TABLE OF CONTENTS
Introduction ............................................................................................................................................................. 3 Background ............................................................................................................................................................... 3 RFQ Timeline .......................................................................................................................................................... 3 Questions .................................................................................................................................................................. 3 Scope of Service ....................................................................................................................................................... 3 Request for Qualifications Guidelines ............................................................................................................. 4 Assumptions............................................................................................................................................................. 5 Process for Submitting Proposals ...................................................................................................................... 6 Evaluation and Selection Process ....................................................................................................................... 6 Exparte Communications .....................................................................................................................................7 Conflict of Interest ................................................................................................................................................. 8 Standard Terms and Conditions ........................................................................................................................ 8 Attachment A – On-Call agreement for Environmental Study Services ................................................ 9
INTRODUCTION
The City of Turlock (hereinafter referred to as the “City”) is requesting proposals for qualified firms to provide professional engineering and surveying services upon request from the City of Turlock on an “as needed” basis. The City will enter into an agreement with the individuals or firms selected to provide these services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined in this Request for Qualifications (RFQ).
BACKGROUND
The City of Turlock maintains several different types of professional on-call agreements for use on an “as needed” basis. The on-call agreement allows City staff to request services from a retained firm (“Consultant”) on an individual project basis as the need arises. Prior to any work completed under the on-call agreement a specific service request must be issued for each project, specifically delineating the requested services, with fees for said services based upon rates identified in the on-call agreement and in conjunction with a jointly agreeable, negotiated maximum fee for said services. Should the City fail to successfully negotiate an acceptable maximum fee for services for a specific project with the Consultant involved, the City reserves the right to seek and retain said services through other means or contractors.
RFQ TIMELINE
This RFQ will be governed by the following schedule:
RFQ Issued: 9/27/2024
Proposals Due: 10/30/2024 3:00 PM
City Council Approval of Agreement: 12/10/2024
*All dates are subject to change at the discretion of the City
QUESTIONS
Request for Information (RFI) should be directed to:
[email protected]
All questions must be in writing and received at least five (5) working days prior to the closing date for submittal of this Request for Qualifications (RFQ), to provide time for issuing and forwarding answers. The City will not be responsible for oral interpretations of the Request for Qualifications (RFQ).
SCOPE OF SERVICE
The City invites you to submit a proposal for engineering and surveying services. The scope of work includes, but is not limited to, the following:
1. Provide Consulting and/or Professional services upon the request of the City of Turlock for projects related to the City’s properties and/or structures.
2. Review the City’s requested project and/or task to be accomplished and provide preliminary consultation, research and evaluation of same;
3. Assist the City’s Engineering Division with presentations and/or recommendations to the City staff, committees, boards, or the Turlock City Council;
4. Third party review consultation related to documents prepared by the City’s Engineering Division or other consultants retained by the City;
5. Provide, either directly, or through the use of subconsultants, the following services:
a. Civil, mechanical, electrical engineering design
b. Computer aided drafting (CAD)
c. Engineering services during construction (submittal and RFI review) d. Boundary surveying
e. Topographic surveying
f. Construction surveying
g. Cost estimates
h. Technical specifications
i. Any other related service necessary to provide biddable documents and support of City’s capital improvement projects.
REQUEST FOR QUALIFICATIONS GUIDELINES
The City requires each Consultant to submit a qualifications statement clearly addressing all of the requirements outlined in the RFQ. The qualifications statement shall be limited to 30 pages.
The cover page, table of contents, and divider tabs will not be counted towards the page limit.
The qualifications statement must include a minimum of three (3) recent or current client references, which include the name, address, and telephone number of each reference. Resumes and examples of deliverables may be included, provided they are located in an appendix to the qualifications statement, which will not count toward the page limit. The Consultant may submit a qualifications statement organized according to his/her preference, provided that it be clear and concise.
The City is seeking a qualified consultant that demonstrates extensive knowledge and experience in providing professional engineering and surveying services. Each proposal must contain a statement of qualifications that that includes the following information:
1. General Information – Provide the name, address, and telephone number of the individual or firm, as well as the name of the person authorized to negotiate contract terms and make
binding agreements. Include the professional qualifications necessary for completing the work. The professional qualifications necessary for completing the work refers to the staff members that will be working on the potential projects. Please provide a list of qualified professionals;
2. Background – Provide background and history of the company’s consulting experience which specifically addresses the organization’s knowledge and experience. Use of a resume attachment is acceptable;
3. Services and History– Provide a list of available services as well as a listing and description of work completed. The City is requesting the prospective consultant to provide a description of work for each available service. The description of work shall include previous completed work as well;
4. Response Time – Description of individual or firm’s resources that allow for a timely delivery of services, including the names and qualifications of the firm’s staff that will be working with the City of Turlock;
5. Public Agencies – Include narrative description of experience with public agencies, if any;
6. References – Provide three or more references that can supply information on the quality of the services provided by your firm during the past two years;
7. Sample of Work - Include descriptions of three samples of work (i.e. projects) that contain, at a minimum: the name or title of the project, the location(s) of the project, the name of the contracting agency, the total project budget, and a brief project description.
The City is not requesting copies of any deliverables provided as part of the previous work; rather, just a summary of the work performed. Copies of the actual deliverables may be provided, as long as they are included in an appendix. The three references may or may not be affiliated with the three samples of work provided.
8. Fees – Provide a fee schedule in a separately sealed envelope. The fee schedule shall include the titles and hourly rates of staff. This information will be used as a basis of negotiation of compensation for the on-call agreement.
ASSUMPTIONS
The City reserves the right to enter into agreements with multiple consultants. The City Engineer, or his designee, will be the main point of contact to facilitate the various services requested. The selected Consultant(s) shall have or obtain a City of Turlock business license prior to performing any of the work listed in the Agreement.
The selected Consultant shall have or obtain a City of Turlock business license prior to performing any of the work listed in the Agreement.
Deliverables such as drawings, specifications, engineering reports, and any other technical data shall be provided to the City in the form of Microsoft Office and PDF documents. Hard copies may be requested on occasion.
The capital improvement projects to be delivered under the On-Call Agreement shall not include federally funded projects. Therefore, there is no Disadvantaged Business Enterprise (DBE) goal associated with the work performed under the On-Call Agreement.
Prospective consultants should note that, while the sample On-Call Agreement is written to include a maximum compensation amount of $300,000, the City makes no guarantee as to the amount of work to be made available to the consultant during the term of the agreement. The compensation to be made to consultants may vary from the past based on actual needs.
PROCESS FOR SUBMITTING PROPOSALS
Sealed statements of qualifications shall be submitted to the Purchasing Division at 156 S.
Broadway, Suite 270, Turlock, California, 95380, on or before 3 PM on Wednesday, October 30, 2024. No late submittals will be accepted.
The consultant shall provide three (3) printed, bound copies of their proposal as well as one electronic copy (in PDF format) of their proposal on USB flash drive to be considered responsive. The consultant shall hand-deliver or mail their proposal to the City at the address listed on the front page of the RFQ so that the proposal is received no later than the date and time specified. Postmark dates will not be recognized. Proposals received after the deadline will be rejected and returned unopened.
The City reserves the right, without limitation and at its sole discretion, to accept or reject any or all qualifications statements and/or terminate this RFQ process at any time, for any reason, without notice and with no obligations.
EVALUATION AND SELECTION PROCESS
Qualifications statements will first be screened to ensure responsiveness to the RFQ. The City may reject as non-responsive any qualifications statement that does not include the information required to be submitted by this RFQ. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their qualifications statements.
A committee will review and score all responsive written qualifications statements based upon the evaluation criteria set forth below. The City may contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a qualifications statement, and seek and review any other information deemed pertinent to the evaluation process. Qualifications statements will be reviewed by the Committee and evaluated to determine which qualifications statement best meets the criteria of the RFQ. The criteria are as follows:
Evaluation Criteria Category Points Possible Points Awarded Professional Experience 30
Qualifications of Staff 25
Demonstrated Technical Ability 25
Experience with Public Works Projects 20
Total Points 100
Please note that this RFQ pertains to engineering and surveying services, and the above referenced scoring rubric will be used as guidance only. Given the nature of the services, the City reserves the right to utilize its discretion in awarding the project. The City also reserves the right to negotiate pricing and contract terms.
The City may hold interviews with any Consultant submitting a qualifications statement under this solicitation. These interviews will be held solely at the discretion of the City and after the qualifications statement scoring process. The intent of the City is to hold interviews only with top-scoring Consultants based on the selection process. The interviews would be attended by representatives of the City as well as the Consultant’s principal and licensed professional staff in responsible charge of the work. The interviews would be used to gain further insight into the Consultant’s capabilities for the purpose of making a recommendation for award of an agreement.
Following conclusion of the evaluation process, the Committee will score all Proposers according to the evaluation criteria set forth above. The Committee will conclude the evaluation process at this point, and make a recommendation for award. City staff shall notify the selected Consultant(s) of the final approval of the agreement by the City Council. Once submitted, all qualifications statements become public records and subject to disclosure, either in part or in whole, under the California Public Records Act. Proposals will not be made available to the public or competing firms until after the selection process has been completed.
Recommendation for award is contingent upon the successful negotiation of final contract terms.
Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFQ.
EXPARTE COMMUNICATIONS
Proposers and Proposers’ representatives cannot communicate with City Council members about this RFQ. In addition, Proposers and Proposers’ representatives cannot communicate outside the procedures set forth in this RFQ with an officer, employee or agent of the City,
including any member of the evaluation panel, with the exception of the RFQ Facilitator, regarding this RFQ until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, suppliers and agents, any subcontractors or suppliers listed in the Proposer's qualifications statement, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.
CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.
STANDARD TERMS AND CONDITIONS
A. Amendments
The City reserves the right to amend or supplement this RFQ prior to the qualifications statement due date.
B. Cost for Preparing Qualifications Statement
The cost for developing the qualifications statement is the sole responsibility of the Proposer. All qualifications statements submitted become the property of the City.
C. Agreement
A copy of the City’s standard on-call agreement is attached hereto. Please be advised the following provisions of the City’s agreement are non-negotiable:
Indemnification
All insurance terms
Termination
Ownership/Use of Contract Materials and Products
Disputes
Governing Law
If an agreement cannot be reached, negotiations with an alternate vendor may commence.
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SERVICE REQUEST NO. ___
CONSULTANT: ________________________
PROJECT: ____________________________
THIS SERVICE REQUEST dated _____________________, is an addendum to the Agreement for Right of Way and Property Appraisal Services (“Agreement”) dated _____________ between the City of Turlock (“City”) and _____________________ (“Consultant“).
WHEREAS, upon execution, this Service Request shall be considered a part of the Agreement; and
WHEREAS, this Service Request establishes the Scope of Work and compensation amounts for specific Right of Way and Property Appraisal Services and authorizes Consultant to proceed with the project.
NOW, THEREFORE, the parties mutually agree as follows:
SCOPE OF WORK
1. City agrees to compensate Consultant for the required work in accordance with the terms of payment stipulated in the Agreement and this addendum. An itemized list of tasks and a detailed cost for the completion of the required work is attached hereto as Exhibit A to this Service Request No. ____. The cost for completion of the items of work shall not exceed _______________ and no/100ths Dollars ($____________).
2. All work associated with this Service Request shall conform to the requirements of the Agreement and this addendum and shall be completed to the satisfaction of City within ________ months of the Notice to Proceed.
3. Except as herein modified, all terms and conditions in the Agreement remain unchanged and are in full force and effect.
CITY OF TURLOCK, a municipal corporation CONSULTANT
By: __________________________________ By: ________________________________ William D. Morris, City Engineer
Title: _______________________________
Address: ____________________________
____________________________
Phone: _____________________________
CITY CONTRACT NO. 2025-093 1
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AGREEMENT BETWEEN THE CITY OF TURLOCK
and
DF ENGINEERING, INC.
for
ON-CALL ENGINEERING AND SURVEYING SERVICES
City Contract No. 2025-093
THIS ON-CALL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and DF ENGINEERING, INC., a California corporation (“Professional”), on this 14th day of January 2025 (the “Effective Date”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.
RECITALS
A. City seeks to hire an independent contractor to perform professional services to assist City with the On-Call Engineering and Surveying Services (the “Project”).
B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services which are shown in Exhibit A (Request for Qualifications) and in Exhibit B (Statement of Qualifications) attached hereto and incorporated herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
C. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in Exhibit B (“Statement of Qualifications”).
D. The Parties anticipate that Professional shall provide Services for one or more Capital Improvement Program (CIP) projects as determined through creation of individual Service Request(s). The Service Request(s) shall identify the project-specific scope, maximum compensation, and schedule (“Completion Schedule”) for providing the Services. The Service CITY CONTRACT NO. 2025-093 2
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Request(s) shall be made effective upon signature and execution by either the City Engineer or the Municipal Services Director and the Professional. A blank template of the Service Request is provided in Exhibit C.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections 1 through 53 of this Agreement, Sections 1 through 53 shall prevail.
2. Term. The term of this Agreement shall be three (3) years and will commence on the Effective Date and terminate on the 14th day of January, 2028 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.
3. Extension of Agreement. [Intentionally Omitted]
4. Effective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement (the “Effective Date”).
5. Work.
5.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement. Any request for Services not included in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement will be considered a request for additional or modified Services (“Modification” or “Modifications”). Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
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5.3. Professional Requested Modification in Services. Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(a) Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
(1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Professional’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; (3) set forth the Professional’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Professional’s proposed revisions, if any, to the Compensation Schedule; and
(b) City agrees that the work requires a Modification;
(c) City approves all adjustments, if any, to the Completion Schedule and Compensation Schedule; and
(d) The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the Completion Schedule and Compensation Schedule for Professional’s work.
6. Compensation.
6.1. Amount, Time and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Professional will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San FranciscoOakland Consumer Price Index for all urban consumers or percentage increases in Professional’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable. City’s total compensation to Professional shall not exceed ThreeHundred Thousand and No/100ths Dollars ($300,000) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
6.2. Deposit. [Intentionally Omitted]
6.3. Subsequent Payments. City shall make monthly payments in the amount invoiced by Professional within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.
6.4. Invoices. Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City. The payments specified shall be the only payments made to Professional for performance of the Services, including compensation for any CITY CONTRACT NO. 2025-093 4
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Modification. Professional shall submit all billings for Services to City within forty-five (45) days of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.
7. Notice to Proceed. Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”), with which City shall also deliver the Deposit.
8. Time of Performance. Professional warrants that it will commence performance of the Services upon issuance of the Notice to Proceed from the City for each Service Request. . The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
9. City Assistance to Professional. [Intentionally Omitted]
10. Time and Personnel Devoted to Services. Professional shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with the Completion Schedule, Compensation Schedule, and this Agreement.
11. Performance by Qualified Personnel; No Subcontracting. Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Professional. Professional will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.
12. Representations of Professional. City relies upon the following representations by Professional in entering into this Agreement:
12.1. Qualifications. Professional represents that it is qualified to perform the Services provided in Exhibit A and Exhibit B and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Professional shall also ensure that all subcontractors are similarly licensed and qualified. Professional and all subcontractors shall also obtain a business license from City before they commence performance of the Services. Professional represents and warrants to City that Professional shall, at Professional's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Professional to practice Professional's profession at the time the Services are rendered.
12.2. Professional Performance. Professional represents that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the CITY CONTRACT NO. 2025-093 5
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Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by Professional shall be completed using the best practices available for the profession. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.
12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re-perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest. Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
13. Conformity with Law and Safety. Professional shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations.
Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Professional shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of Professional's subcontractor, if any; (c) name and address of Professional's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.
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If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
14. Contact by Professional with Project Owner or Project Applicant. Unless otherwise set forth in the Services, neither Professional nor Professional's subcontractors shall directly contact the owner of the property involved in the Project or any party who is the applicant for the Project (“Interested Party”), or an employee or contractor of an Interested Party, on any matter relating to the Project without the prior consent of the Contractor Administrator. In no event shall Professional take any instructions or directions from an Interested Party on any matter pertaining to the Professional's Services to be performed for City under this Agreement.
15. Confidentiality. Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project and, in such event, Professional agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
Notwithstanding the foregoing, Professional may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Professional shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City’s Confidential Information not be disclosed. This exception is limited to the extent disclosure is required under law.
16. Excusable Delays; Notice to Other Party of Delay. Professional shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Professional.
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17. Assignment Prohibited. No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
18. Suspension of Services by City. City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.
If the Parties are unable to agree upon the amount of extra compensation which is due to Professional within thirty (30) days of Professional resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Professional for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. Such arbitration shall be commenced by the Professional no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.
19. Ownership of Work Product. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Professional or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Professional or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of its experience and capabilities.
All Products shall become the property of City irrespective of where located or stored, and Professional agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Professional's Services hereunder. Professional shall have no ownership interest in such Products.
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All work product of Professional under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specified in Exhibit A.
When this Agreement is terminated, Professional agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
20. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional.
In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Professional shall deliver copies of all Products prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Professional or before Professional commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Professional. If City terminates this Agreement after City has issued the Notice to Proceed to Professional and after Professional has commenced performance under this Agreement, City shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Professional prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. (c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination.
21. Assurance of Performance. If, at any time, City believes Professional may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Professional for written assurances of performance and a plan to correct observed deficiencies in Professional's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
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22. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Professional's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.
City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.
23. Non-Discrimination. In its performance of the Services, Professional shall adhere to City’s EEO Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub-contractors will include language as required by the Office of Federal Contract Compliance Programs (OFCCP) that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.
24. Arbitration of Disputes. All claims, disputes, and other matters in question between City and Professional arising out of or relating to this Agreement or the breach thereof, including claims of Professional for extra compensation for Services related to the Project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Professional, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other CITY CONTRACT NO. 2025-093 10
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matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitation.
The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.
(b) All parties to the arbitration shall be entitled to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney's fees associated with the dispute with the other Party and to the arbitration.
25. Insurance Coverage. During the Term, the Professional shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance.
Professional shall maintain coverage as follows:
25.1. General Liability. Professional shall carry general liability insurance in the amount of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate shall be Four Million Dollars ($4,000,000.00).
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25.2. Workers’ Compensation Insurance and Employer's Liability. Professional shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Professional shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollars ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollars ($1,000,000.00) limit for each employee’s bodily injury by disease.
25.3. Errors and Omissions Liability. Professional shall carry errors and omissions liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.
25.4. Commercial Automobile Liability. Professional shall carry commercial automobile liability insurance in the amount of Two Million Dollars ($2,000,000.00) or greater per occurrence for owned, leased, hired, and borrowed automobiles.
25.5. Umbrella or Excess Policy. Professional may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and automobile Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Professional’s primary and excess liability policies are exhausted.
25.6. Waiver of Subrogation. With the exception of errors and omissions liability insurance, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Professional, its agents, employees, independent contractors, and subcontractors. Professional agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
26. Additional Insurance Requirements. Within five (5) days of the Effective Date, Professional shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required workers’ compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the workers’ compensation insurance, all of the CITY CONTRACT NO. 2025-093 12
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insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional; (c) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (d) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or selfinsurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (e) contain standard separation of insured provisions; and (f) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.
27. Indemnifications.
27.1 Indemnification for Professional Liability. When the law establishes a professional standard of care for any portion of the Services provided under this Agreement, to the fullest extent permitted by law. Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representative or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
27.2 Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Professional shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Professional or by any individual or agency for which Professional is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Professional.
28. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, CITY CONTRACT NO. 2025-093 13
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consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
29. Independent Contractor. At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement. Professional shall be liable for its acts and omissions and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.
30. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
31. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.
32. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.
If to City: City of Turlock
Attn: Christopher Fisher, Municipal Services Director
156 S. Broadway, Suite 150
Turlock, California 95380
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
If to Professional: DF Engineering, Inc.
