Agenda — Lake Elsinore City Council, February 14, 2023 (part 2 of 3)

required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest.

9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner .
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification . In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

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Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information , advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring ; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)

12. Ability of Contractor . City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor 's field of expertise .

13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses . Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession . Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession.

Contractor shall maintain a City of Lake Elsinore business license .

15. Indemnity . Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims , suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement , Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

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16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage . Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California . In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change . The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000 ,000) per occurrence for bodily injury, personal injury and property damage . If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage . Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles , in an amount of not less than one million dollars ($1,000 ,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage . b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,

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its elected or appointed officers, officials, employees, agents and volunteers . Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers , officials, employees or agents . v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers .
vi. The insurance provided by this Policy shall not be suspended , voided , canceled , or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions . d. Certificates of Insurance . Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices . Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section .

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to:City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Alta California Geotechnical, Inc.

Attn: Scott Gray
170 North Maple Street, Suite 108
Corona, CA 92880

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18. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor .

Contractor shall be fully responsible to City for all acts or omissions of any subcontractors .

Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

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

20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

21. Mediation . The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation . The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators . Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute . If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination .

24. Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000 , et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including , without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non- payment of prevailing wages under California law, and Contractor hereby agrees to defend,

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indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

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

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

27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. This Agreement may be executed in several counterparts , each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto . In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart .

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.

30. Amendments . This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney .

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Alta California Geotechnical, Inc., a Corporation

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City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
By: Scott Gray
Its: President
Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]

170 North Maple Street, Suite 108
Corona, CA 92880
www.altageotechnical.com
Corona Office
Phone: 951.509.7090

SERVICE FEE SCHEDULE

HOURLY PERSONNEL
Project Engineer & Geologist $ 140.00
Registered Civil Engineer & Engineering Geologist $ 125.00 Civil Engineering & E ngineering Geology Associate $ 100.00 Soils Technicians (prevaili ng wage) $ 130.00
Deputy Inspection (prevaili ng wage) $ 130.00
Laboratory Technician $ 74.00
AutoCAD Draftsperson $ 80.00

LABORATORY
Max. Den. / Opt. Moist. $ 148.00 “R”-Value $ 275.00 Direct Shear $ 148.00 Concrete Testing $ 40.00/Break Moisture & Density $ 19.00 Density - rock or chunk $ 70.00 A.S.C.E. Swell Index $ 111.00 Atterberg Limits $ 148.00 Consolidation $ 148.00
Full Gradation $ 148.00
Hydrometer $ 56.00
Sieve $ 74.00
Sand Equivalent $ 74.00
Specific Gravity $ 74.00

DDITIONAL CHARGES
Field Vehicles $ 12.00 / hr
Nuclear Gauge $ 10.00 / hr
Equipment Rental quote
Reprographics quote
Per Diem quote

December 2022

Corona Office
Phone: 951.509.7090

CITY OF LAKE ELSINORE January 12, 2023
ENGINEERING DIVISION
130 S. Main Street
Lake Elsinore, California 92530

Attention: Mr. Carlos Norvani

Subject: STATEMENT OF QUALIFICATIONS
Engineering On‐Call Geotechnical Testing Services

Dear Mr. Norvani:

Presented herein is Alta California Geotechnical, Inc.'s (Alta) Statement of Qualifications to support the Engineering Division of the City of Lake Elsinor e (City) with As‐Needed, On‐Call
Geotechnical Testing Services. The offer of this proposal is valid for ninety (90) days.

Alta California Geotechnical, Inc. appreciates the opportunity to be of service to you and your organization. Should you have any questions or need additional information, pleas e contact the undersigned at our Corona office.

Sincerely,
Alta California Geotechnical, Inc.

_________________________________
SCOTT A. GRAY/RGE 2857
Reg. Exp.: 12‐31‐24
Registered Geotechnical Engineer
President

Distribution: (1) Addressee

SAG: LM: SOQ ‐ January 12, 2023 Proposal ‐ Lake Elsinore On‐CallStatement of Qualifications, Engineering On‐Call Geotechnical Testing Services.

Statement of Qualifications Page 2
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Understanding of the Project
In order to provide support for the Engineering Division of the City of Lake Elsinore with As‐ Needed, On‐Call Geotechnical Testing Services, it is Alta’s understanding that the City may request that Alta assists the City with various geotechnical testing assignments pertaining to storm drain, grading and roadway paving operations. This work performed by Alta shall be under the direction of a licensed Geotechnical/Civil Engineer registered with the State of California with significant experience in Geotechnical Engineering.

Approach to Scope of Work
In an effort to provide our clients with timely geotechnical support, all scheduling of soils technicians goes through our Director of Field Operations. The Director of Field Operations manages the soils technicians and acts as a liaison to provide scheduling and field support for the field staff. Alta soil technicians regularly conduct evaluations of excavations, earth materials to be used as fill, and compaction procedures to ensure that project specifications are being followed. In‐place testing of compaction and moisture conditioning are performed in accordance with ASTM D1556 and/or ASTM D 2922‐01 in order to ensure project specifications are being followed. Alta technicians are also experienced in testing, sampling and inspecting construction materials such as concrete, asphalt and slurry.

Samples of materials being used throughout trench backfill, grading and roadway operations will be transported to the laboratory for testing to determine the engineering characteristics of the material. Testing of these materials may include: maximum density and optimum moisture (ASTM D1557 Methods A, B and C), grain size analysis (ASTM D422), Atterberg Limits (ASTM D4318‐D84 or CT204), sand equivalent (ASTM D2419 or CT217), asphalt maximum density (CT304), slurry abrasion number (ASTM G75‐15) and other related testing per Standard Specifications for Public Works Construction, County of Riverside, or Caltrans project specifications.

Statement of Qualifications Page 3
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Daily field engineering reports are written by the soils technician, including a summary of the day’s activities, equipment used, and areas of failing tests which have not been reworked/retested. These daily field engineering reports are made available to the client and/or inspector at the end of every working day. Field data regarding compaction tests and Daily Field Engineering Reports are submitted to an Alta Staff Engineer for review.

At the completion of services, Alta shall prepare a final report summarizing the work performed on the project. This report will include observations during construction, results of field and laboratory testing, and conclusion as to the project’s compliance with the approved plans and specifications.

Throughout the project, Alta shall provide the City with geotechnical project coordination, technical support, and management during the project. This work shall include work scheduling and the review of geotechnical reports, plans, and specifications. In order to ensure that all work is being performed in accordance with approved plans and specifications, a Representative of Alta shall attend all pre‐grade meetings, construction field meetings, and other coordination meetings. Decisions made during the construction meetings shall be implemented. Field compactions procedures shall be evaluated and recommendations shall be made where deemed appropriate.

Alta shall provide it’s geotechnical testing services based on an As Needed, On‐Call basis.

These services shall be provided in accordance with the Proposal Cost Breakdown.

Execution of these services may occur on weekends and at night as required. Additional reporting costs required for this project shall be negotiated with the City before preparation.

Statement of Qualifications Page 4
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Qualifications
Alta California Geotechnical, Inc., a California Corporation, is a fully insured soils engineering and engineering geology consulting firm with an office and soil testing laboratory in Corona, serving Los Angeles, San Bernardino, Riverside, San Diego and Orange Counties. Commited to providing pro‐active involvement, our principals regularly visit jobs sites and support our field personnel. Alta combines the disciplines of soil engineering and engineering geology on every project to provide cost‐effective practical solutions, and appropriate, helpful field support during construction.

Alta’s staff is experienced with a wide variety of geologic conditions found in the Lake Elsinore area including hard rock, liquefaction/high groundwater, complex geologic structure, landslide‐prone areas and faults.

Alta’s staff have extensive project experience in the area such as:
 The SB‐1 Downtown Pavement Resurfacing Project (Z‐10059),  The Lakeside Residential Project Investigation and Seismic Study,  The Westlake Project (Canyon Hills Development),
 The Grading and Resurfacing Project of Railroad Canyon Road,  A fault rupture investigation for DaVita Healthcare on Lakeshore,  The extension of Summerhill Drive (Tuscany Hills Project),  The Amberleaf Project (Canyon Hills Development).

The engineers and geologists at Alta are committed to providing our clients with an accurate depiction of the geotechnical conditions that yield accurate construction cost estimates. Alta works with the client’s multi‐disciplined consultants to produce quality projects with favorable outcomes. Alta is set apart from the competition with dedication to excellence and responsiveness to the client, all at a competitive cost.

ALTA CALIFORNIA GEOTECHNICAL, INC.

Project Manager

Statement of Qualifications Page 6
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Scott Gray
GE, PE
With a BS in Civil engineering and over 20 years’ experience in geotechnical engineering, Mr. Gray serves as President for Alta California Geotechnical, Inc. Mr. Gray previously worked for Pacific Soils Engineering, Inc., and served as the Manager of Geotechnical Services for the Inland Empire/San Diego areas. His project experience includes mass grading, pavement design and evaluation, subsurface investigations, water tank/reservoir projects, slope stability analyses, liquefaction studies, and onsite construction for residential and commercial developments.

Mr. Gray’s responsibilities include coordinating and supervising geotechnical field investigations, preparing and reviewing geotechnical reports, reviewing project plans and specifications, directing and supervising technicians in data compilation and analysis, and providing technical support for engineers and technical staff.

EDUCATION
BS Civil Engineering

YEARS OF EXPERIENCE
20 Years

REGISTRATIONS
Professional Engineer 69371
Geotechnical Engineer 2857

RELATED EXPERIENCE
Mr. Gray has extensive experience providing geotechnical engineering expertise to public infrastructure improvements including roadway paving operations and utility line backfill operations.

Mr. Gray has project experience in the area such as:
 The SB-1 Downtown Pavement Resurfacing Project (Z-10059),  The Lakeside Residential Project Investigation and Seismic Study,  The Westlake Project (Canyon Hills Development),
 The Grading and Resurfacing Project of Railroad Canyon Road,  A fault rupture investigation for DaVita Healthcare on Lakeshore,  The extension of Summerhill Drive(Tuscany Hillys Project),  The Amberleaf Project (Canyon Hills Development).

Geotechnical
Engineer

ALTA CALIFORNIA GEOTECHNICAL, INC.

Client References

Statement of Qualifications Page 8
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Silverwood Development, Phase 1
Alta is the geotechnical consultant of record for
Phase 1 of the Silverwood Development Project,
located in the City of Hesparia, California. We
initially conducted subsurface investigations of
the site which included hollow‐stem auger
borings and backhoe test pits. Laboratory
testing was conducted including particle size
analysis, maximum density/optimum moisture,
expansion index testing, consolidation and
chemical analysis. Utilizing the information,
grading and design recommendations were
developed for the project.

CLIENT NAME:

Silverwood Development Phase 1, LLC
Mike Hughes
[email protected]
Years of Services: 2021‐2023
Team Members:

Scott Gray (Geotechnical Engineer)
Tom McCarthy (Engineering Geologist)
Relavance:
 Offsite public electrical and water
utility improvements and associated
resurfacing of public streets with the
City of Hesparia.

Throughout the project, Alta has continued to provide grading /construction observations and testing services during the development. This has included observing and testing the engineered fill as it was placed and observing and approving removal bottoms. Thus‐far, the development has utilized Alta’s services in regards to offsite improvements for the City of Hesparia including public utility and electrical improvements and associated public roadway resurfacing.

Statement of Qualifications Page 9
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Canyon Hills Development
Alta was the geotechnical consultant of record
for the Canyon Hills Development by Tri Pointe
Homes (formerly Pardee Homes), located in the
City of Lake Elsinore, California. We initially
conducted subsurface investigations of the site
which included air‐percussion borings, rotary
wash borings and backhoe test pits. Laboratory
testing was conducted including particle size
analysis, maximum density/optimum moisture,
expansion index testing and chemical analysis.

Utilizing the information, grading and design
recommendations were developed for the
project.

CLIENT NAME:

Tripointe Homes
Denise Williams
[email protected]
Years of Services: 2014‐2022
Team Members:

Alta provided grading/construction observation and testing services during the development.

This included observing and testing the engineered fill as it was placed and observing and approving removal bottoms. We also observed and tested the infrastructure improvements as well as street construction for the residential development.

Statement of Qualifications Page 10
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Willow Springs; Caltrans Improvements
Alta is the geotechnical consultant of record for
the Willow Springs Developement, located in
the City of Murrieta, California. We initially
conducted subsurface investigations of the site
which included backhoe test pits. Laboratory
testing was conducted including particle size
analysis, maximum density/optimum moisture,
expansion index testing and chemical analysis.

Utilizing the information, grading and design
recommendations were developed for the
project. Alta has provided grading/construction
observation and testing services during the
development. This has included observing and
testing the engineered fill as it was placed and
observing and approving removal bottoms. We
also observed and tested the infrastructure
CLIENT NAME:

Lennar Homes
Brett Hood
[email protected]
Years of Services: 2014‐2022
Team Members:

Scott Gray (Geotechnical Engineer)
Tom McCarthy (Engineering Geologist)
Relavance:
 Observation and testing of mainline
utility trench backfill.
 Roadway design recommendations in
accordance with Caltrans
specifications.
 Roadway paving compaction testing
and reporting in accordance with
Caltrans requirements.
improvements as well as street construction for the residential development. As the geotechnical consultant of record for the project, Alta has prepared pavement design recommendations for Winchester Road in accordance with Caltrans specifications. Roadway paving observations, testing, and reporting are also done in accordance with Caltrans requirements.

Statement of Qualifications Page 11
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Railroad Canyon Road Extension
Alta was the geotechnical consultant of record
for the Canyon Hills Development by Tri Pointe
Homes (formerly Pardee Homes), located in the
City of Lake Elsinore, California. We initially
conducted subsurface investigations of the site
which included air‐percussion borings, rotary
wash borings and backhoe test pits. Laboratory
testing was conducted including particle size
analysis, maximum density/optimum moisture,
expansion index testing and chemical analysis.

Utilizing the information, grading and design
recommendations were developed for the
project.

CLIENT NAME:

Tripointe Homes (formerly Pardee Homes)
Chris Willis
[email protected]
Years of Services: 2014‐2016
Team Members:

Alta provided grading/construction observation and testing services during the extension and resurfacing of Railroad Canyon Road. This included providing observation and testing services during mainline joint utility trench backfill, construction of Southern California Edison transformer pads, and roadway paving operations.

ALTA CALIFORNIA GEOTECHNICAL, INC.

Team Members

Statement of Qualifications Page 13
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Thomas
McCarthy
CEG
With a BA in Geologic Science and more than 35 years’ experience in engineering geology, Mr. McCarthy serves as the Vice President of Alta California Geotechnical, Inc. Mr. McCarthy previously worked for Pacific Soils Engineering, Inc., and served as the Project Manager for the Inland Empire and Orange County areas. His project experience includes field observation of large earthwork projects, fault investigations, plan checking, report review, rippability and down hole geologic surveys, and geologic mapping for grading projects.

Mr. McCarthy’s responsibilities include coordinating and supervising geotechnical field investigations, preparing and reviewing geotechnical reports, reviewing project plans and specifications, directing and supervising geologists and technicians in data compilation and analysis, and providing technical support for geologists and technical staff.

EDUCATION
BA Geologic Science

YEARS OF EXPERIENCE
35 Years

REGISTRATIONS
Certified Engineering Geologist 2080

RELATED EXPERIENCE
Mr. McCarthy has extensive experience providing engineering geology expertise to public infrastructure improvements including roadway paving operations and utility line backfill operations.

Mr. McCarthy has project experience in the area such as:
 The SB-1 Downtown Pavement Resurfacing Project (Z-10059),  The Lakeside Residential Project Investigation and Seismic Study,  The Westlake Project (Canyon Hills Development),
 The Grading and Resurfacing Project of Railroad Canyon Road,  A fault rupture investigation for DaVita Healthcare on Lakeshore,  The extension of Summerhill Drive(Tuscany Hillys Project),  The Amberleaf Project (Canyon Hills Development).

Certified Engineering Geologist

Statement of Qualifications Page 14
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Dennis
Delacruz

With more than 40 years of experience in geotechnical observations and testing, Mr. Delacruz serves as a Director of Field Operations for Alta California Geotechnical, Inc. Mr. Delacruz previously worked for Pacific Soils Engineering, Inc. as a senior technician, primarily in the Inland Empire and Orange County areas. His project experience includes mass grading and onsite construction for residential and commercial developments, pavement construction, and water tank/reservoir projects.

Mr. Delacruz’s responsibilities include managing the soils technicians and acting as a liaison to provide scheduling and field support for soil technicians.

YEARS OF EXPERIENCE
40 Years

RELATED EXPERIENCE
Mr. Delacruz has extensive experience providing field operation expertise to public infrastructure improvements including roadway paving operations and utility line backfill operations.

Mr. Delacruz has project experience in the area such as:
 The SB-1 Downtown Pavement Resurfacing Project (Z-10059),  The Lakeside Residential Project Investigation and Seismic Study,  The Westlake Project (Canyon Hills Development),
 The Grading and Resurfacing Project of Railroad Canyon Road,  A fault rupture investigation for DaVita Healthcare on Lakeshore,  The extension of Summerhill Drive(Tuscany Hillys Project),  The Amberleaf Project (Canyon Hills Development).

