REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: May 23, 2023
Subject: Amendment No. 1 to the Professional Services Agreement with Ardurra Group, Inc.
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with Ardurra Group, Inc. for an additional $19,950.00 bringing the total contract amount not to exceed $139,129.00 in final form as approved by the City Attorney.
Background
On October 11, 2022, the City Council approved the Professional Services Agreement in the amount of $119,179.00, with Ardurra Group Inc. for the final design for the Camino Del Norte Sewer Extension Project. The final plans will extend the sewer main to the future Elsinore Hills Road/Camino Del Norte intersection. During the exploratory surface boring phase, the Geotechnical Engineer encountered granitic rock below the surface.
Discussion
The granitic rock was located within the proposed alignment of the sewer. With this discovery, a supplemental Geophysical Evaluation Report is required to determine the extent of the rock. The purpose of the Geophysical Evaluation Report is to provide data and recommendations regarding the excavation conditions along the sewer alignment.
Fiscal Impact
Professional Services Contract will result into a revised cost of $139,129.00. This cost is programmed in the City‘s CIP Program.
Amendment No. 1 Ardurra
Attachments
Attachment 1- Amendment No. 1 Ardurra
Exhibit A- Proposal
Attachment 2 – Original Agreement
Attachment 3 – Project Exhibit
AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
Ardurra Group, Inc.
Camino Del Norte Sewer Extension Project
This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 5/23/2023, by and between the City of Lake Elsinore, a municipal corporation (“City), and Ardurra Group, Inc., a Corporation (“Consultant”).
RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 10/11/2022, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation in an amount of One-Hundred Nineteen Thousand One Hundred Seventy-Nine dollars ($119,179.00).
C. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:
1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:
Consultant shall also perform the services described in Consultant’s 3/23/2023 Proposal (attached to this Amendment No. 1 as Exhibit A-1).
Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time.
2. Section 3, Compensation, of the Original Agreement is hereby amended to add the following:
Notwithstanding the foregoing, (i) for purposes of Amendment No. 1, compensation to be paid to Consultant for the additional scope of services shall be in accordance with Consultant’s 3/23/2023 Proposal (Exhibit A-1 to Amendment No. 1); and (ii) in no event shall Consultant’s compensation exceed One Hundred Thirty-Nine Thousand One Hundred Twenty Nine dollars ($139,129) without additional written authorization from the City.
3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONSULTANT”
Ardurra Group, Inc.
City Manager
Date:
Amy Czajkowski, Principal in Charge
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
EXHIBIT A-1
CONSULTANT’S PROPOSAL
[ATTACHED]
14271 Danielson Street | Poway, CA 92064 | 858.413.2400 | www.ardurra.com May 10, 2022
Mr. Carlos Norvani
City of Lake Elsinore
130 S Main St.
Lake Elsinore, CA 92530
SUBJECT: CAMINO DEL NORTE SEWER EXTENSION
Dear Mr. Norvani:
The Camino Del Norte Sewer Extension Project is proposed to design approximately 1,225 linear feet of sewer within Camino Del Norte, south of Main Street. During the geotechnical borings, Boring 2 hit refusal at 4 feet. In coordination with the City we are presenting a proposed amendment adding additional scope to perform a seismic refraction survey.
This seismic refraction survey is intended to explore the subsurface condition to better inform the design team of the potential for rock in order to support the design of the proposed sewer. Additional details regarding the execution of this work can be found in the attached proposal from Ninyo & Moore, the geotechnical subconsultant on the job.
FEE
The proposed fee for the above scope is $19,950. This includes the subconsultant’s fee plus a 5% markup. We appreciate the opportunity to provide this proposal for the Camino Del Norte Sewer Extension Project. If you have any questions please feel free to contact me at 619.316.7248.
Sincerely,
Jamie Fagnant, PE
Project Manager
5710 Ruffin Road | San Diego, California 92123 | p. 858.576.1000 | www.ninyoandmoore.com March 23, 2023
Project No. 109554001
Ms. Jamie Fagnant
Ardurra
14271 Danielson Street
Poway, California 92064
Subject: Proposal for Supplemental Geophysical Evaluation Camino Del Norte Sewer Extension
Lake Elsinore, California
CIP Z30016
Dear Ms. Fagnant:
In response to your request, we are pleased to submit this proposal to perform a supplemental geophysical evaluation for the Elsinore Valley Municipal Water District’s (EVMWD) Camino Del Norte Sewer Extension project in Lake Elsinore, California. The project includes the construction of approximately 1,225 lineal feet of 8-inch diameter sewer pipe at depths of approximately 8-10 feet within Camino Del Norte.
Our office is currently preparing a geotechnical evaluation report for the project and recently performed three small-diameter borings along the project alignment. One of the borings met drilling refusal on granitic rock at a depth of approximately 4 feet. Due to the presence of shallow, resistant rock along the project alignment, we are providing this scope and fee for a supplemental geophysical survey to evaluate the subsurface conditions. Based on our site observations of granitic rock within the roadcuts adjacent to Camino del Norte, shallow rock may be anticipated along an approximately 675-foot long section in the middle portion of the alignment.
The purpose of the supplemental geophysical evaluation will be to provide data and recommendations regarding the rippability and excavation conditions along the sections of the alignment anticipated to be underlain by shallow rock.
SCOPE OF SERVICES
Based on our understanding of the project, we propose the following scope of services:
• Acquiring a traffic control permit from the City of Lake Elsinore Engineering Department. Fees associated with the permit will be waived.
Ninyo & Moore | Camino Del Norte Sewer Extension, Lake Elsinore, California | 109554001 | March 23, 2023 2 • Preparing and implementing a Traffic Control Plan to be approved by the City of Lake Elsinore. • Performing a geophysical survey consisting of series of three seismic refraction lines along an approximately 675-foot-long portion of Camino del Norte anticipated to be underlain by shallow granitic rock. The lines will be up to approximately 230 feet long and will be performed within the dirt road shoulder.
• Compiling and analyzing data obtained from our geotechnical evaluation and seismic refractions surveys.
• Preparing a supplemental letter report providing the findings of our geophysical evaluation. The illustrated letter report will include profiles of the surveyed road sections. Recommendations regarding rippability and excavatability along the project alignment will be provided.
ASSUMPTIONS
In preparation of this proposal, we have made the following assumptions:
• We assume that our seismic refraction surveys will be performed during normal work hours, Monday through Friday, 7:00 am to 5:00 pm.
• The project is subject to California Prevailing Wage Rates with regard to our traffic control subcontractor.
• Upon award of the project, the client will provide in writing the Depart of Industrial Relations (DIR) Project ID for the purposes of electronic certified payroll reporting (eCPR) and labor compliance.
FEE
Our fee to perform the geotechnical evaluation services described above will be invoiced on a lump sum basis in the amount of $19,000 (Nineteen Thousand Dollars). Additional services, beyond those described herein, if requested, will be performed on a lump sum or time-and-materials basis, as appropriate.
SCHEDULE
We are prepared to begin our services immediately upon receiving your authorization to proceed.
Following receipt of the traffic control permit, and assuming no delays due to inclement weather, scheduling of the field work is anticipated to take approximately two weeks. Field work associated with the seismic refraction surveys is anticipated to take one day to perform. The supplemental geophysical evaluation report will be completed approximately three weeks after performance of the field work. Verbal progress reports can be provided during the course of our evaluation, if requested.
Ninyo & Moore | Camino Del Norte Sewer Extension, Lake Elsinore, California | 109554001 | March 23, 2023 3 If this proposal meets with your approval, please forward your contract documents as notification for us to proceed with this work. We appreciate the opportunity to submit this proposal and look forward to continue working with you on this project.
Respectfully submitted,
NINYO & MOORE
Nissa M. Morton, PG, CEG
Senior Project Geologist
Gregory T. Farrand, PG, CEG
Principal Geologist
NMM/ZH/GTF/mp
Camino Del Norte Sewer Extension Agreement Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Ardurra Group, Inc.
Camino Del Norte Sewer Extension
This Agreement for Professional Services (the “Agreement”) is made and entered into as of October 11, 2022, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Ardurra Group, Inc., a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Civil Engineering Design Services
B. Consultant has submitted to City a proposal, dated September 16, 2022, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated 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 terms 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) specified may be approved in writing by the City Manager.
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c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed One Hundred Nineteen Thousand, One Hundred Seventy-Nine dollars ($119,179) without additional written authorization from the City. Notwithstanding any provision of Consultant’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. Consultant 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. Consultant’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 Consultant provides services. Consultant’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 Consultant 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 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 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 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.
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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, 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 thirdparty 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 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 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 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 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 Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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 final payment to Consultant to this Agreement.
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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 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 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 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 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 3353. 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 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 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 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. Consultant (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 covered DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3
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 with 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 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. 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.
15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3
by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
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. Consultant 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 Compensation Insurance in a form approved by the City Attorney.
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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 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. 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 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. 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 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 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.
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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, 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: Ardurra Group, Inc.
Attn: Amy Czajkowski
41593 Winchester Road, Suite 110
Temecula, CA 92590
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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 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. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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.
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3
24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
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.
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. 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 extensions of time; (c) nonmonetary 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.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
Ardurra Group, Inc., a Corporation
By: Amy Czajkowski
Its: Principal In Charge
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
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10/15/2022 | 10:27 AM PDT
10/15/2022 | 11:10 AM PDT
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EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 C A M I N O D E L N O R T E S E W E R E X T E N S I O N | C I P Z 3 0 016 City of Lake Elsinore 1
RE: CAMINO DEL NORTE SEWER EXTENSION
Dear Carlos Norvani, LEED AP:
Ardurra has reviewed the subject Request for Proposal (RFP) and associated documents and is pleased to submit this proposal for engineering design services to the City of Lake Elsinore. The Ardurra team is ideally suited to provide professional services to assist the City and we offer the following:
EXPERIENCE. The design team will be led by Ms. Amy Czajkowski, PE, CCM as Principal-in-Charge, and Ms. Jamie Fagnant, PE, QSD as Project Manager. The Ardurra team understands the standards of both the City of Elsinore, and Elsinore Municipal Water District. Our team is known regionally for our excellent communication, sound engineering design, and unmatched dedication to our client’s goals. Ms. Czajkowski and Ms. Fagnant have developed a strong working relationships in the region and we are eager to put our technical expertise, local knowledge, and unmatched dedication to work to make this project a success.
TEAM. Our project team has a proven track record of delivering successful projects. Mr.
Gregory Farrand, of Ninyo & Moore, has years of providing Geotechnical investigations and reports in support of pipeline projects and has specific local knowledge of the recent developments and fill materials within the project area. Mr. Brian Fox with Cozad & Fox, Inc. is experienced in working within the City’s jurisdiction and is familiar with the City’s standards for survey. Underground Solutions will provide vacuum based potholing for safe and precise potholing, and is intimately familiar with City of Elsinore right of way permitting in order to minimize impact of potholing to the schedule. Our staff and subconsultants are experienced at working as an integrated multidisciplinary team and is poised to deliver a successful design for the El Camino Del Norte Sewer Extension.
Thank you for your consideration and please feel free to contact me if you should have any questions.
Sincerely,
Jamie Fagnant, PE, QSD Amy Czajkowski, PE, CCM
Project Manager Principal-in-Charge
[email protected] [email protected]
858.842.6992 760.518.6266
41593 WINCHESTER ROAD,
SUITE 110
TEMECULA, CA 92590
ARDURRA.COM
02 FIRM’S EXPERIENCE
06 PROJECT TEAM
09 UNDERSTANDING
& SCOPE
12 SCHEDULE
13 FEE
COVER LETTER
September 16, 2022
CITY OF LAKE
ELSINORE
130 SOUTH MAIN ST.
LAKE ELSINORE, CA 92530
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 C A M I N O D E L N O R T E S E W E R E X T E N S I O N | C I P Z 3 0 016 City of Lake Elsinore 2
MESA GARRISON SEWER
EMERGENCY REPAIR
City of Oceanside
The Mesa Garrison gravity sewer conveys 5 MGD through a 24” ductile iron pipeline construction in 1971 to the City’s San Luis Rey Wastewater Treatment Facility. In August of 2015, the pipeline experienced a catastrophic failure due to crown corrosion. Ardurra prepared emergency plans and specifications to install approximately 800 feet of 18” HDPE via sliplining through the existing pipeline within a deep utility tunnel and an additional approximately 1200 feet of cured in place pipe lining. The project was performed round the clock for 4 months until the 24” repair was completed, and normal flow reintroduced.
KEY PROJECT COMPONENTS
Developed bypassing plan for the 5 MGD gravity sewer in order to perform the repairs.
Developed Shoring System for 45-foot-deep sewer to go under SDG&E high voltage lines.
Developed plan to protect-in-place, remove, and/or relocate nine (9) other utilities through the same utility corridor in order to repair sewer. This included stabilizing of the 24-inch land outfall within this trench since it is at the same invert as the 24-inch gravity line.
Locating the failed location of sewer line 45 feet deep, realizing a 45-deg bend had been installed, not a manhole, and CCTV video showed blockage in the line on both sides of the bend.
Obtained all of the permits from OSHA, Traffic Control Department, NCTD, RWQCB and OSHA Mining and Tunneling Classification.
Based on Geotechnical investigations, potential for methane gas was present, thus classified as “potentially gassy”, and requiring OSHA Mining and Tunneling approval and consistent safety inspection throughout the duration of construction.
PROJECT
SPECIFICATIONS
Reference:
City of Oceanside
Jason Dafforn, PE*
951.434.4708
*former City of Oceanside Water
Utilities Director, now with Elsinore
Valley MWD
Project Dates:
August 2015 — October 2015
Project Value:
$3,200,000
“...This project would not have been completed in five months without the careful and quick thinking efforts of the Project Team. This team completed the project with no injuries or incidents. The project was carefully managed on a time and materials basis that ultimately resulted in a cost advantage to the City...The City Council was please with the final product and the timely completion.” – Mr. Jason Dafforn, PE
FIRM’S EXPERIENCE
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 C A M I N O D E L N O R T E S E W E R E X T E N S I O N | C I P Z 3 0 016 City of Lake Elsinore 3
AS NEEDED ENGINEERING
DESIGN SERVICES
Leucadia Wastewater District
As a prime consultant, Ardurra has provided as-needed engineering services on a task order delivery basis to the Leucadia Wastewater District (District) since 2006. Services have encompassed a wide variety of tasks to support all aspects of the District’s Capital and Operational needs including planning and hydraulic modeling, Geographical Information System (GIS) support services, flow monitoring, engineering design, cost estimating, plan preparation, office engineering during construction, and construction inspection. The following list includes highlights of the several task orders Ardurra has completed for the District:
FY 21 Gravity Line Rehabilitation | $343,000 – 6,600 lf CIPPL FY 20 Gravity Line Rehabilitation |$1,300,000 – Replace 12 clean outs with new manholes, 955 lf of CIPPL, 4 point repairs
FY 18 District-Wide Cured-in-Place Pipe Lining | $700,000 – Over 7,000 lf CIPPL, 16 cured-in-place manhole linings, two epoxy manhole liners, several excavated point repairs
FY 17 Gravity Line Rehabilitation | $938,000 – 2,468 lf cured in place pipe lining, 6 cured in place manhole liners, 3 epoxy manhole rehabilitations Lanikai Trunk Sewer Rehabilitation | $235,000 – Design of a cured-in-place pipe liner through North County Transit District (NCTD) right of way for a 21- inch vitrified clay trunk sewer. Cured-in-place pipe lining included analysis and inclusion of Cooper E80 rail loading on the fully structural pipe rehabilitation.