Attn: Scott DeLaMare
3421 Tully Road, Suite J
Modesto, CA 95350
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33. City Contract Administrator. City’s contract administrator and contact person for this Agreement is:
Stephen Fremming, P.E.
Principal Civil Engineer
156 S. Broadway, Suite 150
Turlock, California 95380
Telephone: (209) 668-5520
E-mail: [email protected]
34. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
35. Use of City Project Number. [Intentionally Omitted]
36. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.
37. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
38. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part, to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
39. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
40. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.
41. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
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42. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
43. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
44. Execution and Counterparts. This Agreement may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
45. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.
46. Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written. Should any conflict exist between the terms and conditions of the Agreement and any and all exhibits attached hereto, the terms and conditions of the Agreement shall prevail.
47. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
48. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
49. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
50. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
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51. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
52. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
53. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.
PROFESSIONAL
DF Engineering, Inc., a
California corporation
By:
Print Name:
Title:
Date
CITY OF TURLOCK, a California
municipal corporation
By:
Reagan M. Wilson, City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Christopher Fisher, Municipal Services Director
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
Barbara J. DeLaMare
President
12/18/24
By: _______________________________
Print Name: ________________________
Title: ______________________________
Date ______________________________
Scott T. DeLaMare
Vice-President
12/18/24
REQUEST FOR QUALIFICATIONS (RFQ) NO. 24-015
FOR
ON-CALL AGREEMENT FOR
ENGINEERING AND SURVEYING SERVICES
RFQ ISSUED: 9/27/24
QUALIFICATIONS DUE: 10/30/2024 3:00 PM
SUBMIT QUALIFICATIONS TO:
CITY OF TURLOCK
ATTN: PURCHASING
156 S. BROADWAY, SUITE 270
TURLOCK, CA 95380
TABLE OF CONTENTS
Introduction ............................................................................................................................................................. 3 Background ............................................................................................................................................................... 3 RFQ Timeline .......................................................................................................................................................... 3 Questions .................................................................................................................................................................. 3 Scope of Service ....................................................................................................................................................... 3 Request for Qualifications Guidelines ............................................................................................................. 4 Assumptions............................................................................................................................................................. 5 Process for Submitting Proposals ...................................................................................................................... 6 Evaluation and Selection Process ....................................................................................................................... 6 Exparte Communications .....................................................................................................................................7 Conflict of Interest ................................................................................................................................................. 8 Standard Terms and Conditions ........................................................................................................................ 8 Attachment A – On-Call agreement for Environmental Study Services ................................................ 9
INTRODUCTION
The City of Turlock (hereinafter referred to as the “City”) is requesting proposals for qualified firms to provide professional engineering and surveying services upon request from the City of Turlock on an “as needed” basis. The City will enter into an agreement with the individuals or firms selected to provide these services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined in this Request for Qualifications (RFQ).
BACKGROUND
The City of Turlock maintains several different types of professional on-call agreements for use on an “as needed” basis. The on-call agreement allows City staff to request services from a retained firm (“Consultant”) on an individual project basis as the need arises. Prior to any work completed under the on-call agreement a specific service request must be issued for each project, specifically delineating the requested services, with fees for said services based upon rates identified in the on-call agreement and in conjunction with a jointly agreeable, negotiated maximum fee for said services. Should the City fail to successfully negotiate an acceptable maximum fee for services for a specific project with the Consultant involved, the City reserves the right to seek and retain said services through other means or contractors.
RFQ TIMELINE
This RFQ will be governed by the following schedule:
RFQ Issued: 9/27/2024
Proposals Due: 10/30/2024 3:00 PM
City Council Approval of Agreement: 12/10/2024
*All dates are subject to change at the discretion of the City
QUESTIONS
Request for Information (RFI) should be directed to:
[email protected]
All questions must be in writing and received at least five (5) working days prior to the closing date for submittal of this Request for Qualifications (RFQ), to provide time for issuing and forwarding answers. The City will not be responsible for oral interpretations of the Request for Qualifications (RFQ).
SCOPE OF SERVICE
The City invites you to submit a proposal for engineering and surveying services. The scope of work includes, but is not limited to, the following:
1. Provide Consulting and/or Professional services upon the request of the City of Turlock for projects related to the City’s properties and/or structures.
2. Review the City’s requested project and/or task to be accomplished and provide preliminary consultation, research and evaluation of same;
3. Assist the City’s Engineering Division with presentations and/or recommendations to the City staff, committees, boards, or the Turlock City Council;
4. Third party review consultation related to documents prepared by the City’s Engineering Division or other consultants retained by the City;
5. Provide, either directly, or through the use of subconsultants, the following services:
a. Civil, mechanical, electrical engineering design
b. Computer aided drafting (CAD)
c. Engineering services during construction (submittal and RFI review) d. Boundary surveying
e. Topographic surveying
f. Construction surveying
g. Cost estimates
h. Technical specifications
i. Any other related service necessary to provide biddable documents and support of City’s capital improvement projects.
REQUEST FOR QUALIFICATIONS GUIDELINES
The City requires each Consultant to submit a qualifications statement clearly addressing all of the requirements outlined in the RFQ. The qualifications statement shall be limited to 30 pages.
The cover page, table of contents, and divider tabs will not be counted towards the page limit.
The qualifications statement must include a minimum of three (3) recent or current client references, which include the name, address, and telephone number of each reference. Resumes and examples of deliverables may be included, provided they are located in an appendix to the qualifications statement, which will not count toward the page limit. The Consultant may submit a qualifications statement organized according to his/her preference, provided that it be clear and concise.
The City is seeking a qualified consultant that demonstrates extensive knowledge and experience in providing professional engineering and surveying services. Each proposal must contain a statement of qualifications that that includes the following information:
1. General Information – Provide the name, address, and telephone number of the individual or firm, as well as the name of the person authorized to negotiate contract terms and make
binding agreements. Include the professional qualifications necessary for completing the work. The professional qualifications necessary for completing the work refers to the staff members that will be working on the potential projects. Please provide a list of qualified professionals;
2. Background – Provide background and history of the company’s consulting experience which specifically addresses the organization’s knowledge and experience. Use of a resume attachment is acceptable;
3. Services and History– Provide a list of available services as well as a listing and description of work completed. The City is requesting the prospective consultant to provide a description of work for each available service. The description of work shall include previous completed work as well;
4. Response Time – Description of individual or firm’s resources that allow for a timely delivery of services, including the names and qualifications of the firm’s staff that will be working with the City of Turlock;
5. Public Agencies – Include narrative description of experience with public agencies, if any;
6. References – Provide three or more references that can supply information on the quality of the services provided by your firm during the past two years;
7. Sample of Work - Include descriptions of three samples of work (i.e. projects) that contain, at a minimum: the name or title of the project, the location(s) of the project, the name of the contracting agency, the total project budget, and a brief project description.
The City is not requesting copies of any deliverables provided as part of the previous work; rather, just a summary of the work performed. Copies of the actual deliverables may be provided, as long as they are included in an appendix. The three references may or may not be affiliated with the three samples of work provided.
8. Fees – Provide a fee schedule in a separately sealed envelope. The fee schedule shall include the titles and hourly rates of staff. This information will be used as a basis of negotiation of compensation for the on-call agreement.
ASSUMPTIONS
The City reserves the right to enter into agreements with multiple consultants. The City Engineer, or his designee, will be the main point of contact to facilitate the various services requested. The selected Consultant(s) shall have or obtain a City of Turlock business license prior to performing any of the work listed in the Agreement.
The selected Consultant shall have or obtain a City of Turlock business license prior to performing any of the work listed in the Agreement.
Deliverables such as drawings, specifications, engineering reports, and any other technical data shall be provided to the City in the form of Microsoft Office and PDF documents. Hard copies may be requested on occasion.
The capital improvement projects to be delivered under the On-Call Agreement shall not include federally funded projects. Therefore, there is no Disadvantaged Business Enterprise (DBE) goal associated with the work performed under the On-Call Agreement.
Prospective consultants should note that, while the sample On-Call Agreement is written to include a maximum compensation amount of $300,000, the City makes no guarantee as to the amount of work to be made available to the consultant during the term of the agreement. The compensation to be made to consultants may vary from the past based on actual needs.
PROCESS FOR SUBMITTING PROPOSALS
Sealed statements of qualifications shall be submitted to the Purchasing Division at 156 S.
Broadway, Suite 270, Turlock, California, 95380, on or before 3 PM on Wednesday, October 30, 2024. No late submittals will be accepted.
The consultant shall provide three (3) printed, bound copies of their proposal as well as one electronic copy (in PDF format) of their proposal on USB flash drive to be considered responsive. The consultant shall hand-deliver or mail their proposal to the City at the address listed on the front page of the RFQ so that the proposal is received no later than the date and time specified. Postmark dates will not be recognized. Proposals received after the deadline will be rejected and returned unopened.
The City reserves the right, without limitation and at its sole discretion, to accept or reject any or all qualifications statements and/or terminate this RFQ process at any time, for any reason, without notice and with no obligations.
EVALUATION AND SELECTION PROCESS
Qualifications statements will first be screened to ensure responsiveness to the RFQ. The City may reject as non-responsive any qualifications statement that does not include the information required to be submitted by this RFQ. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their qualifications statements.
A committee will review and score all responsive written qualifications statements based upon the evaluation criteria set forth below. The City may contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a qualifications statement, and seek and review any other information deemed pertinent to the evaluation process. Qualifications statements will be reviewed by the Committee and evaluated to determine which qualifications statement best meets the criteria of the RFQ. The criteria are as follows:
Evaluation Criteria Category Points Possible Points Awarded Professional Experience 30
Qualifications of Staff 25
Demonstrated Technical Ability 25
Experience with Public Works Projects 20
Total Points 100
Please note that this RFQ pertains to engineering and surveying services, and the above referenced scoring rubric will be used as guidance only. Given the nature of the services, the City reserves the right to utilize its discretion in awarding the project. The City also reserves the right to negotiate pricing and contract terms.
The City may hold interviews with any Consultant submitting a qualifications statement under this solicitation. These interviews will be held solely at the discretion of the City and after the qualifications statement scoring process. The intent of the City is to hold interviews only with top-scoring Consultants based on the selection process. The interviews would be attended by representatives of the City as well as the Consultant’s principal and licensed professional staff in responsible charge of the work. The interviews would be used to gain further insight into the Consultant’s capabilities for the purpose of making a recommendation for award of an agreement.
Following conclusion of the evaluation process, the Committee will score all Proposers according to the evaluation criteria set forth above. The Committee will conclude the evaluation process at this point, and make a recommendation for award. City staff shall notify the selected Consultant(s) of the final approval of the agreement by the City Council. Once submitted, all qualifications statements become public records and subject to disclosure, either in part or in whole, under the California Public Records Act. Proposals will not be made available to the public or competing firms until after the selection process has been completed.
Recommendation for award is contingent upon the successful negotiation of final contract terms.
Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFQ.
EXPARTE COMMUNICATIONS
Proposers and Proposers’ representatives cannot communicate with City Council members about this RFQ. In addition, Proposers and Proposers’ representatives cannot communicate outside the procedures set forth in this RFQ with an officer, employee or agent of the City,
including any member of the evaluation panel, with the exception of the RFQ Facilitator, regarding this RFQ until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, suppliers and agents, any subcontractors or suppliers listed in the Proposer's qualifications statement, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.
CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.
STANDARD TERMS AND CONDITIONS
A. Amendments
The City reserves the right to amend or supplement this RFQ prior to the qualifications statement due date.
B. Cost for Preparing Qualifications Statement
The cost for developing the qualifications statement is the sole responsibility of the Proposer. All qualifications statements submitted become the property of the City.
C. Agreement
A copy of the City’s standard on-call agreement is attached hereto. Please be advised the following provisions of the City’s agreement are non-negotiable:
Indemnification
All insurance terms
Termination
Ownership/Use of Contract Materials and Products
Disputes
Governing Law
If an agreement cannot be reached, negotiations with an alternate vendor may commence.
Doing The Job Right The First Time, Every Time
October 30, 2024
City of Turlock
Attention: Purchasing
156 South Broadway, Suite 270
Turlock, CA 95380
DF Engineering, Inc. is pleased to present our Statement of Qualifications for consideration in response to your Request for Qualifications for Engineering and Surveying Services.
Commitment: This is our business. We provide Consulting Services for Civil Engineering and Land Surveying projects and we have a thorough understanding of what needs to be done to perform these services in a cost- effective and timely manner. DF Engineering, Inc. has an uncompromising commitment to providing quality service to the City of Turlock, and our mission is to provide the Development Services Department, Engineering Division, with the complete and most appropriate services to accomplish their goals.
Company Profile: Our firm has been in business for over 60 years. The firm was founded in 1957 in Modesto, California. The firm incorporated in 1972 and has maintained the office location of 3421 Tully Road, Suite J, Modesto, since that time.
Civil Engineering, Land Surveying and Computer Aided Drafting Services: All work shall be performed by Scott T. DeLaMare, LS 8078 and David J. Hoberg, CE 53311, or under their direction, in accordance with the Professional Land Surveyors Act, and the Professional Engineers Act. All drafting work will be done in AutoCAD Civil 3D. We are currently using the 2020 version of AutoCAD. Scott and Dave will be primary contacts for the project work.
In addition to the attached Statement of Qualifications, we ask that you consider the following attributes that DF Engineering, Inc. has demonstrated over the past two decades:
*History of successful projects on behalf of the City of Turlock. *Established relationships with City staff. *History of successful projects within City boundaries. *Our locale: 20 minutes from City Hall. *History and familiarity with City Standards and expectations. *City of Turlock Business License since 1998.
Thank you for the opportunity to provide our qualifications. Please call (209) 529-7450 if you require any further information, or have any questions concerning this proposal.
Sincerely,
DF ENGINEERING, INC.
Scott T. DeLaMare, LS 8078 David J. Hoberg, PE 53311, QSD/QSP Principal Land Surveyor Senior Project Engineer
[email protected] [email protected]
Doing The Job Right the First Time, Every time
3421 TULLY ROAD, SUITE J · MODESTO, CA 95350 · 209.529.7450 www.dfengineering.com
STATEMENT OF QUALIFICATIONS
FOR
CITY PROJECT NO. 24-015
ON-CALL AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES
CITY OF TURLOCK
ATTENTION: PURCHASING
CONTENTS:
1. General Information
2. Background & History - Company’s Consulting Experience
3. Services & History – List of Available Services & Completed Work
4. Response Time - Timely Services and Coordination with City Staff
5. Public Agency Experience
6. References
7. Samples of Work
8. Fees ........................................................................Separately Sealed Envelope Appendix A - Resumes
Doing The Job Right The First Time, Every Time
DF Engineering, Inc.
1. GENERAL INFORMATION
Company Information: DF Engineering, Inc.
Civil Engineering and Surveying
3421 Tully Road, Suite J, Modesto, California 95350
(209) 529-7450
www.dfengineering.com
Persons Authorized to Negotiate Contract Terms and Make Binding Agreements:
1. Barbara J. DeLaMare, President
2. Scott T DeLaMare, Vice-President
We have reviewed the Professional Services Agreement, including Item No. 25-Insurance Coverage, and we take no exceptions to the agreement nor the insurance requirements.
Professional Qualifications Necessary for Completing the Work:
Civil Engineering Services Land Surveying Services
David J. Hoberg, PE Scott T. DeLaMare, LS
Registered Civil Engineer Licensed Land Surveyor
CE #53311; obtained in 1995 LS #8078; obtained in 2005
QSD/QSP #20186; obtained in 2011
Tom Price, LS
Licensed Land Surveyor
LS #8920; obtained in 2012
Computer Aided Drafting (CAD) Services
Kevin J. Ellis, CAD Technician
17 years working in CAD services
AS; Computer Science, Modesto Junior College, 2003
2. BACKGROUND AND HISTORY – COMPANY’S CONSULTING EXPERIENCE DF ENGINEERING, INC. - BACKGROUND:
In 1957 Roy E. Fredricksen founded the firm “Roy E. Fredricksen, Civil Engineer” in Modesto, California.
Two years later, in 1959, Thomas H. DeLaMare joined the steadily growing firm. In 1968, in response to growing demand for civil engineering services, Richard L. Fultz joined the firm.
In 1972, Roy E. Fredricksen incorporated the firm and moved to 3421 Tully Road, Modesto, where we are still located. The firm was renamed to “Fredricksen, DeLaMare & Fultz” in 1978, and renamed again in 1984, to “DeLaMare-Fultz Engineering & Surveying”. In 2012, the firm became “DF Engineering, Inc.”.
The current principals are Barbara DeLaMare and Scott DeLaMare.
DF ENGINEERING, INC. - HISTORY OF CONSULTING EXPERIENCE:
City of Turlock: DF Engineering, Inc. has been awarded an Annual Retainer Agreement for Consulting Civil Engineering and Surveying Services for the City of Turlock since 1998. Our firm has provided civil engineering and surveying services for several City projects including: storm drain and sanitary sewer infrastructure (main pipelines and lift stations) within Turlock’s Westside Industrial Specific Plan Area, major streets and intersections in the Northwest Triangle Specific Plan Area, Sports Complex Project, Master Storm Drainage Main Lines, various Plan Line Projects, various Reconstruction and Overlay Projects, various Topography Surveys, various Construction Staking surveys, ALTA/NSPS Land Title Surveys, Parcel Maps and Record of Survey maps.
City of Modesto: Our firm has been retained by the City of Modesto for Consulting Civil Engineering and Surveying Services since 1959. Our firm has provided civil engineering and surveying services for several City infrastructure projects, major streets and intersections, various Plan Line Projects, various Reconstruction and Overlay Projects, various Topography Surveys, various Construction Staking surveys, ALTA/NSPS Land Title Surveys, Parcel Maps, Record of Survey maps and Official Map.
City of Manteca: Our firm has performed Civil Engineering Plan Check services for the City of Manteca since 2022. The scope of services are as follows: On-Call Professional Civil Engineering Services for plan checking improvement plans involving street improvements, striping, sewer, water, storm drainage, grading, street lighting layouts, and general engineering tasks City of Oakdale: Our firm performed consulting civil engineering and land surveying services for the City of Oakdale from 1969 to 2006 and also held the position of City Engineer/City Land Surveyor. In addition to approving and signing record maps, our firm prepared design specifications, improvement plans and engineer’s estimates for street improvement projects which required conformity to various local and state agency requirements. In 2006, the City of Oakdale hired a staff City Engineer. Scott T. DeLaMare held the position of City Surveyor until April 2014.
The firm held the position of Interim District Engineer for Winton Water and Sewer District (WWSD) for three subdivision projects since November 2003; Campus Park, LaPaloma and Rolfe Estates. Tasks included review of submitted project improvement plans on behalf of WWSD; consult and coordinate project approval with WWSD personnel; review WWSD improvement agreement and present to WWSD Board of Directors for approval; attend WWSD Board meetings as requested; responsible for onsite inspection of project construction related to District’s water and/or sewer system; responsible for observing testing of new WWSD facilities; provide project “punch list” to assist finalization of project; make recommendation to Board of Directors for project approval; prepare letter of acceptance of improvements on behalf of WWSD.
Doing The Job Right The First Time, Every Time 2 DF Engineering, Inc.
3. SERVICES AND HISTORY
Doing The Job Right The First Time, Every Time
DF Engineering, Inc.
We reviewed the Scope of Services and offer our LIST OF AVAILABLE SERVICES, as follows:
Civil Engineering
•Storm Water Drainage Design
•Storm Water Pollution Prevention Plans
•Low Impact Development Design & Implementation
•Water Service Design
•Sanitary Sewer Lift Station Design
•Grading & Drainage Design
Surveying
•Topographic Surveys
•Boundary Surveys
•Legal Descriptions
•Construction Surveying
• ALTA/NSPS Land Title Surveys
•Parcel Maps/Subdivision Maps
•Lot Line Adjustments
•Easements/Rights-of-Way
•Street Design & Improvement Plans
•On-Site Design & Improvement Plans
•Utility Research
•Parking Lot Design
•Project Supervision/Contract Administration
Computer Aided Drafting
•Design Drafting Exhibits/Plans/Specifications
•Quantity Take-Offs/Engineer’s Estimates
Planning
• Planned Developments / Re-Zones
•Use Permits/Plot Plans/
•Conceptual Site Plans
•Engineer’s Estimates / Cost Analysis
•Preliminary Site Design & Analysis
LISTING AND DESCRIPTION OF CONSULTING WORK COMPLETED: The following are City of Turlock projects which specifically address our firm’s knowledge and experience.
