HomeMy WebLinkAboutCity Council Item No. 6CITY OF
LAKE LSII`IORT
? DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JUNE 14, 2011
SUBJECT: ASSIGNMENT AND ASSUMPTION OF PROFESSIONAL SERVICES
AGREEMENT WITH SC ENGINEERING
Background
On May 24, 2011, the City Council approved Amendment No. 1 to the Agreement for
the Funding of TUMF Regional Arterial improvements related to the I-15/Railroad
Canyon Road Interchange. Amendment No. 1 contemplates that RCTC will assume the
City's responsibilities with respect to the existing Professional Service Agreement with
SC Engineering.
Legal counsel for RCTC has prepared a separate agreement evidencing the
assignment and assumption of the City's rights and obligations under the existing
Professional Services Agreement with SC Engineering and requested approval by the
City.
Discussion
The attached Assignment and Assumption of a Professional Services Agreement
(Assignment) provides that the RCTC will step into the shoes of the City with respect to
the Professional Services Agreement with SC Engineering. The Assignment is
comprised of standard language and there is a provision requiring the City indemnify
RCTC for any liability relating to the Professional Services Agreement arising from
actions or events occurring prior to the date of the assignment.
The City Attorney's office has reviewed and approved the proposed Assignment and
concurred with the provisions set forth therein.
AGENDA ITEM NO. 6
Page 1 of 22
Assignment of Professional Services Agreement
June 14, 2011
Page 2
Fiscal Impact
None.
Recommendation
It is recommended that the City Council authorize the City Manager's execution of the
attached Assignment.
Prepared by: Barbara Leibold
City Attorney
Approved by: Robert A. Brady
City Manager
Attachments:
Assignment and Assumption of a Professional Services Agreement
Page 2 of 22
Agreement No. 11-31-107-00
ASSIGNMENT AND ASSUMPTION OF A
PROFESSIONAL SERVICES AGREEMENT REGARDING THE RAILROAD
CANYON ROAD/DIAMOND DRIVE INTERCHANGE
Parties and Date
This Assignment and Assumption Agreement of Railroad License Agreement 05-51-934
("Assignment") is made and entered into this of , 2011, by and between the
RIVERSIDE COUNTY TRANSPORTATION COMMISSION, a public agency existing under
the laws of the State of California ("Commission" or "Assignee), and the CITY OF LAKE
ELSINORE, a municipal corporation ("City" or "Assignor"). The Assignor and Assignee are
sometimes referred to individually as "Party" and collectively as "Parties".
2. Recitals
2.1 On or about December 1, 2005, Sal Chavez, a sole proprietor dba SC Engineering
("Consultant") and Assignor entered into a certain Professional Services Agreement for the
preparation of a Project Report and Draft Environmental Document for the Railroad Canyon
Road/Diamond Drive Interchange at the I-15 Freeway ("Agreement"). A copy of the Agreement
is attached hereto as Exhibit "A".
2.2 Assignor desires to assign to Assignee all of Assignor's rights and interests in
and to the Agreement and to delegate to Assignee all of Assignor's duties and obligations under
the Agreement. Assignee desires to accept the assignment of such rights and interests and
assume such obligations under the Agreement, provided that Consultant has executed that certain
Amendment No. 1 to the Agreement ("Amendment No. I") to be entered into by and between
Assignee and Consultant, in the form approved by Assignee. Amendment No. 1 modifies the
Agreement to conform to Assignee's minimum requirements.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and terms
and conditions contained herein, the parties hereby agree as follows:
3. Terms
3.1 Incorporation of Recitals and Exhibits. Exhibit "A" and the above Recitals
constitute a material part of this Assignment and are incorporated by reference as though fully
set forth herein.
3.2 Assigmn ent. Assignor hereby assigns all of its rights and delegates all of its
duties and obligations under the Agreement to Assignee. Notwithstanding the foregoing,
Assignor shall indemnify, defend, protect and hold harmless Assignee from any loss, liability,
claim, cause of action, cost or expense (including reasonable attorney's fees) that Assignee may
17336.02100\5876913.3 1
Page 3 of 22
incur with respect to the Agreement arising from facts or events occurring prior to the date of
such assignment.
