Agenda Item No. 14
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer VP L%'--
FOR: City Council Meeting of December 12, 2022
SUBJECT: Award of Contract — Professional Engineering Services for the Preparation of a Letter of Map Revision (LOMR) Application Package to FEMA for Wilson Creek RECOMMENDATION:
That City Council:
1. Award and authorize the Mayor to execute a contract with Albert Webb & Associates (Webb) of Riverside CA., in the amount of $51,750, for the preparation of a Letter of Map Revision (LOMR) application package to the Federal Emergency Management Agency (FEMA) for Wilson Creek as part of the Dunlap Boulevard Bridge Removal and Replacement Project — Project No. 11098; and
2. Authorize a contract contingency amount of $6,000 and the amount of $5,000 for staff time, contract administration/coordination for a total professional services budget in the amount of $62,750 for the project; and
3. Authorize the City Manager or his designee to administer the terms of the contract.
BACKGROUND:
On December 13, 2021, City Council awarded a contract to Wright Construction Engineering Corporation of San Marcos, CA for the Phase 1 Construction of the Dunlap Boulevard at Wilson Creek Channel Bridge Removal and Replacement Project (Project). The Project includes the construction of the new bridge foundations and bridge crossing at Wilson Creek, including road improvements. The Phase I improvements are substantially complete.
The proposed Phase 2 improvements will include the transfer of the existing utilities to the new taller and longer bridge structure, removal of the existing bridge and construction of channel improvements to transition into the new bridge. The taller and longer bridge structure will increase the storm water carrying capacity of Wilson Creek under Dunlap Boulevard. The benefits of this improvement will be described further in this report. Staff has applied for and is waiting for the issuance of the resource agency permits and an encroachment permit from the San Bernardino County Flood Control District to initiate the construction of Phase 2 by advertising this phase of work for construction bids. Staff will return to Council with a recommendation to award the Phase II construction contract at a future meeting in early 2023. -430-
City Council Meeting of December 12, 2022
Award of Contract — Professional Engineering Services for the Preparation of a Letter of Map Revision (LOMR) Application Package to FEMA for Wilson Creek
DISCUSSION
The Project is an important drainage infrastructure project that will remove a significant number of properties in the City's Dunlap area from the Federal Emergency Management Agency (FEMA) designated floodplain/floodway and is included in the adopted FY2022/2023 Capital Improvement Program (CIP). The properties in the City designated by FEMA as being in the floodplain/floodway have certain restrictions that prohibit the development of these vacant properties and expansion/additions to existing structures on developed properties. In addition, properties within the floodplain/floodway that have a mortgage or similar financial obligations are required by many lenders to pay flood insurance premiums.
With the construction of the Oak Glen Creek Basins Project in 2007, the construction of the bridge (low water crossing replacement) at 10 h Street over Wilson Creek, both of which were funded primarily by grant funding with some partnership funding as well, and the update and adoption of the City's Master Plan of Drainage study document in 2012, the City initiated the Letter of Map Revision (LOMR) application process with FEMA to revise their designation of the floodplain/floodway in the Dunlap area. The City's application indicated that, with the construction of the drainage/flood control projects, and the updating of the MPD mentioned above, the drainage systems in the Dunlap area were significantly improved to convey the 100- year storm event drainage flows through the area. This would effectively reduce the risk of flooding in certain portions of the Dunlap area and remove properties from the FEMA designated floodplain/floodway. The City's LOMR application was approved by FEMA in 2014 and the FEMA floodplain/floodway map was subsequently revised resulting in the removal of 286 properties from the floodplain/floodway. This removed the development and building restrictions from these properties allowing property owners to develop and/or improve their properties resulting in increased property values and provide additional economic development opportunities in the Dunlap area. This effort facilitated the development of several private development projects such as the Yucaipa Gateway Project (AM/PM fuel station/La Quinta Hotel), OPAL Hotel Project on Oak Glen Road and several residential projects in the Dunlap area. Public infrastructure projects such as the Dunlap Neighborhood Park were also able to be developed as a result of that LOMR process.