City of Turlock Consultation, Exhibits, Legal Descriptions, Record of Survey – City Project 0828 “Fulkerth Road and Freeway 99 Interchange Improvements: DF Engineering provided consultation, coordination, right-of-way exhibits, legal descriptions with plats and a Record of Survey for right-of-way transfer from City of Turlock to CALTRANS on this project. Mapping complete and documents are recorded. Completed in 2023.
City of Turlock Pedestrian Intersection Improvements at Various Locations – City Project #17-59: DF Engineering was awarded this project to provide boundary and topographic survey, boundary resolution and mapping, Monument Preservation, Construction Surveying and PS&E to facilitate a federal-funded Highway Safety Improvement Program (HSIP) for the installation of Pedestrian Activated Crossing Enhancements (PACE) at four locations in Turlock. The PACE included installing bulb-outs/access ramps, striping improvements, and street lights. PS&E delivered, post Monument Preservation and Construction Surveying provided during construction. Construction complete.
City of Turlock Linwood Avenue Pedestrian Improvements– City Project #16-60: DF Engineering was awarded this project to provide boundary and topographic survey, boundary resolution and Record of Survey mapping, legal descriptions and plats for Right-of-Way acquisition & abandonments, and PS&E to facilitate installation of pedestrian improvements along Linwood Avenue. The project will install curb, gutter, sidewalk and driveways, widen the existing road to include a dual-left turn lane, striping improvements, and a pedestrian activated crossing system. The project location includes an elementary school, a charter school, a shopping center, and single-family homes. Boundary, Topographic Survey & Record of Survey map are completed, as well as the Right-of-Way legal descriptions and plats. PS&E delivered. Construction complete.
City of Turlock Golden State Rehabilitation – City Project #17-53: DF Engineering was awarded this project to provide boundary and topographic survey, boundary resolution and mapping, and PS&E to facilitate the rehabilitation of roadway improvements along Golden State from 20th Century Boulevard to Main Street. The goal of the City is to design a project to repair the road and surrounding sidewalk. The project area includes the Golden State corridor and the intersections along the road and partially into connecting roads. The design includes boundary, topography & preliminary monument preservation survey work, signal loop improvement, grinding, (HMA overlay design) traffic control, removal, replacement and installation of damaged vertical curb, sidewalk, driveway and curb and gutter & utility box raised to match new surface elevation. DF Engineering was given the Notice to Proceed 1/16/18 and completed the survey work and Record of Survey map 9/2/18. PS&E are completed.
Doing The Job Right The First Time, Every Time
DF Engineering, Inc.
4. RESPONSE TIME - TIMELY SERVICES AND COORDINATION WITH CITY STAFF DF Engineering, Inc. Civil Engineering and Surveying has a long successful history of tackling challenging projects with creative solutions. Projects are thoroughly researched, clear communication established, scope defined, economically evaluated and design solutions clearly presented on improvement plans and written in project specifications. All projects are coordinated with the client’s expectations. The work is prepared under the control and direct supervision of the project engineer, who assumes the full responsibility for their portion of the design as mandated by licensure, with the underlying premise that the design will be safe for public health, property, and welfare.
DF Engineering, Inc. values a reputation of providing excellent and timely responsive service at a reasonable cost. Typical DF Engineering, Inc. project approach would include, but not be limited to:
• A Team Approach: Work with client and staff to develop a team relationship with all design professionals involved with the project. Work to establish clear lines of communication. Our staff has extensive experience in coordinating and working with governmental agencies and municipalities. • Define the project: Preliminary meetings/obtain clear understanding of project objectives and scope in order to provide the specific results the client is looking for. • Value Engineering: Our staff participates in on-going education and research to provide clients with cost saving products, innovative and advanced techniques, on various types of projects; i.e.
Pavement rehabilitation and permeable pavement projects, and Phase II Storm Water Quality Post Construction requirements. In addition to our experienced staff, DF Engineering, Inc. has retained sub-consultant specialists to assist in the design and development of project deliverables. We have successfully completed projects working with Kleinfelder for geo-tech resources, KD Anderson traffic consultants, Miller-Pezzoni electrical design and KLA landscape architecture. • Project Research: Topographic survey, boundary, right-of-way, vertical control, consultation with utility companies, and seek out record drawings.
• Determine Project Controls: Establish onsite control points referenced to the chosen datum. • Presentation/Improvement Plans: Prepare Improvement Plans using latest technology AutoCAD programs; provide in-house check prior to any submittal. • Specifications: Provide written specifications as required by specific project; prepare Quantity Takeoff and Engineer’s Estimate.
• Coordination with client and Design Team: Project meetings, progress reports, proactive communication throughout project. Our goal is “no surprises”. DF Engineering, Inc. has successfully coordinated design efforts with the Cities of Modesto, Turlock, Oakdale, Riverbank, Ceres, County of Stanislaus, Office of the State Architect, Caltrans, Irrigation Districts, PG&E, AT&T California, Comcast and other utility companies, school districts and railroad companies. • Follow up/Job Completion: Proactively follow project to completion via acceptance by Public personnel and submission of Record Drawings.
Doing The Job Right The First Time, Every Time
DF Engineering, Inc.
4. RESPONSE TIME – NAMES & QUALIFICATIONS OF DF ENGINEERING, INC. STAFF DF Engineering, Inc. staff is immediately available to respond to client’s needs. Our policy, as described above, is to maintain open lines of communication and proactively seek methods and solutions to any problems that may arise during a project. We respond immediately to email or telephone inquiries and work diligently to maintain the project’s schedule.
Professional Qualifications Necessary for completing the work & Staff Members that will be working on the potential projects:
Civil Engineering Services Land Surveying Services
David J. Hoberg, PE Scott T. DeLaMare, LS
Registered Civil Engineer Licensed Land Surveyor
CE #53311; obtained in 1995 LS #8078; obtained in 2005
QSD/QSP #20186; obtained in 2011
Tom Price, LS
Licensed Land Surveyor
LS #8920; obtained in 2012
Computer Aided Drafting (CAD) Services
Kevin J. Ellis, CAD Technician
17 years working in CAD services
AS; Computer Science, Modesto Junior College, 2003
Doing The Job Right The First Time, Every Time
DF Engineering, Inc.
5. PUBLIC AGENCY EXPERIENCE
DF Engineering, Inc. is currently consulting for the following agencies:
• City of Turlock –Development Services Department, Engineering Division; Retainer for Engineering & Surveying Services, City Project No. 20-022, expires 12/31/2024. • City of Modesto - Community and Economic Development Department, Land Development Engineering Division – Prequalified Consultant List for Civil Engineering Plan Check and Land Surveying Services, expires 3/14/2027.
• Turlock Irrigation District – Engineering Department; Prequalified Consultant List for Civil Engineering & Land Surveying Services for SRW Project No. 2121-44. • City of Manteca – Engineering Department; On-Call Civil Improvement Plan Check Services, expires 6/30/2025.
6. REFERENCES
REFERENCES FOR SERVICES PROVIDED BY DF ENGINEEING, INC. DURING THE PAST TWO YEARS:
Toby Wells, PE, City Engineer
City of Modesto
Community and Economic Development Department
1010 Tenth Street, Suite 3100
Modesto, CA 95354
(209) 571-5542
[email protected]
David J Bahr, PE, Senior Engineer
City of Manteca
Engineering Department
1001 W. Center St.
Manteca, CA 95337
Office: 209.456.8436 | Fax: 209.923.8956
[email protected]
Michael Pitcock, PE
City of Waterford
101 E Street
Waterford, CA 95386
209.874.2328 phone
209.847.9656 fax
[email protected]
Stephen Fremming, PE
Principal Civil Engineer
City of Turlock
Development Services Department
Engineering Division
156 S. Broadway
Turlock, CA 95380
209.668.5417
[email protected]
Doing The Job Right The First Time, Every Time
DF Engineering, Inc.
7. REFERENCES - SAMPLES OF CIVIL ENGINEERING & LAND SURVEYING WORK Stephen Fremming, PE
Principal Civil Engineer
Development Services
City of Turlock
Capital Projects/Engineering
156 S. Broadway, Turlock,CA
209-668-5417
[email protected]
Stephen Fremming, PE
Principal Civil Engineer
Development Services
City of Turlock
Capital Projects/Engineering
156 S. Broadway, Turlock,CA
209-668-5417
[email protected]
Stephen Fremming, PE
Principal Civil Engineer
Development Services
City of Turlock
Capital Projects/Engineering
156 S. Broadway, Turlock,CA
209-668-5417
[email protected]
Michael Pitcock, PE
City Engineer/Director of
Development Services
City of Turlock
Capital Projects/Engineering
156 S. Broadway, Turlock, CA
209-668-5520
[email protected]
Fulkerth Road Widening Provided
Surveying & Civil Engineering
Services (PS&E) to widen westbound
Fulkerth Avenue to Tegner Road;
including irrigation berm relocation
coordination with Turlock Irrigation
District and signal positioning
coordination with KDA Traffic
Engineers. (2023, awaiting final
approval). Cost: EE = $210,000
Record of Survey Provided
consultation and exhibits for rightof-way transfer to CALTRANS.
Provided project legal descriptions
and plat maps. Completion: 2023
Golden State Blvd. Rehabilitation
Provided Surveying & Civil
Engineering services (PS&E) for
evaluation, reconstruction and
pavement overlay project; included
new sidewalks and rehabilitation of
existing sidewalks; re-striping, signal
upgrades. Sub-consultant: KDA
Traffic Engineers.
Cost: EE = $1,736,000
Completion: 2021
Regional Storm Drain Trunk Line
West Main Street & Soderquist Road
Provided Surveying & Civil
Engineering services (PS&E) for
6,500 SF of 36- and 30-inch Storm
Drain Trunk Lines. Coordination with
PGE/ATT/TID.
Fee: $57,966
Cost: $1,798,695
Completion: 2013
DF Engineering, Inc.
Doing The Job Right The First Time, Every Time
CITY CONTRACT NO. 2025-093 21
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11/2024
SERVICE REQUEST NO. ___
CONSULTANT: ________________________
PROJECT: ____________________________
THIS SERVICE REQUEST dated _____________________, is an addendum to the Agreement for Right of Way and Property Appraisal Services (“Agreement”) dated _____________ between the City of Turlock (“City”) and _____________________ (“Consultant“).
WHEREAS, upon execution, this Service Request shall be considered a part of the Agreement; and
WHEREAS, this Service Request establishes the Scope of Work and compensation amounts for specific Right of Way and Property Appraisal Services and authorizes Consultant to proceed with the project.
NOW, THEREFORE, the parties mutually agree as follows:
SCOPE OF WORK
1. City agrees to compensate Consultant for the required work in accordance with the terms of payment stipulated in the Agreement and this addendum. An itemized list of tasks and a detailed cost for the completion of the required work is attached hereto as Exhibit A to this Service Request No. ____. The cost for completion of the items of work shall not exceed _______________ and no/100ths Dollars ($____________).
2. All work associated with this Service Request shall conform to the requirements of the Agreement and this addendum and shall be completed to the satisfaction of City within ________ months of the Notice to Proceed.
3. Except as herein modified, all terms and conditions in the Agreement remain unchanged and are in full force and effect.
CITY OF TURLOCK, a municipal corporation CONSULTANT
By: __________________________________ By: ________________________________ William D. Morris, City Engineer
Title: _______________________________
Address: ____________________________
____________________________
Phone: _____________________________
CITY CONTRACT NO. 2025-089 1
{PLA2024}
11/2024
AGREEMENT BETWEEN THE CITY OF TURLOCK
and
PROVOST & PRITCHARD ENGINEERING GROUP, INC.
DBA PROVOST & PRITCHARD CONSULTING GROUP
for
ON-CALL ENGINEERING AND SURVEYING SERVICES
City Contract No. 2025-089
THIS ON-CALL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and PROVOST & PRITCHARD ENGINEERING GROUP, INC. DBA PROVOST & PRITCHARD CONSULTING GROUP , a California corporation (“Professional”), on this 14th day of January 2025 (the “Effective Date”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.
RECITALS
A. City seeks to hire an independent contractor to perform professional services to assist City with the On-Call Engineering and Surveying Services (the “Project”).
B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services which are shown in Exhibit A (Request for Qualifications) and in Exhibit B (Statement of Qualifications) attached hereto and incorporated herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
C. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in Exhibit B (“Statement of Qualifications”).
D. The Parties anticipate that Professional shall provide Services for one or more Capital Improvement Program (CIP) projects as determined through creation of individual Service CITY CONTRACT NO. 2025-089 2
{PLA2024}
11/2024
Request(s). The Service Request(s) shall identify the project-specific scope, maximum compensation, and schedule (“Completion Schedule”) for providing the Services. The Service Request(s) shall be made effective upon signature and execution by either the City Engineer or the Municipal Services Director and the Professional. A blank template of the Service Request is provided in Exhibit C.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections 1 through 53 of this Agreement, Sections 1 through 53 shall prevail.
2. Term. The term of this Agreement shall be three (3) years and will commence on the Effective Date and terminate on the 14th day of January, 2028 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.
3. Extension of Agreement. [Intentionally Omitted]
4. Effective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement (the “Effective Date”).
5. Work.
5.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement. Any request for Services not included in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement will be considered a request for additional or modified Services (“Modification” or “Modifications”). Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
CITY CONTRACT NO. 2025-089 3
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11/2024
5.3. Professional Requested Modification in Services. Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(a) Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
(1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Professional’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; (3) set forth the Professional’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Professional’s proposed revisions, if any, to the Compensation Schedule; and
(b) City agrees that the work requires a Modification;
(c) City approves all adjustments, if any, to the Completion Schedule and Compensation Schedule; and
(d) The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the Completion Schedule and Compensation Schedule for Professional’s work.
6. Compensation.
6.1. Amount, Time and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Professional will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San FranciscoOakland Consumer Price Index for all urban consumers or percentage increases in Professional’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable. City’s total compensation to Professional shall not exceed ThreeHundred Thousand and No/100ths Dollars ($300,000) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
6.2. Deposit. [Intentionally Omitted]
6.3. Subsequent Payments. City shall make monthly payments in the amount invoiced by Professional within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.
6.4. Invoices. Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City. The payments specified shall be the only CITY CONTRACT NO. 2025-089 4
{PLA2024}
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payments made to Professional for performance of the Services, including compensation for any Modification. Professional shall submit all billings for Services to City within forty-five (45) days of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.
7. Notice to Proceed. Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”), with which City shall also deliver the Deposit.
8. Time of Performance. Professional warrants that it will commence performance of the Services upon issuance of the Notice to Proceed from the City for each Service Request. . The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
9. City Assistance to Professional. [Intentionally Omitted]
10. Time and Personnel Devoted to Services. Professional shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with the Completion Schedule, Compensation Schedule, and this Agreement.
11. Performance by Qualified Personnel; No Subcontracting. Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Professional. Professional will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.
12. Representations of Professional. City relies upon the following representations by Professional in entering into this Agreement:
12.1. Qualifications. Professional represents that it is qualified to perform the Services provided in Exhibit A and Exhibit B and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Professional shall also ensure that all subcontractors are similarly licensed and qualified. Professional and all subcontractors shall also obtain a business license from City before they commence performance of the Services. Professional represents and warrants to City that Professional shall, at Professional's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Professional to practice Professional's profession at the time the Services are rendered.
12.2. Professional Performance. Professional represents that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and CITY CONTRACT NO. 2025-089 5
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standards of practice observed on similar, successfully completed projects by specialists in the Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by Professional shall be completed using the best practices available for the profession. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.
12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re-perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest. Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
13. Conformity with Law and Safety. Professional shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations.
Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Professional shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of Professional's subcontractor, if any; (c) name and address of Professional's liability CITY CONTRACT NO. 2025-089 6
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insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.
If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
14. Contact by Professional with Project Owner or Project Applicant. Unless otherwise set forth in the Services, neither Professional nor Professional's subcontractors shall directly contact the owner of the property involved in the Project or any party who is the applicant for the Project (“Interested Party”), or an employee or contractor of an Interested Party, on any matter relating to the Project without the prior consent of the Contractor Administrator. In no event shall Professional take any instructions or directions from an Interested Party on any matter pertaining to the Professional's Services to be performed for City under this Agreement.
15. Confidentiality. Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project and, in such event, Professional agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
Notwithstanding the foregoing, Professional may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Professional shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City’s Confidential Information not be disclosed. This exception is limited to the extent disclosure is required under law.
16. Excusable Delays; Notice to Other Party of Delay. Professional shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Professional.
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17. Assignment Prohibited. No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
18. Suspension of Services by City. City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.
If the Parties are unable to agree upon the amount of extra compensation which is due to Professional within thirty (30) days of Professional resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Professional for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. Such arbitration shall be commenced by the Professional no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.
19. Ownership of Work Product. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Professional or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Professional or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of its experience and capabilities.
All Products shall become the property of City irrespective of where located or stored, and Professional agrees to deliver all such documents and information to City, without charge and in CITY CONTRACT NO. 2025-089 8
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whatever form it exists, on the completion of the Professional's Services hereunder. Professional shall have no ownership interest in such Products.
All work product of Professional under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specified in Exhibit A.
When this Agreement is terminated, Professional agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
20. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional.
In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Professional shall deliver copies of all Products prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Professional or before Professional commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Professional. If City terminates this Agreement after City has issued the Notice to Proceed to Professional and after Professional has commenced performance under this Agreement, City shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Professional prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. (c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination.
21. Assurance of Performance. If, at any time, City believes Professional may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Professional for written assurances of performance and a plan to correct observed deficiencies in Professional's CITY CONTRACT NO. 2025-089 9
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performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
22. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Professional's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.
City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.
23. Non-Discrimination. In its performance of the Services, Professional shall adhere to City’s EEO Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub-contractors will include language as required by the Office of Federal Contract Compliance Programs (OFCCP) that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.
24. Arbitration of Disputes. All claims, disputes, and other matters in question between City and Professional arising out of or relating to this Agreement or the breach thereof, including claims of Professional for extra compensation for Services related to the Project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Professional, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
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Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitation.
The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.
(b) All parties to the arbitration shall be entitled to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney's fees associated with the dispute with the other Party and to the arbitration.
25. Insurance Coverage. During the Term, the Professional shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance.
Professional shall maintain coverage as follows:
25.1. General Liability. Professional shall carry general liability insurance in the amount of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general CITY CONTRACT NO. 2025-089 11
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aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate shall be Four Million Dollars ($4,000,000.00).
25.2. Workers’ Compensation Insurance and Employer's Liability. Professional shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Professional shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollars ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollars ($1,000,000.00) limit for each employee’s bodily injury by disease.
25.3. Errors and Omissions Liability. Professional shall carry errors and omissions liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.
25.4. Commercial Automobile Liability. Professional shall carry commercial automobile liability insurance in the amount of Two Million Dollars ($2,000,000.00) or greater per occurrence for owned, leased, hired, and borrowed automobiles.
25.5. Umbrella or Excess Policy. Professional may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and automobile Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Professional’s primary and excess liability policies are exhausted.
25.6. Waiver of Subrogation. With the exception of errors and omissions liability insurance, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Professional, its agents, employees, independent contractors, and subcontractors. Professional agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
26. Additional Insurance Requirements. Within five (5) days of the Effective Date, Professional shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required workers’ compensation insurance. Such CITY CONTRACT NO. 2025-089 12
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Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the workers’ compensation insurance, all of the insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional; (c) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (d) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or selfinsurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (e) contain standard separation of insured provisions; and (f) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.