Director of Field Operations

Statement of Qualifications Page 15
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Logan
Marquette

With a BS in Civil engineering, Mr. Marquette serves as a Staff Engineer for Alta California Geotechnical, Inc. His project experience includes mass grading for residential developments, pavement design and evaluation, subsurface investigations, water tank/reservoir projects, slope stability analyses, liquefaction studies, and onsite construction for residential and commercial
developments.

Mr. Marquette’s
responsibilities include preparing geotechnical
reports, directing and supervising technicians in data compilation and analysis, and providing technical support for technical staff.

YEARS OF EXPERIENCE
BS Civil Engineering

YEARS OF EXPERIENCE
5 Years

RELATED EXPERIENCE
Mr. Marquette has extensive experience providing field operation expertise to public infrastructure improvements including roadway paving operations and utility line backfill operations.

Mr. Marquette has project experience in the area such as:
 The SB-1 Downtown Pavement Resurfacing Project (Z-10059),  The Lakeside Residential Project Investigation and Seismic Study,

Staff Engineer

ALTA CALIFORNIA GEOTECHNICAL, INC.

Sub‐Consultants

Statement of Qualifications Page 17
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Personnel: James Burling, Staff Engineer, Engineering Support Omar Lorrabaquio, Lab Technician
Eric Doerschlag, Lab Technician
Cesar Lopez, Lab Technician
Qualifications: Registrations: State of California Registered Professional Engineer, State of California Certified Engineer Geologist, State of California Registered Professional Geologist, State of California Registered Geotechnical Engineer.

Certifications and Accreditations: AASHTO Materials Reference Laboratory Inspected, California Department of Transportation (Cal Trans), American Concrete Institute (ACI), Small Business Enterprise Certified (SBE), Minority Owned Business Enterprise (MBE), Disadvantaged Business Enterprise Certified (DBE), American Society for Testing and Materials (ASTM), National Institute for Certification in Engineering Technologies (NICET), International Code Council (ICC).

Proposed Duties: Laboratory testing support to include concrete, asphalt and slurry materials.

Aragón
Geotechnical, Inc.

Statement of Qualifications Page 18
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

PROPOSED FEE SCHEDULE
A proposed fee schedule based on hourly rates of assigned staff, including technical and administrative positions, is included as Attachment A.

Statements Of Complience

1.1 Attached as Attachment B is the City of Lake Elsinore, Engineering Department’s Request for Qualifications, Engineering On‐Call Geotechnical Testing Services, issued December 8, 2022. This RFQ has been incorperated in its entirety as a part of Alta’s Proposal.

1.2 This RFQ and Alta’s Proposal will jointly become part of the Agreement for Professional Consultant Services for this project when said Agreement is fully executed by Alta and the Mayor or City Manager of Lake Elsinore.

1.3 Services provided by Alta, and fees therefore, will be in accordance with the City’s RFQ except as otherwise specified in this proposal under Section 9.4 “ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL.”

1.4 ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL

1.4.1 None

1.5 Names, qualifications and proposed duties of Alta’s staff to be assigned to this project, as well as a listing of recent similar projects including names, titles, addresses and contact information are provided in this Statement of Qualifications. If one or more of Alta’s staff should become unavailable, Alta may substitute other staff of at least equal competence only after prior written approval by the City.

1.6 Alta acknowledges and understands that Alta will not be allowed to change the sub‐consultant without written permission from the City.

Statement of Qualifications Page 19
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

1.7 All charges for Alta services is a “Not‐to‐Exceed Fee” which must include conservatively estimated reimbursable expenses, as submitted with and made a part of Alta’s Proposal.

1.8 Alta will document and provide the results of the work to the satisfaction of the City. This may include preparation of field and final reports, or similar evidence of attainment of the Agreement objectives.

1.9 Alta will Iimmediately document and notify the City of any defects or hazardous conditions observed in the vicinity of the project site prior, during, or after completion of work.

1.10 Attached as Attachment A is Alta’s hourly rate schedule. This hourly rate schedule is part of this proposal for use in invoicing for progress payments and for extra work incurred that is not part of this proposal.

1.11 Alta shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

1.12 All federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In a case of conflict between federal, state, or local laws or regulations the strictest shall be adhered to.

1.13 Alta shall allow all authorized federal, state, county and City officials to access to place of work, books, documents, papers, fiscal, payroll, materials, and other relevant contract records pertinent to this special project.

1.13 Alta shall comply with the Davis‐Bacon Fair Labor Standards Act (40 USC 276‐a through a‐7), and the implementation regulations issued pursuent thereto (29 CFR Section 1, 5), any amendments thereof and the California Labor Code.

Pursuent to the said regulations, entitled “Federal Labor Standards Provisions,”

Statement of Qualifications Page 20
January 12, 2023

ALTA CALIFORNIA GEOTECHNICAL, INC.

Federal Prevailing Wage Decision” and State of California prevailing wage rates, respectively.

1.14 Alta shall comply with the Copeland Anti‐Kickback Act (18 USC 874) and the Implementation Regulation (29 CFR 3) issued pursuent thereto, and any amendments thereof.

1.15 Alta offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Ace (15 USC Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from the purchases of goods, services, or materials pursuent to the public works or the subcontract. This assignment shall be made and become affective at the time the City tenders final payment to Alta, without further acknowledgement by the parties.

CITY OF LAKE ELSINORE

ENGINEERING DEPARTMENT

REQUEST FOR

QUALIFICATIONS

ENGINEERING ON-CALL GEOTECHNICAL TESTING

SERVICES

Contact Information
City of Lake Elsinore
Engineering Division
130 S. Main Street
Lake Elsinore, CA 92530
Phone: (951) 674-3124
Fax: (951) 471-1261
www.lake-elsinore.org

DUE DATE: 2:00 PM, January 19, 2023
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RFP 1 On-Call Geotechnical Testing Services
Services

I. INVITATION
You are hereby invited to submit a Proposal to provide As Needed, On-call Geotechnical Testing Services. From time to time the Engineering Division requires support from a Consultant Engineer knowledgeable in Geotechnical Testing to provide professional recommendations and assistance regarding geotechnical testing related engineering issues. These services will be on an intermittent basis and will be for a two (2) year on-call agreement with a one (1) year contract extension at the City’s option.

These services will be conducted under a contract with the City of Lake Elsinore, hereinafter referred to as "City". The engineering consultant entity is hereinafter referred to as "Consultant".

The contract will be regulated according to the provisions of all Federal, State and local laws and ordinances that are applicable. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.

II. PROJECT DESCRIPTION
The Consultant shall provide all necessary As-Needed, On-call Geotechnical Testing Services to the City. The selected firm(s) may be asked to assist the City with various Geotechnical Testing assignments pertaining to storm drain, grading and roadway paving operations. The City will assign work to the firm(s) as is deemed necessary and appropriate by the City. All work performed by the consultant shall be under the direction of a licensed Civil Engineer registered with the State of California with significant experience in Geotechnical engineering.

No subcontractors shall be utilized without prior authorization by City. Duration of contract shall be three (3) years from Council approval of contract, subject to annual review by the City.

The anticipated project schedule is as follow:

Issue Request for Proposal: December 8, 2022
Proposal due: January 19, 2023
Consultant Selection: January 26, 2023
Estimated City Awards Contract: February 14, 2023

DUE DATE AND TIME

City of Lake Elsinore staff member assigned to work with the Consultant on this project is Carlos Norvani, Capital Improvements project Engineer, (951) 674-3124 Ext. 248. The City reserves the right to modify staff assignments.

Proposals for the RFP, as described herein, will be sent electronically by e-mail to Carlos Norvani, [email protected] before the Bid due date.

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RFP 2 On-Call Geotechnical Testing Services
Services

Proposers are encouraged to not wait until deadline to submit proposals, as system - related questions may arise.

A pre-proposal conference has not been scheduled for this project.

Clarification desired by a respondent relating to definition or interpretation shall be requested in writing with sufficient time to allow for a response and prior to the date RFPs are due. Oral explanation or instructions shall not be considered binding on behalf of the City.

Any modifications to this solicitation will be issued by the City as a written addendum.

The City will not consider proposals received after the specified time and date as held in the City of Lake Elsinore. An amendment is considered a new proposal and will not be accepted after the specified time and date.

Any contract resulting from this RFQ will be financed with funds available to the City from private development projects and/or other local funds.

This On-call RFQ does not commit the City of Lake Elsinore to award a contract or pay any costs associated with the preparation of a proposal. The City reserves the right to cancel, in part or in its entirety, this solicitation should this be in the best interest of the City.

Questions concerning the proposal should be directed to Carlos Norvani at the City of Lake Elsinore Engineering Department at 951.674.3124 Ext. 248 or via electronic mail at [email protected].

III. SCOPE OF WORK
General Scope of Work and Information

• Evaluation of excavation: Vendor will inspect and evaluate the excavation of trenches to ensure that the excavations for the proposed sewer improvements and pavement sections have exposed competent material at the bottoms for the placement of the piping following the placement of the approved bedding material. If excavations result in exposure of saturated, incompetent material at the bottom, proper remediation measures must be recommended. The sides of the excavation must be inspected for any seeping water. The nearby structures must be closely observed to ensure that there are no adverse impacts from deep excavations.
• Evaluation of earth material to be used as backfill: Vendor must collect samples of the proposed back fill material and deliver them to the materials laboratory. Appropriate testing will be performed to determine the appropriate placement method for the backfill material and if the backfill material meets project specifications.
• Evaluation of compaction procedures: Vendor must evaluate the compaction procedure for the backfill of trench excavations to ensure that the project specifications have been followed (appropriate thickness of lift, proper compaction method, etc.). Similar evaluations must be performed for the subgrade and street pavement sections.
• Testing of compaction, moisture content, etc.: Vendor must conduct compaction tests by Sand Cone Test Method (ASTM D1556) and/or Nuclear Method (ASTM D 2922-01) to determine the relative compaction of the backfill material. At least one (1) compaction test will be conducted every 100 lineal feet of trench and at 6-inch to 8-inch average intervals in backfill. Sufficient testing must be performed within the subgrade of the pavement section, as well as in the AB to verify compliance related to the relative compaction requirements contained in the project specifications. The density of the AC (as well as the temperature) will be checked at the time of its placement during the construction of pavement sections.

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RFP 3 On-Call Geotechnical Testing Services
Services

• Concrete testing and inspection: Vendor must inspect the pouring of PCC on forms (types, size, quality, and strength) to ensure construction is according to design. The inspector must observe surfaces where the concrete is to be placed, the design mix, the hauling time from the batch plant to the job site, the segregation or loss of ingredients, the equipment used in conveying and depositing concrete, the slump, the temperature, and all other properties of concrete per Standard Specifications for Public Works Construction (SSPWC “Greenbook”, County of Riverside or Caltrans (State of California Standard Specifications) specifications.
• Asphalt testing and inspection: Vendor must inspect the placement of AC for pavement sections to ensure that construction is proceeding according to design. The inspector will observe surfaces where AC is to be placed, the design mix, the hauling time from the batch plant to the job site, the segregation or loss of ingredients, the equipment used in conveying and depositing, the lay-down operation, field-density, and all other properties of per ASTM standards/specifications. Vendor must obtain representative wet samples for laboratory analysis.

During the progress of the work, Vendor must prepare daily field reports. A copy of these reports will be submitted to the Inspector representing the City on a daily basis. The report will include a written summary of the day's activities, a summary of all field-testing performed, and a listing of any outstanding failing tests which have not been reworked/retested.

Testing time and the associated fees can be minimized by proficient and timely work by the Contractor and by coordination among the Project Superintendent, the City Inspector, and Vendor’s engineers/technicians. When a larger number of tests are scheduled at a time, greater efficiency can be achieved, resulting in lower overall fees. However, the testing and inspection duration is dependent on the progress of work by the Contractor. The inspections, observations, and testing must be provided after the pre-grade meeting and the commencement of construction activities, and must continue until all components associated with the project have been achieved in accordance with the project specifications.

Vendor must be present at the site when the geotechnical observations, inspections, and testing are required, and must spend an appropriate amount of time in the field commensurate with the testing requirements.
• Slurry Abrasion Testing:

Vendor must inspect the placement of slurry for pavement sections to ensure that construction is proceeding according to design. The inspector will observe surfaces where slurry is to be placed, depositing, the lay-down operation, field-density, and all other properties of slurry per standards/specifications. Vendor must obtain representative wet samples for laboratory abrasion analysis.

This test method covers a single laboratory procedure that can be used to develop data from which either the relative abrasivity of any slurry (Miller Number) or the response of different materials to the abrasivity of different slurries (SAR Number), can be determined.

Laboratory Testing: The following testing must be conducted in Vendor’s materials laboratory to determine the engineering characteristics of the subgrade soils, AB, AC, Slurry and PCC: Modified Proctor Testing to Determine Maximum Dry Density/Optimum Moisture Content:
• Max. Density/Opt. Moisture- ASTM D1557 (Methods A & B) This document was created by an application that isn't licensed to use novaPDF.

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RFP 4 On-Call Geotechnical Testing Services
Services

• Max. Density/Opt. Moisture- ASTM D1557 (Method C)
Soil Classification:
• Grain Size Analysis- ASTM D422
• Atterberg Limits (LL&PL)- ASTM D4318-D84 or CT204 • Sand Equivalent- CT217 or ASTM D2419 Asphalt Testing:
• Test Maximum Density- CT304 (Set of 5 Specimens)
• Slurry Abrasion Number SAR Number- ASTM G75-15 (1-2 Specimens) Concrete Testing:
• Per Standard Specifications for Public Works Construction (SSPWC “Greenbook”), County of Riverside or Caltrans project specifications (State of California Standard Specifications) Technical Management:

Vendor must provide geotechnical project coordination, technical support, and management during the project. This must include work scheduling and the review of the project geotechnical reports, plans, and specifications. Additionally, Vendor must attend all pre-grade meetings, construction field meetings, and other coordination meetings to assure the City that all work being performed is in accordance with the approved plans and specifications. Vendor must implement all of the decisions made during the construction meetings. The field compaction procedures must be evaluated and recommendations will be made where appropriate.

Report Preparation: At the completion of services, Vendor must prepare a final report that will summarize all of the work performed on the project. The report must include observations during construction, results of field and laboratory testing, and a conclusion as to the project's compliance with the contract plans and specifications. Three (3) wet-signed copies of the report must be provided.

Associated Fees: Vendor must provide its geotechnical observation and material testing services for the above referenced project in accordance with the estimated fees as presented in the Proposal Cost Breakdown. Vendor must provide services on an on-call basis. Vendor may have to work on weekends and at night as required. Costs for any additional reports required for this project will be negotiated with the City before preparation.

Experience Required: A qualified candidate must have a minimum 5 years experience with Public Works construction projects, including geotechnical experience with sewer pipeline installation, and have completed at minimum, three (3) projects of similar work. Candidates must be familiar with the Standard Specifications for Public Works Construction (SSPWC “Greenbook”) and Caltrans specifications.

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RFP 5 On-Call Geotechnical Testing Services
Services

IV. RESPONSIBILITIES OF THE CITY

 The City will direct the development of individual projects, provide management oversight, coordinate with applicants as needed and conduct administrative arrangements.  The City will pay an agreed upon amount normally within 30 days after receipt of an invoice(s).
 The City will not be able to provide dedicated workspace facilities i.e. office space.  The City reserves the right to perform any portion of the scope of work with City personnel and/or by other Consultants.
 The City shall furnish all applicable Policies, Procedures and Reference materials that are unique to the City of Lake Elsinore.

V. NON-ELIGIBLE EXPENSES
Pre-contractual expenses are defined as expenses incurred by consultants in:

1. Preparing the proposal in response to this request;

2. Submitting that proposal to the Engineering Department of the City of Lake Elsinore;

3. Negotiating with the City any matters related to this RFP;

4. Any other expenses incurred by the consultants prior to date of executed Professional Service Agreement.

The City of Lake Elsinore shall not, in any event, be liable for any pre-contractual expenses incurred by the consultants.

VI. PROPOSAL CONTENT AND INFORMATION
Proposal shall include the following information:

1. Pdf file of complete proposal sent via e-mail.

2. A c over letter signed by an agent authorized to bind the company and including a statement that the offer is valid for at least a ninety (90) day period.

3. Understanding of the Project.

4. Description of the firm’s approach to the Scope of Work.

5. Description of the qualifications of the firm (two page max.).

6. Resume of the Project Manager in responsible charge who will also be the City’s liaison.

7. Most recent client reference list (four clients max.), including description of work performed at other Agencies in a similar capacity (max. one page per client).

8. List of assigned project team members, including project references, and qualifications (max. two pages per team member).

9. Proposed Fee Schedule based on hourly rates of assigned staff, including technical and administrative positions. Such hourly rates should be fully burdened or loaded, including full compensation for all overhead and profit. Billing rates shall include provision for normal office costs, including but not limited to office rental, utilities, insurance, equipment, normal This document was created by an application that isn't licensed to use novaPDF.