3.3 Assumption. Provided that Consultant has executed Amendment No. 1, in such
form as reasonably required by Assignee, Assignee hereby assumes all of the rights and agrees to
perform and discharge all of the duties and obligations of Assignor under the Agreement, as
amended by Amendment No. 1. Assignee's rights and obligations hereunder shall not be
effective unless and until: (i) this Agreement has been executed by the Parties, and (ii)
Consultant has executed Amendment No. 1.
3.4 Modification. This Assignment may be amended or modified only by a written
instrument executed by the Assignor and Assignee.
3.5 Successors and Assigns. This Assignment shall be binding upon and inure to the
benefit of the parties' respective successors and assigns.
3.6 Governing Law. This Assignment shall be governed and construed in accordance
with the laws of the State of California.
3.7 Entire Agreement. This Assignment and the Exhibit referenced herein constitute
the entire agreement between the Parties with respect to the amendment, the assignment, and the
assumption of the Agreement, and supersedes all prior agreements and understandings between
the parties with respect thereto.
3.8 Attomey's Fees. In the event a dispute arises concerning the meaning or
interpretation of any provision of this Assignment, the Party not prevailing in such dispute shall
pay any and all costs and expenses incurred by the other party in enforcing or establishing its
rights hereunder, including, without limitation, court costs and reasonable attorneys' fees.
3.9 Countemarts. This Assignment may be executed in one or more counterparts,
each of which shall constitute an original, and all of which together shall constitute one in the
same agreement.
3.10 Representations and Warranties. Assignor and Assignee represent and warrant
that as of the date first specified above, the execution and delivery of this Assignment is a legal,
valid, and binding obligation and enforceable against Assignor and Assignee.
3.11 Force and Effect. Except as set forth herein, all provisions of the Agreement, as
amended, shall remain in full force and effect, and shall govern the actions of the parties hereto.
IN WITNESS WHEREOF, the Parties hereto have executed this Assignment on the date
first herein written above.
[signatures on following page]
17336.02100\5876913.3 Z
Page 4 of 22
SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION OF A
PROFESSIONAL SERVICES AGREEMENT REGARDING THE RAILROAD
CANYON ROAD/DIAMOND DRIVE INTERCHANGE
RIVERSIDE COUNTY CITY OF LAKE ELSINORE
TRANSPORTATION COMMISSION
By: By:
Its: Its: C / Y`%
ATTEST
By:
City Clerk
APPROVED AS-1.0*"RM: APPROVED AS TO FORM
By:
to the
Commission
By:
City Attorney
17336.02100\5876913.3 3
Page 5 of 22
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF LAKE ELSINORE
AND SC ENGINEERING
[ATTACHED BEHIND THIS PAGE]
17336.02100\5876913.3
Exhibit A
Page 6 of 22
AGREEMENT FOR PROFESSIONAL SERVICES
(This Bement for Professional Services (the "Agreement") is made and entered into as of
the 13'day ofC2o00byand between the City oftake Elsinore, a municipal corporation ("City')
and SC Engineering ("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 terns and conditions described herein
C. City desires to retain Consultant to reader professional consulting services and related work
as set forth in this Agreement
AGREEMENT
1. Scope of Services. Consultant sly Perform the services de -bed on Eadn'bit A which is son
attached hereto and incorporated herein by reference. Consultant shall provide said services at the
time, place, andin the manner specified in Exhibit A, subject to the direction ofthe Citythrough its
stpf 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 until complete in accordance with Exhibit A-
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 $299,274 without additional
authorization from the City. Payment byCityunderthis Agreement shall not be deemed awaiver of
defects, even if such defects were known to the City at the time ofpayment
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
serviices.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 ofthe monthly invoice by City staff. *hen paymentsmade byCity equal 90%ofthe
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 anyworkwhich is detemrined
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 ofthis 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
Contract/Agreement No. 1877
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6. Termination. This Agreement maybe terminated by the City immediately for cause or by
either party without cause upon thirty (3o) days' written notice of ter im
mination. medi Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. OwnershinofDowments. Allplans,studies, documents and other writingspreparedby and
for Consultant, its officers, employees and agents and subcontractors in the course ofimplementing
this Agreement, except working-notepad internal documents, shall become the property ofthe 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 sball,at Consultant's expense, provide such reports, plans, studies, documents and other
writings to City upon written r'equesk City acknowledges that any use ofsuch materials in amanner
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 connectiontherein), arising out ofthe City's use
of such materials in a manner beyond the intended purpose as set forth herein.