27. Indemnifications.
27.1 Indemnification for Professional Liability. When the law establishes a professional standard of care for any portion of the Services provided under this Agreement, to the fullest extent permitted by law. Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representative or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
27.2 Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Professional shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Professional or by any individual or agency for which Professional is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Professional.
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28. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
29. Independent Contractor. At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement. Professional shall be liable for its acts and omissions and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.
30. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
31. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.
32. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.
If to City: City of Turlock
Attn: Christopher Fisher, Municipal Services Director
156 S. Broadway, Suite 150
Turlock, California 95380
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
If to Professional: Provost & Pritchard Engineering Group, Inc. dba Provost & Pritchard Consulting Group
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Attn: Melissa Gonzales
455 W. Fir Avenue
Clovis, California 93611-0242
33. City Contract Administrator. City’s contract administrator and contact person for this Agreement is:
Stephen Fremming, P.E.
Principal Civil Engineer
156 S. Broadway, Suite 150
Turlock, California 95380
Telephone: (209) 668-5520
E-mail: [email protected]
34. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
35. Use of City Project Number. [Intentionally Omitted]
36. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.
37. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
38. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part, to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
39. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
40. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any CITY CONTRACT NO. 2025-089 15
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rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.
41. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
42. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
43. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
44. Execution and Counterparts. This Agreement may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
45. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.
46. Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written. Should any conflict exist between the terms and conditions of the Agreement and any and all exhibits attached hereto, the terms and conditions of the Agreement shall prevail.
47. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
48. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
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49. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
50. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
51. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
52. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
53. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.
PROFESSIONAL
PROVOST & PRITCHARD ENGINEERING
GROUP, INC. DBA PROVOST &
PRITCHARD CONSULTING GROUP, a
California corporation
By:
Print Name:
Title:
Date
CITY OF TURLOCK, a California
municipal corporation
By:
Reagan M. Wilson, City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Christopher Fisher, Municipal Services Director
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
Keith Mortensen
Director of Operations
12/20/2024
REQUEST FOR QUALIFICATIONS (RFQ) NO. 24-015
FOR
ON-CALL AGREEMENT FOR
ENGINEERING AND SURVEYING SERVICES
RFQ ISSUED: 9/27/24
QUALIFICATIONS DUE: 10/30/2024 3:00 PM
SUBMIT QUALIFICATIONS TO:
CITY OF TURLOCK
ATTN: PURCHASING
156 S. BROADWAY, SUITE 270
TURLOCK, CA 95380
TABLE OF CONTENTS
Introduction ............................................................................................................................................................. 3 Background ............................................................................................................................................................... 3 RFQ Timeline .......................................................................................................................................................... 3 Questions .................................................................................................................................................................. 3 Scope of Service ....................................................................................................................................................... 3 Request for Qualifications Guidelines ............................................................................................................. 4 Assumptions............................................................................................................................................................. 5 Process for Submitting Proposals ...................................................................................................................... 6 Evaluation and Selection Process ....................................................................................................................... 6 Exparte Communications .....................................................................................................................................7 Conflict of Interest ................................................................................................................................................. 8 Standard Terms and Conditions ........................................................................................................................ 8 Attachment A – On-Call agreement for Environmental Study Services ................................................ 9
INTRODUCTION
The City of Turlock (hereinafter referred to as the “City”) is requesting proposals for qualified firms to provide professional engineering and surveying services upon request from the City of Turlock on an “as needed” basis. The City will enter into an agreement with the individuals or firms selected to provide these services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined in this Request for Qualifications (RFQ).
BACKGROUND
The City of Turlock maintains several different types of professional on-call agreements for use on an “as needed” basis. The on-call agreement allows City staff to request services from a retained firm (“Consultant”) on an individual project basis as the need arises. Prior to any work completed under the on-call agreement a specific service request must be issued for each project, specifically delineating the requested services, with fees for said services based upon rates identified in the on-call agreement and in conjunction with a jointly agreeable, negotiated maximum fee for said services. Should the City fail to successfully negotiate an acceptable maximum fee for services for a specific project with the Consultant involved, the City reserves the right to seek and retain said services through other means or contractors.
RFQ TIMELINE
This RFQ will be governed by the following schedule:
RFQ Issued: 9/27/2024
Proposals Due: 10/30/2024 3:00 PM
City Council Approval of Agreement: 12/10/2024
*All dates are subject to change at the discretion of the City
QUESTIONS
Request for Information (RFI) should be directed to:
[email protected]
All questions must be in writing and received at least five (5) working days prior to the closing date for submittal of this Request for Qualifications (RFQ), to provide time for issuing and forwarding answers. The City will not be responsible for oral interpretations of the Request for Qualifications (RFQ).
SCOPE OF SERVICE
The City invites you to submit a proposal for engineering and surveying services. The scope of work includes, but is not limited to, the following:
1. Provide Consulting and/or Professional services upon the request of the City of Turlock for projects related to the City’s properties and/or structures.
2. Review the City’s requested project and/or task to be accomplished and provide preliminary consultation, research and evaluation of same;
3. Assist the City’s Engineering Division with presentations and/or recommendations to the City staff, committees, boards, or the Turlock City Council;
4. Third party review consultation related to documents prepared by the City’s Engineering Division or other consultants retained by the City;
5. Provide, either directly, or through the use of subconsultants, the following services:
a. Civil, mechanical, electrical engineering design
b. Computer aided drafting (CAD)
c. Engineering services during construction (submittal and RFI review) d. Boundary surveying
e. Topographic surveying
f. Construction surveying
g. Cost estimates
h. Technical specifications
i. Any other related service necessary to provide biddable documents and support of City’s capital improvement projects.
REQUEST FOR QUALIFICATIONS GUIDELINES
The City requires each Consultant to submit a qualifications statement clearly addressing all of the requirements outlined in the RFQ. The qualifications statement shall be limited to 30 pages.
The cover page, table of contents, and divider tabs will not be counted towards the page limit.
The qualifications statement must include a minimum of three (3) recent or current client references, which include the name, address, and telephone number of each reference. Resumes and examples of deliverables may be included, provided they are located in an appendix to the qualifications statement, which will not count toward the page limit. The Consultant may submit a qualifications statement organized according to his/her preference, provided that it be clear and concise.
The City is seeking a qualified consultant that demonstrates extensive knowledge and experience in providing professional engineering and surveying services. Each proposal must contain a statement of qualifications that that includes the following information:
1. General Information – Provide the name, address, and telephone number of the individual or firm, as well as the name of the person authorized to negotiate contract terms and make
binding agreements. Include the professional qualifications necessary for completing the work. The professional qualifications necessary for completing the work refers to the staff members that will be working on the potential projects. Please provide a list of qualified professionals;
2. Background – Provide background and history of the company’s consulting experience which specifically addresses the organization’s knowledge and experience. Use of a resume attachment is acceptable;
3. Services and History– Provide a list of available services as well as a listing and description of work completed. The City is requesting the prospective consultant to provide a description of work for each available service. The description of work shall include previous completed work as well;
4. Response Time – Description of individual or firm’s resources that allow for a timely delivery of services, including the names and qualifications of the firm’s staff that will be working with the City of Turlock;
5. Public Agencies – Include narrative description of experience with public agencies, if any;
6. References – Provide three or more references that can supply information on the quality of the services provided by your firm during the past two years;
7. Sample of Work - Include descriptions of three samples of work (i.e. projects) that contain, at a minimum: the name or title of the project, the location(s) of the project, the name of the contracting agency, the total project budget, and a brief project description.
The City is not requesting copies of any deliverables provided as part of the previous work; rather, just a summary of the work performed. Copies of the actual deliverables may be provided, as long as they are included in an appendix. The three references may or may not be affiliated with the three samples of work provided.
8. Fees – Provide a fee schedule in a separately sealed envelope. The fee schedule shall include the titles and hourly rates of staff. This information will be used as a basis of negotiation of compensation for the on-call agreement.
ASSUMPTIONS
The City reserves the right to enter into agreements with multiple consultants. The City Engineer, or his designee, will be the main point of contact to facilitate the various services requested. The selected Consultant(s) shall have or obtain a City of Turlock business license prior to performing any of the work listed in the Agreement.
The selected Consultant shall have or obtain a City of Turlock business license prior to performing any of the work listed in the Agreement.
Deliverables such as drawings, specifications, engineering reports, and any other technical data shall be provided to the City in the form of Microsoft Office and PDF documents. Hard copies may be requested on occasion.
The capital improvement projects to be delivered under the On-Call Agreement shall not include federally funded projects. Therefore, there is no Disadvantaged Business Enterprise (DBE) goal associated with the work performed under the On-Call Agreement.
Prospective consultants should note that, while the sample On-Call Agreement is written to include a maximum compensation amount of $300,000, the City makes no guarantee as to the amount of work to be made available to the consultant during the term of the agreement. The compensation to be made to consultants may vary from the past based on actual needs.
PROCESS FOR SUBMITTING PROPOSALS
Sealed statements of qualifications shall be submitted to the Purchasing Division at 156 S.
Broadway, Suite 270, Turlock, California, 95380, on or before 3 PM on Wednesday, October 30, 2024. No late submittals will be accepted.
The consultant shall provide three (3) printed, bound copies of their proposal as well as one electronic copy (in PDF format) of their proposal on USB flash drive to be considered responsive. The consultant shall hand-deliver or mail their proposal to the City at the address listed on the front page of the RFQ so that the proposal is received no later than the date and time specified. Postmark dates will not be recognized. Proposals received after the deadline will be rejected and returned unopened.
The City reserves the right, without limitation and at its sole discretion, to accept or reject any or all qualifications statements and/or terminate this RFQ process at any time, for any reason, without notice and with no obligations.
EVALUATION AND SELECTION PROCESS
Qualifications statements will first be screened to ensure responsiveness to the RFQ. The City may reject as non-responsive any qualifications statement that does not include the information required to be submitted by this RFQ. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their qualifications statements.
A committee will review and score all responsive written qualifications statements based upon the evaluation criteria set forth below. The City may contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a qualifications statement, and seek and review any other information deemed pertinent to the evaluation process. Qualifications statements will be reviewed by the Committee and evaluated to determine which qualifications statement best meets the criteria of the RFQ. The criteria are as follows:
Evaluation Criteria Category Points Possible Points Awarded Professional Experience 30
Qualifications of Staff 25
Demonstrated Technical Ability 25
Experience with Public Works Projects 20
Total Points 100
Please note that this RFQ pertains to engineering and surveying services, and the above referenced scoring rubric will be used as guidance only. Given the nature of the services, the City reserves the right to utilize its discretion in awarding the project. The City also reserves the right to negotiate pricing and contract terms.
The City may hold interviews with any Consultant submitting a qualifications statement under this solicitation. These interviews will be held solely at the discretion of the City and after the qualifications statement scoring process. The intent of the City is to hold interviews only with top-scoring Consultants based on the selection process. The interviews would be attended by representatives of the City as well as the Consultant’s principal and licensed professional staff in responsible charge of the work. The interviews would be used to gain further insight into the Consultant’s capabilities for the purpose of making a recommendation for award of an agreement.
Following conclusion of the evaluation process, the Committee will score all Proposers according to the evaluation criteria set forth above. The Committee will conclude the evaluation process at this point, and make a recommendation for award. City staff shall notify the selected Consultant(s) of the final approval of the agreement by the City Council. Once submitted, all qualifications statements become public records and subject to disclosure, either in part or in whole, under the California Public Records Act. Proposals will not be made available to the public or competing firms until after the selection process has been completed.
Recommendation for award is contingent upon the successful negotiation of final contract terms.
Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFQ.
EXPARTE COMMUNICATIONS
Proposers and Proposers’ representatives cannot communicate with City Council members about this RFQ. In addition, Proposers and Proposers’ representatives cannot communicate outside the procedures set forth in this RFQ with an officer, employee or agent of the City,
including any member of the evaluation panel, with the exception of the RFQ Facilitator, regarding this RFQ until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, suppliers and agents, any subcontractors or suppliers listed in the Proposer's qualifications statement, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.
CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.
STANDARD TERMS AND CONDITIONS
A. Amendments
The City reserves the right to amend or supplement this RFQ prior to the qualifications statement due date.
B. Cost for Preparing Qualifications Statement
The cost for developing the qualifications statement is the sole responsibility of the Proposer. All qualifications statements submitted become the property of the City.
C. Agreement
A copy of the City’s standard on-call agreement is attached hereto. Please be advised the following provisions of the City’s agreement are non-negotiable:
Indemnification
All insurance terms
Termination
Ownership/Use of Contract Materials and Products
Disputes
Governing Law
If an agreement cannot be reached, negotiations with an alternate vendor may commence.
CITY CONTRACT NO. 2025-089 21
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SERVICE REQUEST NO. ___
CONSULTANT: ________________________
PROJECT: ____________________________
THIS SERVICE REQUEST dated _____________________, is an addendum to the Agreement for Right of Way and Property Appraisal Services (“Agreement”) dated _____________ between the City of Turlock (“City”) and _____________________ (“Consultant“).
WHEREAS, upon execution, this Service Request shall be considered a part of the Agreement; and
WHEREAS, this Service Request establishes the Scope of Work and compensation amounts for specific Right of Way and Property Appraisal Services and authorizes Consultant to proceed with the project.
NOW, THEREFORE, the parties mutually agree as follows:
SCOPE OF WORK
1. City agrees to compensate Consultant for the required work in accordance with the terms of payment stipulated in the Agreement and this addendum. An itemized list of tasks and a detailed cost for the completion of the required work is attached hereto as Exhibit A to this Service Request No. ____. The cost for completion of the items of work shall not exceed _______________ and no/100ths Dollars ($____________).
2. All work associated with this Service Request shall conform to the requirements of the Agreement and this addendum and shall be completed to the satisfaction of City within ________ months of the Notice to Proceed.
3. Except as herein modified, all terms and conditions in the Agreement remain unchanged and are in full force and effect.
CITY OF TURLOCK, a municipal corporation CONSULTANT
By: __________________________________ By: ________________________________ William D. Morris, City Engineer
Title: _______________________________
Address: ____________________________
____________________________
Phone: _____________________________
CITY CONTRACT NO. 2025-088 1
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AGREEMENT BETWEEN THE CITY OF TURLOCK
and
BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS, INC.
for
ON-CALL ENGINEERING AND SURVEYING SERVICES
City Contract No. 2025-088
THIS ON-CALL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and BLAIR, CHURCH & FLYNN CONSULTING ENGINEERS, INC., a California corporation (“Professional”), on this 14th day of January 2025 (the “Effective Date”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.
RECITALS
A. City seeks to hire an independent contractor to perform professional services to assist City with the On-Call Engineering and Surveying Services (the “Project”).
B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services which are shown in Exhibit A (Request for Qualifications) and in Exhibit B (Statement of Qualifications) attached hereto and incorporated herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
C. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in Exhibit B (“Statement of Qualifications”).
D. The Parties anticipate that Professional shall provide Services for one or more Capital Improvement Program (CIP) projects as determined through creation of individual Service Request(s). The Service Request(s) shall identify the project-specific scope, maximum CITY CONTRACT NO. 2025-088 2
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compensation, and schedule (“Completion Schedule”) for providing the Services. The Service Request(s) shall be made effective upon signature and execution by either the City Engineer or the Municipal Services Director and the Professional. A blank template of the Service Request is provided in Exhibit C.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections 1 through 53 of this Agreement, Sections 1 through 53 shall prevail.
2. Term. The term of this Agreement shall be three (3) years and will commence on the Effective Date and terminate on the 14th day of January, 2028 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.
3. Extension of Agreement. [Intentionally Omitted]
4. Effective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement (the “Effective Date”).
5. Work.
5.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement. Any request for Services not included in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement will be considered a request for additional or modified Services (“Modification” or “Modifications”). Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
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5.3. Professional Requested Modification in Services. Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(a) Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
(1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Professional’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; (3) set forth the Professional’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Professional’s proposed revisions, if any, to the Compensation Schedule; and
(b) City agrees that the work requires a Modification;
(c) City approves all adjustments, if any, to the Completion Schedule and Compensation Schedule; and
(d) The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the Completion Schedule and Compensation Schedule for Professional’s work.
6. Compensation.
6.1. Amount, Time and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Professional will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San FranciscoOakland Consumer Price Index for all urban consumers or percentage increases in Professional’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable. City’s total compensation to Professional shall not exceed ThreeHundred Thousand and No/100ths Dollars ($300,000) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
6.2. Deposit. [Intentionally Omitted]
6.3. Subsequent Payments. City shall make monthly payments in the amount invoiced by Professional within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.
6.4. Invoices. Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City. The payments specified shall be the only payments made to Professional for performance of the Services, including compensation for any CITY CONTRACT NO. 2025-088 4
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Modification. Professional shall submit all billings for Services to City within forty-five (45) days of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.
7. Notice to Proceed. Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”), with which City shall also deliver the Deposit.
8. Time of Performance. Professional warrants that it will commence performance of the Services upon issuance of the Notice to Proceed from the City for each Service Request. . The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
9. City Assistance to Professional. [Intentionally Omitted]
10. Time and Personnel Devoted to Services. Professional shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with the Completion Schedule, Compensation Schedule, and this Agreement.
11. Performance by Qualified Personnel; No Subcontracting. Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Professional. Professional will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.
12. Representations of Professional. City relies upon the following representations by Professional in entering into this Agreement:
12.1. Qualifications. Professional represents that it is qualified to perform the Services provided in Exhibit A and Exhibit B and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Professional shall also ensure that all subcontractors are similarly licensed and qualified. Professional and all subcontractors shall also obtain a business license from City before they commence performance of the Services. Professional represents and warrants to City that Professional shall, at Professional's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Professional to practice Professional's profession at the time the Services are rendered.
12.2. Professional Performance. Professional represents that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the CITY CONTRACT NO. 2025-088 5
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Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by Professional shall be completed using the best practices available for the profession. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.
12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re-perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest. Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
13. Conformity with Law and Safety. Professional shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations.
Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Professional shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of Professional's subcontractor, if any; (c) name and address of Professional's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.
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If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
14. Contact by Professional with Project Owner or Project Applicant. Unless otherwise set forth in the Services, neither Professional nor Professional's subcontractors shall directly contact the owner of the property involved in the Project or any party who is the applicant for the Project (“Interested Party”), or an employee or contractor of an Interested Party, on any matter relating to the Project without the prior consent of the Contractor Administrator. In no event shall Professional take any instructions or directions from an Interested Party on any matter pertaining to the Professional's Services to be performed for City under this Agreement.
15. Confidentiality. Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project and, in such event, Professional agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
Notwithstanding the foregoing, Professional may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Professional shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City’s Confidential Information not be disclosed. This exception is limited to the extent disclosure is required under law.
16. Excusable Delays; Notice to Other Party of Delay. Professional shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Professional.
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17. Assignment Prohibited. No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
18. Suspension of Services by City. City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.
If the Parties are unable to agree upon the amount of extra compensation which is due to Professional within thirty (30) days of Professional resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Professional for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. Such arbitration shall be commenced by the Professional no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.
19. Ownership of Work Product. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Professional or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Professional or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of its experience and capabilities.
All Products shall become the property of City irrespective of where located or stored, and Professional agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Professional's Services hereunder. Professional shall have no ownership interest in such Products.
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All work product of Professional under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specified in Exhibit A.
When this Agreement is terminated, Professional agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
20. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional.
In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Professional shall deliver copies of all Products prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Professional or before Professional commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Professional. If City terminates this Agreement after City has issued the Notice to Proceed to Professional and after Professional has commenced performance under this Agreement, City shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Professional prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. (c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination.
21. Assurance of Performance. If, at any time, City believes Professional may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Professional for written assurances of performance and a plan to correct observed deficiencies in Professional's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
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22. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Professional's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.
