HomeMy WebLinkAboutCity Council Meeting 1/24/2012 - Agenda Item 5- Construction Contract Award Sumner & Hearld Ave. Pavement Rehab CITY OF
LA E r -; LS I NO
K. � R,.E
DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JANUARY 24, 2012
SUBJECT: CONSTRUCTION CONTRACT AWARD
SUMNER AND HEALD AVENUE PAVEMENT REHABILITATION
PHASE I AND PHASE II - PROJECT NO. 4349
Background
The City Council on June 22, 2010, adopted the Capital Improvement Program. The
Capital Improvement Program authorized the rehabilitation of Sumner Avenue and
Heald Avenue from Main Street to Chaney Street. The Request for Proposal for design
was placed on the City website on November 29, 2010, with a closing date of December
29, 2010. On February 8, 2011, the City Council awarded the design to DMC Design
Group. The project involves the rehabilitation of both Sumner and Heald Avenue from
Main Street to Chaney Street. The rehabilitation will include the grinding of the existing
asphalt pavement to create a base section with an asphalt overlay of 0.25 feet. The
project also includes curb and gutter; A.C. berms and modifications to bring existing
non - compliant ADA access ramps into compliance with the current standards.
Discussion
On January 5, 2012, at 2:00 PM, the City received 10 bids from qualified contractors to
construct the Sumner and Heald Avenue Pavement Rehabilitation. The City bid both
Phase I (Base Bid) and Phase II (Additive Alternate) to try to obtain a cost saving
through economy of scope due to the increase in construction quantities. The bids
received were lower than anticipated therefore the City will award both phases of this
project. The bids are as follows:
1. All American Asphalt $1,011,000.00
2. R.J. Noble Company $1,045,842.50
3. United Paving Company $1,074,673.00
4. Hardy & Harper $1,123,000.00
AGENDA ITEM NO. 5
Page 1 of 51
Sumner and Heald Avenue Pavement Rehabilitation
Phase 1 and Phase II
January 24, 2012
5. Silvia Construction Inc. $1,197,374.00
6. EBS, Inc. $1,203,680.00
7. Laird Construction Co. $1,278,872.50
8. Excel Paving Company $1,284,933.00
9. Cooley Construction, Inc. $1,371,467.50
10.Vance Corporation $1,391,585.00
The engineer's estimate for this project is $1,350,195.00
Proposals for Geotechnical Construction Services were sent to selected consultants on
December 20, 2011, with a due date of January 10, 2012. The City sent Request for
Qualifications and Proposals to Leighton Consultants, Inc., LOR Geotechnical Group.
Inc., and City and County Soil Engineering and Testing Corporation, Inc., staff reviewed
the proposals from these firms and selected City and County Soil Engineering and
Testing Corporation, Inc.
Proposals for Construction Survey Services were requested on December 20, 2011,
with a due date of January 11, 2012. Request for Qualifications and Proposals were
sent to KDM Meridian, TKEngineering, and DMC Design Group, Inc., staff reviewed the
proposals from these firms and selected DMC Design Group, Inc. The review found
these proposals to be consistent with the requirements of the Request for Proposals.
Estimated Project Schedule:
City Council Award January 24, 2012
Notice To Proceed February 27, 2012
Construction Completion Date May 15, 2012
Notice of Completion June 12, 2012
Fiscal Impact
The Project will be funded by the following accounts:
108 Proposition 1B $ 708,143
110 Gas Tax $ 385,858
110 Proposition 42 $ 20,000
150 CDBG $ 50,000
Total $1,164,531
Estimated Construction Budget:
All American Asphalt $1,112,100.00
DMC Design Group Construction Survey $ 81,378.00
City & County Soil Engineering and Testing Corp. $ 36,695.00
Inspection and Contract Administration $ 20,000.00
Page 2 of 51
Sumner and Heald Avenue Pavement Rehabilitation
Phase I and Phase II
January 24, 2012
Total $1,250,173.00
Recommendation
1. Award Sumner and Heald Avenue Pavement Rehabilitation Phase I and Phase II to
All American Asphalt for the amount of $1,112,100.00 with a 10% contingency.
2. Authorize the City Manager to execute the contract with All American Asphalt.
3 Authorize the City Manager to execute the contract with City & County Soil
Engineering and Testing Corp in the amount of $36,695.00.