Project challenges included detailing a conceptual bypass plan for bypassing the trunk sewer to the other side of the NCTD railway.
La Costa Golf Course Gravity Line Improvements |$18,700 – Feasibility, preliminary design and final design of sewer improvements to mitigate infiltration in an existing gravity sewer. The project ultimately consisted of approximately 100 linear feet of gravity sewer relocation on private property and abandonment in place of the existing gravity sewer. FY 16 Gravity Line Rehabilitation | $284,000 – 3,131 lf CIPPL, one cured-inplace manhole liner, three sag repairs Scott’s Valley Sewer Rehabilitation | $350,000 – Rehabilitation of three manholes via cured-in-place manhole lining, 678 lf of 15” cured-in-place pipe lining, sewer bypassing for cured-in-place pipe lining, six manholes rehabilitated via epoxy manhole lining
FY 15 Gravity Line Rehabilitation | $653,000 – 2,829 lf cured-in-place pipe lining, one manhole rehabilitation, replacement in place of 916 lf 8” gravity main, two excavated gravity sewer repairs
Asset Management Plan Implementation Phase I | $70,000 – Prioritization and assessment of the District’s gravity sewers and pump stations. Included review of CCTV tapes for the critical portions of the system and support services for cured in place pipe lining of failed sections.
Gravity Line Rehabilitation | $342,000 – 2,822 lf cured-in-place pipe lining, sag repairs, 7 manhole liners, and 5 CIPPL point repairs
PROJECT
SPECIFICATIONS
Reference:
Leucadia Wastewater District
Robin Morishita
760.753.0155 X3007
Project Dates:
2006 — Present
Project Value:
$25,000,000
FIRM’S EXPERIENCE
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 C A M I N O D E L N O R T E S E W E R E X T E N S I O N | C I P Z 3 0 016 City of Lake Elsinore 4
ROCKS SPRINGS SEWER
Vallecitos Water District
The existing gravity sewer system within the general project area had been subject to periodic surcharging, particularly a reach of sewer that traversed an existing green belt surrounded by residences. Ardurra was retained by the Vallecitos Water District to prepare a planning and alignment alternatives study, followed by the design PS&E and preparation of environmental documents for CEQA compliance. The final project is comprised of 2,700 ft of 12”-15” gravity sewer alignment to replace an existing 8” sewer, cured-in-place pipe lining of 300 ft of 8” gravity sewer, new and rehabilitated manholes, improved access paths for sewer system operators, and improvements to the HOA greenbelt hardscape and landscaping.
The Planning Study entailed preliminary hydraulic modeling to evaluate required pipe size and flow, a limited geotechnical investigation, and development of several alignment alternatives to relocate the pipe out of the green belt and private properties. Seven alternatives/sub-alternatives were developed and evaluated for advantages/disadvantages, constructability, geotechnical concerns, easement and property requirements, and costs. The recommended alternative called for upsizing the majority of the pipe along a parallel alignment (to relieve the surcharging problem) with re-alignment of certain pipe sections into the public right of way.
The District subsequently engaged Ardurra to prepare the design plans, specifications and bid documents. The plans include the abandonment of the sewer main traversing private properties, connections to existing sewer manholes, pavement reconstruction requirements, and traffic control. The pipe design included requirements for trenchless construction where segments of the new sewer pass under the existing creek. Ardurra provided permit compliance support for the State Water Resources Control Board for NPDES General Permit for Storm Water Discharges: Risk Assessment, Site Maps, SWPPP, and Water Pollution Control Drawings.
The Ardurra Team (via subconsultant Dudek) also prepared the environmental documents needed for CEQA compliance including Biological Resources Report, Noise Report, Hazardous Materials Memorandum, Cultural Resources Assessment, IS/MND, MMRP, NOI and NOD.
PROJECT
SPECIFICATIONS
Reference:
Vallecitos Water District
Lito Santos, PE
760.744.0460 ext. 370
[email protected]
Project Dates:
2010 — 2016
Project Value:
$2,000,000
FIRM’S EXPERIENCE
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 C A M I N O D E L N O R T E S E W E R E X T E N S I O N | C I P Z 3 0 016 City of Lake Elsinore 5
FIRM’S EXPERIENCE
ADDITIONAL EXPERIENCE
Our pipeline experience encompasses sizes up to 54-inch diameter and all pipe types including commonly used PVC and CIPP, as well as materials for special applications such as fusible PVC and HDPE. Our services have spanned hydraulic analyses, alignment studies, preliminary and final design, and construction support. The following table highlights some of our pipeline projects and their respective types and sizes:
SEWER PIPELINES
PROJECT/AGENCY DESCRIPTION
SEWER REPLACEMENT FOR NEVADA AVENUE AND BODGER STREET AREA | CITY OF EL MONTE
Approx 4,000 lf 8” PVC sewer
1,500 lf 12” PVC sewer
Rehabilitation of several existing manholes
Relocation of over 100 sewer laterals to new sewer main OLIVENHAIN TRUNK SEWER IMPROVEMENTS | CITY OF ENCINITAS 2,800 lf 15” trunk sewer LA SALINA FORCE MAIN IMPROVEMENTS | CITY OF OCEANSIDE 18,000 lf 20” HDPE sewer force main BUENA VISTA FORCE MAIN REPLACEMENT | CITY OF OCEANSIDE 9,000 lf 24-inch PVC Auger bore & microtunnel
CONDITION ASSESSMENT AND SEWER IMPROVEMENTS | CITY OF OCEANSIDE 17,000 lf 24-inch sewer 12,000 lf 42-inch force main
MYERS/TAIT STREET SEWER REPLACEMENT PROJECT | CITY OF OCEANSIDE 2,120 lf 16-inch CIPP sewer
1,077 lf 30-inch PVC sewer
3,200 lf 27-inch PVC sewer
DISTRICT 3 & 4 SEWER MAIN REPLACEMENT | CITY OF POMONA 10,000 lf 12”-15” VCP sewer OAK KNOLL TRUNK SEWER REPLACEMENT | CITY OF POWAY 5,500 lf 27-inch PVC B2/B3 FORCEMAIN | LEUCADIA WASTEWATER DISTRICT 2,600 lf 24” PVC sewer 1,400 lf 14” PVC sewer
BATIQUITOS INLET SEWER | LEUCADIA WASTEWATER DISTRICT 900 lf 21-inch/24-inch PVC FORCE MAIN REPLACEMENT | LEUCADIA WASTEWATER DISTRICT 9,000 lf 6”/10” PVC sewer DISCOVERY STREET SEWER REPLACEMENT | VALLECITOS WATER DISTRICT 4,000 lf 12”/15” gravity sewer LAND OUTFALL SLIPLINING UNDER I-5* | VALLECITOS WATER DISTRICT 800 lf 54-inch DIP gravity sewer *Award Winning Project
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 C A M I N O D E L N O R T E S E W E R E X T E N S I O N | C I P Z 3 0 016 City of Lake Elsinore 6
PROJECT MANAGER
Jamie Fagnant, PE, QSD
ARDURRA
QA/QC
Dolores Salgado, PE
ARDURRA
PIC/CONSTRUCTABILITY
Amy Czajkowski, PE, CCM
ARDURRA
ORGANIZATIONAL CHART
Ardurra’s proposed team for the City of Lake Elsinore’s Camino Del Norte Sewer Extension Project has the resources, capabilities, and commitment to deliver a successful project. The team, under the leadership of Jamie Fagnant, PE, QSD, as Project Manager, is well prepared to deliver a project on-time and within budget. Supporting Ms. Fagnant are Amy Czajkowski, PE, CCM and Dolores Salgado, PE as Principal-in-Charge and QA/QC Review, respectively. The organization chart to below depicts the roles and reporting structure for key staff available for the contract.
PROJECT TEAM
DESIGN SUPPORT TEAM
DESIGN ENGINEERS
Viet Vo, EIT
ARDURRA
Alejandra Silva
ARDURRA
SUBCONSULTANTS
Geotechnical
NINYO & MOORE
Survey
COZAD & FOX
Potholing
USI
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 C A M I N O D E L N O R T E S E W E R E X T E N S I O N | C I P Z 3 0 016 City of Lake Elsinore 7
JAMIE FAGNANT, PE, QSD
PROJECT MANAGER
Ms. Fagnant has been working in the water and wastewater field for 18 years and has extensive experience and a specific expertise in sewer design and rehabilitation. Ms. Fagnant has experience working with Cities, Water and Sewer Districts in the San Diego region and has a thorough understanding of industry standard design guidelines for the design and rehabilitation of sewers as well as a working knowledge of standard specifications and drawings for various agencies throughout San Diego County. Ms. Fagnant is very active in the engineering community, and served on the board of the San Diego Chapter WateReuse Association for seven years in various positions.
RELEVANT EXPERIENCE:
Rock Springs Sewer Project, Vallecitos Water District – Project Engineer to prepare a planning and alignment alternatives study, followed by the design PS&E and preparation of environmental documents for CEQA compliance. The final project is comprised of 2,700 ft of 12”-15” gravity sewer alignment to replace an existing 8” sewer, cured-in-place pipe lining of 300 ft of 8” gravity sewer, new and rehabilitated manholes, improved access paths for sewer system operators, and improvements to the HOA greenbelt hardscape and landscaping.
City of Lemon Grove Sewer Rehabilitation and Upsizing, City of Lemon Grove – Project Engineer for the design of 3,480 lf of 8-inch curedin-place pipe liner and upsizing of 4,942 lf of 6” and 8” sewer to 8” and 10”, respectively.
FY16 Gravity Sewer Main Repairs, Leucadia Wastewater District – Project Engineer for the design of 3,131 linear feet of cured-in-place pipe lining, installation of a cured-in-place manhole liner and three sag repairs. Project also included the emergency installation of a 355 linear foot cured-in-place pipe liner for a badly corroded 10” cast iron gravity sewer on an expedited design basis.
Lanikai Trunk Sewer Rehabilitation, Leucadia Wastewater District – Project engineer for the design of a cured-in-place pipe liner through North County Transit District right of way for a 21 inch vitrified clay trunk sewer.
Cured-in-place pipe lining included analysis and inclusion of Cooper E80 rail loading on the fully structural pipe rehabilitation. Project challenges included detailing a conceptual bypass plan for bypassing the trunk sewer to the other side of the NCTD railway.
Leucadia Scenic Cured-in-Place Pipe Lining, Leucadia Wastewater District – Project Engineer for the design of 2,018 linear feet of cured-in-place pipe lining in existing 12” gravity sewer. Project included obtaining Caltrans encroachment permit.
Scott’s Valley Sewer Rehabilitation, Leucadia Wastewater District – Project Engineer for the design of 678 linear feet of cured-in-place pipe lining in existing 18” sewer, installation of four cured-in-place manhole liners, rehabilitation of seven sewer manholes by epoxy lining, development of a conceptual bypass and access plan in a sensitive environmental habitat.
PROFESSIONAL
REGISTRATION
Registered Professional
Engineer
California No. C78967
EDUCATION
San Diego State University
B.S. Civil Engineering, 2006
CERTIFICATIONS
California Board of
Professional Engineers, Land
Surveyors and Geologists
(CBPELSG) Qualified
SWPPP Developer (QSD)
Certification #C78967
AFFILIATIONS
American Society of Civil
Engineers Chi Epsilon, Civil
Engineering Honor Society
WateReuse Association, San
Diego Chapter, Director of
Public Outreach
SOFTWARE
Primavera® P6 Project
Management
PROJECT TEAM
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PROJECT TEAM
Olivenhain Trunk Sewer Improvements Project, City of Encinitas – Project Engineer. The project addressed existing maintenance issues, improve system reliability, and provide better protection for water quality and habitat values in Escondido Creek and San Elijo Lagoon. Specific objectives included: rehabilitating 54 existing sewer manholes to reduce I&I, relocating 2,800 lf of the upper OTS out of the Escondido Creek floodplain and increasing its capacity to meet currently projected system needs, and providing environmentally appropriate access for maintenance vehicles along the remainder of the OTS. Project is currently in design.
V2/V6 Planning & Alignment Study, City of Vista – Project Engineer. This project proposed to upsize approximately 3,389 feet of existing 12”-33” sewer to 15”-42” and 1,289 feet of existing 10” to 15”. The upsizing included a new trenchless crossing of state route 78. Ardurra teamed with Brierley & Associates to complete a planning study assessing project hydraulics, identifying traffic and environmental impacts, and investigating the feasibility of trenchless construction for the sewer upsizing.
Condition Assessment of the Land Outfall, Gravity Main and Force Main, City of Oceanside – Condition Assessment Project Manager. Working closely with Arcadis, the project included condition assessment and related capital improvement projects for the City’s 24” Land Outfall, 24” Gravity Line and 42” Force Main. Selected condition assessment technologies include a variety of external and internal thickness testing tools.
L1 West Side Sewer Force Main Replacement, Leucadia Wastewater District – Project Engineer for the design of 2,594 linear feet of 24” sewer force main replacement and associated appurtenances. Project included obtaining permits from multiple agencies including Caltrans, North County Transit District and the City of Encinitas. Project included installation of flexible expansion joints on the existing ductile iron bridge crossing.
B1/B2 Sewer Force Main Replacement, Leucadia Wastewater District – Project Engineer for the design of 8,527 linear feet of 24” sewer force main and 14” secondary effluent force main. Ms. Fagnant also supported Ardurra’s environmental department to prepare a Mitigated Negative Declaration for the project. Mitigation measures from the MND were incorporated into the contract documents.
FY15 Gravity Sewer Main Repairs, Leucadia Wastewater District – Project Engineer for the design of 2,272 linear feet of cured-In-place pipe lining, two cured-In-place manhole liners, two sag repairs and two cured-In-place pipe patch rehabilitations.