City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.
23. Non-Discrimination. In its performance of the Services, Professional shall adhere to City’s EEO Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub-contractors will include language as required by the Office of Federal Contract Compliance Programs (OFCCP) that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.
24. Arbitration of Disputes. All claims, disputes, and other matters in question between City and Professional arising out of or relating to this Agreement or the breach thereof, including claims of Professional for extra compensation for Services related to the Project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Professional, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other CITY CONTRACT NO. 2025-088 10
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matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitation.
The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.
(b) All parties to the arbitration shall be entitled to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney's fees associated with the dispute with the other Party and to the arbitration.
25. Insurance Coverage. During the Term, the Professional shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance.
Professional shall maintain coverage as follows:
25.1. General Liability. Professional shall carry general liability insurance in the amount of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate shall be Four Million Dollars ($4,000,000.00).
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25.2. Workers’ Compensation Insurance and Employer's Liability. Professional shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Professional shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollars ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollars ($1,000,000.00) limit for each employee’s bodily injury by disease.
25.3. Errors and Omissions Liability. Professional shall carry errors and omissions liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.
25.4. Commercial Automobile Liability. Professional shall carry commercial automobile liability insurance in the amount of Two Million Dollars ($2,000,000.00) or greater per occurrence for owned, leased, hired, and borrowed automobiles.
25.5. Umbrella or Excess Policy. Professional may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and automobile Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Professional’s primary and excess liability policies are exhausted.
25.6. Waiver of Subrogation. With the exception of errors and omissions liability insurance, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Professional, its agents, employees, independent contractors, and subcontractors. Professional agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
26. Additional Insurance Requirements. Within five (5) days of the Effective Date, Professional shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required workers’ compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the workers’ compensation insurance, all of the CITY CONTRACT NO. 2025-088 12
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insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional; (c) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (d) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or selfinsurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (e) contain standard separation of insured provisions; and (f) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.
27. Indemnifications.
27.1 Indemnification for Professional Liability. When the law establishes a professional standard of care for any portion of the Services provided under this Agreement, to the fullest extent permitted by law. Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representative or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
27.2 Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Professional shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Professional or by any individual or agency for which Professional is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Professional.
28. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, CITY CONTRACT NO. 2025-088 13
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consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
29. Independent Contractor. At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement. Professional shall be liable for its acts and omissions and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.
30. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
31. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.
32. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.
If to City: City of Turlock
Attn: Christopher Fisher, Municipal Services Director
156 S. Broadway, Suite 150
Turlock, California 95380
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
If to Professional: Blair, Church & Flynn Consulting Engineers, Inc.
Attn: David Mowry
415 Clovis Avenue, Suite 200
Clovis, CA 93612
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33. City Contract Administrator. City’s contract administrator and contact person for this Agreement is:
Stephen Fremming, P.E.
Principal Civil Engineer
156 S. Broadway, Suite 150
Turlock, California 95380
Telephone: (209) 668-5520
E-mail: [email protected]
34. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
35. Use of City Project Number. [Intentionally Omitted]
36. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.
37. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
38. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part, to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
39. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
40. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.
41. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
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42. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
43. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
44. Execution and Counterparts. This Agreement may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
45. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.
46. Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written. Should any conflict exist between the terms and conditions of the Agreement and any and all exhibits attached hereto, the terms and conditions of the Agreement shall prevail.
47. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
48. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
49. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
50. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
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51. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
52. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
53. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.
PROFESSIONAL
Blair, Church & Flynn Consulting Engineers,
Inc., a California corporation
By:
Print Name:
Title:
Date
CITY OF TURLOCK, a California
municipal corporation
By:
Reagan M. Wilson, City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Christopher Fisher, Municipal Services Director
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
David Mowry
President
December 23, 2024
REQUEST FOR QUALIFICATIONS (RFQ) NO. 24-015
FOR
ON-CALL AGREEMENT FOR
ENGINEERING AND SURVEYING SERVICES
RFQ ISSUED: 9/27/24
QUALIFICATIONS DUE: 10/30/2024 3:00 PM
SUBMIT QUALIFICATIONS TO:
CITY OF TURLOCK
ATTN: PURCHASING
156 S. BROADWAY, SUITE 270
TURLOCK, CA 95380
TABLE OF CONTENTS
Introduction ............................................................................................................................................................. 3 Background ............................................................................................................................................................... 3 RFQ Timeline .......................................................................................................................................................... 3 Questions .................................................................................................................................................................. 3 Scope of Service ....................................................................................................................................................... 3 Request for Qualifications Guidelines ............................................................................................................. 4 Assumptions............................................................................................................................................................. 5 Process for Submitting Proposals ...................................................................................................................... 6 Evaluation and Selection Process ....................................................................................................................... 6 Exparte Communications .....................................................................................................................................7 Conflict of Interest ................................................................................................................................................. 8 Standard Terms and Conditions ........................................................................................................................ 8 Attachment A – On-Call agreement for Environmental Study Services ................................................ 9
INTRODUCTION
The City of Turlock (hereinafter referred to as the “City”) is requesting proposals for qualified firms to provide professional engineering and surveying services upon request from the City of Turlock on an “as needed” basis. The City will enter into an agreement with the individuals or firms selected to provide these services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined in this Request for Qualifications (RFQ).
BACKGROUND
The City of Turlock maintains several different types of professional on-call agreements for use on an “as needed” basis. The on-call agreement allows City staff to request services from a retained firm (“Consultant”) on an individual project basis as the need arises. Prior to any work completed under the on-call agreement a specific service request must be issued for each project, specifically delineating the requested services, with fees for said services based upon rates identified in the on-call agreement and in conjunction with a jointly agreeable, negotiated maximum fee for said services. Should the City fail to successfully negotiate an acceptable maximum fee for services for a specific project with the Consultant involved, the City reserves the right to seek and retain said services through other means or contractors.
RFQ TIMELINE
This RFQ will be governed by the following schedule:
RFQ Issued: 9/27/2024
Proposals Due: 10/30/2024 3:00 PM
City Council Approval of Agreement: 12/10/2024
*All dates are subject to change at the discretion of the City
QUESTIONS
Request for Information (RFI) should be directed to:
[email protected]
All questions must be in writing and received at least five (5) working days prior to the closing date for submittal of this Request for Qualifications (RFQ), to provide time for issuing and forwarding answers. The City will not be responsible for oral interpretations of the Request for Qualifications (RFQ).
SCOPE OF SERVICE
The City invites you to submit a proposal for engineering and surveying services. The scope of work includes, but is not limited to, the following:
1. Provide Consulting and/or Professional services upon the request of the City of Turlock for projects related to the City’s properties and/or structures.
2. Review the City’s requested project and/or task to be accomplished and provide preliminary consultation, research and evaluation of same;
3. Assist the City’s Engineering Division with presentations and/or recommendations to the City staff, committees, boards, or the Turlock City Council;
4. Third party review consultation related to documents prepared by the City’s Engineering Division or other consultants retained by the City;
5. Provide, either directly, or through the use of subconsultants, the following services:
a. Civil, mechanical, electrical engineering design
b. Computer aided drafting (CAD)
c. Engineering services during construction (submittal and RFI review) d. Boundary surveying
e. Topographic surveying
f. Construction surveying
g. Cost estimates
h. Technical specifications
i. Any other related service necessary to provide biddable documents and support of City’s capital improvement projects.
REQUEST FOR QUALIFICATIONS GUIDELINES
The City requires each Consultant to submit a qualifications statement clearly addressing all of the requirements outlined in the RFQ. The qualifications statement shall be limited to 30 pages.
The cover page, table of contents, and divider tabs will not be counted towards the page limit.
The qualifications statement must include a minimum of three (3) recent or current client references, which include the name, address, and telephone number of each reference. Resumes and examples of deliverables may be included, provided they are located in an appendix to the qualifications statement, which will not count toward the page limit. The Consultant may submit a qualifications statement organized according to his/her preference, provided that it be clear and concise.
The City is seeking a qualified consultant that demonstrates extensive knowledge and experience in providing professional engineering and surveying services. Each proposal must contain a statement of qualifications that that includes the following information:
1. General Information – Provide the name, address, and telephone number of the individual or firm, as well as the name of the person authorized to negotiate contract terms and make
binding agreements. Include the professional qualifications necessary for completing the work. The professional qualifications necessary for completing the work refers to the staff members that will be working on the potential projects. Please provide a list of qualified professionals;
2. Background – Provide background and history of the company’s consulting experience which specifically addresses the organization’s knowledge and experience. Use of a resume attachment is acceptable;
3. Services and History– Provide a list of available services as well as a listing and description of work completed. The City is requesting the prospective consultant to provide a description of work for each available service. The description of work shall include previous completed work as well;
4. Response Time – Description of individual or firm’s resources that allow for a timely delivery of services, including the names and qualifications of the firm’s staff that will be working with the City of Turlock;
5. Public Agencies – Include narrative description of experience with public agencies, if any;
6. References – Provide three or more references that can supply information on the quality of the services provided by your firm during the past two years;
7. Sample of Work - Include descriptions of three samples of work (i.e. projects) that contain, at a minimum: the name or title of the project, the location(s) of the project, the name of the contracting agency, the total project budget, and a brief project description.
The City is not requesting copies of any deliverables provided as part of the previous work; rather, just a summary of the work performed. Copies of the actual deliverables may be provided, as long as they are included in an appendix. The three references may or may not be affiliated with the three samples of work provided.
8. Fees – Provide a fee schedule in a separately sealed envelope. The fee schedule shall include the titles and hourly rates of staff. This information will be used as a basis of negotiation of compensation for the on-call agreement.
ASSUMPTIONS
The City reserves the right to enter into agreements with multiple consultants. The City Engineer, or his designee, will be the main point of contact to facilitate the various services requested. The selected Consultant(s) shall have or obtain a City of Turlock business license prior to performing any of the work listed in the Agreement.
The selected Consultant shall have or obtain a City of Turlock business license prior to performing any of the work listed in the Agreement.
Deliverables such as drawings, specifications, engineering reports, and any other technical data shall be provided to the City in the form of Microsoft Office and PDF documents. Hard copies may be requested on occasion.
The capital improvement projects to be delivered under the On-Call Agreement shall not include federally funded projects. Therefore, there is no Disadvantaged Business Enterprise (DBE) goal associated with the work performed under the On-Call Agreement.
Prospective consultants should note that, while the sample On-Call Agreement is written to include a maximum compensation amount of $300,000, the City makes no guarantee as to the amount of work to be made available to the consultant during the term of the agreement. The compensation to be made to consultants may vary from the past based on actual needs.
PROCESS FOR SUBMITTING PROPOSALS
Sealed statements of qualifications shall be submitted to the Purchasing Division at 156 S.
Broadway, Suite 270, Turlock, California, 95380, on or before 3 PM on Wednesday, October 30, 2024. No late submittals will be accepted.
The consultant shall provide three (3) printed, bound copies of their proposal as well as one electronic copy (in PDF format) of their proposal on USB flash drive to be considered responsive. The consultant shall hand-deliver or mail their proposal to the City at the address listed on the front page of the RFQ so that the proposal is received no later than the date and time specified. Postmark dates will not be recognized. Proposals received after the deadline will be rejected and returned unopened.
The City reserves the right, without limitation and at its sole discretion, to accept or reject any or all qualifications statements and/or terminate this RFQ process at any time, for any reason, without notice and with no obligations.
EVALUATION AND SELECTION PROCESS
Qualifications statements will first be screened to ensure responsiveness to the RFQ. The City may reject as non-responsive any qualifications statement that does not include the information required to be submitted by this RFQ. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their qualifications statements.
A committee will review and score all responsive written qualifications statements based upon the evaluation criteria set forth below. The City may contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a qualifications statement, and seek and review any other information deemed pertinent to the evaluation process. Qualifications statements will be reviewed by the Committee and evaluated to determine which qualifications statement best meets the criteria of the RFQ. The criteria are as follows:
Evaluation Criteria Category Points Possible Points Awarded Professional Experience 30
Qualifications of Staff 25
Demonstrated Technical Ability 25
Experience with Public Works Projects 20
Total Points 100
Please note that this RFQ pertains to engineering and surveying services, and the above referenced scoring rubric will be used as guidance only. Given the nature of the services, the City reserves the right to utilize its discretion in awarding the project. The City also reserves the right to negotiate pricing and contract terms.
The City may hold interviews with any Consultant submitting a qualifications statement under this solicitation. These interviews will be held solely at the discretion of the City and after the qualifications statement scoring process. The intent of the City is to hold interviews only with top-scoring Consultants based on the selection process. The interviews would be attended by representatives of the City as well as the Consultant’s principal and licensed professional staff in responsible charge of the work. The interviews would be used to gain further insight into the Consultant’s capabilities for the purpose of making a recommendation for award of an agreement.
Following conclusion of the evaluation process, the Committee will score all Proposers according to the evaluation criteria set forth above. The Committee will conclude the evaluation process at this point, and make a recommendation for award. City staff shall notify the selected Consultant(s) of the final approval of the agreement by the City Council. Once submitted, all qualifications statements become public records and subject to disclosure, either in part or in whole, under the California Public Records Act. Proposals will not be made available to the public or competing firms until after the selection process has been completed.
Recommendation for award is contingent upon the successful negotiation of final contract terms.
Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFQ.
EXPARTE COMMUNICATIONS
Proposers and Proposers’ representatives cannot communicate with City Council members about this RFQ. In addition, Proposers and Proposers’ representatives cannot communicate outside the procedures set forth in this RFQ with an officer, employee or agent of the City,
including any member of the evaluation panel, with the exception of the RFQ Facilitator, regarding this RFQ until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.
A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, suppliers and agents, any subcontractors or suppliers listed in the Proposer's qualifications statement, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.
CONFLICT OF INTEREST
The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.
STANDARD TERMS AND CONDITIONS
A. Amendments
The City reserves the right to amend or supplement this RFQ prior to the qualifications statement due date.
B. Cost for Preparing Qualifications Statement
The cost for developing the qualifications statement is the sole responsibility of the Proposer. All qualifications statements submitted become the property of the City.
C. Agreement
A copy of the City’s standard on-call agreement is attached hereto. Please be advised the following provisions of the City’s agreement are non-negotiable:
Indemnification
All insurance terms
Termination
Ownership/Use of Contract Materials and Products
Disputes
Governing Law
If an agreement cannot be reached, negotiations with an alternate vendor may commence.
1 Professional Civil Engineering Consulting Services
Professional Electrical Engineering Consulting Services Professional Structural Engineering Consulting Services Professional Landscape Architectural Consulting Services Professional Environmental (CEQA/NEPA) Consulting Services Professional Land Surveying Consulting Services
A Native American Owned Business & Certified MBE
CITY OF TURLOCK
ON-CALL AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES RFQ NO. 24-015
QUALIFICATIONS PREPARED FOR
MBE www.bc f-engr.com
1. General Information 4
2. Background 7
3. Services and history 9
4. Response Time 15
5. Public Agencies 19
6. References 21
7. Sample of Work 23
Appendix A: ADDITIONAL EXPERIENCE 31
Appendix B: KEY STAFF RESUMES 46
TABLE OF CONTENTS
Blair, Church & Flynn’s information provided is in within a 30 page limit, all additional information is located within Appendix A and Appendix B. 3 City of Turlock
Attn: Purchasing
156 S. Broadway, Suite 270
Turlock, CA 95380
RE: REQUEST FOR QUALIFICATIONS FOR ON-CALL AGREEMENT FOR ENGINEERING AND SURVEYING SERVICES Dear City of Turlock,
Thank you for the opportunity to submit Blair, Church & Flynn’s Statement of Qualifications for the City of Turlock’s On-Call Agreement for Engineering and Surveying Services. With over 66 years of experience serving municipalities and public agencies throughout the Central Valley, we look forward to partnering with the City of Turlock to support and enhance the community’s infrastructure.
Our firm is interested in providing engineering and surveying services in the following categories:
• Professional Civil Engineering Consulting Services
• Professional Electrical Engineering Consulting Services • Professional Structural Engineering Consulting Services • Professional Landscape Architectural Consulting Services • Professional Environmental (CEQA/NEPA) Consulting Services • Professional Land Surveying Consulting Services
Since 1958, Blair, Church & Flynn has successfully delivered a variety of projects, including roadway improvements, pavement rehabilitation, site development, wastewater, potable water infrastructure, parks, trails, and green spaces. Our team has extensive experience in public infrastructure and is dedicated to delivering high-quality, reliable work that meets the City of Turlock’s needs for planning, building, and maintaining its capital facilities.
In addition to our technical expertise, we are deeply connected to the local area. As a Central Valley-based firm, we take pride in contributing to the communities where we live, work, and play. Our relationships and familiarity with local agencies are key to coordinating successful projects. You can trust that our team will bring its full commitment, skill, and dedication to every project, ensuring a positive outcome for the City of Turlock.
We look forward to the possibility of collaborating with your staff and providing exceptional service for the City’s ongoing engineering and surveying needs.
Dave Mowry
President & CEO
Blair, Church & Flynn
COVER LETTER
451 Clovis Avenue, Suite 200 • Clovis, California 93612 Tel (559) 326-1400 • Fax (559) 326-1500 • www.bcf-engr.com 4 1. GENERAL INFORMATION
5 Established in 1958, we are a professional consulting firm offering comprehensive services including multidisciplinary engineering, land surveying, environmental, landscape architecture, and construction management. With decades of experience, we understand the challenges municipalities face to build great communities. And we know we are uniquely fit to help the City of Turlock with comprehensive engineering and consulting services.
EXECUTIVE FIRM SUMMARY
FIRM INFORMATION:
Blair, Church & Flynn Consulting Engineers
451 Clovis Avenue, Suite 200 • Clovis, California 93612 Tel (559) 326-1400 • Fax (559) 326-1500
MAIN CONTACT:
David Mowry, PE, President & CEO
[email protected]
FEDERAL TAX ID: 94-1424814
OUR PROFESSIONAL LICENSES:
Civil Engineering, State of California No. C36182
Landscape Architect, State of California No. C2787
Electrical Engineering, State of California No. E22220
Mechanical Engineering, State of California No. C39752
Structural Engineer, State of California No. 6614
Professional Land Surveyor, State of California No. 25584 OUR QUALIFIED PROFESSIONALS:
• David Mowry - CEO & President
• Jeffrey Brians - Firm Principal
• Brad Kerner - Civil Engineer
• Luis Gonzalez - Civil Engineer
• Zachary Hockett - Civil Engineer
• Brian Brooks - Civil/Structural Engineer
• Brian Duffy - Electrical Engineer
• Paige Noga - Civil Engineer
• Michael Gennaro - Environmental Specialist
• David Briley - Senior Landscape Architect
• Gifford Bautista - Landscape Designer
• Randell Scott West - Land Surveyor
• Hunter Blanton - Land Surveyor
• Tim Flynn - Civil Engineer
• Gabriel Ledesma - Environmental Specialist
• Zachary Smith - Civil Engineer
• Jacob Serpa - Civil Engineer
• Kira Castro - Landscape Designer
• Kristian Calma - Civil Engineer
• Michael Palmieri - Civil Engineer
• Maximilian Miljevich - Assistant Engineer
• Don Garman - Assistant Land Surveyor
• Joshua Auyeung - Design Technician
• Dario Romero - Electrical Engineer
• Maxwell Sparks - Assistant Engineer
*Please see all Key Staff Resumes & Qualifications in Appendix B. 6 Blair, Church & Flynn will dedicate the necessary resource hours to deliver our work product in a timely manner to meet all project schedule deadlines. The distribution of work hours for the key members of our project team will vary throughout the design, bidding, and construction phases. A brief description for each key professional is provided below.