4 Authorize the City Manager to execute the contract with DMC Design Group in the
amount of $81,378.00.
5. Authorize the use of Fund 110 Gas Tax in the amount of $90,000.00
Prepared by: Peter Ramey &,_
Project Engineer
Ken Seumalo ifitC
Director of Public Works
Approved by: Robert A. Brady4]
City Manager ,/�
Attachments: Vicinity Map
Page 3 of 51
7 \ SI: ,, ,,, \
.
\r ''''. \\ < \ K <> // # ///' \.,\ / 1 )\ i is ' ,,.,, . * A. .77 tririrry're
/,,// \\,/ ./: ..... ... . •
s -- 4, I'''. . \\ 1 •'.
40%. A.. •.:. ' N.,
r 1 * '''e'*)ti% \\\ . '' \ '.
ti.. ...,�
(-- I♦ ♦♦J ' � / .. .. Project Area
fL ♦♦
.,..,6, .pi i i t .6 ' . ' ' ' # \/ \------ — - ""Z . "‘•
•
A,,, s .. , Elsinore----
fir. • t � � l te, , � ,�, a :..
,�
T
' � \ "} «gy p ., ; . T r ` J „ ( ( J A I J / ? _ J q v 1
'
7 jy 41*
. i , ! I ^ ,.� 1 Y i t . "^9.,,. j
� y�,� ��' y� I , � 11r, j/�jy�j � r
c,. - I* ' fg; #. -, /„.„, l'uw ' • miiiiiiiu„,„. ' /' . Ar ''''' f -- I , —,i ) 4/ ''''
,---..... IF*, b .„ , : _ _ , , , il ''' it
i 8 4 „„
f
Eft ' ' - '''
7''''' "rte: , � ' / ' 1 i ' ittikw'.'1* 0; /
, e.4*. iii * I * -- - # ll '''' ,01 ---1 g 1 ilia'
/ ,,, , drif it. 474.010, ...,,t4i , /,:.:/ i -7,-,„ --,. 1
/ / 4 ' 1 I . * --- * . ir '''-''' '- ii ' 4 /'*1
+ • /..,,, illt / "7 " • - il lilltrigi ii ./
PROJECT AREA ► t 7 � . ,
y y� , i j , /F �y, !+ ( 7 . �J { � j ` J fy J j { ' �.Ir j / y..
� '--:---1--- , _ . ". 4 _ t \.. � ir
rr'/ IV> - • ! it l am, ~ ' , ' 7 // i"-T '4*.*°7' ftit "
'r /ft ` u hf 1s �.
a � I . , •
0 245 490 +380 Feet f w.� x2.7.. �.RR • l.
•1.. 1
CETY QF w -,
LAKE LSII`IUR,F PAVEMENT REHABILITATION LV'
'REAM EXTREME SUMNER AND HEALD AVENUES
City Of Lake Elsinore BETWEEN MAIN AND CHANEY STREETS Prepared ay:
Lake Elsinore GIS
130 S. Main St.
PROJECT ID NUMBER: STR -0035 Data Sources:
Lake Elsinore, CA 92530 City of Lake Elsinore GIS
(951) 674 - 3124 PROJECT NUMBER: 4349 Riverside County GIS
www.lake- elsinore.org Stateplane Nad83
Pagc 1lof51
Agreement No.
AGREEMENT
PROJECT NO. 4349
SUMNER AND HEALD AVENUE
PAVEMENT REHABILITATION
This Contract Agreement, made and entered into as of the date signed by the Mayor, by and between the
City of Lake Elsinore, a municipal corporation, County of Riverside, State of California, hereinafter called the
"City" and All American Asphalt hereinafter called the "Contractor."
That the City and the Contractor for the consideration hereinafter named, agree as follows:
1. The complete Contract includes all of the Contract documents as if set forth in full herein, to wit, the
Contract Agreement, any and all federal contract requirements attached or not attached hereto, any and all
Contract Change Orders issued after the execution of the Contract Agreement, Addenda No(s). _ issued
prior to the opening of the Bids, the Special Provisions (which includes the General Provisions and
Technical Provisions), the Project Plans, the Standard Plans, the Standard Specification, reference
Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non - Collusion Affidavit, Federal
provisions and requirements, any and all Federal Certifications, the Faithful Performance Bond, the Labor
and Materials Payment Bond and insurance, all of which are essential parts of this Contract and made a
part of this Contract Agreement. In the event of any conflict in the provisions thereof, the terms of said
Contract documents as set forth above shall control, each over the other, in the order provided.