Recycled Water Line Creek Crossing, Leucadia Wastewater District – Project Engineer for the design of a 330 linear foot crossing of San Marcos Creek via horizontal directional drilling for a replacement 12” recycled waterline with fusible PVC. Project also included installation of an isolation valve via the use of a linestop and replacement of an isolation valve and installation of a blow off on the District’s Gafner Water Reclamation Facility site. Project challenges included timing construction to coincide with the closure of the Omni La Costa Golf Course and specific contract requirements to limit damage to the fairway and install replacement turf.
Industry Road Trunk Sewer Replacement, County of San Diego – Project Engineer for the design of 325 linear feet of 8” gravity sewer, 92 linear feet of 21” gravity sewer, and 2,464 linear feet of 18” gravity sewer.
South Oceanside Waterline Replacement & Sewer Upsizing, City of Oceanside – Project Engineer for the design of 7,400 lf of replacement water distribution main and 2,771 lf of sewer upsizing to 8-inch, with 4 manhole rehabilitations and 8 manhole replacements, within residential areas of south Oceanside. The project encompassed evaluation of replace in place versus parallel alignments as well as re-routing of several existing water services in order to eliminate a problematic alley main. Final contract documents have been submitted.
L1 Sewer Force Main Destructive Testing, Leucadia Wastewater District – As Project Engineer, Ms. Fagnant analyzed the dual 24” sewer force main system to assess the feasibility of utilizing a non-destructive free swimming inspection tool.
L1 Sewer Force Main Non-Destructive Testing, Leucadia Wastewater District – As Project Engineer Ms. Fagnant developed contract documents for removal of a ten foot section of existing 24-inch ductile iron force main. Ms. Fagnant provided recommendations for repair based on inspection of the force main section and available CCTV inspection of the upstream and downstream sections of the pipe adjacent to the destructive testing location.
JAMIE FAGNANT, PE, QSD
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 C A M I N O D E L N O R T E S E W E R E X T E N S I O N | C I P Z 3 0 016 City of Lake Elsinore 9
PROJECT UNDERSTANDING
The City of Elsinore is proposing to install approximately 1,225 linear feet of the new 8-inch diameter polyvinyl chloride pipe (PVC) sewer. The Elsinore Valley Municipal Water District (District) would provide oversight of the design review process. Design and construction standards for new sewers will comply with the District’s requirements. The sewer would extend easterly from an existing sewer manhole located 380 feet southeast of the Main Street and Camino Del Norte intersection. We have reviewed the information provided with the Request for Proposal (RFP) and the associated record drawing and have developed our scope and approach to be responsive to the provided RFP.
SUMMARY OF THE PROPOSED PIPELINE
1. Pipe size: 8-inch diameter
2. Permanent Easement width: none, within existing right-of-way
3. Existing cover: ranges between 8-feet below ground surface to 9-feet bgs
4. Length: 1,225 linear feet
5. Material: PVC
6. Jurisdiction: City of Lake Elsinore
APPROACH
Ardurra values our relationships with the City of Elsinore and Elsinore Valley Municipal Water District and appreciates the opportunity to propose on this project. We understand the importance of completing capital improvement projects on budget and on schedule and we have prepared this proposal and associated staffing levels with the highest priority in consideration of the City’s and District’s goals and objectives.
TECHNICAL APPROACH
The first step in providing the City with the best, most cost-effective alignment option, will be to evaluate the site constraints.
Initiating the data collection process, including the geotechnical investigations, surveying and mapping immediately upon Notice to Proceed will accelerate the project schedule. Our comprehensive utility research and mapping practices will begin immediately and our thorough utility documentation will continue throughout design. By conducting these investigations early on, we can quickly identify and provide design solutions to provide the most cost effective vertical and horizontal alignment.
Optimization of the Pipeline Design: The 8-inch diameter sewer will be designed not only for minimum cover over the pipeline, but with consideration of the potential for future water crossings and parallel alignment. For new sewer construction it is imperative to include potholing of existing utilities that cross the proposed alignment to minimize the potential for change orders during construction. We have included Underground Solutions on our team who have experience obtaining timely encroachment permits from the City of Elsinore, critical to streamlining the potholing process and keeping the project on schedule.
PROJECT
UNDERSTANDING
& SCOPE OF
WORK
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 C A M I N O D E L N O R T E S E W E R E X T E N S I O N | C I P Z 3 0 016 City of Lake Elsinore 10
PROJECT UNDERSTANDING & SCOPE OF WORK
Hydraulic Verification: During preliminary design, Ardurra will verify the flow depth and dry weather cleansing velocity for the new 8-inch diameter sewer. The evaluation will be limited to calculating the new pipeline velocities using the existing wet and dry weather maximum daily flows provided by the District.
Pipeline Materials: The City and District has assumed the use of PVC pipe material for the project. Gravity PVC pipe material is typically used for new sewer installations between 5’ and 15’ in depth. Occasionally, alternate pipeline materials are considered due to depth or to satisfy “upgraded material” requirements where the sewer is located within 10-feet of a potable waterline. Ardurra will identify the potential for alternate pipe materials during preliminary design.
Division of Drinking Water (DDW): Existing potable waterlines will be identified within the project corridor. The design will include Title 22 requirements to maintain 10-foot clearance between the new sewer line and existing potable water lines. In the event this minimum clearance cannot be met due to site conditions, Ardurra will assist the City and District in submitting for a waiver from DDW.
UTILITY RESEARCH APPROACH
Utility research and plotting is a critical component of project success. Ardurra will perform utility research and obtain up to date maps at the beginning of design to accurately plot existing utilities. The confidence in the location of the existing utilities is accomplished by strictly adhering to Ardurra’s established utility research procedure. Central to our technical approach to any underground or pipeline project is a time-tested, methodical, and detailed utility research and plotting procedure that provides for a high level of confidence with respect to the locations of subsurface utilities. Our data collection and plotting efforts will include in house checklists designed to capture available utility data and provide redundancy to ensure no utilities slip through the cracks. This procedure will be discussed and included as a part of Ardurra’s Quality Assurance Plan for the project. Ardurra has designed hundreds of miles of pipeline using these utility research procedures and has an excellent track record of avoiding conflicts with existing utilities.
PROJECT MANAGEMENT AND ADMINISTRATION APPROACH
Key to the success of a well-executed pipeline project is effective project management. Ardurra’s management approach is designed to accomplish two ends:
to ensure vigilant and proactive management of budget, schedule, and work quality to make it easy for the City to manage Ardurra
Achieving these goals depends equally on having proven project management procedures in place and diligently executed, and on our 100% commitment to listen actively and understand the City’s goals and objectives for this project, focus our work activities accordingly, and deliver on the City’s expectations. Ardurra’s project management approach provides well-structured procedures to plan, execute, and track the work while communicating effectively within the team, with the City and with the project stakeholders.
QUALITY ANALYSIS/QUALITY CONTROL (QA/QC) APPROACH
Ardurra’s thorough and vetted QA/QC process ensures our projects will be reviewed for conformance to District Standards, good design practices, and constructability, that comments will be incorporated, and that QA/QC comments will be backchecked.
In addition, we include construction management and inspection professionals with specific knowledge in trenchless rehabilitation in our QA/QC team to perform a constructability review. This review is seamless with the QA/QC process and helps minimize change orders and keep the project on budget and on schedule.
ALL project deliverables will
be reviewed through Ardurra’s
interdepartmental QA/QC
process.
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 C A M I N O D E L N O R T E S E W E R E X T E N S I O N | C I P Z 3 0 016 City of Lake Elsinore 11
SCOPE OF WORK
Ardurra proposes the following exceptions to the scope of work as proposed in the Camino Del Norte Sewer Extension Request for Proposal.
Eliminate 30% design submittal. In lieu of a full design submittal the PDR will be completed with an figure documenting the proposed preferred alignment.
Revise Geotechnical borings to three, one at the beginning of the proposed alignment, one at the end, and one at the midway point (approximately every 600’).
Eliminate potholing. The area proposed for improvement is unimproved, and the proposed sewer is expected to be deep compared to dry utilities. If utilities are identified that need potholing during preliminary design Ardurra will make potholing recommendations and provide a scope and fee for potholing. Eliminate 60% submittal. The proposed project is expected to comprise two plan and profile sheets at 40 scale.
In addition, the District’s standards for basic sewer construction is well defined. Proceeding directly to 90% would streamline design cost and schedule while still allowing a robust design submittal approach.
PROJECT UNDERSTANDING & SCOPE OF WORK
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 CAMINO DEL NORTE SEWER EXTENSION | CIP Z30016
City of Lake Elsinore 12
ID Task Name Duration
1 PROJECT 135 days
2 Project NTP 0 days
3 Task 1 - Project Review 15 days
4 Task 2 - KO and Progress Meetings 0 days
5 KO Meeting 0 days
6 Task 4 - Surveying Services 45 days
7 Task 5 - Geotechnical 75 days
8 Draft Geotechnical Report 60 days
9 City/District Review 3 wks
10 Final Geotechnical Report 0 days
11 Task 3 - Preliminary Design and 30% Plans125 days
12 Data Collection 30 days
13 Utility Mapping 3 days
14 Draft PDR 4 wks
15 City/District Review/Progress Meeting 3 wks
16 Final PDR 3 wks
17 CEQA Initial Study 30 days
18 Task 8 - 90% Submittal 30 days
19 90% Submittal 3 wks
20 City/District Review/Progress Meeting 3 wks
21 90% Design Complete 0 days
22 Task 9 - Final Submittal 10 days
23 Final Submittal 2 wks
24 Design Phase Complete 0 days
10/4
10/4
KO Meeting
Task 4 - Surveying Services 12/8
Draft Geotechnical Report 1/4
City/District Review 1/25
Final Geotechnical Report 1/25
Data Collection 11/15
Utility Mapping 12/13
Draft PDR 1/11
City/District Review/Progress Meeting 2/1
Final PDR 2/22
CEQA Initial Study 4/5
90% Submittal 3/15
City/District Review/Progress Meeting 4/5
90% Design Complete 4/5
Final Submittal 4/19
Design Phase Complete 4/19
Oct Nov Dec Jan Feb Mar Apr
Qtr 4, 2022 Qtr 1, 2023 Qtr 2, 2023
PROJECT SCHEDULE
City of Lake Elsinore
Camino Del Norte Sewer Extension
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 CAMINO DEL NORTE SEWER EXTENSION | CIP Z30016
City of Lake Elsinore 13
Principal QA/QC Project
Manager Engineer II Admin
A.
Czajkowski D. Salgado J. Fagnant A. Silva H. Hook
$290 $250 $240 $160 $105
TASK 1 PROJECT REVIEW $2,210
1.1 General 4 4 $960 $960
1.2 Permits 2 2 $480 $480
1.3 Environmental 1 2 3 $770 $770
TASK 2 KICK‐OFF AND PROGRESS MEETINGS $4,330
Kick‐Off Meeting 1 1 2 4 $1,020 $250 $1,270
Progress Meetings (3 total) 3 3 6 12 $3,060 $3,060
TASK 3 PRELIMINARY DESIGN AND 30% PLANS $12,680
Data Collection 4 16 20 $2,320 $2,320
Utility Mapping 10 10 $1,600 $1,600
Pipe Materials Options 2 4 6 $1,120 $1,120
Draft PDR 4 16 4 24 $3,940 $200 $4,140
Final PDR 4 12 4 20 $3,300 $200 $3,500
TASK 4 SURVEYING SERVICES $15,894
Surveying and Mapping 2 2 $480 $14,680 $15,414 $15,894
TASK 5 GEOTECHNICAL $28,925
Geotechnical Investigations (7 total) 2 2 $480 $200 $26,900 $28,245 $28,925 TASK 8 90% SUBMITTAL $14,300
Permit Coordination 2 12 14 $2,400 $2,400
Plans (2 plan/profile sheets) 1 8 20 29 $5,410 $5,410
Technical Specifications 1 10 8 19 $3,530 $3,530
Cost Estimate 2 4 6 $1,120 $1,120
Calculations 4 4 $640 $640
Deliverable 2 4 6 $900 $300 $1,200
TASK 9 FINAL SUBMITTAL $10,540
Plans (2 plan/profile sheets) 1 8 16 25 $4,770 $4,770
Technical Specifications 1 8 8 17 $3,050 $3,050
Cost Estimate 1 4 5 $880 $880
Calculations 4 4 $640 $640
Deliverable 2 4 6 $900 $300 $1,200
TASK 10 BIDDING SERVICES $1,250
Pre‐Bid Meeting 1 2 3 $770 $770
RFIs (3 total) $0 $0
Addenda (1 total) 1 1 $240 $240
Conformed Set 1 1 $240 $240
TASK 11 RECORD DRAWINGS $2,970
Prepare record drawings 16 16 $2,560 $2,560
Deliverable 2 2 $210 $200 $410
TASK 12 ENGINEERING SERVICES DURING CONSTRUCTION $12,670 Preconstruction meeting 1 2 3 $770 $200 $970
Submittals (30 total) 30 12 42 $6,060 $6,060
Construction progress meetings (4 total) 4 4 8 $2,120 $2,120 Change orders (2 total) 2 4 6 $1,120 $1,120
Request for Information 2 12 14 $2,400 $2,400
TASK 13 QA/QC AND PROJECT ADMINISTRATION $13,410
QA/QC 4 16 8 28 $7,080 $7,080
Response to Comments 4 2 6 $1,170 $1,170
Monthly Progress Reports 4 4 $960 $960
Project Schedule 4 4 $960 $960
Billing and Invoicing 10 8 18 $3,240 $3,240
Subtotal Hours 19 20 117 172 72 400
Subtotal Fee $5,510 $5,000 $28,080 $27,520 $7,560 $73,670 $1,850 $14,680 $0 $26,900 $43,659 $119,179 $119,179
Task/
Subtask
Subtask
Labor Hours
Subtask
Labor Cost Task/Subtask Description
Subcontractor
Survey
Cozad & Fox
TOTAL NOT‐TO‐EXCEED FEE:
Direct
Cost
Total
Subcontract
incl 5% MU
Total
Cost
Subcontractor
Geotechnical
Ninyo &
Moore
Subcontractor
Utility
Potholing
USI
FEE SCHEDULE
CITY OF LAKE ELSINORE
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
9/29/2022
(703) 827-2277 (703) 827-2279
20508
Ardurra Group, Inc.
