HomeMy WebLinkAbout2009-10-13 CC Item No. 9 Bureau Veritas Professional Services Agreement ON-CALL Engineering Services CITY OF
LA E 011 coLSINOU
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: OCTOBER 13, 2009
SUBJECT: AGREEMENT WITH BUREAU VERITAS TO PROVIDE ON -CALL
PROFESSIONAL ENGINEERING SERVICES
Background
The Engineering Division of the City of Lake Elsinore, as a part of the development
services, is required to review private development projects for compliance with City
regulations, City Standards and the Subdivision Map Act. As a function of construction
compliance, the Division also performs inspection services to ensure compliance with
the approved plans. In order to maintain a high level of responsiveness, these services
are contracted to engineering firms that have the flexibility to provide a professional staff
for a dynamic work Toad.
Discussion
Bureau Veritas is an established engineering firm with the history and ability to provide
services for a variety plan check needs. The City has contracted with this firm for:
Engineering plan check of development plans, grading plans and final map projects
since 1994. Due to changes in City personnel, staff would like to include NPDES plan
checking and inspections to the list of services provided by Bureau Veritas. Because of
their local knowledge, technical expertise and their long and successful history with the
City, staff is in support of continuing this professional partnership.
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Contract Agreement — Bureau Veritas
October 13, 2009
Page 2
Fiscal Impact
There is no direct financial impact to the General Fund because the services being
provided by Bureau Veritas are funded through developer's plan check fees on an on-
call basis.
Recommendations
1. Staff recommends that the City Council approve the Agreement with Bureau
Veritas to provide professional plan check services.
2. Authorize the City Manager to execute the Agreement.
Prepared by: Ken Seumalo
Director of Public Works
Approved by: Robert A. Brady' �'
City Manager
Attachments: Agreement
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement ") dated for identification only as
of September 22, 2009, by and between the City of Lake Elsinore, a municipal corporation ( "City ")
and Bureau Veritas North America, Inc. ( "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 three (3) years, subject to annual review by the City
Council.
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 $150,000 without additional
authorization from the City Manager. 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
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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
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 in any way in its use of the Documents & Data at
any time, provided that any such use not within the purposes intended by this Agreement shall be at
City's sole risk.
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,
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newspaper, television or radio production or other similar medium without the prior written consent
of City.
8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers,
canceled checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to City for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period required by
law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall
be made available for inspection or audit, at any time during regular business hours, upon written
request by the City Manager, City Attorney, City Auditor or a designated representative of these
officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above -named officers, require that custody of the records be given to
the City and that the records and documents be maintained in City Hall. Access to such records and
documents shall be granted to any party authorized by Consultant, Consultant's representatives, or
Consultant's successor -in- interest.
9. Independent Contractor. 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:
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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).)
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.
a. 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 negligent 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.
b. It is expressly understood and agreed that the enforcement of these terms and
conditions shall be reserved to the City and Consultant. Nothing contained in this Agreement shall
give or allow any claim or right of action whatsoever by any third person. It is the express intent of
the City and Consultant that any such person or entity other than City of Consultant, receiving
services or benefits under this Agreement, shall be deemed an incidental beneficiary.
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
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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.
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 a Best's rating of no less than A:VII and shall be endorsed with the
following specific language:
i The City, its elected or appointed officers, officials, employees, agents and
volunteers are to be covered as additional 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 retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
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iii. This insurance shall act for each insured and additional insured as though a
separate policy had been written for each, except with respect to the limits of liability
of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its elected or appointed officers, officials, employees,
agents, or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self- Insured Retentions. Any deductibles or self - insured retentions
must be declared to and approved by the City. At the City's option, Consultant shall demonstrate
financial capability for payment of such deductibles or self - insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein. Certificates of
such insurance shall be filed with the City on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the City at all times during
the term of this Agreement.
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: Bureau Veritas North America, Inc.
Attn: Tina York, Principal In Charge
11590 West Bernardo Court, Suite 100
San Diego, CA 92127 -1624
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.
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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.
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.
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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 therefrom.
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 as of
, 2009.