2. The Contractor shall furnish all materials, tools, equipment and labor, except as otherwise provided
in the Plans or Special Provisions, and will perform all the work which is necessary to complete in a good,
workmanlike and substantial manner the above said project in accordance with the Contract documents for
this project, the Contract documents which are hereby specifically referred to and by such reference made a
part hereof.
3. The City will pay the Contractor and the Contractor agrees to receive and accept the prices set forth
in the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to
wit, the Base Bid Item(s) and Additive Bid Item(s) in the sum total amount of $ 1,011,000.00 , subject to
additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all
materials and for doing all the work contemplated and embraced under this Contract Agreement; for all Toss
or damages arising out of the nature of the work aforesaid, or from the action of the elements, or from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work,
until the work is accepted by the City Council; for all expenses incurred by or in consequence of the
suspension or discontinuance of work; and for well and faithfully completing the work, the whole thereof, in
the manner and in accordance with the Contract documents therefore and the requirements of the Engineer
under them.
4. The Contractor hereby agrees to commence work pursuant to this Contract within fourteen (14)
calendar days after the date of authorization specified in the Notice to Proceed. The Contractor agrees to
diligently prosecute the contracted work, including corrective items of work, day to day thereafter, to
completion, within Eighty (80 ) working days after said date in the "Notice to Proceed with Construction,"
except as adjusted by subsequent Contract Change Order(s).
5. The City and Contractor hereby agree that in case all construction called for under the Contract is
not completed within the time hereinabove specified, including City caused delays or extensions, damages
will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and
determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay.
Page 5 of 51
AGREEMENT
PROJECT NO. 4349
It is, therefore, agreed that such damages shall be presumed to be in the amount of $500.00 per calendar
day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to
Contractor, said amount for each calendar day by which the Contractor fails to complete the work, including
corrective items of work, under this Contract Agreement within the time hereinabove specified and as
adjusted by Contract Change Order(s). The Contractor will not be assessed liquidated damages for
delay(s) occasioned by the failure of the City or of the owner of a utility to provide for the removal or
relocation of utility facilities.
6. The Contractor shall name as additional insured, the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore (RDA), County of Riverside CDBG and shall furnish the
City with a certificate of insurance evidencing liability insurance policy or policies which shall provide
coverage for owned and non -owned automobiles; manufacturers and Contractor's liability; broad form
property damage in any case where the Contractor has any property belonging to the City in his care,
custody or control; owners and Contractor's protective liability; blanket contractual liability; products and
completed operations coverage; coverage for collapse, explosion, and where any excavation, digging or
trenching is done with power equipment; and shall bear an endorsement containing the following Provisions:
Solely as respect to work done by or on behalf of the named insured for the City of Lake
Elsinore, it is agreed that the City of Lake Elsinore, the Community Redevelopment Agency
of the City of Lake Elsinore (RDA), County of Riverside CDBG, its officers, employees and
agents, are added as additional insured under this policy and the coverage provided
hereunder shall be primary insurance and not contributing with any other insurance available
to the City of Lake Elsinore, California, the Community Redevelopment Agency of the City of
Lake Elsinore, its officers, employees and agents; under any third party liability policy.
It is further agreed that the other insurance provision(s) of the policy are amended to
conform therewith.
The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf.
Insurance companies providing insurance here under shall be rated (A minus: VII - Admitted) or better in
Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in
the State of California.
The terms of the insurance policy or policies issued to provide the below insurance coverage(s) shall not be
amended or canceled by the carrier without thirty (30) days prior written notice by certified or registered mail
of amendments or cancellation to the City, except that cancellation for non- payment of premium shall
require (10) days prior written notice by certified or registered mail. In the event the said insurance is
canceled, the Contractor shall, prior to the cancellation date, submit to the City Clerk new evidence of
insurance in the amounts established.
All liability insurance policies shall bear an endorsement or shall have an attached rider which provides that
the City of Lake Elsinore will be notified by certified or registered mail at least 30 days prior to the effective
date of cancellation, non - renewal, or material alteration of such policy.