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RFP 6 On-Call Geotechnical Testing Services
Services

supplies and materials, in -house reproduction services and local travel costs. Normal office costs shall be paid at an “at cost” rate. Mark-ups on office costs shall not be made.

Fee Schedule to be submitted in a separate file and marked as Attachment A.

VII. EVALUATION OF PROPOSALS
Consultants interested in being considered must submit proposals in compliance with this RFP. Based on evaluation of the submitted proposals, a selection committee will review the proposal submitted . A short list of three (3) top ranked/qualified firms will be established. Upon completion of the evaluation, firms will be ranked and negotiations will be initiated with the highest ranked firm. The content of your proposal will become an integral part of the contract documents. If for any reason a contract cannot be negotiated with the selected firm, the next ranked firm will be selected from the Consultant ranking list for negotiations.

The City reserves the right to reject any and all proposals submitted and/or request additional information for clarification.

Selection Criteria

Proposals failing to demonstrate credible firm and key staff experience shall be eliminated from consideration. The basis for selection of prospective consultant shall include experience and availability of the Project Manager and other key personnel to be assigned, understanding of the work to be performed and proposal approach, d emonstrated competence in the services to be provided, history of meeting schedule deadlines and completing work within budget, demonstrated competence in successful completion of projects. Any contract to be awarded as a result of the RFP will be awarded without discrimination based on race, color, religion, sex or national origin.

Requirements/DBE Policy

• The City’s M/W/DVBE Contract Participation Program affirms the utilization and participation of qualified minority, women and disabled veteran firms in its contracting and procurement activities. The City encourages candidate firms to afford competitive subcontracting opportunities to minority, women and disabled veteran firms, where possible, in their contracting and procurement activities with the City of Lake Elsinore.

VIII. CONSULTANT’S PROPOSAL AND COMPENSATION

The Consultant’s Proposal shall be no more than 20 pages, excluding a cover letter of up to two pages, dividers, and certificates. Proposals failing to provide sufficient information and assurances of performance to accurately assess each category of the required services and failing to comply with requirements and conditions of the RFP will not be given further consideration. The Consultant’s Proposal shall include the following:

A. A statement that this RF Q shall be incorporated in its entirety as a part of the Consultant's Proposal.

B. A statement that this RF Q and the Consultant's Proposal will jointly become part of the Agreement for Pr ofessional Consultant Services for this project when said Agreement is fully executed by the Consultant and the Mayor or City Manager of This document was created by an application that isn't licensed to use novaPDF.

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RFP 7 On-Call Geotechnical Testing Services
Services

Lake Elsinore.

C. A statement that the Consultant’s Services to be provided, and fees therefore, will be in accordance wi th the City's RF Q except as otherwise specified in the Consultant's Proposal under the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL."

D. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed description of all of the exceptions to the provisions and conditions of this Request for Proposal upon which the Consultant’s Proposal is contingent and which shall take precedent over this RFP.

E. A statement of qualifications applicable to this project including the names, qualifications and proposed duties of the Consultant’s Staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses and telephone numbers of the appropriate persons whom the City could contact. If one or more of the Consultant’s staff should become unavailable, the Consultant may substitute other staff of at least equal competence only after prior written approval by the City.

F. A statement of sub-consultant’s (include relief personnel) qualifications applicable to this project including the names, qualifications and proposed duties of the sub- consultant’s staff to be assigned to this project; a listing of recent similar projects completed including the names, titles, addresses, and telephone numbers of the appropriate persons whom the City could contact.

G. A statement that the Consultant acknowledges and understands that the consultant will not be allowed to change the sub -consultant without written permission from the City.

H. A statement that all charges for Consultant services is a “Not-to-Exceed Fee” which must include conservatively estimated reimbursable expenses, as submitted with and made a part of said Consultant's Proposal.

I. A statement that the Consultant will document and provide the results of the work to the satisfaction of the City. This may include preparation of field and final reports, or similar evidence of attainment of the Agreement objectives.

J. A statement that the C onsultant will immediately document and notify the City of any defects or hazardous conditions observed in the vicinity of the project site prior, during, or after completion of work.

K. A copy of the Consultant's hourly rate schedule and a statement that sa id hourly rate schedule is part of the Consultant's Proposal for use in invoicing for progress payments and for extra work incurred that is not part of this RFP.

L. A statement that the Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

M. A statement that all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In a case of conflict between federal, state or local laws or regulations the strictest shall be adhered to.

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RFP 8 On-Call Geotechnical Testing Services
Services

N. A statement that the Consultant shall allow all authorized federal, state, county, and City officials access to place of work, books, documents, papers, fiscal, payroll, materials, and other relevant contract records pertinent to this special project. Al l relevant records shall be retained for at least three years.

O. A statement that the Consultant shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC 276 -a through a -7), and the implementation regulations issued pursuant thereto (29 CFR Section 1, 5), any amendments thereof and the California Labor Code. Pursuant to the said regulations, entitled “Federal Labor Standards Provisions,” Federal Prevailing Wage Decision” and State of California prevailing wage rates, respectively.

P. A statement that the Consultant shall comply with the Copeland Anti-Kickback Act (18 USC 874) and the Implementation Regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.

Q. A statement that the Consultant offers and agrees to assign to the City all rig hts, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Consultant, without further acknowledgment by the parties.

R. The Consultant is encouraged to include DBE firms in the Proposal when applicable. There is no DBE goal for this project.

The Agreement is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of T ransportation Financial Assistance Programs.” Proposers who obtain Disadvantaged Business Enterprise (DBE) participation on this contract will assist the City in meeting its overall DBE goal for the race-neutral program and race conscious program.

DBEs and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (49 CFR 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assi stance Programs”). The Consultant should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this ass urance. The Consultant shall not discriminate on the basis of race, color, national origin, sex, age, or physical or mental disability, sexual orientation or retaliation in the award and performance of subcontracts.

A Race-Neutral Program is one that, while benefiting DBEs, is not solely focused on DBE firms. A Race -Neutral Program utilizes measures that can assist a wide variety of small businesses including DBEs, such as arranging solicitations, times for the presentation of proposals, quantities, specifications, and delivery schedules in ways that facilitate DBE and other small business participation (e.g., unbundling large contracts to make them more accessible to small businesses, requiring or encouraging prime Consultants to subcontract portions of wo rk that they might, otherwise, perform with their own forces). Race-neutral DBE participation includes any time a DBE obtains a prime contract through customary competitive This document was created by an application that isn't licensed to use novaPDF.

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RFP 9 On-Call Geotechnical Testing Services
Services

procurement procedures or is awarded a subcontract on a prime contract that does not carry a DBE goal or even if there is a DBE goal, wins a subcontract from a prime Consultant that did not consider its DBE status in making the award.

Race conscious program is focused specifically on assisting only Underutilized Disadvantaged Business Enterprises (UDBE). UDBEs are limited to those DBE’s that are owned and controlled by African Americans, Asian Pacific Americans, Native Americans, and women

Good faith efforts are required to meet the UDBE contract goals. In order to show good-faith-effort in obtaining a DBE Consultant or sub -consultant, the following criteria have been established:

1. The Consultant can meet the goal, documenting commitments for participation by UDBE firms sufficient to meet the goal.

2. Even if the Consultant does not meet t he goal, the Consultant can document adequate good faith efforts. The Consultant must show that they took all necessary reasonable steps to achieve a UDBE goal.

3. A good-faith-effort by the prime Consultant in trying to secure participation by UDBE’s prior to award of this contract shall be documented and the documentation shall be submitted in writing. The following types of actions will be considered a part of the Consultants good faith efforts to obtain UDBE participation.

a. Soliciting through all reasonab le and available means (e.g., attendance at pre -proposal meetings, advertising and/or written notices) the interest of all certified UDBEs who have the capability to perform the work of the contract. The Consultant must solicit this interest within sufficient time to allow the UDBEs to respond to the solicitation. The Consultant must determine with certainty if the UDBEs are interested by taking appropriate steps to follow-up initial solicitations.

b. Selecting portions of the work to be performed by UDBEs in order to increase the likelihood that the UDBE goal will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate UDBE participation, even when the prime Consultant might otherwise prefer to perform these work items with their own forces.

c. Providing interested UDBEs with adequate information about the requirements of the contract in a timely manner to assist them in responding to a solicitation.

d. Negotiating in good faith with interested UDBEs. It is the Consultants responsibility to make a portion of the work available to UDBE sub -consultants, and to select those portions of the work consistent with the available UDBE sub -consultants, so as to facilitate UDBE participation. Evidence of such negotiation includes:
names, addresses, telephone numbers of UDBEs that were
considered; a description of the information provided regarding the work selected for sub -consultants, and evidence as to why agreements could not be reached for UDBEs to perform the work.

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e. Not rejecting UDBEs as being unqualified without reasons based on a thorough investigation of their capabilities. The consultant’s standing within its industry, membership in specific groups, organizations or associations, and political or s ocial affiliations are not legitimate causes for the rejection or non -solicitation of proposals in the Consultant’s efforts to meet the project goal.

f. Making efforts to assist interested UDBEs in obtaining bonding, lines of credit or insurance as required by the recipient Consultant. g. Making efforts to assist interested UDBEs in obtaining necessary equipment, supplies, materials or related assistance or services.

h. Effectively using the services of available minority or women community organizations, minorit y or women consulting groups, local, state and federal minority or women business assistance offices, and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of UDBEs.

S. Complete Disclosure of Lobbying Activities (Form LLL – see attached)

T. Complete List of subconsultants.

IX. GENERAL COMPLIANCE WITH LAWS AND WAGE RATES

A. The Consultant shall be required to comply with all federal, state, and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775.

B. The Consultant is required to submit certified payrolls weekly. This applies to all applicable field personnel working on the project. In accordance with Section 1771.5 (b) (5) of the California Labor Code, the City will withhold payments when the payroll records are delinquent or inadequate.

X. FEDERAL EMPLOYEE BENEFIT

No member of, or delegate to, the Congress of the United States, and no Resid ent Commissioner shall be admitted to any share or part of the Agreement to the said project or to any benefit to arise from the same.

The Consultant shall complete and include the “Certification for Contracts, Grants, Loans, and Cooperative Agreements” a nd “Disclosure of Lobbying Activities” forms with the Proposal.

XI. PAYMENT TO CONSULTANT

A. This work is to be performed for a “Not-to-Exceed Fixed Fee.”

B. The Consultant shall provide a “Payment Schedule” indicating the fee for individual tasks with a “Not-to-Exceed Fixed Fee” which shall be the sum of all tasks.

C. Tasks shall include, but not be limited to, all Professional Consultant Services necessary to complete the work covered by this Proposal.

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D. The City will pay the Consultant for work completed as identi fied in the Payment Schedule.

E. Progress payments shall be based on tasks performed as identified in the Payment Schedule. Monthly invoices will specifically identify job title, person -hours, and costs incurred by each task.

F. Sub-categorization of tasks is permitted to better define the task for payment.

G. Reimbursement costs such as mileage, printing, telephone, photographs, postage and delivery, are to be included in the “Not-to-Exceed Fixed Fee.”

H. All tasks including labor and reimbursable costs such as mi leage, printing, telephone, photographs, postage, and delivery shall have supporting documentation presented at the time payment is requested.

I. The City will pay the Consultant for all acceptable services rendered in accordance with the “Agreement for Professional Consultant Services.”

J. When the Consultant is performing, or is requested to perform, work beyond the scope of service in the “Agreement for Professional Consultant Services,” an “Amendment to the Agreement” will be executed between the City and Consultant.

K. Payment will be based on hourly rate for work completed associated with each applicable task as identified in the consultant’s proposal.

L. Consultant will need to purchase a valid City Business License.

XII. INSURANCE

A. The Consultant shall provide Errors and Omissions Professional Insurance. Such coverage limits shall not be less than $1,000,000 per claim and aggregate.

B. The Consultant shall have Public Liability and Property Damage Insurance in the amounts as follows:

GENERAL LIABILITY
Bodily Injury $1,000,000 per occurrence
Property Damage $ 500,000 per occurrence

A combined single limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the above minimum limits.

C. The Consultant shall have Public Liability and Property Damage Insurance coverage for owned and non -owned automotive equipment in the amount of not less than $1,000,000.

D. They Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of t he Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence

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E. The Consultant shall have Workers’ Compensation Insurance in the amounts as will fully comply with the laws of the State of California.

F. A Certificate of Insurance or an appropriate binder shall bear an endorsement containing the following provisions:

"Solely as respect to services done by or on behalf of the named insured for the City of Lake Elsinore, it is agreed that the City of Lake Elsinore, its officers, employees and agents are included as additional insured under this general liability policy and the coverage(s) provided shall be primary insurance and not contributing with any other insurance available to the City of Lake Elsinore, its officers and employees and agents, under any third party liability policy."

G. Insurance companies providing insurance hereunder shall be rated (A minus: VII - Admitted) or better A.M. Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California.

H. The terms of the insurance policy or policies issued to provide the above insurance coverage shall not be amended to reduce the above required insurance limits and coverage’s nor shall such policies be canceled by the carrier without thirty (30) days prior written notice by certified or registered mai l of amendment or cancellation to the Agency, except that cancellation for non -payment of premium shall require ten (10) days prior written notice by certified or registered mail. In the event the said insurance is canceled, the Consultant shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amount established.

I. It is the consultant’s responsibility to ensure that all subconsultants comply with the following: Each subconsultant that encroaches within the City’s ri ght-of-way and affects (i.e., damages or impacts) City infrastructure must comply with the liability insurance requirements of the City’s Public Works Division. Examples of such subconsultant work include soil sample borings, utility potholing, etc.

The “ Application for Encroachment Permit” form (four pages), including “Application for Encroachment Permit Liability Insurance Requirements,” is available in the Public Works Division and must be completed and submitted in full to the City Project Manager. It is the Consultant’s responsibility to ensure that all subconsultants submit the appropriate encroachment permit and insurance documentation at the same time that the Consultant’s insurance documentation is submitted.

XII. INDEMNIFICATION

A. The Consultant agrees to indemnify, defend, and save the City of Lake Elsinore, their officers, agents and employees harmless from any and all liability, claims, demands, damages, or injuries to any person, including injury to the Consultant's employees and all claims which ar ise from or are connected with the negligent performance of or failure to perform the work or other obligations of the Consultant under this Agreement, or are caused or claim to be caused by the negligent acts of the Consultant, its officers, agents or employees, or its subconsultant(s) or any person acting for the Consultant or under its control or direction; provided, however, that this indemnification and hold harmless shall not include claims arising from the sole negligence or willful misconduct of the City, their officers, agents or employees.

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B. The City agrees to indemnify, defend and save the Consultant and their officers, agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to the City's, employees and all claims which arise from or are connected with the negligent performance or failure to perform the services or other obligations of the City under this Agreement, or are caused or claim to be caused by the negligent acts of the City, t heir officers, agents or employees, or its subcontractor(s) or any person acting for the City or under its control or direction; provided, however, that this indemnification and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the Consultant, its officers, agents, or employees (PCC 20103.6).

XIII. TERMINATION FOR CONVENIENCE OF THE CITY

The City reserves the right to terminate the "Agreement for Professional Consultant Services" for the "convenience of the City" at any time by giving ten (10) days written notice to the Consultant of such termination and specifying the effective date thereof. All finished or unfinished drawings, maps, documents, field notes and other materials produced and procured by the Consultant under the said aforementioned Agreement is, at the option of the City, City property and shall be delivered to the City by the Consultant within ten (10) working days from the date of such termination. The City will reimburse the Consultant for all acceptable work performed as set forth in the executed Agreement.

XIV. INDEPENDENT CONTRACTOR

The Consultant's relationship to the City in the performance of the Consultant's services for this project is that of an independent Contractor. The personnel perform ing said Surveying Services shall at all times be under the Consultant's exclusive direction and control and shall be employees of the Consultant and not employees of the City. The Consultant shall pay all wages, salaries and other amounts due his employee s in connection with the performance of said work shall be responsible for all employee reports and obligations, including but not necessarily restricted to, social security, income tax withholding, unemployment compensation, and Workers’ Compensation.

XV. CONTRACT

The Contract includes the Agreement for Professional Consultant Services, City's Request for Proposal, Consultant's Proposal, and Exhibits.

The Political Reform Act and the City’s Conflict of Interest Code require that consultants be considered as potential filers of Statements of Economic Interest. Consultants, as defined by Section 18701, may be required to file an Economic Interest Statement (Form 700) within 30 days of signing a Consultant Agreement with the City, on an annual basis thereafter if the contract is still in place, and within 30 days of completion of the contract.

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XVI. GENERAL CONDITIONS

A. Pre-contractual expenses are defined as expenses incurred by the Consultant in:
(1) preparing the Proposal; (2) submitting the Proposal to the City; (3) presentation during selection interview; (4) negotiating with the City any matter related to this Proposal; (5) any other expenses incurred by the Consultant prior to an executed Agreement.