4921 Memorial Highway
Suite 300
Tampa, FL 33634
20478
35289
20079
A 1,000,000
6075640222 1/1/2022 1/1/2023 1,000,000
Contractual Liab. 15,000
1,000,000
2,000,000
2,000,000
B 1,000,000
6075640236 1/1/2022 1/1/2023
C 15,000,000
6075640270 1/1/2022 1/1/2023 15,000,000
10,000
C
6075640253 1/1/2022 1/1/2023 1,000,000 N 1,000,000
1,000,000
D Professional Liab. 42-EPP-306878-04 1/1/2022 Per Claim/Aggregate 2,000,000 RE: ALL PROJECTS/OPERATIONS
The City of Lake Elsinore, CA is included as additional insured with respect to General Liability, Automobile Liability, and Umbrella Liability when required by written contract. General Liability includes Additional Insured coverage for Completed Operations as required by written contract. General Liability, Automobile Liability, and Umbrella Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. General Liability, Automobile Liability, Workers Compensation, and Umbrella Liability policies include a waiver of subrogation in favor of the additional insureds where permissible by state law and when required by written contract. Umbrella Liability coverage sits excess over General Liability, Automobile Liability and Employers’ Liability coverage.
City of Lake Elsinore, CA
130 South Main Street
Lake Elsinore, CA 92530
ARDURRA-01 KGODWIN
Ames & Gough
8300 Greensboro Drive
Suite 980
McLean, VA 22102
[email protected]
Valley Forge Insurance Company A(XV)
National Fire Insurance Company of Hartford A(XV)
Continental Insurance Company A(XV)
National Fire & Marine Insurance Company
X
1/1/2023
X
X
X
X
X
X
X
X
DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3
CITY OF LAKE ELSINORE
TO BE POSTED IN A CONSPICUOUS PLACE
Business Name:
Business Location:
Owner Name(s):
BUSINESS LICENSE NO.
Issue Date:
Description:
Expiration Date:
BUSINESS LICENSE
THIS IS YOUR LICENSE • NOT TRANSFERABLE
14271 DANIELSON ST Business Type:
POWAY, CA 92064-8818
ARDURRA GROUP, INC.
4921 MEMORIAL HWY STE 300
TAMPA, FL 33634-7507
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
ARDURRA GROUP, INC.
.
CONSULTING SERVICES
PROVIDING ENGINEERING AND
CONSULTING SERVICES
027174
9/29/2022 9/30/2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ DocuSign Envelope ID: FD399DB8-D624-4D55-883C-AE9F3C92FEE3
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: May 23, 2023
Subject: Professional Services Agreement for Dry Utilities Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement for dry utilities with Monument ROW in an amount of $103,500 plus an additional 10% contingency in such final form as approved by the City Attorney.
Background
Approved by the City Council at a noticed public hearing on May 10, 2022, the City Hall project will involve the construction of a new 35,000 square feet administrative office and City Council chambers on the southeast corner of Main Street and Graham Avenue.
With the expansion and new building footprint of the new City Hall, utility poles and facilities are required to be relocated and undergrounded within in the alley. Buildings and homes within the project area have overhead services drops, for both electrical and communication lines, that will be required to be fed from the undergrounded utilities. The contract will authorize Monument to start dry utilities coordination related to power and communications for the City Hall Project.
Discussion
Monument ROW will provide dry utility coordination with each of the utility companies and act as a primary point of contact with the utility owners identified on the utility plans. Scope of work includes identifying all utility owners, prepare and send relocation claim letters, obtain relocation plans from utility owners, and draft and issue Notice to Owner to relocate. Due to impact to neighboring buildings, work will include electrical design to provide up to 20 individual services for new service panels.
City Hall Utility Undergrounding
Environmental Consideration
Approval of the Agreement for Professional Services for coordination of dry utilities relocation is in furtherance of implementing the City Hall project approved by the City Council on May 10, 2022.
Additionally, there is no substantial change to the project, no new circumstances under which the project will be developed, nor new information requiring additional analysis. Accordingly, no further environmental review is required.
Fiscal Impact
The Agreement for Professional Services will cost $103,500 plus an additional 10% contingency.
Funding has been budgeted in City CIP budget.
Attachments
Attachment 1 – Agreement
Exhibit A – Proposal
Attachment 2 – Project Map
AGREEMENT FOR PROFESSIONAL SERVICES
Monument
Dry Utility Coordination Consulting Services
This Agreement for Professional Services (the “Agreement”) is made and entered into as of May 23, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Monument ROW, a California Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Dry Utility Coordination Consulting Services
B. Consultant has submitted to City a proposal, dated March 2, 2023, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated 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 terms 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) specified may be approved in writing by the City Manager.
c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed One Hundred Three Thousand Five Hundred dollars ($103,500) without additional written authorization from the City. Notwithstanding any provision of Consultant’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. Consultant 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. Consultant’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 Consultant provides services. Consultant’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 Consultant 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 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 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 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, 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 thirdparty 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 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 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 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 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 Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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 final 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 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 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 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 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 3353. 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 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 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 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. Consultant (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 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 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 with 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 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. 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.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and all of its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, damages, claims, suits, actions, costs and expenses including attorney’s fees, 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 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 obligation of Consultant 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 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. Consultant 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 Compensation 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 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. 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 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. 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 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 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, 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, 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: Monument
Attn: Amber Costello
200 Spectrum Center, Ste 300
Irvine, CA 92618
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 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. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
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.
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. 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 extensions of time; (c) nonmonetary 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]
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
Click or tap here to enter text.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
MONUMENT ROW, a California corporation
By: Amber Costello
Its: President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
May 2, 2023
Yu Tagai
Senior Civil Engineer
130 South Main Street
Lake Elsinore, CA 92530
RE: Lake Elsinore – Utility Underground Project Proposal to provide Dry Utility Coordination / Electrical Engineering
Dear Mr. Tagai,
Monument is pleased to present the City of Lake Elsinore with this proposal to provide dry utility coordination and electrical engineering design in connection with the City’s Undergrounding Project. This includes collecting as-builts from 8 utility owners within the project limits, and preparation of 20 individual electrical plans. Our firm looks forward to serving the City and is committed to providing the professional services required to complete the project.
PROJECT UNDERSTANDING:
The City of Lake Elsinore is preparing to underground all aerial utility facilities within the alleys behind City Hall.
Most of the buildings and homes within the project have overhead service drops (both electrical and communication) that will be required to be fed from underground. A couple of streetlights will also need to be underground fed as well as new electrical plans for each building being impacted.
SCOPE OF WORK:
Dry Utility Coordination
• Identify utility owners within the project limits
• Prepare introductory request for as-builts notices
• Obtain as-builts from 8 utility companies
• Act as primary point of contact with the utility owners identified on the utility plans. • Coordinate and plan meetings amongst the City, electrical engineer and utility companies as needed to discuss the project design, conflicts, relocation alternative and a plan to resolve the conflict (estimate 20 meetings)
• Review and verify with City engineer which facilities are considered in conflict • Coordinate with City engineer for the preparation of the conflict matrix and conflict exhibits needed for each utility company whose facilities are in conflict • Prepare and send relocation claim letter to utility owners (estimate 5 letters) • Obtain relocation plans from utility owners
• Draft and issue Notice To Owner to relocate (estimate 5 notices) Proposed Electrical Design for 20 Individual Services
• Assess existing site condition
• Prepare load calculations based on material list
• Prepare load schedule based NEC code
• Provide a single line diagram
• Prepare all electrical sets for permit and construction • Design according to NEC code
• Design new service panel cut sheet and EUSERC
• Coordinate though Building and Safety approvals
Optional - Construction Support
• Support GC / City with construction activities as needed • Assist with RFI’s requested by City and awarded bidder PROPOSED FEE:
Monument proposes to perform the requested utility consulting services described herein on an hourly basis (time and materials) for a not-to-exceed fee of $88,000 (without optional Construction Support) which will be billed monthly.
Scope Description Fee
Dry Utility Coordination
Proposed Electrical Design for 20 Individual Services
Total
*Optional – Construction Support
$22,000
$66,000
$88,000
$15,500
Monument appreciates the opportunity to be of service to the City of Lake Elsinore. We are committed to delivering the best service possible. Please don’t hesitate to contact me at (714) 348-1569 or [email protected] with any questions.
Sincerely,
Curtis Bibolet, SR/WA, R/W-AMC
Utility Manager
EXHIBIT C
PROJECT MAP
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: May 23, 2023
Subject: Kassab Travel Center Haul Route
Recommendation
Approve the request for the haul route including hours of operation for the Kassab Travel Center project and authorize the Mayor and City Manager to execute the haul route construction agreement.
Background
In August of 2010, the City Council passed Ordinance 1271. The ordinance requires all projects with transportation of earth materials in excess of 5,000 cubic yards to have their haul routes approved by City Council. Western States Construction, Inc. is requesting approval of a haul route to be used during the subject development’s import phase.
Discussion
Grading work will soon commence on the Kassab Travel Center project site. Import of material is required to elevate the site. Western States Construction, Inc. will import approximately 8,750 cubic yards of material and the borrow site will be within the unincorporated area of County of Riverside located specifically at the northeast corner of Central Avenue (State Route 74) and Conard Avenue. There will be one (1) haul route used for loaded and unloaded trucks at this site.
Travel from export site (loaded trucks)
• South on Conard Avenue
• West on Central Avenue (State Route 74)
• North on Collier Avenue (State Route 74)
• West on Riverside Drive (State Route 74)
Kassab Travel Center Haul Route
Return to export site (unloaded trucks)
• South on Collier Avenue (State Route 74)
• East on Central Avenue (State Route 74)
• North on Conard Avenue
The approved hours of work will be from 8:00 am to 4:00 pm, Monday through Friday, to minimize the impact on rush hour traffic. Once commenced, the import will continue for up to 15 trips per day for approximately 39 working days. Western States Construction, Inc. has provided a video log of the road condition of the haul route and posted a $5,000 cash deposit that is refundable upon the successful completion of hauling and cleanup activities.
Conditions for this hauling process are as follows:
1. Provide equipment in the form of a front-end load or two (2) skid steer loaders including operator, trailer and tow vehicle, street sweeper, and dump truck to respond within 30 minutes of any report spill along the haul route.
2. Distribute the haul route and hours of operations to all haul truck operators prior to hauling operations.
3. Provide ”Slow Trucks” signs at designated locations as approved by the City Engineer.
4. Provide a flagger to aid with traffic control at the entrance to the project site.
5. Provide dust control measures including water trucks at receiving locations.
6. Daily sweeping of all impacted roads at the discretion of the City Engineering Inspector.
7. Provide documentation that the trucks being used have passed CHP and/or DMV inspections within the past 12 months.
8. Violations of any of these conditions will result in the stoppage of work until such time that a Safety and Compliance meeting can be held with the City Engineering Inspector and City Engineer.
Fiscal Impact
Western States Construction, Inc., pursuant to plans and specifications, will be responsible for any damage occurring to the City streets, and has placed security with the City to guarantee such.
Attachments
Attachment 1 - Haul Route
Attachment 2 – Haul Route Questionnaire
Attachment 3 – Haul Route Agreement
HAUL ROUTE EXHIBIT
FROM: 18730 CONARD AVE. LAKE ELESINORE CA TO: 29301 RIVERSIDE DRIVE LAKE ELSINORE CA LEGEND: LOADED TRUCK ROUTE EMPTY TRUCK ROUTE
A
B
A B
18730 Conard Ave
Lake Elsinore, CA 92532
1. Head northwest on Conard Ave toward CA-74 E
2. Turn left at the 1st cross street onto CA-74
W/Central Ave
Pass by Valvoline Instant Oil Change (on the right in
0.4 mi)
3. Use the right 2 lanes to turn right onto Collier Ave
4. Turn left onto Riverside Dr
Destination will be on the right
29301 Riverside Dr
Lake Elsinore, CA 92530
20 ft
0.8 mi
0.5 mi
305 ft
18730 Conard Ave, Lake Elsinore, CA 92532 to 29301 Riverside Dr, Lake Elsinore, CA Drive 1.3 miles, 3–8 min 92530
Job Address:
Legal Description Tract/Parcel: Lot(s):
o Import: cubic yards o Export: cubic yards
From: To:
Loaded Truck Route:
Empty Truck Route:
Location of Staging Area:
Max Number of Trucks Staged:
Type of Truck: o Bottom Dump o 10 Wheeler Dump o 5-Axle o 18-Wheeler o Truck and Trailer
Total # of trips per day:
(a)
Total # of hauling days:
M T W Th F
check
Hours: From am To pm
Owner's Name: Phone:
Address:
Applicant's Name: Phone:
Address:
Hauling Contractor's Name: Phone:
Address:
Date
Proposed Hauling Days:
Total Export/Import:
Truck Capacity: Total of cy per day:
street name, onsite, etc
Applicant's Signature Print Name
address address
(a) x (b) = c
City of Lake Elsinore
Department of Public Works
Haul Route Questionnaire
cubic yards (b)
Must be completed for Import/Export over 2,500 cubic yards 130 S Main Street, Lake Elsinore, CA
951-674-3124 fax 951-674-8761
29301 Riverside Drive APN: 378-030-007 & 378-030-009 8750 18730 Conard Ave. Lake Elsinore CA 29301 Riverside Drive Lake Elsinore CA see attached map see attached map n/a 15 12-15 225 n/a 39 8750 cu yd 8 4 Ron Kassab Western States Construction Inc. 4887 E. La Palma Ave. Suite 707 Anaheim CA 92807 714-695-9300 Western States Construction Inc. 4887 E. La Palma Ave. Suite 707 Anaheim CA 92807 05/02/23 714-695-9300 Joseph Karaki ✔ ✔
✔
✔ ✔ ✔ ✔ ✔
Joseph Karaki
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: May 23, 2023
Subject: TR 28214-9 Alberhill Haul Route
Recommendation
Approve the request for the haul route, including hours of operation for Tract 28214-9 Alberhill residential development and approve and authorize the Mayor and City Manager to execute the haul route Agreement for Construction of Improvements.
Background
In August 2010, the City Council adopted Ordinance 1271. The Ordinance requires all projects with transportation of earth materials over 5,000 cubic yards to have their haul routes approved by the City Council. Pulte Home Company LLC (Pulte) requests approval of a haul route to be used during the subject development’s export phase.
Discussion
On October 25, 2022, City Council approved a haul route exporting 100,000 cubic yards of earthwork. Applicant only exported approximately 20,000 cubic yards out of the approved amount.
The haul route permit has expired on December 26th, 2022. The applicant has conveyed to staff that the recipient site/project has been unable to receive additional materials at the time the permit was active. Delays due to a very active rain season were also conveyed as a factor by the applicant.
The applicant is now able to resume hauling operations and export the remaining materials. Pulte Homes who is the builder at Alberhill Ranch intends to export approximately 80,000 cubic yards of material to the disposal site at the County of Riverside’s Clinton Keith Road Extension Project in Murrieta, CA. Contera Construction Company has contracted with Pulte to carry out the export operation. One (1) haul route will be used for loaded and unloaded trucks at this site. Mailer notifications to addresses within a three-hundred-foot radius as stipulated by the City Ordinance were sent out on May 11 by the applicant.
