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HomeMy WebLinkAbout2011-04-26 City Council Item No. 07CITY OF LADE(LSIIYOR,E DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 26, 2011 SUBJECT: AGREEMENT FOR PROFESSIONAL DESIGN SERVICES TO KDM MERIDIAN FOR THE RIVERSIDE DRIVE SIDEWALK IMPROVEMENTS PROJECT NUMBER 4356 Background On February 8, 2011 City Council Awarded the design survey portion of this project to CNC Engineering. The survey phase of this project is nearing completion and the design phase is the final step prior to advertizing for bids. The project will include new PCC sidewalks where existing curb and gutter exists with ADA access ramps and a pedestrian bridge over the existing improved channel. Temporary asphalt sidewalks are being placed where the ultimate street improvements are missing. The installation of the new sidewalk segments will provide a safe pedestrian access to Lakeside High School between Grand Avenue and Eisenhower Drive. Discussion City staff had requested proposals from the three highest rated firms on the survey proposal to provide a proposal for design. The proposals where due on April 1, 2011 and a committee reviewed the submitted proposals and selected KDM Meridian as the most qualified. AGENDA ITEM NO. 7 Page 1 of 26 Anticipated Proiect Schedule Award April 26, 2011 Notice to Proceed Design May 16, 2011 Project Bidding July May 9, 2011 Award Construction Contract July 18, 2011 Fiscal Impac This project is being funded from SB 821. The estimated project cost is $380,000. Survey Fee $ 18,510 Design Fee $ 44,375 Design Contract Administration 6,500 Design Cost $ 69,385 The design fee is a "Not to Exceed" fee unless change orders are issued by the City. During the design phase if the estimated construction cost exceeds the preliminary budget due to unanticipated design issues the Engineering Division will adjust the project budget in the next budget cycle. Recommendations Award the Design for the Riverside Sidewalk Improvements to KDM Meridian, in the Not to Exceed Fee of $44,375 Authorize the City Manager to execute the contract with KDM Meridian Prepared by: Peter Ramey Project Engineer Approved by: Ken Seumalo 0 Director of Public Works Approved by: Robert A. Braf City Manager A ttachments: Vicinity Map Agreement for Professional Services Exhibit "A" KDM Meridian Proposal Exhibit "B" Schedule of Charges Exhibit "C Exemption from Workman Compensation Page 2 of 26 VICINITY MAP INTERIM SIDEWALK DESIGN RIVERSIDE DRIVE/GRAND AVENUE SITE 0 CITY COUNCIL APRIL 26, 2011 Page 3 of 26 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") is made and entered into as of the _ day of , 2011, by and between the City of Lake Elsinore, a municipal corporation ("City") and KDM Meridian ("Consultant"). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional consulting services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of one (1) year or as specified in the Consultants proposal. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $44,375 without additional authorization from the City. 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 submit monthly billings to City describing the work performed during the preceding month. 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 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services Page 4 of 26 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. 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 acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City--s use of such materials in a manner beyond the intended purpose as set forth herein. a. 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 to 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. b. 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. Page 5 of 26 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. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. 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).) Page 6 of 26 11. 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. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. 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. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, 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 Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. Page 7 of 26 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. 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. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. 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 AM 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's with respect to liability arising out of work performed by or on behalf of the Consultant, 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. Page 8 of 26 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. 16. 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 If to Consultant: KDM Meridian Attn: Steve E. Strapac 22541 Aspen Street, Suite C Lake Elsinore, CA 92630 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. 