The City shall not, in any event, be liable for any pre-contractual expenses incurred by the Consultant.

B. The Consultant is responsible for notifying Underground Service Alert and providing proper traffic control, at no additional expense to the City.

C. The City reserves the right to withdraw this RFP at any time without prior notice.

Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the Proposal for its own convenience and to reject any and all Proposals responding to this RFP without indicating any reasons for such rejection(s).

D. The City reserves the right to reject any or all Proposals submitted. Any Contract awarded for these Consultant engagements will be made to the Consultant who, in the opinion of the City, is best qualified.

The following exhibits are attached, made a part hereof, shall be completed if and as required, and shall be considered as part of the executed agreement between the City of Lake Elsinore and the successful Consultant.

City Attachments: Attachment “A” Sample Agreement for Professional Services Attachment “B” Elements of Compensation
Attachment “C” Sample list of Subconsultants
Attachment “D” Sample Exemption from Workers Compensation Insurance
Attachment “E” Disclosure of Lobbying Activities
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ATTACHMENT “A”

SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
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AGREEMENT FOR PROFESSIONAL SERVICES

Click or tap here to enter text.

This Agreement for Professional Services (the “Agreement”) is made and entered into as of Click or tap to enter a date. , by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Click or tap here to enter text., a Click or tap here to enter text. ("Consultant").

RECITALS

A. The City has determined that it requires the following professional services:

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B. Consultant has submitted to City a proposal, dated Click or tap to enter a date. , attached hereto as Exhibit A (“Consultant’s Proposal”) and inc orporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the te rms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.

a. Time of Essence . Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A).

b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specif ied may be approved in writing by the City Manager.

c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on Click or tap to

Annual Professional Services Agreement Page 1
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enter a date. and ending Click or tap to enter a date.. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

3. Compensation.

a. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Click or tap here to enter text. (Click or tap here to enter text.) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a w aiver of defects, even if such defects were known to the City at the time of payment.

b. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that The request for cost of living adjustment shall be presented to the City no later than June 1st of a particular year and, if approved by the City , will become effective on July 1st of that year. Any adjustment will be based on the Los Angeles-Riverside-Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5%).

4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month t o the extent that such services and related work were performed. Contractor’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides se rvices. Contractor’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such perso nnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.

a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or This document was created by an application that isn't licensed to use novaPDF.

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terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

7. Plans, Studies, Documents.

a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, docu ments and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third - party requests of Consultant shall be immediately referred to City, without any other actions by Consultant.

b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plan s, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agre ement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agree ment in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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8. Consultant’s Books and Records.

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

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

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

d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s busines s, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

9. Independent Contractor.

a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 33 53. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.

b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agr ee to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification . In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall This document was created by an application that isn't licensed to use novaPDF.

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indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Consultant . Consu ltant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covere d by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:

a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and

b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance wi th applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

13. Compliance with Laws.

a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.

b. Consultant represents that it has obtained and will maintai n at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.

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15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and cause s of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal la w or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligatio n of Consultant shall not apply when (1) the injury, loss o f life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.

a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.

i. Workers’ Compensation Coverage. Cons ultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non -renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensat ion Insurance in a form approved by the City Attorney.

ii. General Liability Coverage . Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Of fice form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 This document was created by an application that isn't licensed to use novaPDF.

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covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.

iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for o wned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.

iv. Professional Liability Coverage . Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of th is insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.

b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:

i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protecti on offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City M anager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.

ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.

iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, exc ept with respect to the limits of liability of the insuring company.

iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.

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DRAFT
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits exc ept after thirty (30) days written notice has been received by the City.

c. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530

With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530

If to Consultant: Click or tap here to enter text.

Attn: Click or tap here to enter text.

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18. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City.

If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contract ual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

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

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DRAFT

20. Litigation Expenses and Attorneys’ Fees . If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS a nd thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any compan y or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agree ment without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Prevailing Wages. Consulta nt is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non -payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

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DRAFT

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

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant ex tensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

29. Entire Agreement; Incorporation ; Conflict . This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
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“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation

Jason Simpson, City Manager

ATTEST:

Candace Alvarez, City Clerk

DR
APPROVED AS TO FORM:

City Attorney

“CONSULTANT”
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to enter text.

By: Click or tap here to enter text.

Its: Click or tap here to enter text.

FT
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EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

DRAFT
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ATTACHMENT “B”

ELEMENTS OF COMPENSATION
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Attachment B 1 On-Call Geotechnical Testing Services
Services

For the satisfactory performance and completion of the Services under this agreement, the City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT) ($ INSERT NUMERICAL DOLLAR AMOUNT ) without Written approval of City’s City Manager (or applicable position) (“Total Compensation”)

1. ELEMENTS OF COMPENSATION

Compensation for the services will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee, and; 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS

Direct Labor Costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier, which are defined as follows:

1.1.1 Direct Salary Costs

Direct Salary Costs are the base salaries and wages actually paid to the Consultant’s personnel directly engaged in performance of the Services under the Agreement. (The range of hourly rates paid to the consultant’s personnel appears in Section 2 below.)

1.1.2 Multiplier

The multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is , and is the sum of the following components:

1.1.2.1 Direct Salary Costs: 1.0 .

1.1.2.2 Payroll Additives

The decimal ratio of Payroll Additives to the Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

1.1.2.3 Overhead Costs

The decimal ratio of allowable Overhead Costs to the Consultant firm’s total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2

Total Multiplier
(Sum of 1.1.2.1, 1.1.2.2 and 1.1.2.3)
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Attachment B 2 On-Call Geotechnical Testing Services
Services

1.2 FIXED FEE

1.2.1 The Fixed Fee (Not to Exceed) is $

1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

Item Reimbursement Rate (insert charges)

Per Diem $ / day
Car mileage $ / mile
Travel $ / trip
Computer Charges $ / hour
Photocopies $ / copy
Blueline $ / sheet
LD Telephone $ / call
Fax $ / sheet
Photographs $ / sheet

Travel by air and travel in excess of 100 miles from the Consultant’s office nearest to the City’s office must have the city’s prior written approval to be reimbursed under this agreement.

2. DIRECT SALARY RATES

Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation, or craft agreement, or is otherwise specified in the Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph

1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant’s adjustment to individual compensation. The Consultant shall notify the City in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

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Attachment B 3 On-Call Geotechnical Testing Services
Services

POSITION or CLASSIFICATION RANGE OF HOURLY RATES
(Sample)
Principal
Project Manager
Sr. Engineer / Planner
Project Engineer / Planner
Assoc. Engineer / Planner
Technician
Drafter / CADD Operator
Word Processor

2.3 The above rates are for the consultant only. All rates for subconsultants to the consultant will be in accordance with the Consultant’s cost proposal.

3. INVOICING

3.1 Each month the Consultant shall submit an invoice for Services performed during the preceding month. The original invoice shall be submitted to the City to the attention of the Project Manager.

3.2 Each invoice shall include the following (as applicable):

Project Name
Project Number
Purchase Order Number

3.3 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by the City.

3.4 Base Work and Extra Work shall be charged separately. The charges for each task and/or Milestone in the Scope of Services shall be listed separately. The charges for each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.

3.5 A charge for any Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to the City such as invoices telephone logs, etc.

3.6 Each copy of each invoice shall be accompanied by a Monthly Progress Report and sprea dsheets showing hours expended by task for each month and total project to date.

3.7 Each invoice shall include a certification signed by the Consultant’s Representative or an officer of the firm, which reads as follows:

I hereby certify that the hours and salary charged in this invoice are the Actual Hours and Rates worked and paid to the employees listed.

Signed
Title
Date
Invoice No.

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Attachment B 4 On-Call Geotechnical Testing Services
Services

4. PAYMENT

4.1 The City shall pay the Consultant within four to six weeks after receipt by the City of an original invoice. Should the City Contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

4.2 The final payment for Services under this Agreement will be made only after the Consultant has executed a Release and Certification of Final Payment.

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ATTACHMENT “C”

SAMPLE LIST OF SUBCONSULTANTS
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Attachment C 1 On-Call Geotechnical Testing Services
Services

LIST OF SUBCONSULTANTS

NAME LICENSE NO. AND CLASSIFICATION
TELEPHONE DESCRIPTION OF WORK CONTRACTED:

ADDRESS

CITY, ZIP

NAME LICENSE NO. AND CLASSIFICATION
TELEPHONE DESCRIPTION OF WORK CONTRACTED:

ADDRESS

CITY, ZIP

NAME LICENSE NO. AND CLASSIFICATION
TELEPHONE DESCRIPTION OF WORK CONTRACTED:

ADDRESS

CITY, ZIP

Duplicate this form as necessary to report all subconsultant(s) information.

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ATTACHMENT “D”

EXEMPTION FROM WORKERS COMPENSATION
(IF APPLICABLE)
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Attachment D 1 On-Call Geotechnical Testing
Services

ect to the Work

__________, 20

CERTIFICATE OF EXEMPTION FROM
WORKERS’ COMPENSATION INSURANCE

I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers’ Compensation Laws of the State of California.

Executed on this day of , 2020 at California.

Consultant

(If you are required by law to provide workers’ compensation insurance coverage for your employees, STRIKE-THROUGH and NOTE NOT APPLICABLE (N/A) over the Certificate. See sample below.)

Consultant
13 at California.

Executed on this day of

CERTIFICATE OF EXEMPTION FROM

WORKERS COMPENSATION INSURANCE

I hereby certify that in the performance of the work for which this Agreement is en tered into, I shall not employ any person in any manner so as to become subj ers’ Compensation Laws of the State of California.

N/A
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ATTACHMENT “E”

DISCLOSURE OF LOBBYING ACTIVITIES
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Attachment E 2 On-Call Geotechnical Testing Services

Disclosure of Lobbying Activities
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure)
Approved by OMB
0348-0046

1. Type of Federal Action:
a. contract
_ b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance

2. Status of Federal Action:
a. bid/offer/application
b. initial award
c. post-award

3. Report Type:
a. initial filing
b. material change

For material change only:

Year _ quarter _
Date of last report

4. Name and Address of Reporting Entity:
_ Prime _ Subawardee
Tier , if Known:

Congressional District, if known:

5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable:

8. Federal Action Number, if known: 9. Award Amount, if known:
$

10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, MI):
b. Individuals Performing Services (including address if different from No. 10a)
(last name, first name, MI):

11. Information requested through this form is
authorized by title 31 U.S.C. section 1352. This
disclosure of lobbying activities is a material
representation of fact upon which reliance was
placed by the tier above when this transaction was
made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to the Congress semi-annually and will be
available for public inspection. Any person who fails
to file the required disclosure shall be subject to a
civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.

Signature: _
Print Name: _ _
Title:

Telephone No.: _ _ Date: _ _

Federal Use Only

Authorized for Local Reproduction
Standard Form - LLL (Rev. 7-97)
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Attachment E 3 On-Call Geotechnical Testing Services

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all ite ms that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks “Subawardee,” then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement numbe r; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., “RFP-DE-90-001.”

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobb ying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action.

(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a).

Enter Last Name, First Name, and Middle Initial (MI).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collec tion of information unles s it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructio ns, searching existing da ta sources, gathering and maintaining the data needed, and compl eting and reviewing the collection of information. Send comments regarding the burden estimate or an y other aspect of this collection of information, including suggestions for reducing this burden, to the Off ice of Management and Bud get, Paperwork Reductio n Project (034
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AGREEMENT FOR CONTRACTOR SERVICES
LOR Geotechnical Group, Inc.

ON-CALL GEOTECHNICAL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of February 14, 2023 by and between the City of Lake Elsinore , a municipal corporation (the “City”) and LOR Geotechnical Group, Inc., a Corporation (the “Contractor”).

RECITALS
A. The City has determined that it requires the following services:

Engineering On-call Geotechnical Testing Services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated December 15, 2022, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.

AGREEMENT

1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.

2. Time of Performance .
a. Time of Essence . Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor 's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule . Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor , extensions to the time period(s) specified may be approved in writing by the City Manager .

Page 2 ends

c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement , this Agreement shall continue in full force and effect for a period commencing on February 14, 2023 and ending June 30, 2024. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference . In no event shall Contractor's annual compensation exceed Sixty Thousand dollars ($60,000 ) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed . Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor 's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks . At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.

Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason , with or without cause, suspend or terminate this Agreement, or any portion hereof , by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement , unless the notice provides otherwise . If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this

Page 3 ends

Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.

7. Plans, Reports, Documents
a. Ownership of Documents . All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights , designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor . Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known , to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia , photographs relating to project for which Contractor's services are rendered , or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Contractor's Books and Records .
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period

Page 4 ends

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Contractor shall maintain a City of Lake Elsinore business license .

Page 6 ends

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Attn: John P. Leuer
6121 Quail Valley Court
Riverside, CA 92507

Page 8 ends

18. Assignment and Subcontracting . The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor .

Contractor shall be fully responsible to City for all acts or omissions of any subcontractors .

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

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30. Amendments . This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney .

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
LOR Geotechnical Group, Inc., a Corporation

Page 10 ends

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
By: John P. Leuer
Its: President
Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]

FEE SCHEDULE
AUGUST 2022

SERVICES
Geotechnical Engineering
LOR Geotechnical Group, Inc. provides geotechnical engineering services, including: preliminary geotechnical investigations, foundation investigations, percolation feasibility investigations, liquefaction evaluation investigations, as well as grading observation materials testing services.

Geological
LOR Geotechnical Group, Inc. provides geological services, engineering geology investigations, seismic setting studies, slope stability investigations, liquefaction susceptibility investigations, hydrology/water resource studies, and bedrock rippability evaluations.

Environmental
LOR Geotechnical Group, Inc. provides, environmental site assessments, underground storage tank investigations and remediation investigations, groundwater monitoring systems, soil and groundwater sampling and analysis, and environmental studies for property transfers.

All costs for Geotechnical Engineering, Geological, and Environmental Services are based on the site and investigative parameters requested.

FEES
The hourly personnel charges and laboratory test unit rates are as follows:

Personnel Charges-Hourly
Principal Engineer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300.00 Project Engineer/Geologist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $165.00 Staff Engineer/Geologist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $140.00 Soil Technician/Deputy Inspector (Field or Laboratory) 1.. . . . . . . . . . . . . . . . . . . . . . . . . . . . $104.00 Soil Technician/Deputy Inspector (Prevailing Wage) 1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $132.00 Soil Technician/Deputy Inspector (CBA) 1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $142.00 Traffic Control (Prevailing Wage) 1, 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $122.00 Drafting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $95.00 Clerical.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00 Laboratory Testing Charges - Unit Costs
CT 202: Sieve Analysis (Soil). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $110.00 CT 202: Sieve Analysis (Aggregate).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $140.00 CT 202: #200 Sieve Wash. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65.00 CT 205: Crushed Particle Analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $140.00 CT 207: Specific Gravity Absorption of Fine Aggregate.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00 CT 211: LA Rattler.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $250.00 CT 213: Organic Impurities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00 CT 217: Sand Equivalent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $120.00 CT 217: Sand Equivalent -QC.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00 CT 226: Moisture Content.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 CT 227: Cleanness Value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00 CT 229: Durability Index Fine/Coarse.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $260.00 CT 235: Percentage of Flat and Elongated Particles in Coarse Aggregate.. . . . . . . . . . . . . . $100.00 CT 301: R-Value. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $350.00 CT 305: Swell Tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00 CT 307: Moisture Vapor Susceptibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $175.00 CT 308 & CT 366: Asphalt Concrete Density & Stability/Rubberized. . . . . . . . . . . . $220.00/$270.00 CT 308: Asphalt Concrete Density/Rubberized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130.00/$190.00 CT 309: Asphalt Concrete Theoretical Maximum Density .. . . . . . . . . . . . . . . . . . . . . . . . . . . $175.00 CT 366: Asphalt Concrete Stability/Rubberized. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00/$250.00 CT 382: Asphalt Extraction & Gradation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $260.00 CT 521: Concrete Cylinder Compressive Strength. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35.00 CT 523: Beam Cylinder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $75.00 Concrete & Beam Cylinder Hold.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00 ASTM D6913/7928: Mechanical Analysis.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $220.00 ASTM D1557: (Modified)/ ASTM D698: (Standard) Proctor (4"). . . . . . . . . . . . . . . . . . . . . . . $190.00 ASTM D1557: (Modified)/ ASTM D698: Proctor (6" or Cal-216). . . . . . . . . . . . . . . . . . . . . . . $220.00 ASTM D2434: Permeability.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $400.00 ASTM D2435: Consolidation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $240.00 ASTM D5333: Collapse Potential. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200.00 ASTM D2216: Moisture Content.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 ASTM D221/D2937: Moisture/Unit Weight (Ring). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $40.00 ASTM D2974: Organic Matter Test.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $90.00 ASTM D4318: Atterberg Limits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $220.00 ASTM D4829: Expansion Index. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $190.00 ASTM D3080: Direct Shear.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $270.00 Soluble Sulfate: (Test Kit SF-1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $80.00 1 10% field supervision and equipment/vehicle charge will be added to all field services. 2 Rate based on current State determined prevailing wage rates as of the date of this document. Adjustments to our rates may be necessary based on the actual State determined prevailing wage rates at the time of our work.