CITY OF LAKE ELSINORE: CONSULTANT:
Stephen K. Smith
Director of PWS
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Attachments: Exhibit A - Scope of Services
Exhibit B - Fee Schedule
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EXHIBIT "A"
SCOPE OF SERVICES
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EXHIBIT "A"
SCOPE OF SERVICES
CITY OF LAKE ELSINORE
Consultant shall perform the following tasks:
I. DEFINITIONS
As used in this Agreement, the following definitions shall be applicable:
1. Consultant. Consultant shall mean Bureau Veritas North America, Inc. located at 11590
West Bernardo Court, Suite 100, San Diego, CA 92127.
2. City. City shall mean the City of Lake Elsinore, a municipal corporation, located at 130
South Main Street, Lake Elsinore, CA 92530.
3. City Council. City Council shall mean the City Council of the City of Lake Elsinore.
4. Services. Services shall mean the services to be performed by the Consultant pursuant to
this Agreement.
5. Satisfactory. Satisfactory shall mean satisfactory to the City Manager of the City of Lake
Elsinore or his /her designee.
II. PLAN CHECK SERVICES
In checking of IMPROVEMENT PLANS, Consultant shall perform the following work for each
project: There procedures may be modified as deemed necessary when mutually agreed upon.
This does not include traffic signals, traffic signal facilities, signing and striping.
1. Upon initial receipt of a request for plan check, the City shall perform a preliminary review of
the plans to ensure that complete plans are submitted before forwarding them to the
Consultant.
2. The Consultant shall pick up plans for checking immediately from the Date of Notification by
the City to do so.
3. From the time of pick -up of plans from the City to delivery back to the City, the Consultant
shall complete each check within 10 working days. Large plan sets may require more time
as agreed to by City.
4. Determine if the plans are in conformance with applicable conditions of approval and any
approved tentative map.
5. Check hydrology and hydraulic calculations, and the design of any storm drain system.
6. Determine any diversions, concentrations or increases in drainage flow, and any potential
for damage to off -site property resulting from such drainage.
7. Determine requirements for any off -site easements and whether they have been obtained.
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3. Review the report to confirm that all pollutants generated by the proposed project site are
included.
4. Review the report to confirm that receiving water bodies are identified properly, along with
their beneficial uses and existing impairments, if applicable.
5. Review the report for any hydrologic conditions of concern, and, if applicable, its mitigation.
6. Review the report for the effectiveness of the proposed permanent BMPs (Site Design,
Source Control and Treatment Control BMPs) in relation to City, Regional Water Quality
Control Board, and State water quality objectives, and Riverside County Flood Control &
Water Conservation District's WQMP template.
7. Comment on proposed permanent BMPs, if found not to be in compliance.
8. Review funding and operation and maintenance (O &M) section for a general overview
maintenance plan and valid maintenance mechanism is provided.
Note: Specific details would not be required at this point.
9. Review calculations for treatment flow and /or volume for the treatment control BMPs, where
applicable.
10. Review manufacturer and model selection process for the treatment control BMPs, where
applicable.
11. Review site plan for location of all permanent BMPs and pertaining information.
12. Review for Registered Civil Engineer signature and stamp.
In checking of FINAL WQMP's, Consultant shall perform the following work for each project:
1. Review Final WQMP for conformance with the approved Preliminary WQMP and the
effectiveness of the proposed permanent BMPs in relation to the City, Regional Water
Quality Control Board and State water quality objectives, and Riverside County Flood
Control & Water Conservation District's WQMP template.
2. Review the report for any hydrologic conditions of concern, and, if applicable, its mitigation.
3. Comment on proposed permanent BMPs, if found not to be in compliance.
4. Review funding section for responsible party.
5. Review the operation and maintenance section for specific details regarding the responsible
party, schedule of maintenance, startup dates, proposed activities, and frequency of
inspection.
6. Review final sizing calculations and model selection process for treatment control BMPs and
their location in relation to the approved site plan. If infiltration BMPs are proposed, review
the soils report for infiltration and depth to ground water.
7. Review site plan for location of all permanent BMPs and pertaining information.
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8. Determine any encroachments on adjacent property.
9. Check stopping sight distance, horizontal radius, and vertical curves on streets as
applicable. Check for street lights, paving sections and superelevation.
10. Determine that the plans as submitted are in conformance with the Municipal Codes and
other applicable standards used by the City (Riverside County and Lake Elsinore Design
Manuals).
11. Determine that the improvement plans are in conformance with the approved grading plan
and final map, if applicable to the project. A copy of the grading plan and final map will be
furnished with the improvement plans.