After the successful completion of the 2014 LOMR process, several properties in the Dunlap area adjacent to Wilson Creek channel remained in the FEMA designated floodplain and floodway due to the Wilson Creek at the Dunlap Boulevard bridge crossing. The existing bridge crossing is "under sized" and does not provide sufficient drainage capacity for the Wilson Creek channel to convey storm flows under the bridge.
By 2015, the City had completed additional drainage/flood control projects along Wilson Creek and the FY2015/2016 Capital Improvement Program adopted by the City Council at the time included a project to improve Wilson Creek channel at the Dunlap Boulevard Bridge. As a result, City Council awarded a professional engineering services contract to WEBB & Associates (WEBB) to prepare a Conditional Letter of Map Revision (CLOMR) report for Wilson Creek Channel through the Dunlap area. This report would be incorporated into an application to -431-
City Council Meeting of December 12, 2022
Award of Contract — Professional Engineering Services for the Preparation of a Letter of Map Revision (LOMR) Application Package to FEMA for Wilson Creek
FEMA that would set the stage for another LOMR application to further revise their designation of the floodplain/floodway in the Dunlap area effectively removing additional properties from the FEMA designated floodplain/floodway. In 2017, FEMA approved the City's CLOMR application recognizing that, once the existing Dunlap Boulevard Bridge was removed and replaced with a taller and longer bridge to enhance the Wilson Creek channel storm water conveyance capacity, the City could once again submit a LOMR application to revise the FEMA floodplain/floodway designation in the area. The taller and longer replacement bridge would increase the drainage capacity of the channel, while maintaining vehicular (one way) and pedestrian access across the channel.
Dunlap Boulevard and the Dunlap Boulevard bridge currently provide access to several properties located between Oak Glen Road and Wilson Creek Channel. The existing bridge also serves as a utility corridor for water, gas, and telecommunication facilities over Wilson Creek.
The properties located between Oak Glen Road and the Wilson Creek Channel are currently being developed as a commercial center (Yucaipa Gateway Center). The Conditional Use Permit for this development project approved by the Planning Commission requires a third point of access to a public street in addition to the current existing access points on Oak Glen Rd and 14th Street. At the February 23, 2019, City Council Meeting, Council approved a development agreement between the City of Yucaipa and the developer of the Yucaipa Gateway Center. The agreement includes an obligation for the City to complete the removal and replacement of the Dunlap Boulevard bridge. The Project will satisfy both requirements. As part of the Yucaipa Gateway Project, a gas station, car wash and convenience store were completed in 2019 as the first phase of development. The developer of the property is currently constructing phase two, which includes a hotel. At build out, the Yucaipa Gateway Project is estimated to provide in excess of $750,000 per year to the City's General Fund in sales tax, property tax and Transient Occupancy Tax (TOT) revenues.
In addition to increasing the storm water conveyance capacity of Wilson Creek, the removal and replacement of the Dunlap Boulevard Bridge will maintain the public access on Dunlap Boulevard across Wilson Creek, provide a third access point to the commercial center and preserve the utility corridor across the channel for the existing utilities serving the local area as well as the region. It is important to note, the Project will also provide pedestrian access to the existing multi -use trail along the north side of Wilson Creek from the south side of the channel.
The Wilson Creek multi -use trail extends east along the Wilson Creek Channel from this location and ultimately connects to the Crafton Hills and Oak Glen Road trail network near the Yucaipa Regional Park.
Staff distributed a Request for Qualifications/Proposals (RFQ/RFP) for professional engineering services for the Preparation of a Letter of Map Revision (LOMR) Application Package for submittal to FEMA for the study area of Wilson Creek Channel from Yucaipa Boulevard to the I- 10 Freeway. Five (5) qualifications/proposals were received prior to the due date from the following consulting firms:
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City Council Meeting of December 12, 2022
Award of Contract — Professional Engineering Services for the Preparation of a Letter of Map Revision (LOMR) Application Package to FEMA for Wilson Creek
Name of Firm
Office Location
1 Webb
Riverside, CA
2 CWE
Fullerton, CA
3 S/TM Inc.
San Juan Capistrano, CA
Dudek
ncinitas, CA
5 PACE
rivine CA
An evaluation panel comprised of City staff reviewed and evaluated the qualifications/proposals submitted based on the City's administrative qualifications -based review process. All five consulting firms were found to have the experience and expertise to perform the services required. Based on the rankings of the panel, Webb was determined to be the most qualified. This determination was based on their qualifications, experience and approach to the to the services being requested.