TERMS
Reimbursable Expenses
Outside services performed by others and direct costs expended on the client's behalf are charged at cost plus twenty percent. These expenses include rental of drill rigs, bulldozers, backhoes, travel and subsistence, permits, reproduction costs, etc.

Travel Time
Travel time required to provide professional or technical services will be charged at the appropriate hourly rates.

Overtime
An overtime rate of 1.5 times the standard rate will be used for time in excess of 8 hours per day and Saturdays.

An overtime rate of 2.0 times the standard rate will be added for work on Sundays, official company holidays, and on all work in excess of 12 hours per day.

Prepayments
A retainer of fifty percent of the total fee is required for all field studies. The balance of the fee must be paid at the time the report is released to the client.

Billing
Billings will be provided periodically and will be classified by fee categories set forth above or as given by proposal.

Terms of Payment
Invoices rendered for professional services are due upon presentation. A service charge of 1.5 percent, per month, may be charged on accounts not paid within thirty days to cover additional processing and carrying costs. Any attorney's fees or other costs incurred in collecting any delinquent account will be paid by the client.

STATEMENT OF QUALIFICATIONS

ON-CALL GEOTECHNICAL ENGINEERING

AND TESTING SERVICES,

CITY OF LAKE ELSINORE, CALIFORNIA
REFERENCE NO. 7079.P
DECEMBER 15, 2022
Prepared for:

City of Lake Elsinore
Engineering Division
130 S. Main Street
Lake Elsinore, California 92530
Attention: Mr. Carlos Norvani
Table of Contents
Page No.

UNDERSTANDING OF PROJECT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 APPROACH TO SCOPE OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 DESCRIPTION OF QUALIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 RESUMES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PROJECTS COMPLETED BY KEY PERSONNEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 CLIENT REFERENCE LIST.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 CLOSURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 LOR GEOTECHNICAL GROUP, INC.

December 15, 2022
City of Lake Elsinore, Engineering Division Reference No. 7079.P 130 S. Main Street
Lake Elsinore, California 92530
Attention: Mr. Carlos Norvani
Subject: Statement of Qualifications, On-Call Geotechnical Testing Services, City of Lake Elsinore, California.

Reference: Request for Qualifications, Engineering On-Call Geotechnical Testing Services, City of Lake Elsinore, dated January 19, 2023.

In accordance with your request for qualifications (RFQ), LOR Geotechnical Group, Inc. (LOR) is pleased to submit this Statement of Qualifications to demonstrate our ability to provide the proposed geotechnical testing services during an on-call services agreement with the City of Lake Elsinore, California.

The legal name of our business is LOR Geotechnical Group, Inc., and we are located at 6121 Quail Valley Court, in the city of Riverside, California. LOR is a multi-disciplinary geotechnical, engineering, and consulting firm providing sound solutions and innovative strategies in the geotechnical, geologic, environmental, and construction inspection fields for our clients since 1988. Our firm has extensive experience with providing geotechnical engineering, compaction testing, and materials testing services on a wide range of capital improvement projects including domestic water, general district, sanitation, storm water, non-potable water, ground water replenishment, and more.

As stated in the RFQ, the terms and conditions of our statement of qualifications, and the associated fee schedule, is valid for a period of 90 days. We welcome any questions or comments that you may have regarding this document. We can be reached by telephone at (951) 653-1741, and by email at [email protected] or [email protected]. For additional information about our company you can visit our website at www.lorgeo.com.

Respectfully submitted,
John P. Leuer, President
LOR Geotechnical Group, Inc.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022

UNDERSTANDING OF PROJECT
LOR has been in business for over 34 years and has provided services similar to those presented in the RFQ for dozens of municipalities located throughout southern California, on hundreds of different projects. Our team is familiar with the many considerations that are involved with different types of public improvements projects. All staff members that will be assigned to provide the proposed services have been employed with LOR for a minimum of 15 years. Our very low turn over rate allows us to leverage our experience in planning, design, and field operations in order to achieve the City’s project objectives.

We understand that although these types of projects might be similar to projects that we have served on in the past, each project has its own distinct requirements. Prior to the start of construction we begin to familiarize ourselves with the project by conducting a thorough review of the project documentation. If requested by the City, we can provide a proposal for each project that we are called to service during the on-call services agreement. Our proposals typically include a detailed scope of services that’s based on our review and understanding of the project documentation. Our proposals also include a cost estimate that typically reflects the services that we have anticipated over the project duration.

Prior to the start of construction our engineering staff is available to attend pre-construction meetings to discuss the geotechnical and materials testing aspects of the project. Our engineering staff often provides materials submittal review to help verify that the materials that have been proposed for use on the project meet the requirements specified by the project documentation. These pre-construction processes help ensure that project expectations are ultimately delivered.

Each member of our team understands the many considerations that are involved during construction of a public improvements project, including the budget considerations. Our project management team will work closely with our field technicians and your construction management team to ensure that our services are being provided as needed, and that the relevant laboratory testing is being assigned and completed. Every step of the way, we will work closely with the city of Lake Elsinore to ensure that the project quality goals are being met, within the allocated budget.

APPROACH TO SCOPE OF WORK
When our office is contacted to serve under the terms of an on-call services agreement, our dispatch personnel will assign a qualified representative to perform the requested 2 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
services. If additional technical support is required, our geologists and technicians have a direct line of communication to our principal engineer to discuss the details related to our projects. Additionally, our project managers maintain direct lines of communication with our field staff and our clients to help ensure projects run smoothly.

Prior to the start of construction our project management team will have reviewed the construction drawings, technical provisions, and contract information to have a full understanding of the project, as well as our firm’s role as a consultant and provider of geotechnical engineering services. Our engineering staff is available prior to, and during construction, to attend construction meetings and to provide material submittal review if requested by the city of Lake Elsinore.

Prior to arriving onsite to the project, our technician’s will have a thorough understanding of their role in the proposed construction. This includes the compaction testing frequency, minimum relative compaction specifications, sampling frequency, and materials specifications.

All of our field personnel have a company owned vehicle with a company logo displayed.

In addition to providing a vehicle, we also provide our personnel with all of the equipment necessary to perform the requested services. LOR ensures that our field personnel have the most up-to-date tools, maintained in good working order, and calibrated as required.

At the start of construction, this firm should obtain native soil samples during the contractor’s pot holing operation for utility trench backfill projects, or during the demolition phase of a roadway improvement project. We prefer to obtain our initial soil samples as early as practically possible to help ensure that our field personnel are able to provide timely compaction test and quality compliance results to your construction inspection team.

Our technicians have been trained to provide soil classification during sampling of onsite and imported soil materials.

All of our field technicians have extensive experience with providing geotechnical observation and compaction testing during grading, various types of underground utility trench backfills, a wide range of roadway rehabilitation methods, and asphalt paving. Our field technicians have all been certified by the Caltrans district engineer to perform materials sampling and compaction testing procedures. Our technicians understand the capabilities of all the commonly used compaction equipment and earthwork methodologies.

They are able to interpret the compaction test data, and concisely communicate their measurements to the construction inspector and to the contractor performing the work. 3 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
They are adept at helping the contractor troubleshoot issues as they arise. Our staff has an in-depth knowledge of their compaction testing equipment and routinely perform verification testing to ensure their equipment is functioning properly.

In addition to soil, aggregate, and hot-mix asphalt sampling and testing, our staff can provide sampling and testing of ready-mix Portland cement concrete (PCC) products, as specified within the RFP documentation. Our technicians have been certified by the American Concrete Institute to sample and test ready-mix PCC.

The construction inspector will be supplied with a copy of a time charge ticket and field report for each site visit. These documents describe the services that we provided and our test results for that day. Following completion of the project, a final compaction and quality compliance testing report will be prepared and delivered to the city of Lake Elsinore, wet signed and stamped by a registered geotechnical engineer.

Although a 24-hour notice prior to service is appreciated, LOR has the ability to provide service in most cases in as little as one hour.

In support of field personnel, our office has a full service, Caltrans certified, geotechnical laboratory that is fully staffed and capable of providing timely results. Our geotechnical laboratory participates in the Caltrans Reference Sample Program. Under this program, reference samples are used to evaluate laboratory equipment, practices, tester competence, and the repeatability of test methods. The reference sample program affords LOR the opportunity to compare our laboratory performance relative to the entire population of participating laboratories. This helps ensure that we are completing our laboratory tests with a high degree of accuracy relative to our industry peers.

Our geotechnical laboratory has the ability to provide the maximum density, optimum moisture content, sieve analysis, sand equivalent, Atterberg Limits, asphalt, and slurry abrasion testing that is required within the RFP. Our laboratory has the capability to provide quality compliance results for soil, aggregate base, asphalt, slurry seal, and Portland cement concrete materials that are sampled during construction.

DESCRIPTION OF QUALIFICATIONS
Our engineer, geologists and technical support personnel are committed to serving the city of Lake Elsinore with personal, timely, and technically superior service. In addition, LOR’s principals are directly involved in the implementation and completion of its professional services. We believe that you will find our understanding of our duties within this on-call service agreement to be unsurpassed and our individual and combined experience will 4 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
assure you that we will deliver what is expected.

Our professional staff is licensed, credentialed, and experienced, and our technical staff is certified by the Caltrans district engineer to provide the sampling and materials testing services that are described in the Proposed Scope of Services. To ensure the accuracy of our test results our geotechnical laboratory participates in the Caltrans Reference Sample program (RSP), which allows us to evaluate our laboratory equipment, practices, and tester competence. Our participation in the RSP allows us to compare our laboratory performance relative to the entire population of participating laboratories.

Our firm has extensive experience with providing geotechnical engineering, compaction testing, and materials testing services on a wide range of capital improvement projects including domestic water, general district, sanitation, storm water, non-potable water, ground water replenishment, and more. In our firm’s history, LOR has provided a similar scope of services for numerous agencies including, but not limited to:

City of Adelanto City of Orange
City of Anaheim County of Orange
City of Big Bear Lake City of Palm Springs
Big Bear Community Services District City of Perris
City of Canyon Lake City of Redlands
City of Corona City of Riverside
City of Cypress County of Riverside
City of Desert Hot Springs City of San Bernardino
City of Fontana County of San Bernardino
City of Fullerton City of San Jacinto
City of Garden Grove City of Temecula
City of Highland City of Tustin
City Indio City of Upland
City of Lake Elsinore City of Victorville
City of Loma Linda City of Yorba Linda
City of Moreno Valley City of Yucaipa
5 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
Behind every field technician is the support of professional engineers and geologists, available to provide timely on-site solutions to construction problems if they arise. Our field and laboratory technicians are Caltrans and American Concrete Institute certified.

Additionally, we have personnel that are certified by the American Construction Inspectors Association and the International Code Council.

RESUMES
John P. Leuer, President, CE, GE - Project Manager, City’s Liaison [email protected]
John Leuer will be LOR’s project manager for all on-call service projects that we serve on, and will also be the city’s liaison. Mr. Leuer has gained a high-level of expertise with over 40 years of experience on literally hundreds of geotechnical projects. In this time, Mr. Leuer has developed an extensive knowledge of the many geotechnical considerations involved in construction in the southern California area. Mr. Leuer is highly experienced in all aspects of soil and foundation engineering for a wide variety of projects ranging from multi-story commercial and industrial structures to several thousand acre planned community developments. Mr. Leuer has substantial experience coordinating projects for many city, county and state agencies as well as in the public sector, gaining a reputation for being responsive to clients needs while providing strong technical expertise.

Mr. Leuer holds a B.S. in Civil Engineering from Cal State University at Northridge. He is a registered geotechnical and civil engineer in the state of California, and a registered civil engineer in the state of Nevada. Mr. Leuer is a member of the American Society of Civil Engineers and the National Groundwater Association. Mr. Leuer believes in continuing education and completed a nine-month soils engineering course at the California State Polytechnical University in Pomona. In addition, Mr. Leuer has instructed evening soils technology courses at Riverside Community College for inspection certifications.

Andrew A. Tardie, Staff Geologist
[email protected]
Andrew Tardie is a staff geologist and project manager at LOR, and has provided field and office support for various projects since 1999. During his tenure he has developed extensive understanding of geotechnical considerations within southern California and the Inland Empire. Mr. Tardie has been involved in all phases of geotechnical projects, ranging from initial site investigations, inspection and testing of soils/materials during construction, and project management for both public and private sectors. 6 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
Mr. Tardie has performed hundreds of geotechnical, geologic, and environmental investigations throughout the Inland Empire. This work has included geophysical surveys, slope investigations, liquefaction analysis, seismic hazard analysis, including fault surface rupture, and rock fall analysis. He has planned, supervised, and conducted geotechnical projects including hillside investigations, flat land explorations, and earthwork monitoring projects in Riverside, San Bernardino, Orange, Los Angeles, and San Diego Counties.

Specialized detail in Mr. Tardie’s experience includes logging exploratory borings and trenches, obtaining and documenting field samples, percolation and infiltration feasibility testing, pavement evaluation, and subsequent geotechnical report writing. Mr. Tardie holds a B.A. degree in Geology from California State University, San Bernardino.

Mark A. Switzer, Laboratory Manager
[email protected]
Mark Switzer is LOR’s laboratory manager and will supervise or conduct all laboratory testing requested during the on-call service agreement.

Mr. Switzer has worked in the soils field 19 years and contributes extensive knowledge and experience performing a wide range of materials testing procedures for various materials including soils, aggregate material, asphalt concrete, epoxy grout, and concrete using both ASTM and Caltrans testing methods. In addition, he has performed materials testing for city, county, and state agencies for quality control/quality assurance projects.

Mr. Switzer oversees all work performed by personnel in the laboratory, including finalizing and reporting laboratory data. He also has experience in the field with sand cone and nuclear gauge testing methods, measuring cut and fill, basic trench compaction, bolt tensioning, and sampling materials in the field. Mr. Switzer is an American Concrete Institute (ACI) Grade 1 Technician and holds certifications in the following Caltrans Test Methods: 105, 125, 201, 202, 216, 217, 226, 227, 229, 231, 301, 304, 305, 307, 308, and 366. He also holds Caltrans certification for AASTO methods T11, T27, R47, R76, T176, T248, T255, T329, and T335. Mr. Switzer is International Code Council certified for soils special inspection.

In addition to his duties at LOR, Mr. Switzer is an instructor for the Caltrans’ Joint Training and Certification Program. This program is an effort by Caltrans to train technicians to sample and test highway construction materials. Mr. Switzer teaches classes at Cal State University Long Beach and Cal State University San Jose. 7 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
A. Tony Guillen, Deputy Inspector, Field Operations Manager: ACI, ICC [email protected]
Mr. Guillen has worked in the soils field for approximately 18 years. Mr. Guillen holds a Bachelor's of Science Business degree from the University of Redlands. He has gained experience and knowledge in the disciplines of soil testing of miscellaneous trench backfill methods, has participated in preliminary site investigations, various grading projects, sampling of materials from different projects, i.e. asphalt concrete, as well as soils and environmental sampling (for lab analysis). He has also gained experience in laboratory testing methods, including maximum density determinations, sand equivalent, and preparation of materials for testing methods.

Mr. Guillen is an American Concrete Institute (ACI) Grade 1 Technician and holds certifications in the following Caltrans Test Methods: 125, 216, 231, 375, 504, 518, 523, 533, 539, 540, 556, & 557. He is currently International Code Council certified for reinforced concrete and structural masonry special inspection.

John R. Muir, Field Technician, Registered Construction Inspector, ACIA, ACI Mr. Muir has over 30 years experience as a geotechnical field technician with LOR. Mr.

Muir has extensive field experience with all geotechnical and inspection aspects of construction. His experience includes grading compliance and observations, compaction testing of soils in the field using the sand cone and nuclear gauge testing methodologies, compaction testing of asphalt concrete, casting concrete cylinders, and full-time observation of major street construction projects.

Mr. Muir is a American Construction Institute Association (A.C.I.A.) Registered Construction Inspector and an American Concrete Institute (ACI) Grade 1 Technician and holds certification in the following Caltrans Test Methods: 125, 216, 231, 375, 504, 518, 523, 533, 539, 540, 556, 557. Additionally, Mr Muir has certification by the California Department of Transportation (Caltrans) for sampling and testing of soil, aggregate base, asphalt concrete, and Portland Cement Concrete.
8 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
Fred Jimenez, Field Technician: ACI
Mr. Jimenez has over 25 years of experience in the soils field and has worked on a wide array of public works and capital improvement projects. His portfolio of work includes emergency highway grading for Caltrans, roadway widening projects, bridge construction, slope repair, underground utility improvements, and more.

Additionally, he has participated in preliminary site investigations, various grading projects, sampling of materials from different projects, i.e. asphalt concrete, as well as soils and environmental sampling (for lab analysis). He has also gained experience in the field of laboratory testing methods, including maximum density determinations, sand equivalent, and preparation of materials for testing methods.