Alberhill Haul Route
Travel from Export Site (Loaded Trucks)
North on Terra Cotta
Right onto Nichols Road
Right onto Interstate 15
Exit Interstate 15 at Clinton Keith Road to Clinton Keith Road Extension project site Return to Export Site (Unloaded Trucks):
North onto Interstate 15
Exit Interstate 15 at Nichols Road
Left onto Nichols Road
Left onto Terra Cotta Road to the project site
The approved hours of work will be from 8:00 am to 4:00 pm, Monday thru Friday, to minimize the impact on rush hour traffic. Once commenced, the export will continue for up to 140 trips per day for approximately 41 working days. Contera Construction Company has provided a video log of the condition of the haul route before the start of work. Pulte posted a $5,000 cash deposit refundable upon completing hauling and cleanup activities.
Conditions for this hauling process are as follows:
1. Provide equipment in the form of a front-end load or two (2) skid steer loaders, including operator, trailer and tow vehicle, street sweeper, and dump truck, to respond within 30- minutes of any report spill along the haul route.
2. Distribute the haul route and hours of operations to all haul truck operators before hauling operations.
3. Provide “Slow Trucks” signs at designated locations as approved by the City Engineer.
4. Provide a flagman to aid with traffic control at the entrance to the project site.
5. Provide dust control measures, including water trucks at receiving locations.
6. Daily sweeping of all impacted roads at the discretion of the City Engineering Inspector.
7. Provide documentation that the trucks being used have passed CHP and/or DMV inspections within the past 12 months.
8. Violations of any of these conditions will result in the stoppage of work until a Safety and Compliance meeting can be held with the Inspector and City Engineer.
Fiscal Impact
Pulte will be responsible for any damage occurring to the City streets and has placed security with the City to guarantee such.
Alberhill Haul Route
Attachments
Attachment 1 - Haul Route Questionnaire
Exhibit A - Haul Route Exhibit
Attachment 2 - Haul Route Agreement
140 1,960 41
Project Name: TR 28214-9 ALBERHILL ROUGH GRADE / ALBERHILL RANCH Grading Permittee: Pulte Group / Matthew Matson
Trucking Contractor: Contera Construction Corporation / Jason Varela Proposed Route:
Exit Project—Right/North on Terra Cotta Rd
Right/East—Nichols Road
Right (South) - 15 Freeway to Bundy Canyon, east to Project in French Valley Return : Same Route / Reversed
Note: Haul will be exporting to Riverside County TLMA Clinton Keith Road Extension Project.
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: May 23, 2023
Subject: Professional Services Agreement with Wilson Mikami Corporation for SB 821 Bicycle and Pedestrian Facilities Program Projects
Recommendation
Approve and authorize the City Manager to execute a Professional Services Agreement with Wilson Mikami Corporation for design of the SB 821 Bicycle and Pedestrian Facilities Program Lakeshore Drive Sidewalk Improvement Project in the amount of $79,700 plus 10% in contingency in such final form approved by the City Attorney.
Background
Senate Bill (SB) 821 Bicycle and Pedestrian Program funds are administered by the Riverside County Transportation Commission (RCTC) and distributed to local agencies on a competitive basis. Two percent of the Local Transportation Fund revenue is made available each year for use on bicycle and pedestrian facility projects in Riverside County. SB 821 funds are available to local agencies to cover engineering expenses, right-of-way acquisition, and construction costs for bicycle and pedestrian facilities.
The City received confirmation from RCTC on February 9, 2022, that the original proposed Lakeshore Machado Sidewalk Improvement project was approved for funding. However, upon completion of the survey and preliminary design, the design team identified approximately 20 partial property takes and major utility relocation along the project’s corridor and intersection. This would severely increase the overall cost and schedule of the project, deeming it infeasible to move forward. To maintain SB 821 funding, the City staff has pivoted the project location and pursued a formal scope change request with RCTC. The scope request included increased benefits such longer lineal footage of sidewalk while addressing drainage issues and providing pedestrian facility connectivity on Lakeshore Drive between the Senior Activity Center and 400 east of Herbert Ave. The scope change request was submitted to and was approved by RCTC in March 2023.
Lakeshore Drive Sidewalk Improvement
Discussion
Wilson Mikami Corporation will deliver the final plans, specifications, and engineer’s estimate (PS&E) of the proposed Lakeshore Drive sidewalk improvements. Wilson Mikami will provide a drainage report and right of way dedication document to supplement the final design and easement required prior to construction. Wilson Mikami will provide necessary services to complete a constructible design.
Fiscal Impact
Professional Services Contract with Wilson Mikami Corporation will result into a cost of $79,700 plus 10% in contingency. The City is required to provide at least a fifty percent (50%) local match for the contract.
Attachments
Attachment 1 - Agreement Wilson Mikami
Exhibit A - Proposal Exhibit
Attachment 2 - Project Map
Attachment 1 - Agreement Wilson Mikami.pdf Page 1
AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
Wilson Mikami Corporation
Design Services for SB 821 Bicycle and Pedestrian Facilities Program Project Lakeshore Drive Sidewalk Improvements
This Agreement for Professional Services (the “Agreement”) is made and entered into as of May 23, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Wilson Mikami Corporation, a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Design services for SB 821 Lakeshore Drive Sidewalk Project B. Consultant has submitted to City a proposal, dated April 28, 2023, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated 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 terms 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) specified may be approved in writing by the City Manager.
c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed SeventyNine Thousand Seven Hundred dollars ($79,700) without additional written authorization from the City. Notwithstanding any provision of Consultant’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. Consultant 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. Consultant’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 Consultant provides services. Consultant’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 Consultant 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 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 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 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, 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 thirdparty 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 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 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 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 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 Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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 final 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 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 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 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 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 3353. 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 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 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 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. Consultant (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 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 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 with 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 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. 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.
15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
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. Consultant 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 Compensation 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 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. 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 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. 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 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 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, 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, 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: Wilson Mikami Corporation
Attn: Scott M. Wilson
9 Corporate Park, Ste 100
Irvine, CA 92606
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 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. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
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.
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. 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 extensions of time; (c) nonmonetary 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]
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
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
Wilson Mikami Corporation
By: Scott M. Wilson
Its: Principal
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
WILSON•MIKAMI•CORPORATION
consulting engineers
9 Corporate Park, Suite 100•IRVINE•CA•92606
April 28, 2023 P.N. P11133.00
Yu Tagai, PE
Senior Civil Engineer
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
[email protected]
SUBJECT: Proposal for Civil Engineering Services
Lakeshore Drive Sidewalk Project
Dear Yu:
Wilson Mikami Corporation, Inc. (WMC) sincerely appreciates the opportunity to present a proposal to The City of Lake Elsinore for civil engineering services related to the referenced project.
This proposal includes the services that Wilson Mikami Corporation anticipates are required to accomplish the project goals. The proposal is based on a scope of work discussed with your office. The attached proposal includes the following information:
•
•
•
Scope of Services
Project Fee Summary
List of Assumptions & Exclusions
Once again, thank you for considering Wilson Mikami Corporation for this project. We anticipate that you will send us your standard contract documents for review and execution if we are selected for this project. I can be reached at (949) 679-0092 to answer any questions you may have regarding this project proposal.
Sincerely,
Wilson Mikami Corporation, Inc.
Scott M. Wilson, P.E.
Principal
Enclosures
S:\Proposals\P11133.00 Lakeshore Dr Sidewalk Project\P11133.00 Lakeshore Dr Sidewalk_2023-04-28.docx
EXHIBIT 'A'
SCOPE OF SERVICES
Lakeshore Drive Sidewalk Project
Wilson Mikami Corporation (WMC) agrees to provide professional services to the Client as described below:
200
201
FINAL ENGINEERING PHASE
Research and Site Review
Prepare research of the project site which includes a review of existing street improvement, City Master Drainage Plan, and utility plans in the area. Obtain topographic map information for the project area to evaluate the drainage run-on areas to the proposed southerly curb and gutter. Perform field review of the existing street and utility improvements to identify constraints.
202 Field Survey and Base Map
Prepare a Field Survey and Base Map for the Street Improvement Area. A detail field topographic survey with 50’ interval cross sections will be completed for the improvement area (approximate 1 mile of sidewalk, curb & gutter, curb ramps and drainage improvements along south side of Lakeshore Drive between the Senior Center and 400 feet of Herbert Avenue). An existing utility inventory will be compiled based on record research and field survey to be reflected on the base map. Existing property lines and right of way will be mapped on the base map.
203
204
Hydrology/Hydraulic Study
Complete a hydrology study of the drainage area using the City Master Drainage Plan information which includes performing street capacity calculations of the project areas to determine the amount of peak storm flows to be carried in the streets. Perform hydraulic calculations for the inlet/outlet areas of proposed drainage improvements.
Street Improvement Alternatives
Complete a street improvements alternatives study in areas that need special attention to the required grading for installing the proposed sidewalks, ADA ramps, and drainage outlets. The alternative study will include concept plans for the alternatives with cost estimates and a list of pros/cons for each alternative for City review. Drainage outlet improvements to be included in the analysis. Water quality BMPs at the outlets will be evaluated also if directed by the City. Final design will proceed after the final selection of the street improvement alternative by the City.
205 Final Plans, Specifications and Estimates (PS&E)
Prepare 60%, 90% and 100% level Final Plans, Specifications and Cost Estimates (PS&E) packages after the final selection of the street improvement alternatives. The Final Plans, Specifications and Cost Estimates will include a complete street improvement design and final plans. Identify any utility and right of way conflicts for the improvements. Coordinate review of the PS&E package by the City. Coordinate affected utilities with utility providers and obtain necessary clearances. Prepare Project Specifications, Cost Estimates and Bid Documents to City for bidding purposes.
S:\Proposals\P11133.00 Lakeshore Dr Sidewalk Project\P11133.00 Lakeshore Dr Sidewalk_2023-04-28.docx
EXHIBIT 'A'
SCOPE OF SERVICES
Lakeshore Drive Sidewalk Project
206
207
Right-of-Way Dedication Document
Provide a legal and plat for one property (APN 373-292-001) to dedicate additional rightof-way or road easement for this project.
Meetings and Coordination
Attend meetings to coordinate review of the project documents with the City and other team members and discuss comments and responses to comments and project status.
S:\Proposals\P11133.00 Lakeshore Dr Sidewalk Project\P11133.00 Lakeshore Dr Sidewalk_2023-04-28.docx
EXHIBIT 'B'
FEE SCHEDULE
Lakeshore Drive Sidewalk Project
TASK
200
DESCRIPTION FEE
FINAL ENGINEERING
201
202
203
204
205
206
Research and Site Review
Field Survey and Base Map
Hydrology / Hydraulic Study
Street Improvement Alternatives
Final Plans, Specifications and Cost Estimates
Legals and Plat
$ 3,600
14,000
7,300
8,200
$
$
$
$ 37,400
$
$
5,600
207 Meetings and Coordination 3,600
Total (T&M NTE) $ 79,700
The estimated budget is a maximum for the work proposed based on the direction and information provided by your office. Work performed will be billed monthly on a fixed fee basis as noted above and is due and payable thirty (30) days from receipt of invoice. Retention shall not be withheld from payment. Direct costs, such as filing fees, will be paid by the Client.
This proposal is valid for 90 days.
All extra work shall be performed on a time-and-materials basis per the Standard Fee Schedule T&M NTE = Time and Materials, Not to Exceed
S:\Proposals\P11133.00 Lakeshore Dr Sidewalk Project\P11133.00 Lakeshore Dr Sidewalk_2023-04-28.docx
EXHIBIT 'C'
ASSUMPTIONS AND EXCLUSIONS
Lakeshore Drive Sidewalk Project
ASSUMPTIONS:
This proposal was based on the following assumptions related to the proposed project:
• The proposed sidewalk improvement will be within existing right of way except one property (APN 373-292-001).
EXCLUSIONS:
Items not specifically identified in the scope of service sections of this proposal are to be excluded from this work effort and would be considered additional services. Such services would include, but are not limited to, the following:
• Title Report, Right Of Way Acquisition, Geotechnical Investigation, Pothole Service, Traffic Control Plans, Bid and Construction Support.
S:\Proposals\P11133.00 Lakeshore Dr Sidewalk Project\P11133.00 Lakeshore Dr Sidewalk_2023-04-28.docx Wilson Mikami Corporation
FEE SCHEDULE
July 1, 2022 to June 30, 2023
Compensation for work performed on a time and materials basis will be computed as follows:
CIVIL ENGINEERING SERVICES and MAPPING Hourly Rate
Principal
Senior Project Manager
Project Manager
Sr. Project Designer, Sr. Project Engineer, Assistant Project Manager Project Engineer, Project Designer
Sr. Designer, Sr. Design Engineer
Design Engineer, Designer
Assistant Engineer, Research/Processing Coordinator, Sr. CADD Technician CADD Technician
$ 245.00
$ 215.00
$ 205.00
$ 195.00
$ 185.00
$ 175.00
$ 160.00
$ 140.00
$ 130.00
$ 110.00
$ 105.00
$ 100.00
Jr. Engineer
Jr. CADD Technician
Engineering Aide, Office Work
LICENSED LAND SURVEYOR and MAPPING SERVICES (Overtime to be billed at 1.35% regular rate) Licensed Land Surveyor, Sr. Project Manager
Sr. Project Surveyor/Chief of Parties
Project Surveyor
Survey Analyst
Survey Aide
$ 216.00
$ 205.00
$ 185.00
$ 160.00
$ 140.00
FIELD SURVEY (Overtime to be billed at 1.45% regular rate) One Person Crew
Two Person Crew
Three Person Crew
$ 215.00
$ 345.00
$ 445.00
One Person Crew – Prevailing Wage
Two Person Crew - Prevailing Wage
Three Person Crew - Prevailing Wage
$ 225.00
$ 355.00
$ 465.00
Note: There will be a 2-hour minimum for Field Crew time.
MISCELLANEOUS FEES
The following services are billed at our cost plus 15%:
. Subcontract services. Plan check fees or filing fees advanced by us. Transportation, meals and lodging for overnight travel and incidental travel expenses. Commercial delivery services including Federal Express, Express Mail, and Messenger Services. Plotting and blueprint services and printing (The client is encouraged to arrange for printing, other than prints or plots on our printing machine and plotters, to be contracted directly with an outside blueprint company acceptable to us).
MILEAGE Current rate established by the IRS
S:\Proposals\P11133.00 Lakeshore Dr Sidewalk Project\P11133.00 Lakeshore Dr Sidewalk_2023-04-28.docx
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REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: May 23, 2023
Subject: I-15/SR-74 (Central Ave) Interchange Improvements PA&ED Phase Amendment No. 2 With HDR Engineering Inc.