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. 19. 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 D. 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 D 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. Page 9 of 26 20. 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. 21. 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. 22. 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. 23. 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. 24. 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/ENDISPUTE ("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. 25. 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. 26. 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. 27. 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 there from. Page 10 of 26 28. 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Page 11 of 26 EXHIBIT A CONSULTANT PROPOSAL Page 12 of 26 March 28, 2011 Mr. Peter Ramey, P.E. Project Manager City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 SUBJECT: Proposal for Sidewalk Design Services Riverside Drive Temporary Sidewalk Improvements Dear Mr. Ramey: KDMM P1103-24 KDM Meridian is pleased at the opportunity to propose our Design and Survey services to the City of Lake Elsinore on the Riverside Drive Temporary Sidewalk Project. We have visited the site and discussed the project in detail with City staff to become familiar with the requirements and the City's expectations associated with the project. As partners on improving your streets, our team offers the City of Lake Elsinore the following advantages: Mr. Steven E. Strapac, PE, PLS, will be the Project Manager for our team and will be the sole point of contact for the City for day-to-day operations. Our team has successfully completed many similar sidewalk projects, including several in the City of Lake Elsinore. This experience combined with our thorough investigation and understanding of the project, gives you the confidence of knowing that your project is on track for success. We appreciate the City's consideration of KDM Meridian and we are looking forward to working with you and the City of Lake Elsinore. Should you have any questions or wish to discuss this proposal, please call me at 949.768.0731. Sincerely, Steven E. Strapac, P.E., P.L.S. Vice-President sstrapac@kdmmeridian.com C: File 22541 Aspan Street, Suite C, Lake Forest, California 92630 Telephone: 949-768-0731 Facsimile: 949-768-3731 KDMMeddian.com Page 13 of 26 City of Lake Elsinore P1103-24 Riverside Dr./Grand Ave Temporary Sidewalk Project March 31, 2011 PROJECT UNDERSTANDING AND APPROACH We have reviewed the project scope with City staff and have visited the project site to familiarize ourselves with the goals and intents of the proposed improvements. Our understanding of the project is the preparation of plans, specifications and estimate for temporary sidewalk improvements along the northwest side of Riverside Drive and Grand Avenue, of both AC and PCC. Included are ADA ramps, AC berm replacement (mountable to non-mountable), a revision of the AC berm curve angle on the portion of Grand Ave. heading northwesterly from the 90° turn. We understand that limits of work for the project are as delineated by the green line in the photo below. There are several design issues with the project that KDM Meridian will address: • A flood control channel crossing that will require a structure at the north end. Coordination with governmental entities with jurisdictions is a priority. • The project involves coordination with Caltrans, RCFCD, and the City, as well as the city's typical utility companies. • A portion of the project parallels a natural drainage channel. • There are non-standard drainage structures within the project limits. _t KDM MEn DjAN Page 14 of 26 0 t City of Lake Elsinore Riverside Dr./Grand Ave Temporary Sidewalk Project P1103-24 March 31, 2011 and requesting copies of their maps, plans, and/or sketches showing their existing and/or proposed facilities within the project limits. We will send out copies of progress submittals to affected utility companies notifying them of the approximate project construction schedules requesting that they plan any maintenance or improvements prior to the sidewalk project. KDM Meridian will keep a log of all utility notifications, contacts, and communications. Per our field review, it is apparent that there is one sewer manhole cover that will have to be lowered as part of the project. Task 2.0 Preliminary Plans Specifications and Estimate (PS&E) 2.1 Preliminary Design Base maps will be prepared using City-provided record plans and the currently in-progress survey at a scale of 1"=20' or better, on 24"x36" sheets. Based on the City-provided survey, base maps will show centerline, right-of-way, curbs, gutters, utilities, catch basins, driveway approaches, curb