It is also important to note that the key staff proposed by WEBB for the requested services also completed the engineering design for other drainage and flood control projects in the City, such as the Wildwood Creek Basins Project, including the CLOMR application approved by FEMA in 2015 for Wilson Creek. That CLOMR effort was the first step in the process to complete the LOMR application that is the subject of the proposed professional services contract.
FISCAL IMPACT:
The estimated costs to date for the overall Project are included in the table below.
Funding Source
Amount
Proposition IA
$29,000
IX Capital Loan to DFF
900,000
DFF
681,000
GF One Time Capital Loan to TFF
135,000
Traffic Safety Fund 16/17 loan
1,037,000
Yucaipa Boulevard 15t' to I-10
1,502,000
PMP Loan to DFF from Yucaipa Blvd, 15t'to I-10
660,000
Utility Underground Reimbursement from Yucaipa Boulevard 0) 640,000
Fill Dirt Reimbursement to DFF Wildwood Basin (5)
441,000
Total Available Funding
$6,025,000
Total Available Funding (Excluding Reimbursement Funding) $4,944,000
Design and Construction Costs
Wilson Creek Channel Project Design/CLOMR Costs (1)
Design Contract Plan Preparation)
$242,191
Design Contract Contingency
24,000
Design Contract Administration/Staff Time/Grant Coordination 30,000
Total Wilson Creek Channel Project Design/CLOMR Costs
$296,191
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City Council Meeting of December 12, 2022
Award of Contract — Professional Engineering Services for the Preparation of a Letter of Map Revision (LOMR) Application Package to FEMA for Wilson Creek
Dunlap Blvd Bridge Removal/Replacement Project Design Costs (2) Design Contract
$218,593
Design Contract Contingency
43,720
Design Contract Administration/Staff Time/Grant Coordination 10,930
Total Design Costs
$273,243
Environmental Review/Permitting Costs
$38,600
Total Design/Environmental Costs to Date
$608,304
Dunlap Blvd Bridge Removal/Replacement Phase 1 Construction Construction Contract
$1,258,660
Construction Contract Contingency
200,000
Construction Contract Administration
30,000
Inspection/Material Testing/Survey/Staff Time
135,000
Total Estimated Phase 1 Construction Budget Cost
$1,623,660
Wilson Creek Channel LOMR Application
Proposed Engineering Contract LOMR Application
$51,750
Proposed Engineering Contract Contingency
6,000
Proposed Engineering Contract Administration/Staff Time 5,000
Total Proposed Costs (4)
$62,750
Total Available Funding (Excluding Reimbursement Funding) $4,944,000
Total Estimated/Proposed Overall Project Costs to Date
$2,294,444
Available Project Fund Balance
$2,649,556
(1) Approved by City Council on September 12, 2011.
(2) Approved by City Council on March 25, 2019
(3) Approved by City Council on September 27, 2021
(4) Part of this Council Action
With the total proposed professional service costs in the amount of $61,750 identified in the table above and the total available funding for the project in the amount of $4,544,000, there is sufficient funding available to accommodate staff s recommendations. If approved, the remaining project fund balance in the amount of $2,649,556 would be available for the construction of the Dunlap Boulevard Bridge Removal and Replacement Project - Phase 2 Improvements. Staff will return to Council at a future date with a recommendation regarding that construction contract. Once the short term General Fund loans are repaid, there will be no General Fund resources required to complete these projects.
Attachments: Professional Services Agreement
Project Exhibits
Approved by:
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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("Agreement") is dated December 12, 2022, ("Effective Date") and is between the City of Yucaipa, a California municipal corporation ("City") and Albert A. Webb Associates ("Consultant"). City and Consultant are sometimes referred to herein as the "Parties", and individually as a "Party".