12. Determine the accuracy of the quantity calculations and the list of quantities.
13. Review plans for conformance with applicable City Codes, Lake Elsinore General Plan
Standards, written policies, improvement plans, final map, and other adjacent improvement
documents furnished by the City.
14. Provide up to four plan checks. If more plan checks are required, the City may collect
additional fees.
In checking of GRADING PLANS, Consultant shall perform the following:
1. Determine if the plans are in conformance with applicable conditions of approval and any
approved tentative map.
2. Determine if the general format for the plan is in conformance with the City of Lake Elsinore
requirements.
3. Compare the grading plan with the recommendations in the soils report provided and check
that the specifications and details in the soils report are included in the plans.
4. Compare the grading plan with the grading shown on any tentative map.
5. Compare the grading plan with the improvement plans for the project.
6. Compare the grading plan with the approved environmental information.
7. Check for the following technical items:
1. Slope setback from property line per grading ordinance.
2. Identification of property and easement lines.
3. Amounts noted for excavation, fill and import or export (cubic yards).
4. Cut slope and fill slope ratios.
5. Existing contours.
6. Final grades shown by contours or spot elevations.
7. Location of cut and placement of fill (daylight and limit lines shown on the plan).
8. Typical lot drainage.
9. Typical berm or swale at the top of the fill.
10. Typical brow ditch.
11. Terrace drains.
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12. Percent of grade of streets and driveways, length of vertical curves.
13. Horizontal and vertical site distance; cross check this with improvement plans.
8. Check hydrology and hydraulic calculations, and the design of the drainage system.
9. Determine any diversions, concentrations or increases in drainage flow, and any potential
for damage to off -site property resulting in such drainage. Check for adequate capacity of
brow ditches and down drains.
10. Check for non - erosive velocities at point of discharge or adequate energy dissipation.
11. Review erosion control measures and check for conformance with applicable codes and the
City's Erosion Controll Standard Plan.
12. Review plans for conformance with applicable City Codes, Lake Elsinore General Plan
Standards, written policies, improvement plans, final map, and other adjacent improvement
documents furnished by the City.
13. Provide up to four plan checks. If more plan checks are required, the City may collect
additional fees.
In checking of FINAL MAPS, Consultant shall perform the following:
1. Check for compliance with Subdivisions Map Act, the Land Surveyors Act and City
ordinances.
2. Determine that the map is in conformance with applicable conditions of approval and the
approved tentative map.
3. Check that the format is in compliance with the City requirements.
4. Check Title Report and Subdivisions Guarantee, and verify that all easements are noted on
the map, the legal description conforms with the map, and all parties required to sign the
map have done so.
5. Check traverse closure for lots, blocks, and boundaries and easements for acceptable
closures.
6. Provide up to four plan checks. If more plan checks are required, the City may collect
additional fees
In checking of PRELIMINARY WQMP's, Consultant shall perform the following work for each
project:
1. Review if the proposed project falls under the significant redevelopment category, new
development category (for the Santa Ana region), or the special categories (for the Santa
Margarita River region), in order to determine if a Preliminary WQMP is necessary.
2. Review the report for an accurate project description, location, existing conditions, and
proposed development.
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8. Review conditions of approval, CASQA handouts; soils report (if applicable), and all
agreements /CCRs applicable to the project.
9. Review for Registered Engineer's signature and stamp.
In checking of SWPPP's, Consultant shall perform the following work for each project:
1. Review SWPPP for compliance with the State's storm water discharge requirements for
construction and the CASQA SWPPP template, including the following:
a. WDID number
b. NOI & application
c. Project description, including construction schedule and anticipated completion
date
d. Temporary construction BMP's
e. BMP handouts
f. Outlined post - construction treatment control reflecting WQMP
g. Erosion Control Plan/Water Pollution Control drawings within the SWPPP
h. Supporting documents: NPES permit, hydrology report, amendments, and
reporting forms
III. OTHER SERVICES
Consultant shall provide other services not described herein upon request of the City. These
services may include but are not limited to initial plan review entitlement processing, design,
construction contract administration, construction inspection, building safety, and infrastructure
management. The performance of these services shall be compensated on a time -and-
materials basis in accordance with the latest "Schedule of Hourly Rates" as detailed in Exhibit
"B -1 "or a fixed lump sum fee as mutually agreed upon prior to the start of work. The Schedule
of Hourly Rates" is subject to annual adjustment.