Recommendation
Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement for Professional Services with HDR Engineering, Inc. for an additional $130,236.72 plus 10% in contingency to complete additional environmental tasks as required by the latest Caltrans guidance document, in such final form as approved by the City Attorney.
Background
Interstate 15 and State Route 74 (I-15/SR-74) Interchange is a significant regional transportation corridor providing primary access into unincorporated county areas, local businesses, and residential communities. Due to continuous growth in the area, there has been increased traffic congestion and delays for motorists and the existing interchange cannot serve the projected future traffic volumes. The project will address future build-out traffic volumes by improving freeway ramp intersections and local arterial operation. The City is under contract with HDR Engineering, Inc. to develop Project Approval/Environmental Document (PA&ED) phase of the I-15/SR-74 (Central Ave) Interchange Improvement project.
I15/SR74 - HDR Amendment No. 2
Discussion
New tasks and services have been identified related to the latest Caltrans guidance document since the start of the PA&ED phase. With the latest Caltrans SER update, I-15/SR-74 Interchange Improvement project is required to address, and update tasks stated below to obtain Caltrans approval and to prepare for the project’s public circulation of the environmental document. The additional PA&ED scope includes the following:
• CAPTI additions to PA&ED requiring Purpose & Need Revision – The task addresses the introduction of CAPTI improvements as part of the Purpose & Need. To obtain concurrence from Caltrans, revisions to the Purpose & Need is required to be incorporated into key points with the draft and final environmental document. • Revised Draft IS/EA: SER Update with Climate Change & Revised GHG – Due to latest updates to the Caltrans SER IS/EA template, this task will address the Climate Change/GHG chapter guidance, which now requires additional technical assessments and documentation to present data following new performance methods. • ISA Update Memo – Caltrans SER requires for the Initial Site Assessment (ISA) to be reevaluated and updated if the report is older than 1-year as new spills and release incidents may occur at any time. This task will prepare an update memo including preparation of Caltrans ISA Checklist, and review of environmental database records from EDR, the 2020 approved ISA, and agency records available on the SWRCB GeoTracker database and DTSC EnviroStor database.
Fiscal Impact
The additional professional services will result into an additional cost of $130,236.72 plus 10% in contingency. Additional costs will be covered by TUMF under the current reimbursement agreement.
Attachments
Attachment 1 - Amendment No. 2
Exhibit A - Scope & Fee
Attachment 2 – Amendment No. 1
Attachment 3 – Original Agreement
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACTOR SERVICES
HDR Engineering, Inc.
Additional Caltrans Guidance Document for PA&ED
This Amendment No. 2 to Agreement for Contractor Services is made and entered into as of 5/23/2023, by and between the City of Lake Elsinore, a municipal corporation (“City), and HDR Engineering, Inc., a Corporation (“Contractor”).
RECITALS
A. The City and Contractor have entered into that certain Agreement for Contractor Services dated as of 1/9/2018, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Contractor in an amount of One Million Nine Hundred Ninety-Two Thousand Five Hundred Twenty-Six dollars ($1,992,526).
C. Amendment No. 1 was approved 9/14/2021 and increased compensation to Contractor in an amount of One Hundred Forty-Five Thousand Four Hundred Seventy-Five dollars and Sixty-Three cents ($145,475.63).
D. The parties now desire to amend the scope of services, term and increase the payment for such services as set forth in this Amendment No 2.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Contractor agree as follows:
1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:
Consultant shall also perform the services described in Consultant’s 5/3/2023 Proposal (attached to this Amendment No. 2 as Exhibit A-2).
Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-2, subject to the direction of the City through its staff that it may provide from time to time.
2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:
In no event shall Consultant’s compensation related to Exhibit A to the Original Agreement exceed One Million Nine Hundred Ninety-Two Thousand Five Hundred Twenty-Six dollars ($1,992,526) without additional written authorization from the City. In no event shall Consultant’s compensation related to Exhibit A-1 to Amendment No. 1 exceed One Hundred Forty-Five Thousand Four Hundred Seventy-Five dollars and Sixty-Three Cents ($145,475.63).
In no event shall Contractor ’s compensation related to Exhibit A-2 to Amendment No. 2 exceed One Hundred Thirty Thousand Two Hundred Thirty-Six dollars and Seventy-Two Cents ($130,235.72) without additional written authorization from the City. Total compensation shall not exceed Two Million Two Hundred Sixty-Eight Thousand Two Hundred Thirty-Seven Dollars and Thirty-Five Cents ($2,268,237.35)
Notwithstanding any provision of Contractor ’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-2 respectively, 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.
3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 2 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
HDR Engineering, Inc.
City Manager
Date:
Thomas T. Kim, Senior Vice President
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-2 – Contractor ’s Proposal
EXHIBIT A-2
CONTRACTOR ’S PROPOSAL
[ATTACHED]
May 3, 2023
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Subject: I-15 / SR-74 (Central Avenue) | Interchange Improvements PA/ED Phase Amendment Request for DED Update Requirements
Dear Mr. Remon Habib,
As the PA&ED phase for I-15/SR-74 (Central Ave.) Interchange has developed with the City of Lake Elsinore with Caltrans Oversight, there have been services identified that have changed related to CT Guidance since the start of the PA&ED Phase. This contract amendment request covers additional costs associated with the following required PA&ED efforts to prepare for the project’s public circulation:
1. 2.
Task 27 – CAPTI additions to PA&ED requiring Purpose & Need revision Task 27 – Revised Draft IS/EA – SER update with Climate Change & Revised GHG Assessment
The scope of work and assumptions associated with completing each additional task is described below along with the related cost for the additional services required for PA&ED based on CT Oversight Review:
1. Task 27 – CAPTI additions to PA&ED requiring Purpose & Need Revision This task accounts for the introduction of CAPTI improvements, the approved Purpose and Need underwent a complete update to be consistent with CT D8 and HQ expectations in the Draft Environmental Document. Multiple submittals and reviews with Caltrans District 8 Sustainability staff have been completed to obtain concurrence of the latest Purpose Need which needs to be incorporated into key points with the Draft & Final Environmental Document. Added Cost $10,282.78.
2. Task 27 – Revised Draft IS/EA – SER update with Climate Change & Revised GHG Assessments
Due to the delays in coordination related to the Noise Modeling and NSR, the Caltrans SER IS/EA template has been updated since the initial submittal to Caltrans. The IS/EA will hdrinc.com
2280 Market Street, Suite 100, Riverside, CA 92501-2110 (951) 320-7300
require updates to document the document is consistent with the latest IS/EA SER guidelines. Additionally, based on Caltrans guidance and information received from recent PDT meetings, the Climate Change/GHG chapter guidance which now requires additional technical assessments and additional documentation to present data following the release of new performance methods. Added Cost $111,252.83.
3. Task 15 – ISA Update Memo
Caltrans SER requires for the Initial Site Assessment (ISA) to be re-evaluated and updated if it is greater than 1 years old since new spills and release incidents can occurred at any time. An ISA Update Memo will need to be prepared since the original ISA for the proposed project was approved by Caltrans in 2020. The ISA Update Memo will include preparation of the Caltrans ISA Checklist, and review of environmental database records from EDR, the 2020 ISA, and agency records available on the SWRCB GeoTracker database and DTSC EnviroStor database. The findings will be included in the IS/EA. Added Cost $8,701.12.
The amendment cost totals $130,236.72 which is reflected in the scope and fee as Attachment A.
This additional cost would be granted from contingency and/or supplemented with a new allocation for the services required under PA/ED.
Sincerely,
HDR Engineering, Inc.
Mark Hager, P.E.
Vice President
Project Manager
Attachment A: HDR Engineering, Inc. - City of Lake Elsinore I-15 / SR-74 IC PA/ED - Amendment #2 HDR Engineering Inc. Subconsultant
Total ODC TBD Task
Numbers
Kathy
Lemburg
Julian Katherine
Turner
Sarah
Barrera
Erin
Martinelli
Total Fee
HDR
Subtotal Task
Amount Task Description
Billing Rates
Revised Draft IS/EA
Revised P&N
Angie Kung Natalie Brim Serena Lin Uyelan Vu Hernandez
$ 257.07 $ 151.62
180
$ 110.02
120
$ 127.20
40 $ 217.93
100
$ 217.82
40 $ 106.85
40 $ 189.50
40 $ 171.59
27 16
27 15
80 40
2 $ 111,252.83 $
$
$
$
$
- $
$
$
$
$
-
-
-
-
-
$ 111,252.83
$
$
$
10,282.78
8,251.12
-
-
450.00
-
$
$
$
10,282.78
8,701.12
-
ISA Update Memo 6 32
Total 122 180 120 46 132 40 40 40 16 $ 129,786.72 450.00 $ 130,236.72 DocuSign Envelope ID: 2C44C469-F240-4866-B34F-799BCDC5E7EF AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
HDR Engineering, Inc.
I-15/SR-74 Interchange Improvements PA/ED Phase
This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 9/14/2021, by and between the City of Lake Elsinore, a municipal corporation (“City), and HDR Engineering, Inc., a Corporation (“Consultant”).
RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 1/9/2018, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Consultant in an amount of One Million Nine Hundred Ninety-Two Thousand Five Hundred Twenty-Six dollars ($1,992,526).
C.
D.
The Original Agreement had a term of services ending June 30, 2023.
The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:
1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:
Consultant shall also perform the services described in Consultant’s 8/5/2021 Proposal (attached to this Amendment No. 1 as Exhibit A-1).
Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time.
2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:
Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A to the Original Agreement) and Consultant’s August 5, 2021 Proposal (Exhibit A-1 to Amendment No. 1).
In no event shall Consultant’s compensation related to Exhibit A to the Original Agreement exceed One Million Nine Hundred Ninety-Two Thousand Five Hundred Twenty-Six dollars ($1,992,526) plus a 10% contingency ($199,252.60) without additional written authorization from the City. In no event shall Consultant’s compensation related to Exhibit A-1 to Amendment No. 1 exceed One Hundred Forty-Five Thousand Four Hundred Seventy-Five dollars and Sixty-Three Cents ($145,475.63). Total compensation shall not exceed Two Million Three Hundred Thirty-Seven Thousand Two Hundred Fifty-Four Dollars and Sixty-Three Cents ($2,337,254.23)
DocuSign Envelope ID: 2C44C469-F240-4866-B34F-799BCDC5E7EF Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A and Exhibit A-1 respectively, 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.
3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY” “CONSULTANT”
CITY OF LAKE ELSINORE, a municipal
corporation
HDR Engineering, Inc.
City Manager Thomas T. Kim, Senior Vice President
10/3/2021 | 11:49 AM PDT 10/3/2021 | 11:35 AM PDT Date: Date: __ ATTEST:
10/4/2021 | 7:58 AM PDT
City Clerk
APPROVED AS TO FORM:
9/24/2021 | 8:19 AM PDT
City Attorney
9/20/2021 | 2:28 PM PDT
Director of Administrative Services
Attachments: Exhibit A-1 – Consultant’s Proposal
DocuSign Envelope ID: 2C44C469-F240-4866-B34F-799BCDC5E7EF EXHIBIT A-1
CONSULTANT’S PROPOSAL
[ATTACHED]
DocuSign Envelope ID: 2C44C469-F240-4866-B34F-799BCDC5E7EF August 5, 2021
Mr. Remon Habib
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Subject: I-15 / SR-74 (Central Avenue) Interchange Improvements PA/ED Phase Dear Mr. Remon Habib,
As the PA/ED phase for 15/74 (Central Ave.) Interchange has developed with the City of Lake Elsinore with Caltrans Oversight, there have been services identified that were not included in the original contract scope which was established prior to the start of the PA/ED Phase. This contract amendment request covers additional costs associated with the following required PA/ED efforts:
1. Task 1-1 – Project Management
2. Task 27.1 – 4(f) Resource Evaluation
3. Task 27 – GHG Climate Change Justification and Environmental Document Section
4. Task 5 – GAD Changes & Added Design Standard Decision Document Features
5. Task 19 – Noise Calibration Model Updates
6. Task 39 – Safety Analysis to support the Modified Access Report (MAR) and Project Report
7. Task 34 – Floodplain Quantitative Analysis
8. Task 28 – ADL mobilization for sampling
The scope of work and assumptions associated with completing each additional task is described below along with the related cost for the additional services required for PA/ED based on CT Oversight Review:
1. Task 1-1 – Project Management
PM activities resulting from extended duration - The current project schedule is forecasting a PA/ED completion in June 2022 which is beyond the originally forecasted deliveryperiod for Project Management and related support. Multiple aspect delayed progress which included a Mini VA Study, reanalysis of traf f ic for additional recommended alternatives later eliminated, justification to clarify environmental impacts related to VMT impacts with the interchange reconfiguration, and changes to GHG protocol that were agreed be mitigated impacts ultimately allowing the contract to be hdrinc.com
2280 Market Street, Suite 100, Riverside, CA 92501
T 951.320.7300 F 951.320.7301
DocuSign Envelope ID: 2C44C469-F240-4866-B34F-799BCDC5E7EF completed under and IS/EA avoid further PA/ED delay and added costs related to a higher level environmental document, scoping meeting, and an increased duration review cycle which were all avoided by the team. Added Cost $31,373.
2. Task 27.1 - 4(f) Resource Evaluation
This task accounts for the need to study 4(f) resources which include parts of existing or planned trail networks. No trails occur on the project however af ter initiation of PA/ED it was required by CT to address trails (existing & future) within ½ mile of the planned project. This is an added technical study and mapping ef f ort required as part of PA/ED in addition to the added Environmental Document Section. Cost $59,252.
3. Task 27 – GHG Climate Change Justification & environmental Document Section
This task related to developing and providing justification to demonstrate that GHG impacts are mitigated by multimodal elements in the project and commitment from CT HQ to allow the project to maintain an IS/EA for PA/ED and not resort to an EIR or Public Scoping Meeting. Additionally, a GHG Section will be added to the environmental document. Added Documentation Memos and Environmental Document Section Cost $10,166.
4. Task 5 – GAD Changes & AdditionalDesign Standard Decision Document Features
Revisions to the f inal PA/ED Build Alternative GAD to address preliminary ramp profile changes and changes to the Design Standard Decision Document to address roadside features additional corner sight f igures and justification for CT approval and requested updates to Central Avenue and Dexter Avenue within State Access Control Limits. This resulted in Right of Way Data Sheet updates af ter previous approval was obtained for PA/ED.
Re-design and exception documentation in the geometry to obtain approval and DSDD revisions related to justification to support the design exception additions requested by CT. Revision Cost $47,421.