RECITALS
A. City issued Request for Proposals on September 28, 2022 , titled "Preparation of a Letter of Map Revision (LOMR)". Consultant submitted a proposal dated October 27, 2022 in response to the RFP.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant as an independent contractor and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
1. Consultant's Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the "Services") for the preparation of a LOMR application submittal package to FEMA, attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement, the Consultant Representative shall be Bruce Davis, P.E. Principal -In -Charge (the "Consultant Representative"). The Consultant Representative shall directly manage Consultant's Services under this Agreement. Consultant shall not change the Consultant Representative without City's prior written consent.
C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
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E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 12, 2023, unless sooner terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule attached hereto as Exhibit B. In no event shall Consultant be paid more than $51,750.00 (the "Maximum Compensation") for such Services.
B. Expenses. City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit B. In no event shall reimbursable expenses collectively exceed the total sum of $51,750.00 C. Unauthorized Services and Expenses. City will not pay for any services not specified in the Scope of Services or reimburse for any expenses not set forth in Exhibit B, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services or expenses in writing prior to Consultant's performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit B, or, if not specified, at a rate mutually agreed to by the Parties. Any additional expense authorized by the City Council or (where authorized) the City Manager shall be reimbursed in the amounts authorized by the City Council or City Manager. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Invoices must be submitted to Bruce Davis, P.E., Principal -In -Charge. 3788 McCray Street Riverside, CA 92506. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if -2 -436-
applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant's regular working hours to City for review and audit by City.
5. Independent contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, 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, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively "Data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Consultant gives City notice of such court order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with -3--437-
City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
C. All Data required to be furnished to City in connection with this Agreement shall become City's property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City's sole property and may be used, reused or otherwise disposed of by City without Consultant's permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant's covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant's Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.
During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative's prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
B. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate
to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers' Compensation Acts not Limiting. Consultant's indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
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C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non -owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non -owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. 3) Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers' compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability/Errors and Omissions Insurance with minimum limits of $2,000,000.00 per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating ofA:Vll or better in the latest edition of the A.M. Best Insurance Rating Guide. Self- insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
D. Primary and Non -Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents, or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.
E. Consultant's Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant's employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by City. At City's option, Consultant shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days' prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant's expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City's Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City's approval. Consultant may provide complete, certified copies of all required insurance policies to City. -7--441-
Consultant shall maintain current endorsements on file with City's Risk Manager.
Consultant shall provide proof to City's Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duty to indemnify City under Section 8 of this Agreement.
K. Broader Coverage/Higher Limits. If Consultant maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
L. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. City's Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant's proper performance of the Services required under this Agreement.
B. Consultant's Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
12. Termination of Agreement.
A. Riqht to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar
days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 60 calendar days before the termination is to be effective.
B. _Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.
14. Default.
A. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant's and City's regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
-9--443-
TO CITY:
City of Yucaipa
Attn: Development Services
34272 Yucaipa Boulevard
Yucaipa, CA 92399
TO CONSULTANT:
Albert A. Webb Associates
Attn: Bruce Davis P.E.
3788 McCray Street
Riverside, CA 92506
16. Non -Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. City's consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a -10.444-
release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City's review of Consultant's report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
22. Non -Appropriation of Funds. Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant's services beyond the current fiscal year, this Agreement shall cover payment for Consultant's services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
23. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant's proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement. -11.445-
26. Word Usage. Unless the context clearly requires otherwise, (a) the words "shall," will and agrees are mandatory and may is permissive; (b) or is not exclusive; and (c) "includes" or "including" are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. "Business days" means days Yucaipa City Hall is open for business.
29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Yucaipa.
30. Attorneys' Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
-1 2 =446-
The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Yucaipa,
a California municipal corporation
By:
Name: Fermin Preciado
Title: Director of Development
Services/City Engineer
FUNDS AVAILABLE:
By:
Name: Andrew Hamilton
Title: Director of Finance &
Administrative Services
By:
Name: David Avila
Title: Mayor
ATTEST:
By:
Name: Jennifer Crawford
Title: Assistant City Manager/City Clerk
APPROVED AS TO FORM:
By:
Name: David M. Snow
Title: City Attorney
Consultant:
By:
Name: Bruce Davis P.E.