a. Licensing of httelleetnal Property,
Perpetual license for Ci This Agreement creates a nonexclusive and
t3to coPY>use, modify, reuse, or sublicense any and all copyrights, desigas,
and other-intellectual Property embodied in plans, specifications, studies, drawings, estimates, and
o$tr i 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 oncomputer 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 warrant
Documents & Data which were o in regard to
prepared liydesign professionals other than Consultant or provided
to Consultant by the City. City shall not be limited in any way in its use ofthe Documents & Data at
anytime, Provided that any such use not within the purposes intended by this Agreement shall be at
City's sole risk.
b. CM enhality All ideas, memoranda, specifications, Plans, Procedures, drawings,
descriptions, computerprogram data, inpntrecorddata. written information, and otherpocume &
Data either created by or provided to Consultant in connection with the perf nts
ormance 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 generaityknown, orhas becomeknown, 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
LreFtn4,19:.the Consultant's services under this Agreement in any magazine, trade paper,
newspaper, television orradlo production or other similarmedium without the prior written consent.
of City.
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8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of 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 ordocuments required to-be maintained pursumttothis AS.reementshall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the city Manager, City Attomey, 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
written termination of Consultant's business, City may, by
request by any of the above-named officers, require that dy of the records be given to
'lie City and flier the records and docimaents be maintained in Cicusto custo
Access tosuch records and
ConsultandocumentsYs shall sueceCessor-in-granted to interest. rest y authorized by Consultant, Consultant's representatives, or
9. hmd%=dentContra ctor.Itisunderstood that Consultanf,intheperformance oftheworkand
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 herebyexpresslywaivesanyciaimitmay
have to any such rights.
TO- interests of Consultant Consultant (includin
employees) covenants and g principals, associates and professional
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 sourceofincome., 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 minder 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, recommendationorcounsel independent ofthecontrol anddirection oftheCity
or of any City official, other than normal agreement monitoring;. and
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b. possesses no authoritywith respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(x)(2).)
11. - Professional Ability ofConsultant. Cityhas 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 approvalsofwhatsoevernaturewhicharelegallyrequiredofConsultant
to practice itsprofession. Consultantrepresents and warrants to Citythat Consultant shall, at its sole
c
ost 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
professin.
14. , Consultant agrees to defend, indemnify and hold harmless the City, its officers,
dMoialsi agents, employees-and _volunteers from and against any and all claims, demands, actions,
losses, damages, injuries, and liability, direct orindireet (inclnding anyand ail costs and expenses in
connection therein), arising out of thepcafommance of this Agreement or its failure to comply with
any ofits 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 R g ements.
a. hrsurance. 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 Employees Liability lnsurancie forhis/her employees in
accordance with the laws of the State of California. In addition, Consultant shall
require each subcontractorto similarlymaintain.Workers' Compensation Insmunce
and Employer's Liability insurance in accordance with the laws of the State of
California for all of the subconttuctor'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.
ii. Qeneral Liability C vM&e., Consultant shall maintain commercial general
liability insurance in. an amount not less than one million dollars ($1,000,000) per
occurrence forbodilyinjury, personal injury and property damage. If a commercial
general liabilityinsurance form or other form with a general aggregate limit is used,
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either the general aggregate limit shall applyseparatelyto the work to beperformed
under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit
iii. Automobile Liability COVeraLe. Consultant shall maintain automobile
liabilitymsmancecover ingbodily'injuryandpmpettydamage forall activitiesofthe
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.