IV. STANDARD PROVISIONS
Consultant shall not have control over or charge of and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety precautions and programs
in connection with the work, since these are solely the construction contractor's responsibility.
Consultant shall not be responsible for the construction contractor's schedules or failure to carry
out the work in accordance with the contract documents. Consultant shall not have control over
or charge of acts or omissions of the construction contractor, construction subcontractors, or
their agents or employees, or of any other persons performing portions of the construction work.
Consultant shall have no responsibility for the discovery, presence, handling, removal or
disposal of or exposure of persons to hazardous materials in any form at the project, including
but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic
substances.
The review and approval of documents are for the limited purpose of checking for conformance
with information given and the design concept shall not constitute approval of construction
means, methods, techniques, sequences or procedures, or for safety precautions and
programs.
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EXHIBIT "B"
SCHEDULE OF CHARGES
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EXHIBIT "B"
FEE FOR PROFESSIONAL SERVICES
CITY OF LAKE ELSINORE
Work Item Method of Compensation
Plan Check Services
Improvement Plans 65% of City Fees
Grading Plans 65% of City Fees
Final Map 85% of City Fees
Preliminary WQMF' $1,500.00"
Final WQMP* $1,500.00**
SWPPP $1,250.00 * **
Other Services
Time and Materials basis in accordance with
the latest "Schedule of Hourly Rates" as
detailed in Exhibit "B -1" or a fixed lump fee as
mutually agreed upon prior to the start of
work. The "Schedule of Hourly Rates" is
subject to annual adjustment.
*If no approved preliminary WQMP, review fee for Final WQMP will be $3,000.00.
Fixed fee amount needs to be reviewed annually and upon mutual agreement, increased to
adjust for cost of living raises based on the amount of change in the Consumer Price Index.
` ** Re- evaluate in July 2010 when the new construction General Permit becomes effective.
Fees for Plan Check Services are for up to four (4) reviews. If plan reviews exceed four
reviews, additional fees may be requested through the City.
'Fast Track' projects will be billed at a cost based upon fees in Exhibit B -1 or as a fixed lump
sum fee percentage as mutually agreed with the City.
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EXHIBIT `B -1" m _
, 816
BUREAU
Schedule of Charges - San Diego Office
January 3, 2010 through December 31, 2010
Billing Title Hourly Billing Rates Billing Title Hourly Billing Rates
Sr. Associate $166 Technician 111 $71
Associate $156 Technician 11 $61
Sr. Engineer $155 Technician I $58
Engineer V $150 Senior Survey Analyst $126
Engineer IV $140 Survey Analyst 11 $108
Engineer 111 $130 Survey Analyst 1 $92
Engineer 11 $120 Inspector $100
Engineer I $100 CADD Operator II $100 _
Engineering Assistant $85 CADD Operator 1 $90
Plan Checker IV $138 Word Processor 111 $91
Plan Checker III $126 WP 11 / Contracts Splst. $73
Plan Checker II $115 Word Processor I $61
Plan Checker I $105
Technician IV $82
Professional Reimbursement
The hourly billing rates include the cost of salaries of the B &H employees, plus sick leave, vacation,
holiday and other fringe benefits. The percentage added to salary costs includes indirect overhead costs
and fee (profit). All employees classified as "non- exempt" by the U.S. Department of Labor will be
compensated at 1 -1/2 times salary, as per state and Federal wage and hour laws. Billing rates will be
calculated accordingly for these overtime hours.
D irect Expenses
Reimbursement for direct expenses, as listed below, incurred in connection with the work, will be at cost
plus twelve percent for items such as:
a. Maps, photographs, reproductions, printing, equipment rental and special supplies related to the
work.
b. Consultants, soils engineers, surveyors, contractors, and other outside services.
c. Rented vehicles, local public transportation and taxis, travel and subsistence.
d. Specific telecommunications and delivery charges.
e. Special fees, insurance, permits, and licenses applicable to the work.
f. Outside computer processing, computation, and proprietary programs purchased for the work.
Reimbursement for employee - owned vehicles used in connection with the work will be at the rate of $0.50
per mile.
Other in -house charges for prints, reproductions and equipment use, etc. will be at standard company
rates.
The foregoing Schedule of Charges Is incorporated into the agreement for the services provided, effective
January 3, 2010 through December 31, 2010, and will be adjusted thereafter.
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