Title: Principal -In -Charge
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
-13-447-
EXHIBIT A
SCOPE OF SERVICES
an
Preparation of a Letter of Map
Revision (LOMR) Application
Package for submittal to FEMA
Study Area Wilson Creek Channel
from Yucaipa Boulevard to the
I -1 o Freeway
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Prepared for
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Prepared by
Albert A. Webb Associates
3788 McCray Street
Riverside, CA
4;506
A L B E R T A.
A S S O C I A T E S
A L B E R T A.
A S S O C I A T E S
October 27, 2022
Mr. Landon Kern
Assistant City Engineer
City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Corporate Headquarters
3788 McCray Street
Riverside, CA 92506
T: 951.686.1070
RE: Preparation of a Letter of Map Revision (LOMR) Application Package for submittal to FEMA Study Area Wilson Creek Channel from Yucaipa Boulevard to the 1-10 Freeway Dear Mr. Kern:
Enclosed is Albert A. Webb Associates' (WEBB) proposal to provide engineering services for the Preparation of a Letter of Map Revision (LOMR) Application Package for submittal to FEMA, Study Area Wilson Creek Channel from Yucaipa Boulevard to the 1-10 Freeway Project for the City of Yucaipa (City). The City needs a trusted and experienced technical team to manage and lead this project. ,
This WEBB Team fully understands the importance of this project to the City's overall goal of finding a trusted consultant to assist with the preparation of a LOMR Application Package for submittal to FEMA for Wilson Creek Channel within the City of Yucaipa from Yucaipa Boulevard to the 1-10 Freeway.
In selecting the WEBB Team you will
have a trusted local partner with
the technical experience working
on the Wilson Creek Channel which
will provide the right approach,
successfully complete the project,
and reduce the approval time needed
for the projecW!
- Bruce Davis, PE
WEBB's proposal acknowledges the City's requested scope of work, however, based on our knowledge and previous preparation of the CLOMR for the City, we have identified a scope of work to successfully complete the project and reduce the cost and approval time needed for the project.
Our team members will remain available throughout the duration of the project. As a result, you can be confident your LOMR application package will be successfully completed in a timely and professional manner. We look forward to the opportunity to continue working together. If you have any questions regarding our proposal, please contact me at 951.686.1070, or by email at [email protected].
Sincerely,
Bruce Davis, PE
951.686.1070
[email protected]
-450-
Table of Contents
Section 1. Firm Overview............................................................. 1 Section 2. Detailed Scope of Work ............................................... 2 Section 3. Project Schedule......................................................... 3 Section 4. Key Personnel Overview ............................................. 4 Section 5. References.................................................................. 8 -451-
Section 1. Firm Overview
Albert A. Webb Associates (WEBB), a Corporation, has consistently provided civil engineering services to public sector clients throughout California since 1945. This means our clients receive the benefit of a financially stable firm that has withstood many diverse economic times. WEBB is a mid -size consulting firm with offices in Riverside and Murrieta to best meet the needs of all of our clients. WEBB has 180 associates and the in-house expertise to address the needs of cities, water and special districts, counties, regional agencies, and our partner firms within the industry. WEBB offers a broad range of services to meet the objectives of our clients which include project development, planning, design, entitlement, funding, permitting, construction management, and inspection.