5. Task 19 – Noise Calibration Model Updates
Extensive review comments associated with the Noise Calibration Models have required rework of modeled features for consistency with other planned projects and request to change model elements not outline in the noise protocol but formally required by CT D8. This has led to multiple reviews for the existing condition model for the No Build and Build hdrinc.com
2280 Market Street, Suite 100, Riverside, CA 92501
T 951.320.7300 F 951.320.7301
DocuSign Envelope ID: 2C44C469-F240-4866-B34F-799BCDC5E7EF Alternatives carried forward in PA/ED. Additionally new development required the addition of more sensitive receptors in the southwestquadrant of the interchange. Added Cost $26,640.
6. Task 39 – Safety Analysis to support Modified Access Report and Project Report
This is a new task required by CT to assess the potential changes in collision potential related to physical changes of the existing and proposed ramps for Alternative 2 & 3. CT requires this new analysis be completed using ISetE based on f ormal comment in the Modified Access Report submittal. ISetE is intended to meet the quantitative assessment of the new ramp configurations prior to f inal review of the Modified Access Report which will allow CT to make a f ormal MAR submittal to FHWA for review.
This analysis is also required to be included in the Project Report. Added Cost $23,036.
7. Task 34 – Floodplain Quantitative Analysis
The build alternatives encroached into the existing Arroyo Del Toro floodplain between I-15 and Dexter Avenue. In PA/ED the floodplain was deemed as a resource to avoid however af ter f urther alternative analysis the hook-ramps emerged as the most viable and cost-effective northbound ramp connections for the interchange based on traffic distributions. The team elected to analyze the floodplain through a volumetric impact method to demonstrate quantitatively that the net basin and floodplain storage volume was preserved through re-grading the ponding area. This required the floodplain information to be generated and incorporated into the NES.
This data and analysis also became part of the flood storage mitigation in the LHS for the Hook Ramp Alternatives. Added Cost $15,915.
8. Task 28 – Additional Aerially Deposited Lead Field Sampling Additional field mobilization and labor cost related to mobilization, field sampling, and laboratory testing to support the ADL Report. Added Cost $2,750.
The amendment cost totals $216,553.63 which is reflected in the scope and fee as Attachment A. There is a remaining surplus in the HDR contract due to tasks not required for PA/ED which equate to $71,078. This excess would be used under a task reallocation of existing dollars to reduce the above request. Based on the values a new contract cost addition of $145,475.63 is requested for the remaining portion of services outlined above for the PA/ED phase. This additional cost would be granted from contingency and or supplemented with a new allocation for the services required under PA/ED.
hdrinc.com
2280 Market Street, Suite 100, Riverside, CA 92501
T 951.320.7300 F 951.320.7301
DocuSign Envelope ID: 2C44C469-F240-4866-B34F-799BCDC5E7EF Sincerely,
HDR ENGINEERING, INC.
Mark Hager, PE
Project Manager
CC: File
Attachments: Scope and Fee
hdrinc.com
2280 Market Street, Suite 100, Riverside, CA 92501
T 951.320.7300 F 951.320.7301
DocuSign Envelope ID: 2C44C469-F240-4866-B34F-799BCDC5E7EF Attachment A HDR Engineering Inc - City of Lake Elsinore I-15 / SR-74 IC PA/ED - Amendment 3 7/21/2021 Task
Numbers
Angie
Kung
Uyenlan
Vu
Natalie
Brim
Kelly
Czechowski
Jade
Dean
Renee Julian Brittany Hour
Total
Arellano
[Sub]
Leighton
[Sub]
MBI
[Sub]
Subtotal Task
Amount Task Description
Billing Rates
4(f) Evaluation
GHG Climate Change
Geometry
Project Management
Noise Report
Safety Analysis
Floodplain Analysis
ADL Report
Mark Hager Elaine Lee Total Fee HDR A/E Tech [Sub] ODC Stueber Hernandez Arciniega $ 318.35 $ 234.78
60 6
$ 185.15
32 $ 123.69
240
$ 123.35 $ 190.63 $ 114.14 $ 106.13
40 $ 196.10
185
$ 104.46
95 27.1
27 5
1-1
19 39
34 28
5 5
35 60
40 6
16 2
401
51 220
165
0 105
0 0
$
$
$
$
$
$
$
59,252.44
9,822.35
47,421.45
31,372.57
-
$
$
$
$
$
$
$
-
-
-
-
$ -
-
-
-
-
-
-
$ - $
$
$
$
$
$
$
-
-
-
-
-
-
$ - $
$
$
$
$
$
$
$
$
$
$
59,252.44
10,166.35
47,421.45
31,372.57
26,640.00
23,035.83
15,915.00
2,750.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
-
-
-
-
-
$ 344.00
$
$
$
$
$
-
-
-
-
-
10 76
26,640.00
20 85 23,035.83
-
-
- 15,915.00
2,750.00
Total 125 32 240 0 40 46 18 270 95 942 $ 170,904.63 $ 26,640.00 $ - 2,750.00 $ 15,915.00 $ 344.00 216,553.63 71,078.00
145,475.63
Available Contract Funds
Total Amendment Request Value
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BUSINESS LICENSE
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.
CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH (951) 674-3124
Business Name: HDR ENGINEERING, INC.
1917 S 67TH ST
BUSINESS LICENSE NO. 020158
Business Location: Business Type: PROFESSIONAL/ENGINEERS OMAHA, NE 68106-2973
Owner Name(s): CHARLES L O'REILLY Description: PROFESSIONAL ENINEERING SERVICES Issue Date: 1/1/2021 Expiration Date: 12/31/2021
HDR ENGINEERING, INC.
1917 S 67TH ST
OMAHA, NE 68106-2973
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. languages by going to: https://www.dca.ca.gov/publications/ A full notice is available in English or other
TO BE POSTED IN A CONSPICUOUS PLACE THIS IS YOUR LICENSE • NOT TRANSFERABLE
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: May 23, 2023
Subject: Construction Contract Award for the Highway Safety Improvement Program (HSIP) Cycle 9 Traffic Signal Improvements Project – CIP# Z10066 Recommendation
1. Approve and authorize the City Manager to execute an agreement with Select Electric, Inc., for the HSIP Cycle 9 Traffic Signal Improvements Project in an amount not to exceed $1,595,295.00 in such final form as approved by the City Attorney;
2. Authorize the City Manager to execute change orders not to exceed 10% contingency of $159,529.50 for uncertainties and adjustments; and
3. Authorize the City Engineer to record the Notice of Completion once it is determined the work is complete and the improvements are accepted by the City.
Background
The City applied for and received federal grant funding for the Highway Safety Improvement Program (HSIP) Cycle 9, to design and construct improvements at ten (10) existing traffic signals throughout the City. The federal funds for this program are administered through Caltrans. The design plans for the ten traffic signal improvement locations were completed by KOA Corporation and subsequently reviewed and approved by City Staff. The locations are:
1. Lake Street / Temescal Canyon Road
2. Lake Street / Mountain Street
3. Grand Avenue / Broadway Street
4. Grand Avenue / Lincoln Street
5. Lakeshore Drive / Machado Street
6. Lakeshore Drive / Viscaya Street
7. Lakeshore Drive / Chaney Street
8. Mission Trail / Malaga Road
9. Central Avenue / Dexter Avenue
10. Canyon Hills Road / Cotton Canyon Road
HSIP Cycle 9
Discussion
Contractor Bids were secured via the City’s electronic bidding portal PlanetBids on April 5, 2023, at 2:00 PM, results were made publicly visible. The City received six (6) bids from qualified contractors. All bidders submitted acceptable bids and were technically qualified to do the work. Staff recommends awarding the project to the apparent low bidder Select Electric, Inc., with a bid of $1,595,295.00.
The bid results are summarized below:
Contractor (Bidder) Total Bid Amount
1. Select Electric, Inc. $1,595,295.00
2. International Line Builders, Inc. $1,687,353.00
3. DBX, Inc. $1,833,785.00
4. Calpromax Engineering, Inc. $1,898,006.00
5. Elecnor Belco Electric, Inc. $1,911,399.00
6. California Profession Engineering, Inc. $1,966,987.30 Fiscal Impact
The Public Works Construction Agreement will result in a cost of $1,595,295.00 plus 10% contingency for a not to exceed amount of $1,754,824.50. Funding for this project is allocated within the adopted CIP Budget.
Attachments
Attachment 1 – Agreement
Exhibit A - Proposal
1 Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
Select Electric, Inc.
For the
HSIP Cycle 9 Traffic Signal Improvements
CIP PROJECT NO. Z10066
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of May 23, 2023 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Select Electric, Inc., a Corporation (“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:
HSIP Cycle 9 Traffic Signal Improvements (the “Project”) The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by KOA Corporation, are identified as:
Traffic Signal Improvements HSIP Cycle 9
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 One Million Five Hundred NinetyFive Thousand Two Hundred Ninety-Five dollars ($1,595,295.00). 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 Ninety (90) 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 Five Hundred dollars ($500.00) 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.
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
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.
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: Select Electric, Inc.
Attn: Allen McLane
2790 Business Park Drive
Vista, CA 92081
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.
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.
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 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. 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”
Select Electric Inc., a Corporation
City Manager
ATTEST:
By: Allen McLane
Its: President
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: May 23, 2023
Subject: SB-1 Resolution for Mountain Street Tracts Pavement Resurfacing Project FY 23/24
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Background
The new resolution will be uploaded to “CALSMART” web tool in order to obtain project approval for SB1 funding for Fiscal Year 2023/2024.
Bucknam Infrastructure Group performed a Pavement Assessment in 2022, based on their pavement condition survey (2/20/22), the Mountain Street Tracts pavement condition indexes were rated on a scale from 0 to 100 depicting condition of existing pavement. Resurfacing recommendations are divided into the following categories based on the pavement condition:
2” Grind and Overlay
3” Grind and Overlay
Discussion
The Mountain Street Tracts pavement resurfacing project will include sections at a 2” and 3” grind and overlay. The following areas for the project are as follows:
Street Name From To Treatment
1 Running Deer Rd. Coconut Wy. Rolando St. 2" AC Overlay 2 Nectarine Wy. Avocado Wy. Rolando St. 2" AC Overlay
3 Kiwi Wy. Avocado Wy. Rolando St. 2" AC Overlay
4 Mango Wy. Avocado Wy. Rolando St. 2" AC Overlay
5 Coconut Wy. Nectarine Wy. Running Deer Rd. 2" AC Overlay 6 Running Deer Rd. Coconut Wy. Rolando St. 2" AC Overlay SB-1 Mountain Street Tracts Pavement Resurfacing Project FY 23/24
7 Rolando St. Mountain St Running Deer Rd. 2" AC Overlay 8 Mountain St. Avocado Wy. Lake St 3" AC Overlay
9 Forest View St. Mountain St. Vista View 2" AC Overlay 10 Navel Ct. Navel Wy. CDS 2" AC Overlay
11 Fig Wy. Navel Wy. Notnil Wy. 2" AC Overlay
12 Notnil Wy. Fig Way Palm View St. 2” AC Overlay
13 Navel Way Forest View St. Tangerine Wy. 2” AC Overlay 14 Valencia Wy. Forest View St. Tangerine Wy. 2” AC Overlay 15 Vista View Forest View St. Palm View St. 2” AC Overlay 16 Palm View St. Vista View Mountain St. 2” AC Overlay
17 Orange Grove Wy. Palm View St. Lake St. 2” AC Overlay The estimated cost for the Mountain Street Tracts resurfacing project is $1,859,104.00. Once SB-1 funding is secured, projects from the list above will be advertised for bid. The City of Lake Elsinore’s projected SB-1 allocation for FY 2023-2024 is $1,770,340.00 Fiscal Impact
The funding allocation for the 2023-2024 Mountain Street Tracts Pavement Resurfacing Project will be from the allocated SB-1 funds available with the remainder being funded from Measure A funds.
Attachments
Attachment 1 - Resolution
Attachment 2 - Project Map
RESOLUTION NO 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Lake Elsinore are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Lake Elsinore must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1 by resolution, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Lake Elsinore, will receive and estimated $1,770,340 in RMRA funding in Fiscal Year 2023-2024 from SB 1; and
WHEREAS, this is the seventh year in which the City of Lake Elsinore is receiving SB 1 funding and will enable the City of Lake Elsinore to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City of Lake Elsinore has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Lake Elsinore used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Lake Elsinore maintain and rehabilitate 17 streets/roads, and add active transportation infrastructure throughout the City of Lake Elsinore this year and hundreds of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cuttingedge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Lake Elsinore, State of California, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The Fiscal Year 2023-24 list of projects planned to be funded with Road Maintenance and Rehabilitation Account revenues include:
The Mountain Street Tracts Pavement Rehabilitation Project will consist of 2 to 3 inches of grind and overlay of Asphalt pavement, depending on the existing condition of pavement. The project is located in the north-west area of the City of Lake Elsinore, in Riverside County, California. The useful life of the project is expected to be around 10 to 12 years with design to be completed in April 2024 and construction to be completed in September 2024.
Street Name From To Treatment
1 Running Deer Rd. Coconut Wy. Rolando St. 2" AC Overlay 2 Nectarine Wy. Avocado Wy. Rolando St. 2" AC Overlay
3 Kiwi Wy. Avocado Wy. Rolando St. 2" AC Overlay
4 Mango Wy. Avocado Wy. Rolando St. 2" AC Overlay
5 Coconut Wy. Nectarine Wy. Running Deer Rd. 2" AC Overlay 6 Running Deer Rd. Coconut Wy. Rolando St. 2" AC Overlay 7 Rolando St. Mountain St Running Deer Rd. 2" AC Overlay 8 Mountain St. Avocado Wy. Lake St 3" AC Overlay
9 Forest View St. Mountain St. Vista View 2" AC Overlay 10 Navel Ct. Navel Wy. CDS 2" AC Overlay
11 Fig Wy. Navel Wy. Notnil Wy. 2" AC Overlay
12 Notnil Wy. Fig Way Palm View St. 2” AC Overlay
13 Navel Way Forest View St. Tangerine Wy. 2” AC Overlay 14 Valencia Wy. Forest View St. Tangerine Wy. 2” AC Overlay 15 Vista View Forest View St. Palm View St. 2” AC Overlay 16 Palm View St. Vista View Mountain St. 2” AC Overlay
17 Orange Grove Wy. Palm View St. Lake St. 2” AC Overlay PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California this _______ day of _______, 2023:
Natasha Johnson,
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of _________, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Candice Alvarez, MMC
City Clerk
PCI=66
MOUNTAIN STREET TRACT
RESURFACING PROJECT
FY 23-24
PCI=61
PCI=49
PCI=59
PCI=46 PCI=32
PCI=62
PCI=59
PCI=45
2" GRIND AND OVERLAY
3" GRIND AND OVERLAY
PCI=54
PCI=51
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: May 23, 2023
Subject: Professional Civil Engineering Services for Wilson Mikami Corporation, Inc. for the Design of Bushman & Lakeshore Storm Drain Replacement Project Recommendation
Authorize the City Manager to execute a contract for professional design services in the amount of $31,800.00 to Wilson Mikami Corporation, Inc. Plus an additional $5,000 in contingency in final form as approved by the City Attorney.
