 Project Engineer | Project Surveyor | Project Planner $195.00 Design Engineer | Staff Surveyor | Staff Planner $170.00 BIM Specialist I, II, III $170.00 - $195.00 - $222.00
Technician I, II, III, IV $162.00 - $172.00 - $189.00 - $203.00 Drafter I, II, III, IV $127.00 - $139.00 - $150.00 - $167.00 Engineering Assistant | Surveying Assistant | Planning Assistant $106.00
FIELD SURVEYING
Survey Party Chief $222.00
Instrument Person $190.00
Survey Chainperson $143.00
Utility Locator I, II, III, IV $116.00 - $164.00 - $197.00 - $224.00 Apprentice I, II, III, IV $88.00 - $118.00 - $130.00 - $138.00
CONSTRUCTION ADMINISTRATION
Senior Consultant $290.00
Senior Construction Administrator $253.00
Resident Engineer $188.00
Field Engineer I, II, III $170.00 - $195.00 - $222.00
FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $208.00
Funding Strategies Manager $190.00
Funding/Research Analyst I, II, III, IV $130.00 - $150.00 - $160.00 - $176.00
PROJECT ADMINISTRATION
Project Coordinator $142.00
Senior Project Assistant $122.00
Project Assistant $108.00
Clerical | Administrative Assistant $90.00
Expert witness rates are available upon request.
BKF ENGINEERS
.........................
PROFESSIONAL FEE SCHEDULE
GEOTECHNICAL SERVICES
Professional Billing Rate (per hour)
Word Processing / Clerical . ........................................................................................................................................................ $ 75.00 CAD Operator............................................................................................................................................................................................100.00 Junior Field Technician........................................................................................................................................................................100.00 Senior Field Technician/Field Supervisor/Operations Manager...................................................................................115.00 Jr./Sr. Field Technician/ Field Supervisor/Operations Manager Prevailing Wage...............................................160.00 Jr. Staff Engineer/Geologist ...............................................................................................................................................................125.00 Staff Engineer/Geologist.....................................................................................................................................................................135.00 Senior Staff Engineer/Geologist......................................................................................................................................................145.00 Project Engineer/Geologist................................................................................................................................................................155.00 Senior Project Engineer/Geologist ................................................................................................................................................175.00 Geotechnical Engineer/Engineering Geologist/Project Manager..................................................................................185.00 Senior Geotechnical Engineer/Engineering Geologist/Project Manager...................................................................195.00 Vice President of Engineering/Geology/Project Management .......................................................................................205.00 Senior Vice President of Engineering/Geology/Project Management ........................................................................215.00 Director of Engineering/Geology....................................................................................................................................................225.00 Associate Engineer/Geologist ..........................................................................................................................................................235.00 Principal Engineer/Geologist ...........................................................................................................................................................250.00 Senior Principal Engineer/Geologist ............................................................................................................................................275.00 Engineering Equipment
Field Vehicle Usage......................................................................................................................................................... $ 10.00/per hour Vehicle Mileage.................................................................................................................................................included in vehicle usage Nuclear Soil Gauge and Inclinometer........................................................................................................included in hourly rate Other Monitoring Equipment.............................................................................................................................................Upon Request Laboratory Tests
Moisture Content .................................................................................................................................................................................. $ 30.00 Moisture and Density (ring samples) .................................................................................................................................................. 45.00 Maximum Dry Density (optimum moisture content) ................................................................................................................ 285.00 Maximum Density Checkpoint ............................................................................................................................................................... 85.00 Sieve Analysis ............................................................................................................................................................................................. 185.00 Hydrometer Analysis .............................................................................................................................................................................. 145.00 Sieve and Hydrometer Analysis ......................................................................................................................................................... 240.00 Percent Passing No. 200 Sieve ............................................................................................................................................................... 90.00 Liquid Limit and Plastic Limit ............................................................................................................................................................. 235.00 Liquid Limit – Non-Plastic (1pt) ......................................................................................................................................................... 110.00 Sand Equivalent ........................................................................................................................................................................................ 140.00 Expansion Index........................................................................................................................................................................................ 170.00 Direct Shear (shear rate of 0.05 in./min.) ...................................................................................................................................... 385.00 Direct Shear (shear rate of lower than 0.05 in./min.) ............................................................................................................... 465.00 Single Point Shear .................................................................................................................................................................................... 140.00 Unconsolidated Undrained Triaxial Shear ..................................................................................................................................... 225.00 Consolidation (w/o time rate) ............................................................................................................................................................ 255.00 w/time rate, add (per increment) .............................................................................................................................................. 60.00 w/extra load, add (per load) ......................................................................................................................................................... 55.00 Collapse Test (ASTM D4546-B) .......................................................................................................................................................... 140.00 R-Value (untreated) ................................................................................................................................................................................. 400.00 131 Calle Iglesia, Suite 200, San Clemente, CA 92672 (949) 369-6141 www.lgcgeotechnical.com CWE Rates
Principal: $320/Hr
Sr. Project Manager: $265/Hr
Project Engineer: $222/Hr
Design Engineer: $170/Hr
Assistant Engineer: $119/Hr
CAD Designer: $102/Hr
Admin Assistant: $117/Hr
CD Design Group
Electrical Project Engineer: $125/Hr
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WORKER’S COMPENSATION INSURANCE CERTIFICATION
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.
I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:
Carrier____________________________________________________ Policy Number______________________________________________
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION
COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO
CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________