Service Departments
• Water Resources
• Construction Management and Inspection
• Land Development Engineering
• Traffic and Transportation Engineering
• Planning and Environmental
• Land Survey and Mapping Services
• Landscape Architecture
• Geographic Information Systems
Owner and Principal Parties
• Matthew Webb, PE, TE, LS - President/CEO
• Scott Webb - Senior Vice President
• Steve Webb - Director of Risk Management
• Brian Knoll, PE- Chief Operations Officer
• Kevin W.M. Ferguson - Chief Development Officer
• Scott Hildebrandt, PE - Chief Strategy Officer
• Todd Smith - Chief Financial Officer
• Sam Gershon, RCE - Senior Vice President
• Bruce Davis, PE - Senior Vice President
• Dilesh Sheth, PE, TE - Senior Vice President
• Stephanie Standerfer - Vice President
• Jason Ardery, PE, TE, LLS, CPESC, QSD - Vice President • Joseph Caldwell, PE, CPSWO, CPESC - Practice Area Leader • Emily Webb, J.D. - Senior Land Use and Entitlement Specialist Firm Specifics
1945 180 60+
Founding Year Number of Employees Professional Licenses Corporate Headquarters:
Murrieta:
3788 McCray Street
41870 Kalmia Street #160
Riverside, CA 92506
Murrieta, CA 92562
951.686.1070
951.686.1070
-452-
Section 2. Detailed Scope of Work
WEBB acknowledges the scope of work requested in the RFP, which consists of:
• FEMA Data Research- Obtain Effective Model and determine if there are any data gaps • LOMR Hydrology Calculations - Prepared and process updated hydrology for 10-50 100 and 500 Year frequency storm events
• FEMA Letter of Map Revision Application Package
• LOMR Exhibits
• FEMA LOMR Processing
• Meetings (6 Meetings)
However, based on our previous experience working with the City on this project, the following is the proposed scope to accomplish the objectives of the City.
• Review prior report and Effective Model
• Obtain As -Built Plans for three crossings and verify they are consistent with CLOMR Model - if there are changes we would have to update CLOMR Model
• FEMA Letter of Map Revision Application Package
• LOMR Exhibits
• FEMA LOMR Processing
• Meetings - (two Meetings)
Thoughts and considerations
• WEBB prepared the CLOMR - we have, and are familiar with, the Effective Model - very little ramp up time • There have been no significant changes in the watershed that will require the preparation of new hydrology. The Effective Hydrology has already been bought off by FEMA and we can use the same flow rates in the LOMR. Adding this task will just lengthen the approval time needed for the project • The 13th Street and Avenue D Low Water Dip Crossings have already been constructed. We will prepare the LOMR "as if" the Dunlap Boulevard Bridge Removal has already taken place. The application package will be prepared and ready to go pending the inclusion of "as -built" plans" in the submittal package • Monthly meetings are really not needed for this effort. A kick-off meeting and one other meeting are sufficient to coordinate and get the application prepared and submitted • From authorization to proceed, we can have a submittal package for review by the City within 1.5 months. After approval by the City, we can submit to FEMA once the As -Built Plan for Dunlap is finalized • FEMA has a 90-day statutory review period for the first submittal. It is anticipated we would have FEMA approval 90-days after the return of plan check comments
-453-
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-454-
Section 4. Key Personnel Overview
Knowledge, experience, and responsiveness are key elements of a strong team needed to exceed the City's goals and expectations for future projects. WEBB has a team of professionals that will deliver these key elements to all of your projects. Based upon the full breadth of the scope of work required, WEBB has selected Joseph Caldwell, PE, to serve as Project Manager for the City's Project.
Joseph Caldwell, PE, CPSWQ, CPESC, QSD, QSP, CFM
Practice Area Leader
Project Manager Highlights
• Twenty years of pertinent experience with WEBB
• Extensive experience on FEMA work
• Strong technical background in stormwater engineering • Recent and relevant project experience with the City
Joseph will serve as Project Manager and will be the City's primary point -of -contact for the project. Joseph will act as an extension of the City to ensure a successful outcome of this project from beginning to end. This will include a strict adherence to the project schedules and QA/QC standards that will be developed and maintained at the project's onset.
Joseph will be supported by a highly qualified project team with experience on similar well projects. The experience of this team will improve overall project management and provide very effective and efficient services.
Joseph acted as the project manager for the City. In addition, Joseph is WEBB's point person for all FEMA efforts throughout Inland Southern California which WEBB is involved with.
Our assigned project team consists of senior level professionals who will perform the required tasks for the City. By taking this hands-on approach, an experienced professional always has in-depth and intimate knowledge of each project task.
This improves overall project management, reduces the opportunity for costly mistakes and delays, and allows our staff to provide very effective and efficient service to you. Coordination is critical for your project. Every project assigned to WEBB includes principal involvement.
Joseph will be supported by our Project Engineer, Elizabeth Xiong, for this project. Elizabeth will assist with key components of this project and has worked on multiple FEMA projects. Our team members are readily available to you and remain accessible throughout the project to the extent required to successfully complete it.