TV. Professional Liability Cove. 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 subcorsultants. The amountofthisinsuranceshallnot
be less than one million dollars ($1,000,000) on a claims macie.anur al aggregate
basis; or a combined single limit per occurrence basis.
b. ~RadOrsments. Each general liability and automobile liabilityinsurancepolicyshall
be With insutors possessing a Best's rating of no less than ANII 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 insureds 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 Mention the City may
have, shall be considered-excess insurance only and shall not contribute with it
This insurance shall act for each insured and additional insured as though a
SePamtePolicy-had been written for each, except with respect to thelimits ofliability
of the insuring company
iv. The insurer waives all iigbts of subrogation against the Clty, its elected or .
appointed officers, officials, employees or agents,
V.. Anyfaituretocomply with reportingprovisionsofthepoliciesshall not affect
coverageprovided to the city, its elected or appointed officers, officials, employees,
agents, or volunteers.
vi. The insurance provided by this policy .shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
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C. Deductibles and Self-Insured Retentions. Any deductbles or self-insured retentions
must be declared to and approved by the City. At the Cites 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 ofthe insurancecoverage 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. Anynotice 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 ifmailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manajff
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: SC Engineering
Attn: Mr. Sal Cbavez, President
14318 California Avenue, Suite 104
Victorville, CA 92392
17.. Entire _ ABM Uis 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.
Amendments. This Agreement maybe modified oz amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19.. AssianmentaridSubcontractina. Thepartiesrecognize that asubstaatialinducementto.City
for entering into this Agreement. is..tlre professional
Consultant and the subcontractors listed fn Exhibit D. Creputation, onsultant shall be fiill and competence of
for all acts or omissions ofany subcontractors. Assn Yes or,o t city
gnmentsofanyorallrights,duties es orobliligations
of he Consultant undef. this Agreement will be permitted only with the express consent of the City.
Consultantshafl not subcontract-any Portion of the work to be performed under this Agreement
except as. Provided in Exhibit D without the written authorizatio of Ure City. If Cit y consents
. to
x sSnclt subcontract, Consultant shall be fully responsible to City n for all acts or omissions of those
subcontractors. Nothing inthisAgreementsballcreate anycontmctmlrelationgnpbetwemOtyand
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 bylaw.
20.. Waiver. Waiver ofa breach or default under this
waiver of a subsequent Agreement shall notcons6tuteacontinuung
breach of the same or any other provision under this Agreement.
6.
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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 Exvenses and Attomevs' 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 fifigation expenses, including court costs, expert witness fees,
discovery expenses, and attorneys' fees.
24. Mediation. Thepardes agree to Make a good faith attempt to res . olve 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 ofinediation equally. If theparties are unable to agree
upon amediator, the dispute shall be submitted to dAMS/ENDISpiTTE ("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 spike two of the five mediators selected by JAMS and thereafter the mediator
remainingshall hearthe dispute. Ifthedisputeremainsunrmolvedaftermc&ation eitherpartymay
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 bindingupon theparties when at least one .
copyhereof shalt have been signed bybothparties hereto. In approving this Agreement, it shall not
be necessary to produce or account for more thanone such counterpart.
26: AuthoritvtoEnter Agreement. Consultant has all requisitepowerandauthority-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 authorityto in ethic
Agreement and to hind each respective party. .
27, . Erohibit~er,~. Consultantmaintainsandwarrants that it has not employednorretamed .
any company orperson, other than abom fide employee workingsolelyfor Consultant; to solicitor
secure this Agreement. Further, Consultantwanants 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 Ibis warranty, City shall have the
right to rescind this Agirementwithout liability. Forthe term offt Agreement, no member, officer. .
or employee of City, during the term ofhis or her service with My, shall have any direct interest in ;
&a Agreement, or obtam.anypresem or anticipated material benefit arising therefrom
28. F.oual 9pportunity m loyment. 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,
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upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or temunation.