Mr. Jimenez is an American Concrete Institute (ACI) Grade 1 Technician and holds certifications in the following Caltrans Test Methods: 125, 216, 231, 375, 504, 518, 523, 533, 539, 540, 556, & 557. Additionally, Mr. Muir has certification by the California Department of Transportation (Caltrans) for sampling and testing of soil, aggregate base, asphalt concrete, and Portland Cement Concrete.

PROJECTS COMPLETED BY KEY PERSONNEL
The following projects have been completed within the past 5 years and were collaborations involving the key staff at LOR.
“A” Street Improvements Project, Highland Vista Way to Metz Road, Perris, California Client Contact: City of Perris, Engineering Department, Cassandra Sanchez, PE, 24 South D Street, Suite 100, Perris, California, (951) 963-9952.

Completed: January 2021.

Project Information: The “A” Street Improvements project featured the rehabilitation of a select segment of roadway on A Street, and included construction of new curb & gutter, commercial driveway approaches, and sidewalk. The subject project is located on A Street, adjacent to the California Military Institute, between Highland Vista Way and West Metz Road, in the City of Perris, California.

Scope of Services: LOR provided onsite geotechnical observation, compaction testing, materials sampling, and laboratory testing services for the project. 9 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
The roadway re-surfacing of “A” Street involved the construction of a cement stabilized pulverized base (CSPB) subgrade. During this process LOR provided aggregate gradation testing of the pulverized base material, compressive strength testing of the CSPB blend, observation of the micro-cracking process, and compaction testing during HMA paving operations.

LOR was also onsite on a periodic basis during construction of the sidewalk, curb & gutter, and commercial driveway approaches that were associated with the project. Our technician worked with the construction inspector and the contractor performing the work to ensure the minimum specified relative compaction results were achieved.

Upon completion of construction of the project, LOR prepared and submitted a final compaction and materials testing report that summarized our geotechnical observations, and presented our onsite compaction testing, and laboratory test results.

Citywide Pavement Rehabilitation Program (FY 2019-2020), City Project No. 801 0085, Moreno Valley, California
Client Contact: City of Moreno Valley, Quang Nguyen, PE, 14177 Frederick Street, PO Box 88005, Moreno Valley, California, 951-413-3159.

Completed: December 2020
Project Information: This project featured the widening and/or re-surfacing of multiple segments of arterial and collector roadways located throughout the City of Moreno Valley.

The subject roadways were either re-surfaced with slurry seal or HMA/ARHM.

Prior to the start of construction LOR provided a Letter of Assent to the Local 12 Operating Engineers Union, in general accordance with the Community Workforce Agreement. Our technician registered with the union and was dispatched to the project.

LOR provided submittal review for the slurry seal and ARHM materials that were proposed for use by the contractor. We also attended a pre-construction meeting to discuss the geotechnical and materials testing aspects of the project with the contractor and city representatives.

Representative samples of the slurry seal materials were obtained periodically as requested by the City of Moreno Valley. During the slurry seal sampling operations consistency testing was performed and wet-track abrasion test specimens were fabricated 10 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
for laboratory testing. Laboratory testing of the slurry seal samples included gradation, binder content, moisture testing, and wet-track abrasion testing.

LOR was also onsite to conduct compaction testing during paving operations for the various arterial and collector roadways. Our field technicians also documented the arrival temperature of asphalt materials throughout the day, as well as the methodology the contractor used to compact the pavement mat and to achieve a smooth surface.

Our technician obtained representative samples of the ARHM materials that were used to finish pave the roadways. Batch plant sampling of the aggregates was also provided.

Samples were subject to gradation, stability, density, and binder content testing. The results of our laboratory tests were reported immediately to the construction inspector.

Upon completion of the project LOR prepared and submitted a final compaction report that detailed the geotechnical observations that were documented during construction, as well as our compaction test, and laboratory test results.
2018 USDA Pipeline Replacement Project, City of Big Bear Lake, California Client Contact: Water Systems Consulting, Chris Deiter, PE, 9375 Archibald Avenue, Suite 200, Rancho Cucamonga, California, (909) 483-3200 Ext. 203.

Completed: September 2021.

Project Information: The 2018 USDA Replacement Project was a two year, multi-phase project that consisted of the replacement and construction of new water lines across an 11 mile area that is serviced by the City of Big Bear Lake Department of Water and Power.

The water lines were located within existing roadways which necessitated the replacement of the structural pavement section within the trench cut.

Scope of Services: During the preliminary design phase of the project LOR provided a subsurface investigation to evaluate the conditions within the proposed construction areas.

Our investigation consisted of drilling over 50 borings, logging the subsurface conditions, and obtaining samples for laboratory testing. The samples obtained during our field investigation were subjected to laboratory testing to evaluate their physical and engineering properties. The data obtained during our geotechnical site investigation and laboratory testing were used to provide geotechnical design recommendations to incorporate into the construction process.
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City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
During the construction phase of the project, LOR was onsite to provide geotechnical observation and compaction during backfill operations for the trenches used to construct the water line improvements. Compaction testing was performed intermittently to check in- place moisture and to verify the minimum specified relative compaction had been achieved. Prior to paving the trench-cut area of the roadway, compaction testing was provided to verify 95 percent relative compaction had been achieved in the structural roadway section. The contractor and the inspector were informed of our results. Daily field reports were submitted to the inspector following each site visit.

Nuevo Road Bridge Reconstruction, City of Perris, California, City of Perris, California
Client Contact: City of Perris, Cassandra Sanchez, PE, 24 South D Street, Suite 100, Perris, California, [email protected], (951) 943-6504.

Completed: December 2020.

Project Information: This project included the replacement and widening of an existing bridge that crossed the Perris Valley Storm Channel at Nuevo Road in Perris, California.

Grading was performed within the adjacent channel walls to construct maintenance vehicle entrances into the channel. This project included the associated roadway improvements involved with the realignment of the bridge crossing. Modifications to the existing underground storm drain line, sewer, and water line were also included in the scope of this project.

Scope of Services: During the preliminary design phase of the project, LOR performed a subsurface soils investigation to evaluate the subsurface conditions at the bridge widening location. The scope of our preliminary services included a subsurface field investigation, laboratory testing of selected soil samples obtained during the field investigation, development of geotechnical recommendations for foundation design and construction, and preparation and submittal of the preliminary geotechnical investigation report.

LOR provided continuous observation and compaction testing during site grading related to channel wall construction and bridge abutments. Continuous observation and 12 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
compaction testing was provided during backfilling of the trenches used to construct sewer, storm drain, and water line improvements. Our technicians also provided sampling and quality compliance testing of ready-mix Portland cement concrete used to construct the bridge.

Additionally, LOR provided geotechnical observation and compaction testing of subgrade soils and base grade materials during construction of sidewalk, curb & gutter, and roadway.

The roadway areas adjacent the new bridge were resurfaced with HMA pavement. Our technicians provided compaction testing during HMA paving operations.

Laboratory quality compliance testing was conducted for aggregate base, hot-mix asphalt material, and ready-mix Portland cement concrete materials delivered to the project.

Hillview Neighborhood Street and Storm Drain Improvements, Phase I, City of Highland, California
Client Contact: City of Highland, Terry Renner, PE, QSD, 2305 Chicago Avenue, Riverside, California 92507, [email protected], (951) 680-0440.

Completed: December 2019.

Project Information: Storm drain improvements were installed within the existing roadways of a residential neighborhood in Highland, California. The storm drain improvements included the installation of 24- and 30-inch RCP main line and the related manholes, laterals, and catch basins. Additionally, street improvements were also constructed and included curb & gutter, cross-gutter and spandrells, and the widening of existing roadways.

Scope of Services: During construction of the new storm drain line, LOR provided continuous observation and compaction testing during trench backfill operations to verify the contractor had achieved the minimum specified relative compaction. Our technician also documented in-place moisture conditions during trench backfill and reported test results directly to the contractor and the construction inspector.

Also, periodic observation and compaction testing was provided during construction of street improvements. Compaction testing was provided following grading and compacting of subgrade soils for sidewalk, curb & gutter, spandrell & cross-gutter, and the street widening areas. Subsequently, aggregate base materials were graded and compacted, where applicable, and then compaction tested.
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City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
During construction of the proposed improvements, LOR provided materials testing for the aggregate base and hot-mix asphalt materials used on this project. At the completion of work, a final compaction and materials testing report was provided to our client. 2017/2018 SB-1 Maintenance and Traffic Improvements, City of Riverside, California Client Contact: City of Riverside, Public Works Department, Steven Howard, 3900 Main Street, Riverside, California, (951) 826-5708.

Completed: October 2018.

Project Information: This roadway maintenance project included the resurfacing of 23 different roadways in their entirety, or in small sections. Within these areas, the existing asphalt was grinded in-place for the paving of new finish course.

Scope of Services: LOR provided observation and compaction testing during HMA paving operations. Compaction testing was completed to verify that the HMA material had been compacted to a minimum of 95 percent relative compaction. In addition to compaction testing, materials sampling and laboratory testing of HMA materials were provided.

Sampling was performed in accordance with the procedures established by Caltrans and detailed in California Test Method 125-16. The following laboratory tests were completed to verify that sampled HMA material was in compliance with Caltrans Standard Specifications, Section 39: gradation (CTM 202-11), density (CTM 308-10), stability (CTM 366-00), and extraction (CTM 382-14). Our onsite observations, compaction test results, and laboratory results were provided to our client within daily field reports completed each day.

CLIENT REFERENCE LIST

1. City of Perris, Stuart Mckibbin PE, 951-943-6504, [email protected] LOR has provided on-call geotechnical engineering and materials testing services for the City of Perris for over 10 years. We have consulted on a wide range of projects including, but not limited to bridge construction, highway on-ramp/off-ramp construction, slope construction, community park renovation and construction, underground utility improvements, building addition/remodel, Portland cement concrete flatwork improvements, parking lot construction, roadway rehabilitation, and roadway construction. 14 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
The services that we provided during these projects included geotechnical site investigations, pavement evaluation, geotechnical observation during construction, compaction testing, deputy inspection, and laboratory materials testing.

2. City of Moreno Valley, Quang Nguyen PE, 760-413-3159, [email protected] LOR has provided on-call geotechnical engineering and materials testing services on an intermittent basis for the City of Moreno Valley over the past 30 years. We are currently servicing an on-call service agreement that started in 2020. In our long history as a geotechnical engineering consultant with the city of Moreno Valley we have provided geotechnical, compaction testing, and materials testing services on a range of projects that include community park improvements, soccer field renovations, underground utility improvement projects, and various types of street improvement projects.

During our most recent contract with the City of Moreno Valley, we have served on multiple local, arterial, and collector roadway improvements projects. The services that we’ve provided during our most recent on-call service agreement includes observation, compaction testing, and laboratory materials testing during roadway rehabilitation and construction.

LOR also provided laboratory testing to verify that project specifications for aggregate base, hot-mix asphalt, rubberized hot-mix asphalt, aggregate base, and slurry seal have been achieved.

3. City of Big Bear Lake, Israel Gomez Rosales, 909-866-5831 extension 137, [email protected]
We are currently servicing an on-call geotechnical, compaction testing, and laboratory materials testing agreement for the City of Big Bear Lake. LOR has been an on-call consultant for the city for the past 10 years.

We are currently providing geotechnical observation, compaction testing, and laboratory materials testing service on the Moonridge Road Rehabilitation project. This project includes underground storm drain improvements, full depth reclaimation roadway rehabilitation, the construction of various PCC flatwork improvements, and hot-mix asphalt paving.
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City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022
Over the past 10 years we have provided geotechnical site investigations, geotechnical observation during construction, compaction testing, laboratory materials testing, and reinforced concrete deputy inspection for the city of Big Bear Lake.

4. TKE Engineering (Multiple Agencies including the City of Calimesa, City of Highland, City of Adelanto, and more), Terry Renner PE, 951-680-0440, [email protected].

LOR has partnered with TKE to complete dozens of projects for municipal clients, from design to construction, over the past 15 years of operation. During that time LOR has provided geotechnical site investigations, pavement evaluation, compaction testing, and laboratory testing services. We have partnered with TKE on various types of projects including underground utility improvement installation, roadway rehabilitation and construction, park site grading, PCC flatwork improvements, and more.

We are currently working with TKE on the County Line Road Transportation Corridor Improvements project. This project includes the construction of underground storm drain improvements, roadway widening, full depth reclaimation roadway rehabilitation, PCC flatwork improvements, and hot-mix paving the new roadway areas. 16 LOR GEOTECHNICAL GROUP, INC.

City of Lake Elsinore, Engineering Division Reference No. 7079.P December 15, 2022

CLOSURE
We thank you for the opportunity to provide this proposal. If you should have any questions concerning our proposal, please do not hesitate to contact this firm.

Respectfully Submitted,
LOR Geotechnical Group, Inc.

John P. Leuer
President
TG:JPL:ss
Distribution: Addressee via email at [email protected] 17 LOR GEOTECHNICAL GROUP, INC.

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REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick DeSantiago, Public Works Manager
Date: February 14, 2023
Subject: Construction Agreement With Don Luginbill Roofing Inc. for Roof Replacements at Fire Station #85, Fire Station #94, Neighborhood Center, and Rosetta Canyon Sports Park
Recommendation

1. Approve and authorize the City Manager to execute a Construction Agreement with Don Luginbill Roofing Inc., (DBA JJ Roofing) for Roof Replacements at Fire Station #85, Fire Station #94, Neighborhood Center, and Rosetta Canyon Sports Park in an amount not to exceed $721,037.00 in such final form as approved by the City Attorney; and

2. Authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $72,103.00 for uncertainties and adjustments.

Background
In September of 2022, staff-initiated proposals from local contractors from The Interlocal Purchasing System, better known as TIPS Purchasing Cooperative, which assist in achieving the best value for the participating public entities through cooperative purchasing.

It was determined that the existing roofs at Fire Station #85, Fire Station #94 and Neighborhood Center, and Rosetta Canyon Sports Park need a significant amount of work ranging from:
•Cracked or loose roof tiles
•Repairs made with faulty materials
•Shingles have met their lifespan
•Caulking/sealant deterioration
•Improperly installed gutters
Construction Agreement for Roof Replacement

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Discussion
Staff has solicited three proposals for the replacement of roofs, and the recommended repairs/replacement are identified below:

Fire Station #85
•Remove existing roofing
•Install a Class A ½" securock mechanically attached
•Install 2 layers of #15 ASTM paper
•Install Quarrix Double Roman composite tile 50-year material warranty Fire Station #94
•Remove existing tile roofing and inspect the wood
•Deteriorated plywood sheeting replaced
•Deteriorated board lumber replaced
•Deteriorated facia replaced on a time and material basis •Install Quarrix Double Roman pan tile with matching trim over two layers of #30 felt underlayment and ½" gypsum board
•New metal drip edge installed at the perimeter
Neighborhood Center
•Remove existing roofing to the wood sheathing
•Install ½" gypsum substrate board over the plywood roof deck •Install 60 mil PVC single-ply roof membrane with heat-welded seams •Adhere the same membrane to walls and curbs
•Install a walkway protection pad to the service side of A/C units •Replace pipe flashings with PVC
•Replace edge metal with PVC drip edge metal
•Replace gutter
Rosetta Canyon Sports Park
•Remove existing tile roofing and inspect the wood
•Deteriorated plywood sheeting replaced
•Deteriorated board lumber replaced
•Deteriorated facia replaced on a time of material basis •Install Quarrix Double Roman pan tile with matching trim over two layers of #15 felt underlayment and ½" gypsum board
•New metal drip edge installed at the perimeter
Construction Agreement for Roof Replacement

Page 3 of 3 ends

The City received three proposals for repairs and roof replacement at Fire Station #85, Fire Station #94, Neighborhood Center, and Rosetta Canyon Sports Park. The amounts of each proposal are listed below:

Name of Company Amount
Don Luginbill Roofing Inc. $721,037.00
McDonnell Roofing Inc. $782,869.50
Shell Roofing Solutions $834,175.00
Don Luginbill Roofing Inc. has been competitively bid and priced on TIPS (The Interlocal Purchasing System), Contract Number# 210205, with an expiration date of 4/30/2024. TIPS is a National Cooperative Purchasing Program for member schools, colleges, universities, cities, counties, and other government entities in all 50 states as authorized by each entity's jurisdictional legal requirements. Region 8 Education Service Center, located in Pittsburg, Texas, is the lead government agency for the cooperative. The primary procurement statute for the lead agency is Chapter 44.031 of the Texas Education Code.

Waive of Competitive Bidding Procedures
Under Section 3.08.070(G) of the Lake Elsinore Municipal Code, the City Council can waive the competitive bidding requirement that would otherwise be utilized for this purchase. In addition to the benefits outlined above, repairs and roof replacements satisfy the City's requirements compared to competitors with significant shortfalls in specifications and operating levels essential to the City's needs. These benefits and characteristics suited to the City's specific needs support the finding that waiving the competitive bidding requirement for this purchase is in the City's best interest. Therefore, staff recommends that the City Council waive the competitive bidding according to Municipal Code Section 3.08.070(G) and allow the City Manager to purchase the repairs and roof replacement as outlined in this agenda report.