ramps, and other planimetric data. Striping and other improvements not pertinent to the sidewalk project will not be entirely shown on the plans. Information from the record plans, including surface utilities, will be field verified by KDM Meridian staff prior to proceeding with formal design. KbM M9RIlaIA.N Page 15 of 26 City of Lake Elsinore P1103-24 Riverside Dr./Grand Ave Temporary Sidewalk Project March 31, 2011 • The AC berm in some locations is the "mountable" variety. It should be replaced with non- mountable. • One ADA ramp will have to be designed around existing traffic signals position in the curb returns near the high school. Proposal Assumptions: • SWPPP is not required, due to the size of the area. • City will file for Categorical Exemption, unless request made to KDM Meridian. • Survey provided is complete, signed, and in an appropriate form for KDM Meridian. SCOPE OF SERVICES We propose the following tasks and subtasks to complete the design of the Riverside Drive/Grand Avenue Temporary Sidewalk : Task 1.0 Project Administration 1.1 Project Kickoff Meeting In this meeting with City staff, we will review and discuss the project goals, project schedule, and request copies of as-built plans of the existing roadway and surrounding improvements. This meeting will ensure that all parties understand all aspects of the project before any work begins. 1.2 Review Meetings At the design stages, we will meet with City staff to present or discuss our progress submittals and discuss the City staffs comments and design parameters. 1.3 Utility Coordination We will send out three utility notifications on City letterhead to affected utility companies, based on contact information from the City, making them aware of the upcoming construction activities t Page 16 of 26 City of Lake Elsinore P1103-24 Riverside Dr./Grand Ave Temporary Sidewalk Project March 31, 2011 2.3 Preliminary Cost Estimate The preliminary construction cost estimate will include all major items of work shown on the preliminary design plans complete with estimated quantities, unit costs, and contingencies appropriate for the level of design. Task 3.0 Final PS&E Our Task 4.0 Design Services During Construction 4.1 Bid Assistance At the City's request, KDM Meridian will attend any pre-bid meeting scheduled by City staff to answer questions and provide clarifications for potential bidders. After bid opening, KDM Meridian can analyze bids and check references for the City. 4.2 GASS34 KDM Meridian will complete the City's GASB34 spreadsheet upon project construction and provide the completed documentation to the City. 4.3 Prepare Addenda KDM Meridian will be available to prepare any addenda. KOM MERIIJIAN I, Page 17 of 26 City of Lake Elsinore P1103-24 Riverside Dr./Grand Ave Temporary Sidewalk Project March 31, 2011 Task 5.0 Additional Items We will be available during bidding and construction to answer contractor questions and provide clarifications as needed. We will assist the City in preparing addenda, processing contractor change order requests, and reviewing contractor submittals. At the City staffs request, we will be available to attend pre-bid or pre-construction meetings. 5.1 Additional Augmentation Survey occasionally, the field surveyors do not adequately survey the existing conditions for the consultant design engineer to utilize. In the event that there is insufficient survey data available, KDM Meridian will augment the existing survey as needed. 5.2 As-Builts Upon receipt of contractor-provided (and City approved) red-lined plans, KDM Meridian will produce mylar "As-Built" plans, and provide them to the City. 5.3 Utility Detection KDM Meridian can provide utility detection services as needed, if there are any shallow utilities that may either be in the way or damaged during construction. PROJECT TEAM Mr. Steven E. Strapac, P.E., P.L.S Years with KDM Meridian - 6 As a Principal of the firm, Mr. Strapac has over 18 years of experience in municipal and civil engineering. Prior to joining KDM MERIDIAN as a principal, he worked for a California- based Civil Engineering firm in both Northern and Southern California. He was also the contract City Engineer of El Cerrito, California, in the Bay Area. Mr. Strapac's extensive experience with cities also includes C.I.P. (Capital Improvement Program) Management, DBE Programs, GASB 34, and pavement management systems. City of Lake Elsinore, Sunswept and Dijon Improvements As Project Manager, Mr. Strapac Designed a connecting segment for two disconnected roadways, including a cul-de-sac at Sunswept Dr. Also, he designed the widening of Dijon St. from a one-way access to a standard two-lane street. Both areas required sidewalk design. City of Lake Elsinore, Safe Routes to School Project. Mohr, Lewis & Silver As Project Manager, Mr. Strapac managed the design of sidewalk, access ramps for the City of Lake Elsinore near a local middle school. Substantial