Background
The contract will authorize Wilson Mikami Corporation, Inc., to start the design for the Bushman & Lakeshore Storm Drain Replacement Project. The final plans will replace the existing storm drain line within Lakeshore Drive.
Discussion
Wilson Mikami Corporation, Inc., will provide 100% final engineering design to re-construct 90 feet of 36” storm drain within Lakeshore Drive including inlet and headwall outlet reconstruction.
The current storm drain is non-functional and the pipe is collapsing in some sections. Scope of work will also include surveying, utility conflicts research and Project Specifications and Cost Estimates.
Fiscal Impact
Professional Services Contract will result into a cost of $36,800.00 which is programmed into drainage improvements as part of the City’s CIP budget.
Professional Services Agreement Wilson Mikami
May 23, 2023
Attachments
Attachment 1- Agreement
Exhibit A- Proposal
Attachment 2- Project Exhibit
Attachment 1 - Agreement.pdf Page 1
AGREEMENT FOR PROFESSIONAL SERVICES
Wilson Mikami Corporation, Inc.
Bushman & Lakeshore Storm Drain Replacement
This Agreement for Professional Services (the “Agreement”) is made and entered into as of May 23, 2023, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Wilson Mikami Corporation, Inc., a Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Civil Engineering Design Services
B. Consultant has submitted to City a proposal, dated May 4, 2023, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated 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 terms 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) specified may be approved in writing by the City Manager.
c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed Thirtyone thousand eight hundred dollars ($31,800) without additional written authorization from the City. Notwithstanding any provision of Consultant’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. Consultant 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. Consultant’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 Consultant provides services. Consultant’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 Consultant 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 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 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 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, 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 thirdparty 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 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 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 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 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 Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
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 final 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 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 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 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 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 3353. 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 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 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 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. Consultant (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 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 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 with 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 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. 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.
15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred
by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant’s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub-consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.
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. Consultant 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 Compensation 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 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. 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 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. 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 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 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, 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, 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: Wilson Mikami Corporation Inc.
Attn: Scott M. Wilson
9 Corporate Park, Suite 100
Irvine, CA 92606
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 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. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.
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.
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. 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 extensions of time; (c) nonmonetary 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]
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
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
Wilson Mikami Corporation, Inc., a
Corporation
By: Scott M. Wilson
Its: Principal
Attachments: Exhibit A – Consultant’s Proposal
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
WILSON•MIKAMI•CORPORATION
consulting engineers
9 Corporate Park, Suite 100•IRVINE•CA•92606
S:\Proposals\P11130.00 CLE Lakeshore Storm Drain\P11130.00 Lakeshore Bushman Storm Drain_2023-05-04.docx April 18, 2023 P.N. P11130.00
Revised May 4, 2023
Carlos Norvani, LEED AP
Capital Improvement Project Engineer
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
[email protected]
SUBJECT: Proposal for Civil Engineering Services
Lakeshore / Bushman Storm Drain Realignment
Dear Carlos:
Wilson Mikami Corporation, Inc. (WMC) sincerely appreciates the opportunity to present a proposal to The City of Lake Elsinore for civil engineering services related to the referenced project.
This proposal includes the services that Wilson Mikami Corporation anticipates are required to accomplish the project goals. The proposal is based on a scope of work discussed with your office. The attached proposal includes the following information:
• Scope of Services
• Project Fee Summary
• List of Assumptions & Exclusions
Once again, thank you for considering Wilson Mikami Corporation for this project. We anticipate that you will send us your standard contract documents for review and execution if we are selected for this project. I can be reached at (949) 679-0092 to answer any questions you may have regarding this project proposal.
Sincerely,
Wilson Mikami Corporation, Inc.
Scott M. Wilson, P.E.
Principal
Enclosures
EXHIBIT 'A'
SCOPE OF SERVICES
Lakeshore / Bushman Intersection Storm Drain Realignment S:\Proposals\P11130.00 CLE Lakeshore Storm Drain\P11130.00 Lakeshore Bushman Storm Drain_2023-05-04.docx Wilson Mikami Corporation (WMC) agrees to provide professional services to the Client as described below:
200 FINAL ENGINEERING PHASE
201 Field Survey and Base Map
Prepare a Field Survey and Base Map for the Drainage Improvement Area. A detail field topographic survey will be completed for the improvement area. An existing utility inventory will be compiled based on record research and reflected on the base map.
Existing property lines and right of way will be mapped on the base map. 202 Final Plans, Specifications and Estimates (PS&E)
Final Plans, Specifications and Cost Estimates (PS&E) package will be prepared after the preliminary design of the drainage improvements – pipe alignment and outlet location in relationship to the right -of-way are completed. The 60% and 100% level Final Plans, Specifications and Cost Estimates will include a complete drainage improvement plan.
The plan will identify any utility and right of way conflicts for the improvements.
Coordinate review of the PS&E package by the City. Coordinate affected utilities with utility providers and obtain necessary clearances. Perform hydraulic calculations for the inlet/outlet areas at the Lakeshore / Bushman intersection as part of the storm drain system design.
Prepare Project Specifications, Cost Estimates and Bid Documents to City for bidding purposes.
203 Meetings and Coordination
Attend meetings to coordinate review of the project documents with the City and other team members and discuss comments and responses to comments and project status.
EXHIBIT 'B'
FEE SCHEDULE
Lakeshore / Bushman Intersection Storm Drain Realignment S:\Proposals\P11130.00 CLE Lakeshore Storm Drain\P11130.00 Lakeshore Bushman Storm Drain_2023-05-04.docx
TASK DESCRIPTION FEE
200 FINAL ENGINEERING
201 Field Survey and Base Map $ 5,200
202 Final Plans, Specifications and Cost Estimates $ 23,800 203 Meetings and Coordination $ 2,800
Total (T&M NTE) $ 31,800
The estimated budget is a maximum for the work proposed based on the direction and information provided by your office. Work performed will be billed monthly on a fixed fee basis as noted above and is due and payable thirty (30) days from receipt of invoice. Retention shall not be withheld from payment. Direct costs, such as filing fees, will be paid by the Client.
This proposal is valid for 90 days.
All extra work shall be performed on a time-and-materials basis per the Standard Fee Schedule T&M NTE = Time and Materials, Not to Exceed
EXHIBIT 'C'
ASSUMPTIONS AND EXCLUSIONS
Lakeshore / Bushman Intersection Storm Drain Realignment S:\Proposals\P11130.00 CLE Lakeshore Storm Drain\P11130.00 Lakeshore Bushman Storm Drain_2023-05-04.docx ASSUMPTIONS:
This proposal was based on the following assumptions related to the proposed project:
• The realigned storm drain will be within existing right of way. • No Hydrology Study is required as this project replaces the 36” CMP with the same pipe size.
EXCLUSIONS:
Items not specifically identified in the scope of service sections of this proposal are to be excluded from this work effort and would be considered additional services. Such services would include, but are not limited to, the following:
• Right Of Way Acquisition, Geotechnical Investigation, Pothole Service, Traffic Control Plans, Bid and Construction Support.
S:\Proposals\P11130.00 CLE Lakeshore Storm Drain\P11130.00 Lakeshore Bushman Storm Drain_2023-05-04.docx Wilson Mikami Corporation
FEE SCHEDULE
July 1, 2022 to June 30, 2023
Compensation for work performed on a time and materials basis will be computed as follows:
CIVIL ENGINEERING SERVICES and MAPPING Hourly Rate
Principal $ 245.00
Senior Project Manager $ 215.00
Project Manager $ 205.00
Sr. Project Designer, Sr. Project Engineer, Assistant Project Manager $ 195.00 Project Engineer, Project Designer $ 185.00
Sr. Designer, Sr. Design Engineer $ 175.00
Design Engineer, Designer $ 160.00
Assistant Engineer, Research/Processing Coordinator, Sr. CADD Technician $ 140.00 CADD Technician $ 130.00
Jr. Engineer $ 110.00
Jr. CADD Technician $ 105.00
Engineering Aide, Office Work $ 100.00
LICENSED LAND SURVEYOR and MAPPING SERVICES (Overtime to be billed at 1.35% regular rate) Licensed Land Surveyor, Sr. Project Manager $ 216.00
Sr. Project Surveyor/Chief of Parties $ 205.00
Project Surveyor $ 185.00
Survey Analyst $ 160.00
Survey Aide $ 140.00
FIELD SURVEY (Overtime to be billed at 1.45% regular rate) One Person Crew $ 215.00
Two Person Crew $ 345.00
Three Person Crew $ 445.00
One Person Crew – Prevailing Wage $ 225.00
Two Person Crew - Prevailing Wage $ 355.00
Three Person Crew - Prevailing Wage $ 465.00
Note: There will be a 2-hour minimum for Field Crew time.
MISCELLANEOUS FEES
The following services are billed at our cost plus 15%:
Subcontract services. Plan check fees or filing fees advanced by us. Transportation, meals and lodging for overnight travel and incidental travel expenses. Commercial delivery services including Federal Express, Express Mail, and Messenger Services. Plotting and blueprint services and printing (The client is encouraged to arrange for printing, other than prints or plots on our printing machine and plotters, to be contracted directly with an outside blueprint company acceptable to us).
MILEAGE Current rate established by the IRS
Proposed Drainage Work
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Lonny Olson, Fire Chief
Date: May 23, 2023
Subject: Purchase of Battery-Operated Extrication Equipment from Western Extrication Specialist, Inc.
Recommendation
Approve the purchase of two sets of new battery-operated extrication equipment from Western Extrication Specialist, Inc. for $35,641.14.
Background
The City of Lake Elsinore experiences numerous vehicle collisions that often require medical aid to respond to the scene. When the report of a vehicle accident with entrapment is dispatched, the first arriving unit immediately assesses patient care. It ensures no fire or impending danger to the occupant(s). Shortly after these initial steps are taken, a unit carrying equipment, "Jaws of Life," arrives to cut the occupant out of the car, extricating the occupant to safety. Our apparatus in the City of Lake Elsinore Fire Stations 97 and 94 currently carry a portable pump that is rather large and cumbersome, requiring two firefighters to unload and carry it to the scene, then return to grab the tool that will be used. There are times when the collisions cause the occupants to be trapped or impinged inside the vehicle due to the impact's severity, a rollover, or the vehicle rolling down an embankment. Due to this potential, each fire engine is equipped with specific extrication equipment. Often, a fire engine equipped with extricating equipment is committed to other emergencies and cannot respond promptly. To avoid such a situation, City staff requests to equip Medic Squad 10 and Engine 85 with complete extrication tools. The squad vehicle has more flexibility to break away from active calls to respond to collisions. Fire Stations 10 and 85 currently have no extrication equipment for rescuing victims.
Extrication Equipment Purchase
Discussion
The equipment proposed for purchase is battery-operated and allows for rapid deployment once at the scene of a trapped victim. It also makes for easy access to victims trapped in a vehicle that has crashed over the side of a hill. Holmatro makes a complete set of Electric (Battery Powered) extrication tools. These new tools perform to the new vehicle technology and are better to use in specific emergencies. These emergencies include vehicles off the roadway where a rope rescue is needed or resting where it is difficult to manage the hydraulic hoses and heavier tools in confined spaces. The battery-operated extrication tools do not require hoses or cords to operate either. This same equipment has previously been procured through the County of Riverside through Western Extrication Specialists. The City can also ensure a price match and equipment consistency throughout the local service area by purchasing through Western Extrication Specialists.
Fiscal Impact
The cost for purchasing the equipment is $35,641.14 and will be purchased from the Internal Service Fund.
Attachments
Attachment 1 - Extrication Equipment Bid Proposal
Note: Western Extrication Specialists, Inc is not responsible for outside parties that may request payments via email scams. Any requests to change the normal payment means previously agreed upon should be scrutinized. If there is any suspicious activity involving such requests, please notify us by phone.
Western Extrication Specialists, Inc.
P.O. Box 1065
Simi Valley, CA 93062
+1 8056247475
[email protected]
www.holmatro-westx.com
Price Quote
ADDRESS
Scott Wetherholt
Lake Elsinore Fire Department
130 South Main St
Lake Elsinore, CA 92530
SHIP TO
Scott Wetherholt
Lake Elsinore Fire
Department
41725 Rosetta Canyon Dr.
Lake Elsinore, CA 92532 US
PRICE QUOTE # 2433
DATE 04/26/2023
EXPIRATION DATE 12/31/2023
TECH/SALES REP.
Michael Porper
DATE ARTICLE NUMBER DESCRIPTION QTY RATE AMOUNT
159.000.118 PCT50 COMBI TOOL 2 14,580.00 29,160.00T
151.000.583 PBPA287 BATTERY 4 948.00 3,792.00T
151.000.742 PBCH2 BATTERY CHARGER
120VAC
2 628.00 1,256.00T
Scott, Andrew this is an updated estimate for two PCT50 Combi-Tools as requested. Shipping is an estimate and may be adjusted at time of billing.
Thank you, Mike Porper
SUBTOTAL 34,208.00
DISCOUNT 5% -1,710.40
TAX 2,843.54
SHIPPING 300.00
TOTAL $35,641.14
Accepted By Accepted Date
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: May 23, 2023
Subject: Riverpark Mitigation Bank Credit Reservation Agreement for Summerhill Drive Road Extension Project
Recommendation
Authorize the City Manager to execute a Mitigation Credit Reservation Agreement in the initial deposit amount of $128,350 to be applied towards the purchase of mitigation credits pursuant to an Agreement for Sale of Credits in the total amount of $1,283,500, in substantially the form attached and in such final form as approved by the City Attorney.
Background
The City has completed the design, specifications, and Right of Way documents for the extension of Summerhill Drive from Ponte Russo to Greenwald for an approximate extension of 4,200 ft.
Currently, the City’s environmental Consultant Glenn Lukos is providing professional services in order to complete permitting and acquire mitigation credits for the project.
The professional services agreement with Glenn Lukos was approved by Council on January 18, 2019 to perform the necessary biological studies and to prepare and process the regulatory agency permits that are required prior to construction of the Summerhill Drive extension. A Professional Services Agreement with Hunsaker and Associates was approved by Council on May 14, 2019 to complete the design documents for the project.
Discussion
The Summerhill Drive Extension Project has been authorized to purchase 1.51 re-establishment CDFW mitigation credits, and 1.51 rehabilitation CDFW mitigation credits at the Riverpark Mitigation Bank. The credits are not available currently, but are expected to be available at a later date. The Credit Reservation Agreement will enable the City to reserve the credits necessary for Summerhill Road Project Bank Credit