Project Manager
The Project Manager will remain the same throughout the project. Project management requires an initial substantial time dedication to the project to create a project management plan, project schedule, assemble and execute subconsultant contracts, schedule and coordinate the project kick-off meeting, and other required work to get the project initiated and moving forward. This commitment can range from 50% to 80% of the work week beginning on the issuance of the notice to proceed. As the design process moves forward the bulk of the project time commitment moves to the Project Engineer. During this period, the time commitment of the Project Manager may range from 2% to 10% of a work week to address project issues and ensure the project is moving forward on schedule. Similar time commitments will occur during the bidding and construction phases.
Project Engineer
The Project Engineer’s will remain the same throughout the project. Their commitment to the project is heavily weighted to the design phases.
A typical commitment for an individual design phase may include a 10% work week commitment while our support staff prepares the base drawings necessary for Project Engineer to perform the phase level design. Once the base plans are in the hands of the Project Engineer, it is typical for the Project Engineer to commit 80% to 100% of their time performing the engineering design. This commitment to the project is continuous until the design phase requirements are complete.
Support Staff
Support staff includes assistant engineers, drafting and clerical personnel. The size of Blair, Church & Flynn provides an ample supply of support staff to ensure the project deadlines are achieved. It is our normal practice to maintain the same support staff members throughout the length of the project to maintain the team’s cumulative project knowledge. If, for some reason, a support staff member cannot preform their work responsibilities due to illness or other unforeseen circumstance, we can bring in equally experienced and qualified staff from other groups within our office to perform the work required until the original staff member can return to their project work responsibilities. The time commitment of support staff team members will typically begin the same day an assignment is given and will encompass 100% of their work time until the assignment is complete.
Subconsultants (If Needed)
Our team subconsultants understand the need to meet the submittal deadlines of a project and are committed to supplying our internal design staff with the information and design content in a timely manner.
OUR COMMITMENT
AND QUALIFICATIONS FOR COMPLETING A PUBLIC AGENCY PROJECT 7 2. BACKGROUND
8 Blair, Church & Flynn is a professional consulting firm focused on serving Central Valley public agencies and
municipalities. The firm offers comprehensive services
including land surveying, planning, environmental,
engineering, landscape architecture and construction
management.
With over 66 years of experience working throughout
the Central Valley with multidisciplinary teams and with various project delivery methods, Blair, Church & Flynn believes that the key to successful projects rests greatly in their ability to be a client’s trusted advisor. Serving clients in the spirit of this philosophy means listening to concerns, providing answers, developing solutions and protecting
the interests of their clients and the people they represent.
Since 1958, we have been a trusted advisor to municipalities and public agencies. With offices in northern and southern California, and our headquarters in Clovis, we are
strategically-located to easily serve the needs of clients throughout the state. Blair, Church & Flynn challenges its staff to deliver services in a way that communicates the role of trusted advisors; responsible for helping clients, owners and the public develop meaningful projects.
TALENTED PEOPLE.
SUCCESSFUL PROJECTS.
SINCE 1958
93 of our client base
is made up of CA
municipalities, public
agencies and utilities.
MORE THAN
%
Multi-Disciplined
Professionals
200 24
Response Time &
Staff Mobilization
5 Office Locations
in CA & NV
CA Public Agency
Projects within the
Last 10 Years
1000 +
HOURS
FIRM OVERVIEW
BLAIR, CHURCH & FLYNN
9 3. SERVICES AND HISTORY
10 Planning
•Alternatives Analyses
•Constructability Reviews
•Cost Estimates
•Due Diligence Reports
•Expert Witness
•Facilities Condition Assessments
•Feasibility Studies
•Master Plans
•Peer Review
•Program Management
•Regulatory Agency Coordination
•Site Selection Studies
•Staff Augmentation
•Sustainability
•Value Engineering
•Water Conveyance Studies
Land Services
•Acquisition Support
•ALTA
•Boundary Surveys /Centerline Surveys
•Dam Settlement Surveys
•Easements /
•High Definition Scanning
•Land Surveying
•Legal Descriptions
•LiDAR
•Record of Surveys
•Right of Ways
•Subsidence Surveys
•Subsurface Utility Engineering (SUE)
•Title Report Analysis
•Topographical Maps
Engineering
•ADA Accessibility
•Bridges
•Buildings
•Canals & Waterways
•Civil
•Electrical
•Electrical Transmission & Distribution
•Flood Control
•Grading & Drainage
•Hydraulics & Hydrology
•Hydro Power Generation
•Irrigation Systems
•Lift Stations
•Mechanical
•Natural Gas Transmission & Distribution
•Parking Lots
•Pavement Maintenance
•Pipeline Inspection & Evaluation
•Pipeline Rehabilitation
•Pumps Stations
•Recycled Water Distribution
•Recycled Water Mains & Distribution
•Reinforced Concrete Structures
•Roadways
•Runways & Taxiways
•SCADA & Automation
•Site Plans
•Space Planning
•Structural
•Tenant Improvements
•Transportation
•Wastewater Collection
•Wastewater Treatment
•Water Mains & Distribution
•Water Storage
•Water Treatment
•Water Wells
Landscape Architecture
•Booster Pumps
•Hardcourts
•Hardscape
•Irrigation Systems
•Pedestrian Trails
•Plant Materials
•Playfields
•Recycled Water Conversions
•Restoration
•Sports Turf
•Storage Tanks
•Sustainability
•Synthetic Surfaces
•Water Conservation
Environmental
•CEQA / NEPA Compliance
•Environmental Licensing
•Erosion & Sediment Control Plans
•FERC Licensing
•NPDES Permitting
•SPCC Development & Certification
•SWPPP Development
Construction Services
•As-Built Preparation
•Construction Management
•Construction Staking
•Dispute Resolution
•Inspection
•Operations & Maintenance
•Owners Representation
•Start-up & Commissioning
•Value Engineering
OUR SERVICES Description of work for each available service in sections Sample of Work and Appendix A.
11 Our project team members have been actively involved in the planning, evaluation, rehabilitation and design of water, wastewater and recycled water infrastructure for decades. Our clients have included dozens of municipalities and agencies throughout California, including the Central Valley municipalities and their Department of Public Utilities (DPU). Specifically, we have first-hand experience and expertise in:
• Reclaimed & recycled water pipeline design
• Water main extensions & replacement design
• Sewer main extensions, rehabilitation & replacement
design
When George Blair established the firm in 1958, it was with the intention of providing an innovative approach to water resources, water delivery, and flood control management. And for more than six decades we have kept this philosophy; successfully serving numerous municipalities, regulated utilities and water districts throughout California.
Our qualifications for design of water treatment, recycled water infrastructure, water pipelines and water storage is extensive.
Approximately 90% of the infrastructure work undertaken by Blair, Church & Flynn ultimately involves the preparation of construction documents. Our engineers and surveyors are experienced with topographical surveying, establishing public right-of-way and private property, performing utility research and investigations, as well as developing comprehensive base mapping to support engineering work.
WE KNOW THE CENTRAL VALLEY’S
What makes Blair, Church & Flynn unique? We bring to the City of Turlock our extensive water, wastewater and recycled water design experience, as well as the first-hand technical know-how, that is essential for the success of a project. 12 WE KNOW ROADWAY IMPROVEMENTS
Blair, Church & Flynn believes that a successful transportation project must be designed with sensitivity to the community, diligence to technical and functional criteria, and complete awareness of schedule and cost. The secret to success: high levels of communication, a willingness to be flexible and an eye for both the big picture and the details.
We believe that Blair, Church & Flynn is the best resource available for accomplishing a successful Federally Funded Transportation project because of our team’s experience and knowledge of overlay and roadway improvements, pavement rehabilitation and replacement, sidewalk installation, access ramps, ADA compliance, as well as traffic control plans, utility coordination and construction assistance.
Over the past six decades, Blair, Church & Flynn has designed millions of square feet of pavement, as well as hundreds of miles of streets and highways within California, in both urban and rural environments. We understand street design, roadway geometry and continuously evaluate project components that can be commonly overlooked.
Effective design for local transportation projects is critical and through the years we have undertaken numerous roadway projects that use specific agency design standards.
OUR ROADWAY QA / QC
Blair, Church & Flynn has an established QA/QC
Program to guide and document the policies and
procedures implemented by our staff, assuring that our
services continue to meet the highest standards of excellence.
Our firm’s QA/QC Program includes guidelines for all levels of professional staff as it relates to quality control procedures, communications and project assignments.
A copy of this program is available to all clients on request.
EXPERIENCE WITH FEDERALLY
FUNDED, STATE FUNDED &
CALTRANS-RELATED PROJECTS:
• Friant Pavement Overlay
from Nees Ave. to Fresno St.
• Herndon Pavement Overlay from Blackstone Ave.
to West Ave.
• Northbound SR 41 Off-Ramp
Improvements at Shaw Ave.
• State Route 168, Segments 4 & 5
• Chestnut Avenue Grade Separation
• Madera Fourth Street Reconstruction
• State Route 180 Kings Canyon/Peach Avenues
Improvements
• Chestnut Avenue and Shaw Avenue Intersection
• Herndon Avenue Improvements
at Golden State & Hwy 99
• Ellis Avenue Overcrossing at Hwy 99
• North Avenue Street Improvements,
State Route 41 to State Route 99
• Friant Road Pavement Overlay – Northbound from
Hwy 41 to Shepherd
• Friant Road Pavement Overlay – Southbound from
Copper to Fort Washington
• Bullard Ave. & Willow Ave.
Intersection Improvements
• Fresno FAX Bus Stop Improvements
• Fresno Sugar Pine Trail Pedestrian
Undercrossing at Fresno Street
• Fresno Sugar Pine Trail Pedestrian
Undercrossing at Shepherd Avenue
• Clovis Old Town Trail Pedestrian
Undercrossing at Herndon Avenue
• Clovis Old Town Trail Pedestrian
Undercrossing at Villa Avenue
• Clovis Old Town Trail Pedestrian
Undercrossing at Nees Avenue
• Clovis Old Town Trail Pedestrian
Undercrossing at Willow Avenue
• Fresno Sugar Pine Trail Improvements
Shepherd to Copper
13 For more than six decades our firm has been providing responsive and accurate land surveying services to clients. We know that quality data requires the right people and the right tools.
Blair, Church & Flynn survey crews are directed by a Licensed Professional Land Surveyor and are staffed with seasoned field surveyors averaging more than 15 years of experience. To improve communication, interaction and contract execution, all land surveying field survey crews are equipped with state of the art WiFi hot spots, emergency SOS beacons, satellite phones, iOS devices, and Microsoft Surface tablet computers. Beyond better project delivery and safety, these technologies also maximize data security and data backup. Ultimately, the Blair, Church & Flynn understands its responsibility to deliver clients with the highest possible level of service—utilizing the most effective set of tools, techniques, personnel, and resources in order to deliver results that reduce overall project risk rather than contributing to it, and accelerate a project schedule rather than impeding it.
HIGHLIGHTED EXAMPLES OF OUR FIRM’S LAND
SURVEY EXPERIENCE INCLUDE:
• Equipped with Leica survey-grade receivers, Blair, Church & Flynn’s land surveying crews have successfully surveyed and as-builted nearly 40 miles of high-pressure natural gas pipeline replacement projects, as well as junction stations, tie-ins, valve sites, and hydro-test projects.
• In one year alone, our land surveying crews provided
topographical mapping to nearly 100 project sites for electric vehicle charging stations being developed by utility companies. • Our survey team was responsible for the topographic, boundary, and land acquisition support needed for more than 16 miles of water transmission main pipeline, 25 miles of recycled water transmission mains, and 35 miles of sewer collection pipelines throughout the Central Valley area.
• We have current Master Services Agreements (MSAs) for territory-wide land surveying services for Southern California Edison (SCE), Pacific Gas & Electric Company (PG&E), Southern California Gas Company (SoCal Gas), and South West Gas
Company. Many of these MSAs are on their second or third renewal. We also hold MSAs wtih the Department of Water Resources, and Caltrans.
WE KNOW LAND SURVEYING
14 WE KNOW
For more than three decades, Blair, Church & Flynn has provided professional design services for a broad scope of community parks, green spaces, active recreation, and athletic venues and intramural spaces throughout California. Our design work for clients has included site work such as ADA improvements, pavement rehabilitation and parking lots, irrigation design and improvements, and new planting and landscape improvements. We’ve also assisted with the design of new facilities such as splash parks, play equipment, shade structures, soccer fields, play courts, swim complexes, portable bleachers, sports lighting and in most instances, these many amenities can be woven together creating recreation complexes.
And we believe that the Blair, Church & Flynn team, which includes licensed landscape architects, civil engineers, structural engineers, and electrical engineers can offer public agencies the exciting option of both the technical know-how, and the eye for beauty, that produces unparalleled park and recreation facilities. Blair, Church & Flynn is extraordinarily qualified to provide municipal clients with design services for recreation and green spaces and the site work or off-site improvements that are often included in these types of projects. Our entire team believes it’s of paramount importance that balance is achieved between aesthetics and engineering fundamentals, making every dollar count. And not just today’s dollar, but every dollar for the lifespan of the facility.
Our landscape design approach is based on an overall perspective that encompasses sustainable and multi-beneficial goals in water use and processes, floral communities and guilds, locally available and cost effective materials, and human well-being and enjoyment.
A primary focus of many of our projects is the two interrelated components of efficient water application and appropriate plant selection and design. Landscapes can be constructed using local and recycled materials to the greatest extent possible. Materials and products that reduce energy use, both embodied and operational, will be used and promoted whenever possible.
It is this first-hand experience that has successfully guided projects and clients seamlessly from master planning through construction, and then onto the ribbon cutting and community use.
FRESNO CHAFFEE ZOO MASTER PLAN & SEA LION COVE
AND HAVE APPLIED OUR MANY DECADES OF EXPERTISE
TO PARKS & GREEN SPACE ENSURING CLIENTS ARE LEFT WITH
NOT ONLY BEAUTIFUL, BUT LASTING FACILITIES.
PARKS & RECREATION
15 4. RESPONSE TIME
16 Over the last six and a half decades, Blair, Church & Flynn has built a solid reputation with public agencies and municipalities for thorough project planning, frequent communication, flexibility, and an eye for both the big picture and the details. We’ve carried this approach throughout our work, using this style of delivery with agencies and contractors on thousands of successful projects.
How We Successfully Deliver Projects:
Our principals and project managers personally lead small teams of engineers, landscape architects, designers, and other experts, ensuring each project receives the best resources tailored to its unique design, schedule, and manpower needs. We employ cross-trained designers who understand how various design elements interact with landscape architecture, aligning closely with each project’s vision and requirements.
Our team uses streamlined workflows to manage resources, enhance productivity, improve communication, and control costs. Clients value our reliable scheduling, which empowers our engineers to navigate the project development process with confidence and predictability.
To support a seamless delivery, we’ve integrated Newforma, an advanced project management software, into our process. This tool helps us schedule, assign, and track engineering tasks, review comments, and confirm revisions with current plans. Every task, milestone, budget, and completion status are carefully monitored and documented.
We prioritize cost control with state-of-the-art time tracking and billing software, weekly updates on work progress, and a custom in-house database of historical and current construction costs.
Over time, we’ve found that our management approach not only fosters strong client relationships but also highlights the value of dedicated design professionals who consistently deliver on-time, on-budget, and cost-effective solutions.
OUR RESPONSE & DELIVERY
HOW WE MANAGE A PROJECT
WE DON’T “BAIT
& SWITCH” STAFF
RESOURCES. ASSIGNED
PROJECT MANAGERS
INTERACT DAILY WITH
THEIR CLIENTS.
17 The foundation of any successful project is built on a team of talented professionals with the expertise and skills to bring all the pieces together and deliver results on time and on budget.
Our firm brings a broad range of experience and knowledge to projects, with a team that includes planners, civil engineers, designers, and surveyors.
As a mid-sized firm, we offer the capabilities and resources needed for complex projects without the bureaucracy and delays common in larger organizations. This allows us to mobilize quickly for meetings, project kick-offs, and timely delivery of studies. Our clients have direct access to Principals and key team members through mobile contacts, ensuring
prompt communication and efficient problem-solving.
Using a streamlined approach supported by a diverse team of technical experts and environmental specialists, Blair, Church & Flynn applies the engineering process to meet project requirements. Our team possesses a deep understanding of project delivery, development, and the construction process.
Open communication and transparency enable us to develop cost-effective solutions that meet each stakeholder’s needs while minimizing unexpected challenges.
Our flexible approach allows us to scale our involvement based on the program’s phases or a project’s timeline. Our teams follow structured workflows that detail each step needed to complete specific tasks, ensuring consistent, reliable results.
An essential component of our firm’s success is our strong, longstanding relationships with clients, such as Central Valley agencies and municipalities. Our understanding of client needs, and refined management practices allow us to commit confidently to project timelines, budgets, and resources. These practices include managing project backlogs, maintaining flexible resource availability, setting diligent team schedules, and empowering project managers with control over their teams and resources.
Blair, Church & Flynn prioritizes the timely delivery of all engineering and surveying services through a structured, resource-driven approach that emphasizes efficiency,
flexibility, and direct accountability. Our approach is designed to ensure the City of Turlock receives consistent, on-schedule service throughout each project phase.
Beyond our technical expertise, we provide clients with access to a broad network of professional contacts that support project approvals and coordination with agencies, municipalities, and special districts. Our team maintains daily communication with agencies such as various Irrigation Districts, the State Water Resources Control Board, the California Department of Fish and Wildlife, the San Joaquin Valley Air Pollution Control District, and Caltrans—all of which play critical roles in the success and timely completion of local projects.
SCHEDULES & TIMELINES
HOW OUR TEAM STAYS ON TIME & ON BUDGET
18 We believe that clients should work with people they respect, trust and can communicate easily with about their project’s objectives and expectations. Beyond any singular project, we’ve also come to discover this approach fosters healthier long-term relationships and reinforces the value of dedicated, knowledgeable design professionals who can advocate for a client, and in turn deliver timely and cost-effective solutions.
OUR KEY STAFF RESUMES CAN BE FOUND IN APPENDIX B WITH
INFORMATION ABOUT THEIR INDIVIDUAL SKILLS, EXPERTISE,
AND YEARS OF RELEVANT EXPERIENCE.
Blair, Church & Flynn is home to 200 full-time professional resources.
We are a diverse group of professionals with in-house resources, including:
licensed professional civil engineers, licensed professional electrical and mechanical engineers, licensed professional land surveyors, assistant engineers, engineering aids and engineers in training (EIT), design and CAD technicians, field crew personnel, land surveyors in training (LSIT) and other analysts, construction inspection, administrative and project support staff.
CAPABILITIES & RESOURCES
OUR IN-HOUSE DESIGN PROFESSIONALS
Talented PEOPLE.
Successful PROJECTS.
Since 1958, our goal
has been to become
an extension of a
client’s staff, with
the resources and
capacity to work
seamlessly, and
effectively, delivering
critical infrastructure.
19 5. PUBLIC AGENCIES
20 We are a home-grown firm, with our roots firmly planted in California. One of Blair, Church & Flynn’s specialties is serving the needs of California’s government entities, public agencies and regulated utilities. For more than 60 years, we have specialized in land surveying, permitting, planning, design and construction management for critical public agency infrastructure.
Our firm has developed a wealth of knowledge related to the topography, soils, drainage, underground infrastructure, regulations, design standards and construction practices as they relate to public agencies and regulated utilities throughout the state.
It’s a landscape that we fully understand, and this experience has given us valuable insight to know what works, what’s appropriate and what’s preferred by agencies and utilities in the delivery of professional services.
Blair, Church & Flynn has served California public agencies and utilities as a primary and subconsultant for more than six decades.
We have provided professional services to 75 California municipal, government and educational entities across the state.
As a testament to our abilities to work successfully with local municipalities and agencies, within the past 10 years, we have provided services for more than 1,000 projects for public agencies and utilities throughout California.