Following the approval of this agenda item, staff will execute an Agreement for the entire proposal and schedule the Roof Replacements at Fire Station #85, Fire Station #94, Neighborhood Center, and Rosetta Canyon Sports Park.

Fiscal Impact
Funds are available in the City's Fiscal Year 22/23 Capital Improvement Plan (CIP Project #Z20005).

Attachments
Attachment 1 – Agreement
Exhibit A - Fire Station #85 Proposal
Exhibit B - Fire Station #94 Proposal
Exhibit C - Neighborhood Center Proposal
Exhibit D - Rosetta Canyon Sports Park Proposal
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3 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Don Luginbill Roofing Inc., (DBA JJ Roofing)
For the
Roof Replacement – Fire
Station #85, Fire Station
#94, Neighborhood Center
and Rosetta Canyon
Sports Park
CIP PROJECT NO. Z20005
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of February 14, 2023 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Don Luginbill Roofing Inc., (DBA JJ Roofing) (“Contractor”).

The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

Roof Replacement – Fire Station #85, Fire Station #94, Neighborhood Center and Rosetta Canyon Sports Park (CIP Project #Z20005)
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being Seven Hundred Twenty-One Thousand Thirty-Seven Dollars and Zero Cents. $721,037.00 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project 2 6
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3 Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within 30 working days per working location from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Click or tap here to enter text. per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work.

4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
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3 b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.

6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.

7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
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3 i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
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3 i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Don Luginbill Roofing Inc.

Attn: Don Luginbill
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3 2011 Spruce Street
Riverside, CA 92507
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3 11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

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

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

17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

19. Authority to Enter Agreement and Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.

20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for 2 6
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3 Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the 2 6
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3 grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
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3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Don Luginbill Roofing, Inc. (DBA JJ Roofing)
City Manager
ATTEST:

By: Don Luginbill
Its: Owner
City Clerk
APPROVED AS TO FORM:

By:Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Assistant City Manager

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
2011 Spruco Stre€t
Rive{side, Celifomis 92507
P.O. Box 5657
Riverside, CA 925'1 7-5657
Don Lwinbill Roofing lnc.,
dba JJRC,OAilG
Siala t,bonse ,vo. ,09528
(951)78+ROOF
(95118+7663
FAx: (951)78+7677
@ Phone i'lo.
do John Slegin with Roof Resource FAX:
130 S. Main St.

Lake Elsinore. CA 92530
We propo€e to fumish th€ folloring mat€tials ard perform a[ labor necessary to comd€te the loof at:

Fire Staiion #85 294OS Grand Ave. Ld(e Elsinore
Remove existing roofirE and haul anay.'
lnstall a class a %' securcd( mechanislly altached.
lnstall 2 layers of '15# asim paper.
lnstafl Qu;rix Oouble Romin composlte tib 5() year materid waranty p€r manufac,turers r€commendatbns.

Clean up dd haul a^ray all our debris on a daity basis.

NOTE: .lI uould uo|* is ne€d€d add slo.oo a square foot for plylvood and $14.00 a linear foot for board sheathing.

ExcMe: Two flat roob on th€ rear d ths buiHing, bonds, Gbestos abatemenumoH remediation, framing or strudural repairs, removing or ming of any rnschanbal equipment, guiters/doflnspouts. painting, plumbirE' electrical, waierproofing and ansulatbn.

The above wo* to be completed in a substantial and workmanship like rnannet for tho sum of:

Two Hundred & Fourteen Thousand, Seven Hundr€d & Fotly Tvio Dollars $ 214,742'00

PROPOSAL AND CONTRACT
We are fulty covsred by u.orkmen's comperEatbn and public liability insurance.

Cari€r's names and polhy numbors availado on requesl.

Resp€cttully Submitted.

J J ROOF'NG
Terms: Net cash on comdgtion. 2 -year guarantee'
ThiS 066r valu for oie vt,E€k frofi daia ot aslinrate. Any dteralbns or d6yidinrs fro.n ttB sbo,e sp.cificelions or boiHillg plans twolvhg ertra cost of labo. or mat6.ial $, b€cdis an additirnd (,tergs d€.thr p.ke quoted in lhb 6slinrat6' tt or.a tit is accoptco. vrort r,def tli6 co.!tra.l6hel cornrE rco rlot Liri, th.n .2022 a.d will ba oofiplet€d by , 2022. nt comCelidl dab slrel b€.xbtrrcd to atry d€t ys causcd bv tlcl€rynt.*:4Jt€r' a;.irrer{a. ihonaCcs d ntatrdat or bbor and otrEr ddays uaavoidago ot bqaond J J Roof6p s clot ol. J J Rodng_s failuc. wflhod tadd Bxcus!. !o coml'lenc. urort wilhin 20 deF tom dab spGo'fied in lhis agt onl€ni shall co.lslitub a viraliir.! d tho C.aot€clo(s Lir.rEa t6 . J J Roofing sha! bc ds6rl!€d'O trare srtsbaafy conrE{rcsd *!rk wtEn it t'lo\,e3 cquixnct{ orrb ttE iob !rib.
it Oriralay accets is rqrilld b ilErs{ roafinO, m assufio no lblifty 6. damage b diYa*ay caus€d by r,riJlt of hd(s lryho &molilioi is iEca6sa,y. ou,nor or tenaal ii r€s9oosbl6 to tal€ rEcar6ary pa€cautofls a0ainEt int6rioa damego catl3cd by dust or d6t is.

Accept€d by:

SOnalure
Printed ttame & Title
Date 2022 Se embet 27,2022

THE TERMS AND CONDITIONS APPEARING ON THE REVERSE SIDE OF THIS OOCUMENT ARE INCORPORATEO INTO, AND MADE A PART OF, THIS DOCUMENT.

Don Luginbill, Estimator
White/Orbinal, Customer Yellorr/Acc€olance, Sign & Return PinUFile Copy 201 1 Spruce Street
Riverside, CA 92507
Mailinq Addres
P.O. Box 5657
Riverside, C A 92517 -5657
Don Luginbill Roofing lnc.,
dba J J ROOFING
State License No. 409528
(951)784-ROOF
(951)784-7663
F^x: (951)784-7677

PROPOSAL AND CONTRACT
City of Lake Elsinore Phone No.
c/o Jose Torres - RoofSource FAX:
130 S. Main St.

Lake Elsinore, CA 92530
We propose to furnish the following materials and perform all labor necessary to complete the roof at:

Fire Station #94: 22770 Railroad Canyon Road, Lake Elsinore, CA WORK TO BE PERFORMED:

Remove existing tile roofing and inspect wood
'deteriorated plywood sheeting replaced at $10.00 per sq ft ADD 'deteriorated board lumber replaced at $14.00 per lin ft ADD 'deteriorated facia replaced on time and material basis ADD lnstall Quarrix Double Roman pan tile with matching trim over two layers of 30# felt underlayment and %" gypsum board New metal drip edge installed at perimeter
Miscellaneous: Price includes fifty (50) year material- two (2) year labor warranty Exclusions: Permits, bonds, ponding water, woodwork (other than listed above), waterproofing, sheetmetal, gutters/downspouts, plumbing, electrical, HVAC work and any insulation.

The above work to be completed in a substantial and workmanship like manner for the sum of:

Two Hundred Eighty Five Thousand Six Hundred Forty Five Dollars $285,645.00 Terms: Net cash on completion. 2-year guarantee.
. This offer valid for one week from date of estimate. Any alterations or deviations from the above specifications or building plans involving extra cost ol labor or materialwill become an additional charge over the price quoted in this estimate. . lf this bid is accepted, work under this conkact shall commence not later than ,2022 and will be completed by ,2022. The completion date shall be extended for any delays caused by inclement weather, accidents, shortages of material or labor and other delays unavoidable or beyond J J Roofing's control. J J Roofing's failure, without laMul excuse, to commence work within 20 days from date specifled in this agreement shall constitute a violation of the Contractors License Law. J J Roofing shall be deemed to have substantially commenced work when it moves equipment onto the job site. . lf driveway access is required to install roofing, we assume no liability for damage to driveway caused by weight of trucks. . When demolition is necessary, owner or tenant is responsible to take necessary precautions against interior damage caused by dust or debris.

We are fully covered by workmen's compensation and public liability insurance.

Carrier's names and policy numbers available on request.

Accepted by:

Respectfully Submitted.

J J ROOFING
ITi.tha.rd B Luai,nh L
Signature
Rick Luginbill, Estimator
Signature
Printed Name & Title
20tl Spruce Strs€t
Rivqsire, Calibmla
92il7
bllit,.W:

PO. 8ox 5657
Riverside, CA 925 t7-5657
Don Luginbi[ Roofing lnc.,
dba JJ SOOFlflG
Sate thorce ,,ro. .@528

PROPOSALAND CONTRACT
(951 )78,|-ROOF
(gsl )78+7663
Fr\x; (951[84-7677
City of Lako Elsinors
cJo John S€gh wi0r Root R6ourEe
130 S. Main St
Lake EbinorB, CA 92530
Acceptod by:

Signature
Phooo tlo. 951.674.3'1 24
FAX:

We propose to fumish the following maiedals and perform all labor necessary to coanpbb the rcol at NeighborM Center 117 S. Langstaf St. Lake ElsinorB, CA 92530 Work to bG o.do.tncd LOU, SLOPE ROOF AREIS:
o R$rcve exisling rodng to wood shoathing. 'ir6p€ct sheatfrE.

Ths h6e bi, includ€o up to 10% €f w@d deck rodacomod b(n addilioial dryrEt slE€ting tspbcsd at t10.00 per sq ft ADD ard dry boad lumbor dryrot Gdaced at t14.m pgr [n lt ADO lnslo PVC slogta pty taf sys&,m co,rstsdtry ol ahe lo oqlrrg:
. lnstall r,f gypelllnsuDat-ateboa.doverplywoodrooldeck . lnsta 60 mfl PVC single ply roof rn€mbrane with heat relded seams . Adh6r6 sarng r€mbl.an6 to walls and orbs
. lnstall w:allcr.ay protectirn p8d to service sk e ofa/c units . Reptace pipe f,aEhings with ryC dpe f,ashingE
. Roplace edg8 rnstal w h PVC drlp edgs metd
. The gutbr wn b€ Eplacsd with nsw at rcof lovd
. Clean up and haul away our debris
. Labor and matorial relgaaes upon completion
Altemate Bid: lnstall 80 mil FryC lringlo-dy (h lbu of 60 mt) on dl ist rcof arBas: (soe allemalo pfto b€low) Mis.allaneous: hi@ indtdes manu[ad)rer's tuenty (m) yeat'no alolhr linif bbr and natetial wdranty on bas6 bid, lwenly fiw (25) yqt & a,temale.

Exdusions: Pemib, bonds, roofirE lhe ttrc snalld€cks on r€ar, a6b€rilc abatElr€nurnold rsnodialiofl, sDodwork (other ihan plFvood list€d abovB), v.alloay prct€clion pads, framing oa slruciural rBpairs, rgrroving abandoned equipment or pipes, sheqlrn€tal, gutlerVcd€dor boxos/downspouts, painting, plumt ng, elecaical, HVAC wolk (induding qrrbs, ductwort, cfickets, etc.), and any insdatbn (tapored or rsgular).

The above veork b be cornplebd in a substantial and workmanship like manner for the sum ot Base Bid 20 y6ar 60 mil PVC: One Hundr€d T!rerity T$o Ttpusand Six Hundred Dollars Aftemate Btu, 25 yr 80 mil H/C: One Hurdrcd Tweflty S€ven Tholsand Tu,o Hundrcd Fifry Do{als $122,600.00
t127,2fi.O0
Terms: Net cash on cornpleliofl. 2().year guarantee.
. Thb olte. l* br qlo r'rd( ftqn dsb o, atnds. any &diorB 6 d€vlrtix|. nqn lf|o .Dor. rp€dfi.dixB d blnhe Ctls ihoh,tlg €xre cod of labor o. mabrbl lvl b@no &| aaLltollrl clEga or/5a tr p.ica qJobd h n* aadme. . lf lhb tid k acc€pl€d, {/dk undo. thb ca|t'a6l sh.l conrn€rlc rcl bt r lian ,m22 lrd $I bo complol€d by , m22. I|e cdnplo{ion de shat bo ad.nd.d ft. afly dcrrF ca.i6€d b, llcl€rnod wea0|€r, acddonb, dldtagE3 cf rrder!{ o. lab(r and olher ddaF u'lavdlatb o. baF.|d J J Rodng'6 cstd. J J Rodnob lakIB. wltDd lawh, orcu6a, b conInglc. xo.l rihh 20 (hF liom dato 6pacli6d h tib aorodrEi ahal cooldtrto r ,otdbn of th€ Cdffi.! tirllra l"ew. J J Rooetg lhd !. doofiEd to hsva lubstanlially corynsrc.d n t rl|ar t rlloi/E sqillElt ato ft Fb Eb.
. rdrivsky.cc6 b l€quild to n6t l irdiu r. aslurb m tffly h. drraob !o divohy.au!.d by sirn o,tuct3. . When dorm&ibo b nocassa.y, c^lrler n Enart b rc.porBlbh b tarG n€.€6sary p.ecauli,|s agaimt inisrio. dan ge caGed by dud or debrb.

We arE fuly covolEd by wortmen's cornpsnsaton and puuic liability insurancg.

Canier's nanlf,s and Nicy nurnOels ar€ibDls o, ,€gt esL Pdnted Name & Trte
Date
THE TER'iIS ANO CONOITIONS APPEARING ON THE REVERSE SIDE OF THIS OOCUMENT ARE INCORPORAIED INTO, AND MADE A PART OF, THIS DOCUMENT.
2022
Respecttr[ty Submittgd.

J J R(X)HNG
Pal,ol A lp;J
Sirnatu.s
Rld( Luginbill, Eslimator
No!/€f.ttu 1, 2gzr\Ot'14, 2022
2011 Spruce Street Don Luginbill Roofing Inc., (951)784-ROOF Riverside, CA 92507 dba J J ROOFING (951)784-7663 Mailing Addres State License No. 409528 FAX: (951)784-7677 P.O. Box 5657
Riverside, CA 92517-5657

PROPOSAL AND CONTRACT

City of Lake Elsinore Phone No.
c/o Jose Torres - RoofSource FAX:
130 S. Main St.

Lake Elsinore, CA 92530

We propose to furnish the following materials and perform all labor necessary to complete the roof at:

Rosetta Park: 39423 Ardenwood Way, Lake Elsinore, CA

WORK TO BE PERFORMED:

Remove existing tile roofing and inspect wood
*deteriorated plywood sheeting replaced at $10.00 per sq ft ADD *deteriorated board lumber replaced at $14.00 per lin ft ADD *deteriorated facia replaced on time and material basis ADD Install Quarrix Double Roman pan tile with matching trim over two layers of 15# felt underlayment and ½” gypsum board New metal drip edge installed at perimeter

Miscellaneous: Price includes fifty (50) year material- two (2) year labor warranty

Exclusions: Permits, bonds, ponding water, woodwork (other than listed above), waterproofing, sheetmetal, gutters/downspouts, plumbing, electrical, HVAC work and any insulation.

The above work to be completed in a substantial and workmanship like manner for the sum of:

Rosetta Park 39423 Ardenwood Wy: Ninety Three Thousand Four Hundred Dollars $ 93,400.00

Terms: Net cash on completion. 2-year guarantee.

• This offer valid for one week from date of estimate. Any alterations or deviations from the above specifications or building plans involving extra cost of labor or material will become an additional charge over the price quoted in this estimate. • If this bid is accepted, work under this contract shall commence not later than ,20 23 and will be completed by , 2023. The completion date shall be extended for any delays caused by inclement weather, accidents, shortages of material or labo r and other delays unavoidable or beyond J J Roofing’s control. J J Roofing’s failure, without lawful e xcuse, to commence work within 20 days from date specified in this agreement shall constitute a violation of the Contractors License Law. J J Roofing shall be deemed to have substantially commenced work when it moves equipment onto the job site. • If driveway access is required to install roofing, we assume no liability for damage to driveway caused by weight of trucks. • When demolition is necessary, owner or tenant is responsible to take necessary precautions against interior damage caused by dust or debris.

We are fully covered by workmen’s compensation and public liability insurance.

Carrier’s names and policy numbers available on request.

Respectfully Submitted.

Accepted by: J J ROOFING

_________________________________ Richard B Luginbill Signature Signature

________________________________ Rick Luginbill, Estimator Printed Name & Title

Date ______________________, 2023 February 6, 2023

THE TERMS AND CONDITIONS APPEARING ON THE REVERSE SIDE OF THIS DOCUMENT ARE INCORPORATED INTO, AND MADE A PART OF, THIS DOCUMENT.