challenges existed due to adverse slope conditions, utility conflit with both laterals and fire hydrants. Several facilities needed to be relocated for construction. The construction was successfully completed with no issues. City of Moreno Valley, School Walkway Infill As Project Manager, Mr. Strapac managed the design of sidewalk improvements and street widening of four streets throughout the City of Moreno Valley. Survey was handled in-house. Scope of design included sidewalk, curb and gutter, design of road widening, AC replacement, utility coordination, and ROW and parcel research. KDM MERIDIAN I, Page 18 of 26 City of Lake Elsinore P1103-24 Riverside Dr./Grand Ave Temporary Sidewalk Project March 31, 2011 City of Moreno Valley, Consultant Capital Project CIP Manager. 2003-2006. Mr. Strapac served as a CIP Manager, and provided project management services to ensure the successful completion of assigned capital improvement projects in various phases of design and construction. Typical projects involved street, storm drain, and traffic signal construction and improvements. Mr. Strapac's responsibilities included the management and coordination of City retained consultants, construction management, contract administration (processing of contracts, purchase requisitions, invoices, change orders, etc.), preparation of grant applications, processing of Requests for Proposals, preparation of Staff Reports to the City Council, preparation of project Specifications and estimates, review Plans and designs, and other project related duties as assigned. Specific Projects managed for the City of Moreno Valley included: • Eucalyptus Avenue Sidewalk. Federal-Aid project under the STPLHSR "Safe Routes to School" program, consisting of sidewalk design and construction. • FY 04/05 Annual Slurry Seal Program. City-funded slurry seal project on residential streets in the City. • Boeing and McDonnell Sidewalk project. CDBG project to construct new sidewalk in targeted areas within the City. • Tacoma St./Atwood Ave./ Princess Lane Improvements and Right of Way. CDBG project initiated to convert private, dirt streets to City-owned and maintained streets, and construct curb, gutter, and sidewalk. • New Traffic Signal construction at Indian St. and Iris Ave. Federal-Aid project under the CMLG program. • FY 2003/2004 Annual Resurfacing Program. City-funded overlay/inlay project on arterials in the City. • SB821 2002/2003 Bicycle and Pedestrian Facility Program. State-funded sidewalk project at three locations in the City. • BTA (Bicycle Transportation Account) 2002/2003. State-funded bicycle route project. • New Traffic Signal at Perris Boulevard and Sunnymead Ranch Parkway. City-funded traffic signal, sidewalk and access-ramp construction. • New Traffic Signal at Heacock St. and Parkland Ave. City-funded traffic signal and access- ramp construction. • New Traffic Signal at Alessandro Blvd. and Moreno Beach Drive. City-funded traffic signal, road widening, guardrail, drainage and access-ramp construction. • New Traffic signal at Moreno Beach Drive and Cottonwood Ave. City-funded traffic signal and access-ramp construction. • Six Signals at Various Locations. Six signals to be constructed throughout the City, with a variety of funding sources including Federal funds, Developer Impact Funds (DIF), and City funds. Mr. Richard C. Maher, P.L.S. Years with KDM Meridian -11 As a Principal of the firm, Mr. Maher has 20 years of experience with public works surveying. Prior to founding KDM Meridian, Mr. Maher worked for 10 years with a local civil engineering firm that provided public works engineering and surveying to City and County agencies. For the past 5 years Mr. Maher and the survey personnel at KDM Meridian have proven their expertise in surveying for public works design improvement projects by operating as the survey t KQM MERIDIAN Page 19 of 26 City of Lake Elsinore P1103-24 Riverside Dr./Grand Ave Temporary Sidewalk Project March 31, 2011 department or an extension of the survey department for a number of local prominent public works design engineering firms. Additionally, KDM Meridian has worked directly with City agencies providing topographic and mapping services for the purpose of public works design improvements. At least three-quarters of the projects performed by the firm are directly in relation to public works improvement and the staff at KDM Meridian is well versed in the requirements and understandings of its objectives and needs. Mr. Andrew Salva, E.I.T. Years with KDM Meridian - 5 Mr. Salva is an Engineer-In-Training, with over four years of experience in civil engineering and land surveying and has worked on several projects including roadway and walkway improvement design, grading plan design, record of surveys, tract maps, corner records, topographic surveys, construction staking, GPS surveys, and utility designation for KDM Meridian. He is a graduate of California