We are proud to have built a trusting relationship with a wealth of public agencies, municipalities and government institutions, and have found that many of these client’s values directly align with our own. Namely, our love of the collaborative and creative process, the development of strong, quality relationships, the satisfaction of a professional job done well, and the commitment and integrity of standing behind our work and delivering on our promises.
WE KNOW
Central Valley Infrastructure
Our firm is a trusted advisor to Central Valley agencies, including the City of Turlock, Turlock Unified School
District, CSU Stanislaus, Southern California Edison,
and utilities like PG&E. Our team members have spent
decades working hand in hand with various City and
Central Valley staff, providing high quality services
professionally, efficiently, and responsively.
WHO WE SERVE
MUNICIPALITIES, PUBLIC AGENCIES & UTILITY PROVIDERS
21 6. REFERENCES
22 PROFESSIONAL REFERENCES
Professional Services CLIENT REFERENCES
ASOLID Reputation
Mr. Steve White, PE
Director of Public Works & Planning
County of Fresno
2220 Tulare Street, 6th Floor
Fresno, CA 93721
559.262.4078
Mr. Michael Carbajal
Department of Public Utilities
City of Fresno,
2600 Fresno St.
Fresno, CA 93721
559.621.8600
Scott Redelf
Department of Public Utilities
City of Clovis
155 N. Sunnyside Ave
Clovis, CA 93612
559.324.2648
Mr. Mike Marelli
Vice President
Business Customer Division
Southern California Edison
626.633.9940
[email protected]
Mr. Thad Avery, PE
City Engineer
City of Clovis
Department of Planning & Development
1033 Fifth Street
Clovis, CA 93612
559.324.2355
Mr. Wendell Keller, LEED, AP
Construction Program Manager
Operational Services, CRE
Southern California Edison
8631 Rush Street
Rosemead, CA 91770
626.302.1690
Mr. Luke Serpa
City Manager, City of Clovis
1033 Fifth St.
Clovis, CA 93612
559.324-2614
Mr. Scott Mozier
Director of Public Works
City of Fresno
2600 Fresno Street, 4th Floor
Fresno, CA 93721-3623
559.621.8650
Mr. John Nelson
Sr. Project Manager
Charge Ready Project Management
Southern California Edison
909.714.0061
[email protected]
Mr. Dustin Underwood
Manager
Charge Ready Project Management
Southern California Edison
559.331.2426
[email protected]
Ms. Shannon Fillion
Manager
Charge Ready Project Management
Southern California Edison
760.270.9399
[email protected]
Mr. Brian Caton
Project Manager
EV Charge Ready
Southern California Edison
909.767.0098
[email protected]
Blair, Church & Flynn are trusted advisors who listen
attentively, offer sound advice, and work efficiently.
Our firm’s 66 years of success reflects the abilities
of our staff and we always encourage prospective
clients to contact client references and validate the
quality of our work. Below, we have provided a
list of client references for projects similar to those outlined in the City’s RFQ.
23 7. SAMPLE OF WORK
24 Blair, Church & Flynn was the civil engineering firm tasked with assisting Darden Architects on various modernization improvements at Turlock High School, which is being secured with new fencing, a single point of entry, a new science building, additional parking, and high visibility crosswalks as part of a renovation project to address classroom space, campus security, fire, life, safety, and ADA upgrades. Our highlighted responsibilities for this project include:
Canal Drive Parking Lot Improvement Plans
The design of plans and specifications for a parking lot on the north side of eastbound Canal Drive between Berkeley Avenue and Wallace Street, including the redesign of the main crosswalk to the high school with flashing beacons, an underground storm water retention facility, street lights, pavement striping, landscaping and irrigation. As part of the work of this project we coordinated with City staff, the Turlock Irrigation District and the High School. We also provided site reviews during construction.
Colorado Avenue, Berkeley Avenue and Canal Drive Street Improvements
The design of plans and specifications for a student loading and unloading area along the east side of Colorado Avenue south of Lyons Avenue, a revised crosswalk across Colorado Avenue at Lyons Avenue, bulb-out sidewalks on Berkeley Avenue at Canal Drive with security gates and crosswalk, bulb-out sidewalks with security gate on Berkeley Avenue north of Marshall Street, new sidewalk improvement along the west side of Berkeley Avenue north of Marshall Street, and the redesign of the Canal Drive crosswalk to the school administration building. As part of the work of this project we coordinated with City staff, the Turlock Irrigation District and the High School. We will also provide periodic site reviews as construction proceeds.
Berkeley Avenue Street Light Improvements
The design of plans and specifications for the removal of existing street lights and the installation of new street lights on Berkeley Avenue between Canal Drive and Campus Drive. As part of the work of this project we coordinated with City staff and the High School. We will also provide periodic site reviews as construction proceeds.
Civil Engineering
Land Surveying
Electrical Engineering
Structural Engineering
Landscape Architecture
Turlock High School Modernization Project & Off-Site Street Improvements Location............................................................... Turlock, CA Contracting Agency........ Turlock USD / City of Turlock Contracting Agency PM................. Anthony R. Orosco, PE Contact .............................................................(209) 668-5520 Date of Contract .................................................. 2018-2021 Date of Completion ........................................................ 2021 Our Role ........................................................Prime Engineer Consultant Project Manager...............Jeffrey Brians, PE Contact [email protected] 25 Herndon Avenue Widening & Roadway Improvements
From Temperance Avenue to DeWolf Avenue
Blair, Church & Flynn is assisting the City of Clovis with a roadway improvement project, Herndon Avenue Widening from Temperance Avenue to DeWolf Avenue, that utilizes Measure C funding in Clovis, California. The scope of the project is to provide a six-lane divided roadway on Herndon Avenue from Temperance Avenue to Coventry Avenue, a four-lane divided roadway on Herndon Avenue between Coventry Avenue and Locan Avenue, and a
four-lane divided roadway transitioning into the existing two-lane undivided roadway on Herndon Avenue between Locan Avenue and DeWolf Avenues.
Also as part of this widening project is the preparation of an Official Plan Line document for Herndon Avenue from Temperance Avenue to the easterly most DeWolf Avenue, a new traffic signal will be added at the intersection of Herndon Avenue and Locan Avenue, the traffic signal at Herndon Avenue and Temperance Avenue will be modified, full intersection improvements will be constructed at Locan Avenue, street lighting will be added along the south side of Herndon Avenue, the bridge over the Enterprise Canal (State Bridge #42C-0116) will be widened to the ultimate road right-of-way width, and new Fresno Metropolitan Flood Control District storm drain facilities will be constructed in Herndon Avenue from Locan Avenue to the Enterprise Canal bridge. Overhead utilities conflicting with the project design will be undergrounded between Temperance Avenue and Locan Avenue and relocated between Locan Avenue and the Enterprise Canal bridge.
Blair, Church & Flynn is the prime engineer for the project and is responsible for design of the new roadway improvements and Official Plan Line document, including preparation of construction documents, coordination of subconsultants and utility authorities, and bidding and construction support. Our firm was responsible for the preparation of a Schematic Design Report (SDR), which includes full-size Geometric Approval Drawings (GADs), incorporated geotechnical investigation, topography and right-of-way information.
In addition, we assisted the City with right-of-way acquisitions for 6 properties, environmental permitting and coordination of mitigation measures.
Location.................................................................. Clovis, CA Contracting Agency..................................... City of Clovis Contracting Agency Project Manager .....Luke Serpa, PE
Contact .............................................................(559) 324-2614 Construction Amount ..........................................$6 Million Date of Contract ............................................2018-Present Date of Completion ...........................................................N/A Our Role ........................................................Prime Engineer Consultant Project Manager............ Bradley Kerner, PE Contact [email protected] Civil Engineering
Land Surveying
Landscape
Architecture
SERVICES PROVIDED:
Environmental Permitting
Project Management
Right-of-Way Acquisition
Support
26 Blair, Church & Flynn was the prime engineer for the City of Hanford‘s Eastside Sanitary Sewer Trunk Main project design. The City successfully pursued and obtained an Economic Development Adminstration grant for design and construction of the Eastside Trunk Sewer This project consists of constructing approximately 20,033 feet of sanitary sewer trunk main and 49 manholes in the east side of the due to inadequate service capacity.
The new sewer main begins at the City’s Wastewater Treatment Plant that is located near the southeast corner of 11th and Houston Avenues. The new sewer main ranges in pipe size from 12-inch diameter to 36-inch diameter. The project is located within the limits of the City of Hanford’s 2035 Growth Boundary. Significant coordination for this project is necessary with utility companies, California Department of Transportation (Caltrans), BNSF Railroad, Lakeside Ditch Company, and other local agencies.
Our firm was responsible for topographic surveying, utility and agency coordination, preparation of preliminary and final construction drawings, bidding phase support services, construction phase support services, construction staking, and grant reporting support.
Location.............................................................. Hanford, CA Contracting Agency....... City of Hanford, Public works Contracting Agency Deputy Director ............ John Doyel Contact ... (559) 585-2571; [email protected]
Construction Amount. ......................................$9.5 Million Date of Contract .......................................................... 2017 Date of Completion ........................................................ 2020 Our Role ........................................................Prime Engineer Consultant Project Manager............ Bradley Kerner, PE Contact [email protected] Civil Engineering
Land Surveying
Construction Management
Project Management
Grant Reporting & Support
SERVICES PROVIDED:
City of Hanford East Side Sanitary Sewer Trunk Main & Expansion 27 The City of Fresno acquired a 49-acre location in 2005 from the U.S.
National Park Service and is now planning to develop the property into a sprawling 50-acre park, called South Peach Avenue Park, to best serve the residents of Southeast Fresno.
The park will include play structures, ball fields, active and passive facilities, various areas of shade, universal accessibility, drought-tolerant landscapes, and low-water-use plants.
The new park will be constructed in three phases, and Blair, Church & Flynn will provide engineering and landscape architecture services to assist on Phase 1 of the project. Our firm’s first task was working with the City’s internal stakeholder team to prepare a master development concept drawing that will be used in the initial community engagement meeting.
Prior to this meeting, an advertising campaign for this project started, consisting of both digital advertising and a mailed advertisement. The goal of this campaign is to advise the surrounding residents on when and where they can attend the planned community engagement events, and to provide an opportunity for residents to complete a survey that will provide basic feedback to the project team on community priorities and needs.
After survey responses and the first meeting input are recorded, our firm will develop a revised proposed overall Master Plan. We will then provide a OPCC, attend two more community engagement meetings, and provide a final Master Site Plan. After DP approval is obtained, we will prepare a Phase 1 construction drawing package and submit it for plan check to the City and other local Authorities Having Jurisdiction (AHJ’s).
Additionally, our firm will be working collaboratively with the City’s Public Works Department on the off-site project for the widening of Peach Avenue.
Other off-site improvements will include paving, curbs and gutters, wheelchair ramps, sidewalks, street lighting, sewer, water and storm drain facilities, applications for new PG&E service for street lighting, and relocation of franchise utilities.
Other scope items will include Geotechnical Engineering investigations, including soil borings for any Phase 1 building structures, R-value testing for Phase 1 pavement design, and preparation of a soils report, as well as site utility design. The proposed construction budget for the Park’s Phase 1 is $7.2 million.
Peach Avenue Park Conceptual Master Plan:
The new park could include recreation
amenities such as soccer fields, picnic areas,
gardens, fitness stations, basketball courts, as
well as an amphitheater, food plaza, walking
loop, event lawn and dog park.
Location......................................................... Fresno, CA Contracting Agency............................. City of Fresno Agency Project Manager ...........Mike Mooneyham, PE
Contact ......................................................(559) 621-8650 Construction Amount ................................$7.1 Million Date of Contract .................................... 2020-Present Date of Completion ....................................................N/A Our Role .................................................Prime Engineer Consultant Project Manager.......... Zach Hockett, PE
Contact ................................. [email protected] Civil Engineering
Land Surveying
Electrical Engineering
Landscape Architecture
Project Management
SERVICES PROVIDED:
City of Fresno South Peach Avenue Park & Green Space
28 This project was the modernization of infrastructure for the Turlock Unified School District. The aging Turlock science building was demolished, and redesigned in a contemporary style for the District. The previous Turlock High School science building was nearly 60 years old, but had outlived its use due to a growing population of students and teachers.
Turlock Unified School District‘s goal of this project was to develop various modernization improvements at Turlock High School, including additional security fencing, construction of new parking improvements along the north side of East Canal Drive, improvements to the parking lot for the Industrial Building, and removal and replacement of the existing Science Building. This included the new construction of the Science Building. The improvements also included a parking lot, a concrete sidewalk plaza, and landscaping.
Services provided by Blair, Church & Flynn consisted of completing all civil engineering tasks, including preparing construction documents for the demolition, site, grading and drainage, utility connections (domestic water and sanitary sewer), and landscaping and irrigation improvements required for the building. We also provided designs for the sidewalk and inlets, fencing, land surveying, and SWPPP services.
Turlock High School New Science Building
Location: Turlock, California
Owner: Turlock Unified School District
Civil Engineering
Land Surveying
Electrical Engineering
Structural Engineering
Landscape Architecture
29 Located midway between the San Francisco Bay area and the Sierra Nevada Mountains, the 228-acre campus of California State University, Stanislaus (CSUS) serves a diverse student body of more than 10,000.
Blair, Church & Flynn is currently assisting the University with Storm Water Program Management services and the development of MS4 General Permit Compliance Documentation. Our firm’s role involves the coordination and preparation of programs and documents required for the University to be in compliance with the California Phase II MS4 permit regulations.
Blair, Church & Flynn just completed the draft of comprehensive compliance documents for CSU Stanislaus stormwater management plan. Our storm water services included:
• Document Approach Determination & Record Audit
• Preparation of Comprehensive MS4 General Permit Storm Water Management Program
• Guidance Documents
• Program Management
• Education and Outreach Program
• Public Involvement and Participation Program
• Illicit Discharge Detection and Elimination Program
• Construction Site Storm Water Runoff Control Program
• Pollution Prevention/Good Housekeeping for Permittee
Operations Program
• Post-Construction Storm Water Management Program
• Program Effectiveness Assessment and Improvement Plan (PEAIP) • Document Submittal to State Water Board and Incorporation of Requested Revisions
• Annual Reporting Assistance
Location: Turlock, California
Owner: California State University, Stanislaus
Civil Engineering
Land Surveying
Electrical Engineering
Structural Engineering
Landscape Architecture
CSU Stanislaus Storm Water Management Plan
30 CSU, Stanislaus
Parking Lot Improvements
Location: Turlock, California
Owner: California State University, Stanislaus
Blair, Church & Flynn is currently assisting California State University, Stanislaus, with comprehensive engineering services for a new campus parking lot. The firm’s responsibilities include the preparation of construction plans, specifications, and estimated costs of construction.
The improvements to be constructed for Parking Lot No. 6 included pavement; concrete curb gutters and valley gutters; storm drainage pipelines and inlets; parking lot signing, striping, and paint markings, including ADA striping, signing, and pavement markings; parking lot lighting; landscaping; landscape irrigation facilities; additional ADA improvements in the existing western portion of Parking Lot No. 6; and improvements to support future public safety telephones and parking permit dispenser.
CSU, Stanislaus Student
Union Expansion & Renovation
Blair, Church & Flynn was part of the design team responsibile for the expansion and renovation of the Student Union space at CSU Stanislaus in Turlock, California. Originally built in 1978, the existing University Student Union had many structural issues and did not provide the resources to meet the needs of their growing student population. This design-build project included the removal of portions of the existing Student Union Facility and construction of new 47,500 square feet of space, as well as the conversion of the existing 24,000 sf bookstore into an event space. Facility will act as the “heart” of the campus, providing a place for students to collaborate, create and relax. The programming for the project included lecture halls, theater space, offices, and food service vendor spaces. Project cost was approximately $35 million.
Blair, Church & Flynn was the civil engineer responsible for assisting the design-build team with underground utilities, grading and drainage, land surveying and landscape architecture for the project.
Location: Turlock, California
Owner: California State University, Stanislaus
Civil Engineering
Land Surveying
Electrical Engineering
Structural Engineering
Landscape Architecture
Civil Engineering
Land Surveying
Electrical Engineering
Structural Engineering
Landscape Architecture
CITY CONTRACT NO. 2025-088 21
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SERVICE REQUEST NO. ___
CONSULTANT: ________________________
PROJECT: ____________________________
THIS SERVICE REQUEST dated _____________________, is an addendum to the Agreement for Right of Way and Property Appraisal Services (“Agreement”) dated _____________ between the City of Turlock (“City”) and _____________________ (“Consultant“).
WHEREAS, upon execution, this Service Request shall be considered a part of the Agreement; and
WHEREAS, this Service Request establishes the Scope of Work and compensation amounts for specific Right of Way and Property Appraisal Services and authorizes Consultant to proceed with the project.
NOW, THEREFORE, the parties mutually agree as follows:
SCOPE OF WORK
1. City agrees to compensate Consultant for the required work in accordance with the terms of payment stipulated in the Agreement and this addendum. An itemized list of tasks and a detailed cost for the completion of the required work is attached hereto as Exhibit A to this Service Request No. ____. The cost for completion of the items of work shall not exceed _______________ and no/100ths Dollars ($____________).
2. All work associated with this Service Request shall conform to the requirements of the Agreement and this addendum and shall be completed to the satisfaction of City within ________ months of the Notice to Proceed.
3. Except as herein modified, all terms and conditions in the Agreement remain unchanged and are in full force and effect.
CITY OF TURLOCK, a municipal corporation CONSULTANT
By: __________________________________ By: ________________________________ William D. Morris, City Engineer
Title: _______________________________
Address: ____________________________
____________________________
Phone: _____________________________
CITY CONTRACT NO. 2025-092 1
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AGREEMENT BETWEEN THE CITY OF TURLOCK
and
NORTHSTAR ENGINEERING GROUP, INC.
for
ON-CALL ENGINEERING AND SURVEYING SERVICES
City Contract No. 2025-092
THIS ON-CALL SERVICES AGREEMENT (the “Agreement”) is entered into by and between the CITY OF TURLOCK, a California municipal corporation (“City”), and NORTHSTAR ENGINEERING GROUP, INC., a California corporation (“Professional”), on this 14th day of January 2025 (the “Effective Date”). City and Professional may be collectively referred to herein as the “Parties” or individually as “Party.” There are no other parties to this Agreement.
RECITALS
A. City seeks to hire an independent contractor to perform professional services to assist City with the On-Call Engineering and Surveying Services (the “Project”).
B. Professional has made a proposal to City to provide such professional services. A description of the services Professional proposes to provide is included in the Scope of Services which are shown in Exhibit A (Request for Qualifications) and in Exhibit B (Statement of Qualifications) attached hereto and incorporated herein by reference (“Services”). City desires to retain Professional to perform the Services, subject to the terms and conditions set forth in this Agreement.
C. The Parties have outlined the rates and method of payment to Professional for its performance of the Services under this Agreement (“Compensation Schedule”), which shall be included in Exhibit B (“Statement of Qualifications”).
D. The Parties anticipate that Professional shall provide Services for one or more Capital Improvement Program (CIP) projects as determined through creation of individual Service Request(s). The Service Request(s) shall identify the project-specific scope, maximum CITY CONTRACT NO. 2025-092 2
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compensation, and schedule (“Completion Schedule”) for providing the Services. The Service Request(s) shall be made effective upon signature and execution by either the City Engineer or the Municipal Services Director and the Professional. A blank template of the Service Request is provided in Exhibit C.
NOW, THEREFORE, in consideration of the promises and covenants set forth below, the Parties agree as follows:
AGREEMENT
1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and Sections 1 through 53 of this Agreement, Sections 1 through 53 shall prevail.
2. Term. The term of this Agreement shall be three (3) years and will commence on the Effective Date and terminate on the 14th day of January, 2028 (“Term”) unless the Parties mutually agree in writing to terminate the Agreement earlier or extend the Term pursuant to this Agreement.
3. Extension of Agreement. [Intentionally Omitted]
4. Effective Date. This Agreement shall only become effective once all of the Parties have executed the Agreement (the “Effective Date”).