White/Original, Customer Yellow/Acceptance, Sign & Return Pink/File Copy

Page 1 of 3 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick DeSantiago, Public Works Manager
Date: February 14, 2023
Subject: Construction Agreement with Owen James Construction Inc. for Roof & Window Replacement at the Senior Center (CIP Project #Z20005) Recommendation

1. Approve and authorize the City Manager to execute a Construction Agreement with Owen James Construction Inc. for Roof & Window Replacement at Senior Center in an amount not to exceed $275,500.00 in such final form as approved by the City Attorney; and

2. Authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $27,550.00 for uncertainties and adjustments.

Background
In November of 2022, staff initiated a proposal from The Interlocal Purchasing System, better known as TIPS Purchasing Cooperative, which assists in achieving the best value for the participating public entities through cooperative purchasing.

It was determined that the existing roof and windows at Senior Center need a significant amount of work ranging from:
•Shingles have met their lifespan, fiberglass exposed, bridging, and frail. •Membrane surface deterioration affects the strength and watertight integrity of the roofing system, which affects the strength and watertight integrity of the roofing system. •Caulking/sealant is considered a maintenance item. When sealant deteriorates, it will allow water to enter the building or other structural components. •Improperly installed or maintained or defective gutters can let water infiltrate the roof system and cause damage to the exterior of the building. •Retrofit windows.

Roof & Window Replacement at the Senior Center

Page 2 of 3 ends

Discussion
Staff has solicited a proposal for the replacement of the roof and window replacement, and the recommended repairs/replacement are identified below:

Quarrix Tile
•Remove existing roof
•Install 1 layer of WIP peel and stick self-adhering membrane over all 2/12 roof pitch areas. •Install 2 layers of 30-pound felt
•Install Quarrix roof tile system with all accessories
•Install all new metal and metal flashings
•Replace any damaged pipe flashings or valley metal
Shingle Roof
•Install new drip edge metal at eaves
•Install 1 layer of 30-pound felt on a steep roof area
•Install 2 layers of 30-pound felt over 1 layer of WIP self-adhering membrane on 2/12 pitched roofs
•Install new pipe flashings and roof metal
•Install new GAF shingles
•Install high-definition ridge shingles
•Paint flashings and dormers to match the roof color
Re-Roof
•Install and mechanically fasten ½" fanfold over the existing roof. •Install 60 Mill TPO membrane over the entire roof area and mechanically fasten •Heat weld all seams and laps
•Install all TPO roof-related accessories
•Adhere TPO membrane to parapet walls
Stucco Repairs
•Remove stucco to add z-bar and step flashing or tile pan and roof to the wall as necessary in multiple areas
Roof & Window Replacement at the Senior Center

Page 3 of 3 ends

Retro Fit Windows
•Remove old windows and trim the existing frame
•Remove stucco and drywall
•Frame in new windows
•Install new windows, set in caulking, and caulk the outside of the window frame •Repair stucco, paint, and drywall at windows as necessary Owen James Construction Inc. has been competitively bid and priced on TIPS (The Interlocal Purchasing System), Contract Number# 210205, with an expiration date of 4/30/2024. TIPS is a National Cooperative Purchasing Program for member schools, colleges, universities, cities, counties, and other government entities in all 50 states as authorized by each entity's jurisdictional legal requirements. Region 8 Education Service Center, located in Pittsburg, Texas, is the lead government agency for the cooperative. The primary procurement statute for the lead agency is Chapter 44.031 of the Texas Education Code.

Waive of Competitive Bidding Procedures
Under Section 3.08.070(G) of the Municipal Code, the City Council can waive the competitive bidding requirement that would otherwise be utilized for this purchase. In addition to the benefits outlined above, repairs and roof replacements satisfy the City's requirements compared to competitors with significant shortfalls in specifications and operating levels essential to the City's needs. These benefits and characteristics suited to the City's specific needs support the finding that waiving the competitive bidding requirement for this purchase is in the City's best interest.

Therefore, staff recommends that the City Council waive the competitive bidding according to Municipal Code Section 3.08.070(G) and allow the City Manager to purchase the repairs and roof replacement as outlined in this agenda report.

Following the approval of this agenda item, staff will execute an Agreement for the entire proposal and schedule the Roof/Window Replacements at Senior Center.

Fiscal Impact
Funds are available in the City's Fiscal Year 22/23 Capital Improvement Plan (CIP Project #Z20005).

Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
1 Agreement No. __________

AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Owen James Construction Inc.

For the
Roof & Window
Replacement at Senior
Center
CIP PROJECT NO. Z20005
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of February 14, 2023 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Owen James Construction Inc. (“Contractor”).

The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:

1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:

Roof & Window Replacement at Senior Center CIP Project No. Z20005 (the “Project”) The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.

2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being . Two-Hundred Seventy-Five Thousand Five Hundred. $275,500.00.
2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

3. Completion of Work.
a. Contractor shall perform and complete all work within Fifty (50) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of 1,000 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.

Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.

8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.

This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.

The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Owen James Construction Inc.

Attn: Bill Leinenweaver
850 E. Parkridge Ave. Suite 110 & 111
Corona, CA 92879

11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

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

16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.

Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.

23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page]
9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Owen James Construction Inc.

City Manager
ATTEST:

By: Bill Leinenweaver
Its: Owner
City Clerk
APPROVED AS TO FORM:

By:Click or tap here to enter text.

Its: Click or tap here to enter text.

City Attorney
Assistant City Manager

EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
License * 1U9316
951-277-3886
850 E. Partrtdge Ave. Sulfe 1r0 & 111
Corona, CA 92879

PROPOSAL AND CONTRACT
Bullder: Clty of lake Eltlnore
Attention: Jose
Addrees: E.420 Lakeshora Dr., Lake Elslnore
Roofina
Quarrix Tile

1. Remove existing roof and haul away.
trwenIamHs
Phone:

Fax:

Dale:11116122

2. 3.

4. lnstall I layer of WP peel and stick self.adhering membrane over all 2112 roof pitch area.
lnstall 2 layers of 30 pound felt
lnstall Quarrix roof tile system with all accessories per manufacturer specifications.

5. lnstall all new metal and metal flashings.

6. Replace any damaged pipe flashings or valley metal.

GAF Shinqle Roof

1. lnstall new drip edge metal at eaves.

2. lnstall 1 layer of 30 Pound Felt on steep roof area.

3. lnstall 2 layers 30 pound felt over 1 layer of WlP Self adhering membrane on2112 pitched roofs.

4. lnstall New pipe ffashings and roof metal as needed (Valley, roof to wal!...etc.)

5. lnstallnew GAF Shingles.

6. lnstall High0eftnition ridge shingles.

7. Paint flashings and dormers to match roof color.
60 Mil TPO Re-Roof Flat Roof Area at Perimeter of the Buildins

1. lnstall and mechanically fasten Yz" tantold over existing roof.

2. lnstall 60 Mill TPO membrane over entire roof area and mechanically fasten.

3. Heat weld all seams and laps.

4. lnstall all TPO roof related accessories.

5. Adhere TPO membrane to parapet walls as necessary.

6. Install TPO clad metal at all parapet walls and roof edges.

7. 15 Year Labor Warranty on new roof.

Misc Stucco repairc to add roof metal
Remove stucco to add z-bar and step flashing or tile pan and roof to wall as necessary in multiple areas.

Retro Fit Windows(Green Worldl

1. Remove Old windows and trim existing frame as necessary.

2. Remove stucco and drnrall as necessary.

3. Frame in new windows as neoessary.

4. lnstall new windows, set in caulking, and caulk the outside of the window frame.

5. Repair stucco, paint and drytuall at windows as necessary.

PROJ ECT INVESTMENT SUMMARY
Roof System Pricing
Lake Elsinore Shingles
Building Location: Flat RoofinE System: Warranty: To{alPrice:

Quarrix Tile t5 $165,000.00
{5 $108,000.00
Windows $103,000.00
Misc Stucco Repairs $7,500.00
Exfas:

Rotted Plynood Replacement.........., .... $65.00
Broken 2x4 Joist ...........$f 2.00 per ft.

Low spot conec'tion .......t4.00 per eq. ft.

When accepted, this Propooal wll! constitub a Contract betwoen both parties. lf not accepted wtthin 10 day", we ]ta.rue thc rlght to wttrdraw thls Hd.

NONCETOOl,r,ER
(Secdoa 7A10-bntectors Uense Law)
Under the t*hanics' Uqt law any Conbwtor, Subcoatrircbr, l-efuer or otherpson who hdps to imprcve yow prquty aN is not pid for hts labr, sotrrioes or maMal, has the tfiht to orrforce his claim agalnst Wur Werty Thls mans thal after a crlurt hwing your prryerty could be sold by a court oficlr and the proaeds ol dre sale used to saffsfy fre indo0tbdneEs. Th'rc can happen even if you have paid your own Contactor in full, if ilre SuDronfiac&rr, labor, andlor &ryfller tsnain unpid- Under lhe law pu may poterlt youtsdf against such claims by fillng, beforc conmencing sudt ww* of imprcvqnent, an original contact for tlrc wod< ff imr,rovqnqil or ndifration thqeol in the ofre of ilp @t nty tarrrder of tire a unty wlue ttn pryty is slfuabd and rquirlng that a confrac-tofs paymurt bod be rccorded in such ofrcc,. Said bN shall be ln en amount rrot ,€ss than fifty percent (WO of AE contacl price and shall, in adifion to any conditions for the pefiomarw ol the crrltact, b @nditiond for the pyment in full of the claims of all petsons fumlshlng labr, serwbes, quipmqrt or mafrrids Jor tE wot ( drsctiDrd tn srrid co,ntact- ln tlrc event that a dtspute betw€s,n Owner and Confuclor slpuld arfse it is agrced that Dp.th prties will onsent lo aN aude by tlre decision of a l*al Building Arbttation Service. ln tlrc event of noarpy,.zrcnt of awad b the injured party, it is agreed flrat tlr allorne/s fees and court costs wlll De tfie responsiDllily of the WilU prty.

ACCEPTED:
(O'rlmggn-nl
Conlr.cto..&lr4rlld lthb !. Icf! d and ngul-d btlta rre&Oroafn bo{rl dcofitlcloo' SHo Lt:.lE Bord. Any Srdon Gollclfring a conffi ol.y b. rdH to ir. ltfi.tttr ot tr board wtoa. !ddr... b:

Gootractors S& Ucome Board
P.O. Box26flX!
Sacramenb, CA95tl6
1{00a2tc8LB (2752}
Estimator
Bill Leinenweaver
Owen James Construction.

License f 1049316
951-227 -3886
850 E. Parkridge Ave. Suite 110 & 111
Corona, CA 92879
Senior Center Roof replacement, Window replacement, and Misc. stucco repairs.

Quarrix tile roof 5165,000
Windows $103,000
Stucco repairs S7,500
= szzs,soo
Account# Building Facilities renovations 220005
This work will improve recurring issues with roof and window leaks at this facility. This will also make it a safe and enjoyable environment for senior citizens and safe work environment for city staff.

Quarrix Tile

1. Remove existing roof and haul away.

2. install 1 layer of WIP peel and stick self-adhering membrane over all 2 1/z toot pitch area.

3. install 2 layers of 30 pound felt

4. install Quarrix roof tile system with all accessories per manufacturer specifications.

5. install all new metal and metal flashings.

6. Replace any damaged pipe flashings or valley metal
Retro Fit Windows(Green World)

1. Remove Old windows and trim existing frame as necessary.

2. Remove stucco and drywall as necessary.

3. Frame in new windows as necessary.

4. install new windows, set in caulking, and caulk the outside of the window frame.

5. Repair stucco, paint and drywall at windows as necessary.

Misc. Stucco repairs to add roof metal Remove stucco to add z-bar and step flashing or tile pan and roof to wall as necessary in multiple areas.

Roof Condition Report
lnspectio n D ale: 03 I 221 2022
Jose Torres
[email protected]
Luis Ceja
Maintenance Director
City of Lake Elsinore
lcej a@la ke.elsi nore.org
Phone: (951) 805 9927

SENIOR CENTER
Lake EIsinore, CA
PREPARED FOR:

Senior Center
420 E Lakeshore Dr
Lake Elsinore, CA92530
Building Type: GovemnenUpublic
This report was prepared using True Roof Rater by
t?lv.f r;r,1t: .( tr
Facility Senior Center
Roof Repai r/Replacenrcnt Costs
Roof Sections: 1
Total lssues:6
TotalDetails: 1
Section
I
o,r,,,n,nn
Severity
Major
Recommendation
Replace
Repair Gost
N/A
$0.00
Replacement Cost
N/A
$o.oo
Prepared by Jose Tones using True Roof Rater by: ,,r=o=.o Page 2111 0410712022
SENIOR CENTER. LAKE ELSINORE, CA
\-**-
.c";ilE
Facility: Senior Center 0410712022
Disclaimer
This report has been prepared by an individualtrained by eperience and education in this industry. However, this report is not intended to be and does not constitute an epert opinion on the cause of any deficiencies found, rather it addresses such deficiencies, if found, and proposed corrective action to restore the effectiveness and long term viability of the roof. This report was not prepared by a licensed professional engineer and is not intended to be a staternent or opinion concerning the quality of the installation inspected, since its focus is on rernediation of any conditions found.

This report is for the exclusive use for the recipient and nny not be used by any other person or entity without the prior epress consent of the author.

Notice: Scale drawings, preliminary specifications and docurnentation provided by are prelininary. The successful bidder is responsible for all building permits, field conditions and compliance with building codes. Any budgetary figures are preliminary only and not guaranties. Prelininary specifications and budgeting paraneters are based upon field inspections and test cuts when applicable and are subject to revisions based upon final field conditions and construction issues. The successful bidder is responsible to conduct their own field tests and construction inspections to assure proper installation and conpliance with building codes. No structural analysis has been provided in these prelininary specifications.

Versico nor their independent representatives are architects and therefore it is not the intent herein to describe all of the details for roofing and flashing. The roofing contractors shall assure thenselves that they have been provided with all infornption and details required by the nenbrane nnnufacturer or project conditions to achieve a complete water-tight installation regardless of whether or not such infornption or details are e&ressed specifically herein. The roofing contractor shall provide inrrediate notice to the owner in the event the roofing contractor determines that additional inforrnation, details or drawings are necessary to achieve a conplete watertight installation. Al work shall be perforned by the roofing contractor in accordance with local, state and federal laws, codes and regulation. Oryner shall accept responsibility for the adequacy of the design and the conforrnance of the design with all local, state, federal laws, codes.

To the extent applicable, Owner accepts responsibility for any identification, analysis rernoval and disposal of asbestos containing npterial.

Prepared by Jose Tones using True Roof Rater by: 1.gr+Fr..61 Page 3/1 1 Facility Senior Center 04t07 t2022
Section Outcome:

Replace
Severity:

Major
Section Summary:

Section lssues: 6
Section Details: 1
Section Recommendation:

Replace this section.

Prepared by Jose Tones using True Roof Rater O, nqm',u,g Page 4111 .trr@
Section A Overview: Building
lr,rJ
\*"--
I
-T
lftT\hNE: I
re.AE
Facility: Senior Center 04t07t2022
Section A: Building
Detail:

Shingle Roof
Description:

Shingles have rnet their lifespan, fiberglass eposed,
bridging and frailty.

Figure 1
Prepared by Jose Tones usi ng Trure Roof Ratet by, yET=Eg Page 5/1 1 Detail AD-1: Shingle Roof
Section A: Bu
Facility Senior Center
Severity:

Major
Figure 1
Action:

Requires Repair
Description:

Menbrane surface deterioration include erosion,
wearing away of the rnenbrane surface and cralng or
hairline cracking.

Why is this an issue?
Mentrane deterioration affects the strength and
watertight integrity of the roofing system.
04t0712022
Figure 2 Figure 3
Prepared by Jose Tones using True Roof Rater by: yn'*srcg:l Page 6/1 1 lssue Al-1 : Membrane deterioration
.'.,,8
:'--:::- -:-- - -' ;--':--i:i$$
=- _- - ..-1.--*.:-- .'^'-!.-"'y1-
Facility Senior Center
Severity:

Major
Figure 1
Action:

Requires Repair
Description:

Caulking/sealants are used to fill snnll areas against
water.

Why is this an issue?
CaulUsealant is considered a naintenance item. When
sealant deteriorates, it will allow water to enter the
building or other structural components.
04t07t2022
Figure 2 Figure 3
Prepared by Jose Torres using True Roof Rater by: q,,sns{c., Page7111 Section A:
lssue Al-2 : Caulking/sealants deterioration
Section A: Bui
Facility: Senior Center
Severity:

Major
Action:

Requires Repair
Description:

Menbrane surface deterioration include erosion,
wearing away of the rnembrane surface and cralng or
hairline cracking.

Why is this an issue?
Menbrane deterioration affects the strength and
watertight integrity of the roofing system.

Figure 1 Figure 2
Prepared by Jose Tones using True Roof Rater by: ''ro=*-.- 04t07t2022

Page 8 ends

Lake Elsinore City CouncilFebruary 14, 2023

Lake Elsinore City Council
February 14, 2023