WEBB will not utilize subconsultant services for the City's project -455-
4 Key Personnel Organization
WEBB's organization is a great fit to complete the City's project. Bruce Davis, PE, will be the District's main point of contact and will work with Joseph Caldwell, Project Manager, on any delays to the project. The following organization chart summarizes project teams available to assist the City.
PRINCIPAL -IN -CHARGE
Bruce Davis, PE
Senior Vice President
C 47200
CITY OF
PROJECT MANAGER
Joseph Caldwell, PE, CPESC, CPSWQ,
QSD, QSP, CFM
Practice Area Leader
C 67239
PROJECT ENGINEER
Elizabeth Xiang
Assistant Engineer
-456-
5 Section 5. References
The City will benefit from WEBB's Team approach to client service. Our reputation for superior quality work, integrity, and long-standing client relationships is a direct result of our industry proven capabilities and experience. We encourage the City to speak with your staff who have worked with our firm and call our references to truly understand the commitment we make to each of our clients and their projects. WEBB prepared the CLOMR and we have, and are familiar with, the Effective Model which means very little ramp up time for the City's project. The below exhibit is an overview of recent FEMA work WEBB has worked on accompanied by references for the below projects.
Contact
Agency
Phone and Email
Fermin Preciado, Director of Public Works City of Yucaipa 909.797.2489 x240 34272 Yucaipa Boulevard, Yucaipa, CA 92399-2434 [email protected] Edwin Quinonez, Senior Civil Engineer County of Riverside Flood Control & WCD 951.955.1212 1995 Market Street, Riverside, CA 92501-1719 [email protected] David Michan Strata Equity Group 858.546.0900 x241
4370 La Jolla Village Dr., #960, San Diego, CA 92122-1249 [email protected] John Abel PW Land Investments, LP 949.800,9099
4100 Newport Place, #480, Newport Beach, CA 92660 [email protected] Brian Caris, Vice President of Construction IDI Logistics 949.775.8227 840 Apollo Street, #100, El Segundo, CA 90245 [email protected] -457-
1.1 EXHIBIT B
APPROVED FEE SCHEDULE
B-1
10070-000112611773v1.doc10070-0001\2611773v1.doc -4 5 8-
Cost Proposal
Work shall be billed on a lump sum basis not -to -exceed the amount indicated below without prior authorization from the City. A breakdown of our fees is presented in the following table.
Scope of Work per RFP
$ 30,700
FEMA Data Research- Obtain Effective Model and determine if there are any data gaps $ 1,200
LOMR Hydrology Calculations - Prepared and process updated hydrology for 10-50 100 and 500 Year frequency storm events
$ 9,500
FEMA Letter of Map Revision Application Package
$ 7,500
LOMR Exhibits
$ 3,500
FEMA LOMR Processing
$ 3,000
Meetings (6 Meetings)
$ 6,000
Proposed Scope of Work to Accomplish City Objectives
$ 21,050
Review prior report and Effective Model
$ 750
Obtain As Built Plans for 3 Crossings and verify that they are consistent with CLOMR Model - if there are changes we would have to updated CLOMR Model
$ 5,000
FEMA Letter of Map Revision Application Package
$ 7,500
LOMR Exhibits
$ 3,500
FEMA LOMR Processing
$ 3,000
Meetings (2 Meetings)
$ 2,000
-459-
EXHIBIT C
TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS
1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1 "). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Consultant shall comply with and be boundby all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.
2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.
3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at anytime during the duration of the project, Consultant shall immediately notify City.
4. Pursuant to Labor Code Section 1771.4, Consultant's Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.
5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate '•1
payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. Pursuant to Labor Code Section 1771.4, Consultant and each subcontractor shall furnish such records to the Labor Commissioner, at least monthly, in the form specified by the Labor Commissioner.
8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works.
The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultantor any subcontractor becomes debarred or suspended during the duration of the project,the Consultant shall immediately notify City.
10. Consultant acknowledges that eight hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
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I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.
Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent permitted by law, Consultant shall indemnify, hold harmless and defend (at Consultant's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Consultant under this Section shall survive the termination of the Agreement.
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