State Polytechnic University, Pomona. BSCE City of Moreno Valley School Walkway Infill As Project Engineer, Mr. Salva assisted in the design of sidewalk improvements and street widening of four streets throughout the City of Moreno Valley. Responsibilities included drafting, design of sidewalk, curb and gutter, design of road widening, utility research, and ROW and parcel research. City of Lake Elsinore, Sunswept and Dijon Improvements As Project Engineer, Mr. Salva assisted with the design of a connecting segment for two disconnected roadways, including a cul-de-sac at Sunswept Dr. Also, he assisted with the design of the widening of Dijon St. from a one-way access to a standard two-lane street. Both areas required sidewalk design. City of Lake Elsinore, Safe Routes to School Project. Mohr, Lewis & Silver As Project Engineer, Mr. Salva assisted in the design of sidewalk, access ramps for the City of Lake Elsinore near a local middle school. Substantial challenges existed due to adverse slope conditions, utility conflict with both laterals and fire hydrants. Several facilities needed to be relocated for construction. The construction was successfully. Mr. Keith M. Klagge Years with KDM Meridian -10 Mr. Klagge has over twenty-six years experience in Land Surveying and Civil Engineering. Mr. Klagge began his professional career as a field surveyor and party chief for a Civil Engineering and Survey Consulting firm, in responsible charge of: construction staking, topographic surveys, Global Positioning System control surveys, boundary surveys, cadastral surveys, and aerial control surveys. Mr. Klagge will serve as the primary drafter on the project and other roles as necessary. i K0M Mj^1?1DIA,,N Page 20 of 26 City of Lake Elsinore Riverside Dr./Grand Ave Temporary Sidewalk Project KDM I McRiDIAN PREVAILING-WAGE FEE SCHEDULE Valid Through October 1, 2011 P1103-24 March 31, 2011 PROFESSIONAL SERVICES: HOURLY RATE: Principal $180.00 QA/QC Manager $160.00 Project Manager $160.00 Project Surveyor $140.00 Project Engineer $140.00 Junior Engineer $125.00 Survey Technician $115.00 Engineering Technician $115.00 AutoCAD Drafter/Designer $100.00 Clerical/Administration $ 75.00 Technical Aide $ 75.00 Expert Witness (4 hour minimum) $300.00 Survey Crew (1 man w/truck) $175.00 Survey Crew (2 persons) $225.00 Survey Crew GPS (3 persons) $300.00 Survey Crew GPS (4 persons) $375.00 RATE:. Additional Survey Vehicle $750/day Supplies, Reproduction, Rental of Special Equipment Cost+ 15% Subconsultants Cost + 15% RATE: Fuel, lodging, Airfare Cost +15% Meal Expense $ 40/day/person Mileage $ 0.55/mile Note: Government Agencies and/or private landowner fees, map filings, research materials, etc. are extra to contract costs. The rates shown above are currently in effect for standard survey projects in local/regional locations. KQM MER DiA;N i' Page 21 of 26 f Page 22 of 26 EXHIBIT B SCHEDULE OF CHARGES Page 23 of 26 KDM Meridian RESOURCE ALLOCATION MATRIX Page 1/1 Riverside/Grand Sidewalk Date: 3/31/2011 KDM Meridian STAFF TASK, PHASE, DESCRIPTION 2-MAN QA/QC PM PE DRAFTER CREW ADMIN SURV.TECH $160 $140 $125 $115 $225 $75 $115 TOTALS 1.0 PROJECT MANAGEMENT 1.1 Kick-Off Meeting 3 1.2 Review Meetings 6 1.3 Utility Coordination 1 8 4 1.4 Caltrans & RCFCD coordination 4 24 M 1.5 Quality Review (each submittal 6 SUBTOTAL HOURS 6 14 32 0 0 4 0 SUBTOTAL DOLLARS $960 $1,960 $4,000 - $0 $0 $300 $0 $7,220 2.0 PRELIMINARY PS&E 2.1 Preliminary Design (50%) 1 6 32 40 2 $9,750 2.2 Prelim. Specifications 2 24 2 $3,430 2.3 Prelim. Estimate 1 2 $390 SUBTOTAL HOURS 1 9 58 40 0 4 0 112 SUBTOTAL DOLLARS $160 $1,260 $7,250 $4,600 $0 $300 $0 $13,570 3.0 FINAL PS&E 3.1 Final Design Develop. 12 36 48 $11,700 3.2 Specs / Contract Docs 12 16 2 $3,830 3.3 Est.of Prob Constr. Cost 1 2 $390 SUBTOTALHOURS 0 25 54 48 0 2 0 129 SUBTOTAL DOLLARS $0 $3,500 $6,750 $5,520 $0 $150 $0 $15,920 4.0 DSDC 4.1 Bid Assistance 1 2 41 1 $690 4.2 GASB 34 1 1 $265 4.3 Prepare Addenda 1 2 $390 SUBTOTALHOURS 0 3 5 0 0 4 0 12 SUBTOTAL DOLLARS $0 $420 $625 $0 $0 $300 $0 $1,345 5.0 OPTIONAL ITEMS 5.1 Additional Augmentation Survey 1 2 4 101 1 4 $3,560 5.2 As-Built Preparation 2 8 $1,200 5.3 Utilty Detection 1 4 8 $1,560 SUBTOTALHOURS 11 4 6 20 10 0 4 44 SUBTOTAL DOLLARS $0 $560 $750 $2,300 $2,250 $0 $460 $6,320 KDM Meridian HOURS AND COST HOURS PER POSITION 7 55 155 108 10 14 4 353 HOURLY RATE (TYPICAL) $160 $140 $125 $115 $225 $75 $115 KDM Meridian SUBTOTAL COST $1,120 $7,700 $19,375 $12,420 $2,250 $1,050 $460 $44,375 SUBTOTAL COST FOR ITEMS 1-5 $38,055 TOTAL COST INCLUDING OPTIONAL ITEMS: $44,375 Final Level of ENort.xls Page 24 of 26 EXHIBIT C CERTIFICATE OF EXEMPTION FROM WORKMAN COMPENSATION Page 25 of 26 EXHIBIT "a' CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in arty manner so as to become subject to the Workers` Compensation Laws of the State of California Executed on this 201 j at ' gk California. r g~v% Page 26 of 26