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
progmA Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
IN WITNESS WHEREOF theparties have caused this Agmementtobe executed on the date
first written above.
CITY F LSINORE: CONSULTANT:
Mayor Sal Cha President
ATTEST::..., ~ .
City Clerk
1.
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Attachments: Exhibit A - Scope of Services
Exhibit B - Fee Schedule
Exhibit C - Certificate of Exemption from Workers' Compensation Insurance
Exhibit D - List of Subcontractors
PROJECT REPORT AND DRAFT ENVIRONMENTAL
DOCUMENT PREPARATION
FOR
RAILROAD CANYON ROADMIAMOND DRIVE INTEIiCiIANGE
AT T13E I-15 FREEWAY .
1. PROJECT LOCATION
The project location is the interchange of Railroad Canyon Road/Diamond Drive
at the I-15 Freeway in the City of Lake Elsinore, Califonva
2..PROJECT DESCRIPTION
The project involves Producing a Project Report and Draft Environmental
Doeumern. A PSR bas been prepared and appiuved by Capra and is dated July
2003 and approved by Caltrans on September 2003. The PSR colp i .fiye
alternative designs in addition to a no project alternate.
3. WORK TO BE PERFORMED BY CONSULTANT
A. BASIC WORK PLAN
The following is the estimated Work Plan for the development of the project
Report and Draft Environmental Document,: The intent of Work Plan is to
satisfy all Calkans. and Federal highway Administration requirements for a
Project Report and Environmental Document.
Milestone 1-Perform Frclimmmary Engineering Studies and Prepare
Draft Project Report:
• Review and updated project fifirroaflon
• Perform engineering studies
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• Prepare Draft Project Report
Milestone. 2 - Perform Environmental- Studies and prep are Draft
Environmental Document
• Perform environmental scoping and select alternatives for study
• Perform general environmental studies
• Perform Biological studies
• Perform cultural resources studies
• Prcpare and Approve draft environmental document
Milestone ~ :-.Circulate Draft Environmental Document and select
preferred project alternative
• Circulated draft environmental document
• Prepare for and hold Public Hearing
• to pirbTie comments andcori+espondence
• Select PreferredAitemative
Milestone 4 - Prepare and approve PrOJect report and find
environmental document
• Prepare and approve Project Report
a. Update draftprojectreport
b. Review and approve project report
! Prepare and approve final environmental document
a Prepare and approve final envimmuental document
b. Public distribution of final environmental document
c. Prepare final right of way relocation impact document
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• Close out environmental process
a. Prepare and approve record of decision
b. Prepare and file notice of determination
B WORK PROCESS AND SUBA TTALS PROGRESS
The selected Consultant will be subject to a Pre-award Audit.
Upon a successful completion of the pre-award audit, an initial meeting
with City staff will be held W reaffirm the project particulars and to ensure
that the-Consultant- staff is fully familiar with all the appropriate details
from the City's perspective and after receipt of written notice to proceed,
the Consultant shall implement and accomplish the scope of work-
ne Consultant shall Complete the Mq ired work in timely madam ,
Shown in the time line schedule of the Consultaires proposal and as
muddied with City staff at the iiritial meeting.
The'Consuitant shall conduct and prepare minutes of periodic meetings
with the City and Caltrans. A minimum of six
meetings is anticipated, at
least one every other month. The consultant may be required to meet with
the City for input into the project; a minimum of three meetings may be
required beyond the initial meeting.
t
Page 18 of 22
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~•r La --7-wEXHIBIT "B"
SCHEDULE OF CHARGES
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Page 19 of 22 I
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EXHIBIT "C"°
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I Shall not employ any person in any manner so as to become subject to the workers'
Compensation Laws of the State of California
Executed on this f q t" day of s rkc+o acs-q -ZOO 6,
y c oQa c~~~
199-at.
Consultant
EXIIIIBIT "M
LIST OF SUBCONTRACTORS
[INSERT]
Page 22 of 22