5. Work.
5.1. Services. Subject to the terms and conditions set forth in this Agreement, Professional shall provide City the Services described in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement. Any request for Services not included in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement will be considered a request for additional or modified Services (“Modification” or “Modifications”). Professional shall not receive additional compensation for any Modification of the Services unless the Parties agree otherwise in a writing executed by both Parties.
5.2. City Requested Modification of Services. City may, by written order, authorize Modifications to the Services described in Exhibit A, Exhibit B, and the Service Request(s) executed under this Agreement. If such Modifications cause an increase in the cost or time required for performance of Professional’s Services, the Parties shall enter into a written amendment to this Agreement to adjust the Services and the compensation to be paid to Professional and, if necessary, amend the Completion Schedule or Compensation Schedule. The Services, Completion Schedule, or Compensation Schedule shall not be revised unless City and Professional mutually agree to a written amendment to this Agreement reflecting such revisions, additional compensation, time for performance or such other terms or conditions mutually agreed upon by the Parties.
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5.3. Professional Requested Modification in Services. Professional shall not be compensated for work outside the Services described in this Agreement, unless, prior to the commencement of the Services:
(a) Professional provides City with written notice that specific work requested by City or required to complete the Project is outside the agreed upon Services. Such notice shall:
(1) be supported by substantial evidence that the work is outside the Services; (2) set forth the Professional’s proposed course of action for completing the work and a specific request for City to approve the Modification to the Services; (3) set forth the Professional’s proposed revisions, if any, to the Completion Schedule; and (4) set forth the Professional’s proposed revisions, if any, to the Compensation Schedule; and
(b) City agrees that the work requires a Modification;
(c) City approves all adjustments, if any, to the Completion Schedule and Compensation Schedule; and
(d) The Parties execute a written amendment to this Agreement describing any Modification, together with any adjustment in the Completion Schedule and Compensation Schedule for Professional’s work.
6. Compensation.
6.1. Amount, Time and Manner of Payment for Professional Services. City shall pay Professional according to the rates and timing set forth in the Compensation Schedule. On each anniversary date of the Effective Date, Professional will be allowed to increase prices with thirty (30) days’ written notice to City. Increases may not exceed increases in the San FranciscoOakland Consumer Price Index for all urban consumers or percentage increases in Professional’s published prices, whichever is lower. In all cases, City may cancel this Agreement if a requested price increase is not acceptable. City’s total compensation to Professional shall not exceed ThreeHundred Thousand and No/100ths Dollars ($300,000) (“Maximum Payment”), unless the Parties mutually agree in writing otherwise.
6.2. Deposit. [Intentionally Omitted]
6.3. Subsequent Payments. City shall make monthly payments in the amount invoiced by Professional within thirty (30) calendar days of receiving such invoice. In the event that an amount of an invoice is in dispute, City shall inform Professional of the amount and basis for the dispute and may withhold the amount which is in dispute until the dispute has been resolved.
6.4. Invoices. Professional shall provide City with monthly invoices sufficiently evidencing Professional’s expenses and completion of the Services. All invoices furnished to City by Professional shall be in a form approved by City. The payments specified shall be the only payments made to Professional for performance of the Services, including compensation for any CITY CONTRACT NO. 2025-092 4
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Modification. Professional shall submit all billings for Services to City within forty-five (45) days of the performance of such Services. City shall issue payment according to City’s customary procedures and practices for issuing payments to independent contractors.
7. Notice to Proceed. Professional shall not commence the performance of the Services until it has been given notice by City (“Notice to Proceed”), with which City shall also deliver the Deposit.
8. Time of Performance. Professional warrants that it will commence performance of the Services upon issuance of the Notice to Proceed from the City for each Service Request. . The time of performance is a material term of this Agreement relied on by City in entering into this Agreement.
9. City Assistance to Professional. [Intentionally Omitted]
10. Time and Personnel Devoted to Services. Professional shall devote such time and personnel to the performance of this Agreement, as is necessary to perform the Services in compliance with the Completion Schedule, Compensation Schedule, and this Agreement.
11. Performance by Qualified Personnel; No Subcontracting. Services under this Agreement shall be performed only by competent personnel under the supervision and direct employment of Professional. Professional will conform with City’s reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement or any part of it unless such subcontracting is expressly approved by City in writing. Neither Party shall, on the basis of this Agreement, contract on behalf of, or in the name of the other Party. An agreement made in violation of this provision shall confer no rights on any Party and shall be null and void.
12. Representations of Professional. City relies upon the following representations by Professional in entering into this Agreement:
12.1. Qualifications. Professional represents that it is qualified to perform the Services provided in Exhibit A and Exhibit B and that it possesses the necessary licenses and permits required to perform the Services or will obtain such licenses or permits prior to the time such licenses or permits are required. Professional shall also ensure that all subcontractors are similarly licensed and qualified. Professional and all subcontractors shall also obtain a business license from City before they commence performance of the Services. Professional represents and warrants to City that Professional shall, at Professional's sole cost and expense, keep in effect or obtain at all times during the Term of this Agreement, any licenses, permits, and approvals which are legally required for Professional to practice Professional's profession at the time the Services are rendered.
12.2. Professional Performance. Professional represents that all Services under this Agreement shall be performed in a professional manner and shall conform to the customs and standards of practice observed on similar, successfully completed projects by specialists in the CITY CONTRACT NO. 2025-092 5
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Services to be provided. Professional shall adhere to accepted professional standards as set forth by relevant professional associations and shall perform all Services required under this Agreement in a manner consistent with generally accepted professional customs, procedures and standards for such Services. All work or products completed by Professional shall be completed using the best practices available for the profession. Professional agrees that, if a Service is not so performed, in addition to all of its obligations under this Agreement and at law, Professional shall re-perform or replace unsatisfactory Service at no additional expense to City.
12.3. No Waiver of Claims. The granting of any progress payment by City, or the receipt thereof by Professional, or any inspection, review, approval or oral statement by any representative of City, or state certification shall not, in any way, waive, limit, or replace any certification or approval procedures normally required or lessen the liability of Professional to re-perform or replace unsatisfactory Service, including, but not limited to, cases where the unsatisfactory character of such Service may not have been apparent or detected at the time of such payment, inspection, review or approval.
12.4. City’s Remedies are Cumulative. Nothing in this Section shall constitute a waiver or limitation of any right or remedy, whether in equity or at law, which City or Professional may have under this Agreement or any applicable law. All rights and remedies of City, whether under this Agreement or applicable law, shall be cumulative.
12.5. No Conflict of Interest. Professional represents that no conflict of interest will be created under state or federal law by entering into or in carrying out this Agreement.
13. Conformity with Law and Safety. Professional shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over any or all of the scope of Services, including all provisions of the Occupational Safety and Health Act of 1979 as amended, all California Occupational Safety and Health Regulations, the California Building Code, the Americans with Disabilities Act, any copyright, patent, or trademark law, and all other applicable federal, state, municipal and local safety regulations, appropriate trade association safety standards, and appropriate equipment manufacturer instructions. All Services performed by Professional must be in accordance with these laws, ordinances, codes and regulations.
Professional’s failure to comply with any laws, ordinances, codes, or regulations applicable to the performance of the Services hereunder shall constitute a breach of contract. In cases where standards conflict, the standard providing the highest degree of protection shall prevail.
If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Agreement, Professional shall immediately notify City's risk manager by telephone. If any accident occurs in connection with this Agreement, Professional shall promptly submit a written report to City, in such form as City may require. This report shall include the following information: (a) name and address of the injured or deceased person(s); (b) name and address of Professional's subcontractor, if any; (c) name and address of Professional's liability insurance carrier; and (d) a detailed description of the accident, including whether any of City's equipment, tools or materials were involved.
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If a release of a hazardous material, substance, or waste occurs in connection with the performance of this Agreement, Professional shall immediately notify City. Professional shall not store hazardous materials or hazardous waste within City limits without a proper permit from City.
14. Contact by Professional with Project Owner or Project Applicant. Unless otherwise set forth in the Services, neither Professional nor Professional's subcontractors shall directly contact the owner of the property involved in the Project or any party who is the applicant for the Project (“Interested Party”), or an employee or contractor of an Interested Party, on any matter relating to the Project without the prior consent of the Contractor Administrator. In no event shall Professional take any instructions or directions from an Interested Party on any matter pertaining to the Professional's Services to be performed for City under this Agreement.
15. Confidentiality. Professional understands and agrees that, in the performance of Services under this Agreement or in the contemplation thereof, Professional may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City (“Confidential Information”).
Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization. Professional may be directed or advised by the City Attorney on various matters relating to the performance of the Services on the Project or on other matters pertaining to the Project and, in such event, Professional agrees that it will treat all communications between itself, its employees and its subcontractors as being communications which are within the attorney-client privilege.
Notwithstanding the foregoing, Professional may disclose Confidential Information required to be disclosed under law, provided that, prior to disclosure, Professional shall first give notice to City and make a reasonable effort to obtain a protective order requiring that City’s Confidential Information not be disclosed. This exception is limited to the extent disclosure is required under law.
16. Excusable Delays; Notice to Other Party of Delay. Professional shall not be in breach of this Agreement in the event that performance of Services is temporarily interrupted or discontinued due to a “Force Majeure” event which is defined as: riots, wars, sabotage, civil disturbances, insurrections, explosion, natural disasters such as floods, earthquakes, landslides, fires, strikes, lockouts and other labor disturbances or other catastrophic events, which are beyond the reasonable control of Professional. Force Majeure does not include: (a) Professional’s financial inability to perform; (b) Professional’s failure to obtain any necessary permits or licenses from other governmental agencies; or (c) Professional’s failure to obtain the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Professional.
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17. Assignment Prohibited. No Party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempt or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect.
18. Suspension of Services by City. City reserves the right to suspend Professional's Services under this Agreement when City determines that it is necessary to do so. When possible, City shall give Professional notice of such suspension and Professional shall, upon receipt of said notice, suspend all Services except any Services, the completion of which is authorized by the notice given by City. If the Services are suspended by City for more than sixty (60) consecutive days, for reasons other than the fault of the Professional, the Professional shall be compensated for Services performed prior to notice of such suspension. When the Project is resumed, the Professional's compensation shall be equitably adjusted by City to provide for expenses incurred by the interruption of the Services. In this regard, Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional during the period when Services were suspended.
If the Parties are unable to agree upon the amount of extra compensation which is due to Professional within thirty (30) days of Professional resuming Services, the amount of such additional compensation, if any, that is required to appropriately compensate the Professional for its expenses incurred by the interruption of Services may, upon the request of either Party, be determined by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. Such arbitration shall be commenced by the Professional no later than sixty (60) calendar days following the event which entitles the Parties to pursue arbitration unless the Parties agree in writing to an extended time period for commencement of arbitration. Unless otherwise agreed in writing, all Parties shall carry on the Services and perform their duties during any arbitration proceedings, and City shall continue to make payments for the Services in progress as required by this Agreement.
19. Ownership of Work Product. Any and all work, artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, designs, specifications, drawings, diagrams, surveys, source codes, professional or technical information or data, photographs, notes, letters, emails or any original works of authorship created by Professional or its subcontractors or subcontractors in connection with Services performed under this Agreement (“Products”) shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such works are the property of City. In the event it is ever determined that any Product created by Professional or its subcontractors, or subcontractors under this Agreement, are not works for hire under U.S. law, Professional hereby assigns all copyrights to such Products to City. With the prior written approval of City's point of contact for the Project, Professional may retain and use copies of such Products for reference and as documentation of its experience and capabilities.
All Products shall become the property of City irrespective of where located or stored, and Professional agrees to deliver all such documents and information to City, without charge and in whatever form it exists, on the completion of the Professional's Services hereunder. Professional shall have no ownership interest in such Products.
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All work product of Professional under this Agreement, including written information which City will cause to be distributed for either internal or public circulation, including both preliminary and final drafts, shall be delivered to City in both printed and electronic form, or as may be specified in Exhibit A.
When this Agreement is terminated, Professional agrees to return to City all documents, drawings, photographs and other written or graphic material, however produced, that it received from City, its contractors or agents, in connection with the performance of its Services under this Agreement. All materials shall be returned in the same condition as received.
20. Termination of Work by City for Its Convenience. City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional.
In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:
(a) Professional shall deliver copies of all Products prepared by it pursuant to this Agreement.
(b) If City terminates this Agreement for convenience before City issues the Notice to Proceed to Professional or before Professional commences any Services hereunder, whichever last occurs, City shall not be obligated to make any payment to Professional. If City terminates this Agreement after City has issued the Notice to Proceed to Professional and after Professional has commenced performance under this Agreement, City shall pay Professional the reasonable value of the Services rendered by Professional pursuant to this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services. Professional shall furnish to City such financial information that, in the judgment of the City Manager, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Professional prior to termination and the Parties are unable to agree upon said amount within sixty (60) calendar days following the date of the notice of termination by City, such dispute may, upon the request of either Party, be resolved by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement. (c) Except as provided in this Agreement, in no event shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination.
21. Assurance of Performance. If, at any time, City believes Professional may not be adequately performing its obligations under this Agreement or may fail to complete the Services as required by this Agreement, City may submit a written request to Professional for written assurances of performance and a plan to correct observed deficiencies in Professional's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.
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22. Cancellation for Breach by Either Party. Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving written notice and specifying the effective date of such cancellation. If City cancels this Agreement for breach and it is subsequently determined that Professional did not fail to substantially perform its obligations in accordance with this Agreement, then cancellation for breach by City shall be deemed, and treated, as termination for convenience.
Neither Party waives the right to recover damages against the other for breach of this Agreement, including any amount necessary to compensate City for all detriment proximately caused by Professional's failure to perform its obligations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.
City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.
23. Non-Discrimination. In its performance of the Services, Professional shall adhere to City’s EEO Policy which states, “The City is committed to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with applicable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”
In addition, all agreements with sub-contractors will include language as required by the Office of Federal Contract Compliance Programs (OFCCP) that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.
24. Arbitration of Disputes. All claims, disputes, and other matters in question between City and Professional arising out of or relating to this Agreement or the breach thereof, including claims of Professional for extra compensation for Services related to the Project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “Arbitration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Professional, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reasonable time after the claim, dispute, or other CITY CONTRACT NO. 2025-092 10
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matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitation.
The Parties shall jointly appoint an arbitrator within fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fifteen (15) calendar day period, and do not agree in writing to extend said period for a fixed period, then either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.
If any proceeding is brought to contest the right to arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.
In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:
(a) Promptly upon the filing of the arbitration, each Party shall be required to set forth in writing and to serve upon each other Party a detailed statement of its contentions of fact and law.
(b) All parties to the arbitration shall be entitled to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure. (c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein. (d) These additional rules shall be implemented and applied by the arbitrator.
The costs of arbitration shall be borne by the Parties as determined by the arbitrator, but each Party shall bear its own attorney's fees associated with the dispute with the other Party and to the arbitration.
25. Insurance Coverage. During the Term, the Professional shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A-:VII and will provide City with written proof of said insurance.
Professional shall maintain coverage as follows:
25.1. General Liability. Professional shall carry general liability insurance in the amount of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate shall be Four Million Dollars ($4,000,000.00).
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25.2. Workers’ Compensation Insurance and Employer's Liability. Professional shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Professional shall also carry employer’s liability insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollars ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollars ($1,000,000.00) limit for each employee’s bodily injury by disease.
25.3. Errors and Omissions Liability. Professional shall carry errors and omissions liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or greater if appropriate for the Professional's profession. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employees, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.
25.4. Commercial Automobile Liability. Professional shall carry commercial automobile liability insurance in the amount of Two Million Dollars ($2,000,000.00) or greater per occurrence for owned, leased, hired, and borrowed automobiles.
25.5. Umbrella or Excess Policy. Professional may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability and automobile Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Professional’s primary and excess liability policies are exhausted.
25.6. Waiver of Subrogation. With the exception of errors and omissions liability insurance, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of City for all work performed by Professional, its agents, employees, independent contractors, and subcontractors. Professional agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
26. Additional Insurance Requirements. Within five (5) days of the Effective Date, Professional shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the required workers’ compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notifying City if a policy is cancelled, suspended, reduced, or voided. With the exception of the workers’ compensation insurance, all of the CITY CONTRACT NO. 2025-092 12
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insurance policies required in this Agreement shall: (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s Agents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional; (c) cover products and completed operations of Professional, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection afforded to City; (d) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or selfinsurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (e) contain standard separation of insured provisions; and (f) state that any failure to comply with reporting or other provisions of the policy including breaches of warranties shall not affect the coverage provided to City.
27. Indemnifications.
27.1 Indemnification for Professional Liability. When the law establishes a professional standard of care for any portion of the Services provided under this Agreement, to the fullest extent permitted by law. Professional shall defend with legal counsel reasonably acceptable to City, indemnify and hold harmless City and City’s Agents from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts or omissions of Professional, or any direct or indirect subcontractor, employee, contractor, representative or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold harmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities. With respect to third party claims against the Professional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.
27.2 Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Professional shall indemnify, defend, and hold harmless City and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Professional or by any individual or agency for which Professional is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of Professional.
28. Liability of City. Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, CITY CONTRACT NO. 2025-092 13
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consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.
29. Independent Contractor. At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement. Professional shall be liable for its acts and omissions and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be construed as creating an employment, agency or partnership relationship between City and Professional. City shall have the right to control Professional only insofar as the result of Professional’s Services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Professional accomplishes Services rendered pursuant to this Agreement.
30. Professional Not Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
31. Payment of Taxes and Other Expenses. Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the transaction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.
32. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below.
If to City: City of Turlock
Attn: Christopher Fisher, Municipal Services Director
156 S. Broadway, Suite 150
Turlock, California 95380
With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456
If to Professional: NorthStar Engineering Group, Inc.
Attn: Anthony Cannella
620 12th Street
Modesto, CA 95354
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33. City Contract Administrator. City’s contract administrator and contact person for this Agreement is:
Stephen Fremming, P.E.
Principal Civil Engineer
156 S. Broadway, Suite 150
Turlock, California 95380
Telephone: (209) 668-5520
E-mail: [email protected]
34. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural and vice versa.
35. Use of City Project Number. [Intentionally Omitted]
36. Modification. No alteration, amendment, modification, or termination of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.
37. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
38. Assignment. No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part, to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.
39. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
40. Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.
41. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California.
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42. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Stanislaus.
43. Severability. If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
44. Execution and Counterparts. This Agreement may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
45. Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.
46. Entire Agreement. This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written. Should any conflict exist between the terms and conditions of the Agreement and any and all exhibits attached hereto, the terms and conditions of the Agreement shall prevail.
47. Supersedes Prior Agreement. It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.
48. Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
49. Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.
50. Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
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51. Attorney’s Fees and Costs. If any action at law or in equity not resolved pursuant to the “Arbitration of Disputes” section of this Agreement, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
52. Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
53. Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.
PROFESSIONAL
NorthStar Engineering Group, Inc., a
California corporation
By:
Print Name:
Title:
Date
CITY OF TURLOCK, a California
municipal corporation
By:
Reagan M. Wilson, City Manager
Date:
APPROVED AS TO SUFFICIENCY:
By:
Christopher Fisher, Municipal Services Director
APPROVED AS TO FORM:
By:
George A. Petrulakis, City Attorney
ATTEST:
By:
Nichole Fiez, City Clerk
Anthony Cannella
President
12/20/2024
REQUEST FOR QUALIFICATIONS (RFQ) NO. 24-015
FOR
ON-CALL AGREEMENT FOR
ENGINEERING AND SURVEYING SERVICES
RFQ ISSUED: 9/27/24
QUALIFICATIONS DUE: 10/30/2024 3:00 PM
SUBMIT QUALIFICATIONS TO:
CITY OF TURLOCK
ATTN: PURCHASING
156 S. BROADWAY, SUITE 270
TURLOCK, CA 95380