All liability insurance shall cover comprehensive general liability for both bodily injury (including death) and
property damage, including but not limited to aggregate products, aggregate operations, aggregate
protective and aggregate contractual with the following minimum limits:
26
Page 6 of 51
AGREEMENT
PROJECT NO. 4349
Each Person Each Occurrence Aggregate
Bodily injury $500,000.00 $1,000,000.00 $2,000,000.00
Property Damage - -- $1,000,000.00 $2,000,000.00
A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00 for each
occurrence will be considered equivalent to the above minimum limits for Comprehensive General Liability.
Property Damage Insurance shall cover full replacement value for damages to any property caused directly
or indirectly by or from acts or activities of the Contractor or its sub - contractors or any person acting for the
Contractor or under its control or direction.
The Contractor shall procure and maintain, at its sole expense, and throughout the term of this Contract
Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned
and non -owned automotive equipment operated. Such coverage limits shall not be less than $1,000,000
combined single limit.
Any deductibles or self- insured retention must be declared to and approved by the City. At the option of the
City, either: the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the
City, its officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing
payment of losses and related investigation, claim administration, and defense expenses.
The Contractor shall also furnish the City with a certificate evidencing Worker's Compensation Insurance
with limits as established by the State of California.
The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein.
7. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety
Bonds for one hundred percent (100 %) each of the contract price. The bonds shall be a "Faithful
Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials
Payment Bond" which shall secure the payment of the claims of labor, mechanics, or materialmen for all
work under the Contract pursuant to Section 3247 of the Civil Code.
8. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns guarantee
that all work performed under this Contract fully meets the requirements thereof as to quality of
workmanship and materials furnished. If any defects in materials or workmanship become evident within a
period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at
his or her own expense, make any repair(s) or replacement(s) necessary to restore the work to full
compliance with the Plans and Specifications.
9. Contractor and owner do hereby acknowledge that this project will be partially or fully funded with
Community Development Block Grant (CDBG) funds [24CFR 570] and is therefore subject to applicable
Federal procurement, labor, environmental, equal opportunity, and other regulations.
10. Contractor shall maintain and keep records on the current basis, recording all transactions pertaining
to this agreement in a form in accordance with generally acceptable accounting principles. Said books and
records shall be made available to the County, the City of Lake Elsinore, the State of California, the Federal
government, and to any authorized representative thereof for the purposes of audit at all reasonable times
27
Page 7of51
AGREEMENT
PROJECT NO. 4349
and places. All such books and records shall be retained for such periods of time as required by law,
provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting
detail shall be retained for a period of at least four (4) years after the expiration of the term of this
Agreement.
11. Contractor shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC a -276, a -5) and
the implementation regulations thereof. Contractor shall comply with the U.S. Department of Housing and
Urban Development's Federal Labor Standards Provisions (HUD 4010). Contractor acknowledges that the
applicable wage Determination for this project is:
General Decision Number: CA 2Q080036
Modification Number: 34
Date:11 /04/2011
12. Section 3 Compliance: The contractor hereby acknowledges that this federally- funded project is
subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701 u and 24 CFR Part
135] and agrees to the following:
A. The work to be performed under this contract is subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (Section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD - assisted projects covered by Section 3, shall, to the
greatest extent feasible, be directed to low- and very low- income persons, particularly persons
who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this
contract certify that they are under no contractual or other impediment that would prevent them
from complying with the Part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the contractor's
commitment under this Section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The
contractor will not subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
Part 135.
E. The contractor will certify that any vacant employment positions, including training positions,
that are filled (1) after the contractor is selected but before the contract is executed, and (2)
with persons other than those to whom the regulations of 24 CFR Part 135 require
employment opportunities to be directed, were not filled to circumvent the contractor's
obligations under 24CFR Part 135.
28 Page 8 of 51
AGREEMENT
PROJECT NO. 4349
F. Noncompliance with HUD regulations in 24 CFR Part 135 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self- Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to
comply with Section 3 to the maximum extent feasible, but not in derogation of compliance
with Section 7(b).
13. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the
substitution of securities for any monies withheld by the City of Lake Elsinore to ensure performance under
Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall
be deposited with the City of Lake Elsinore, or with a state or federally chartered bank as the escrow agent,
who shall pay such monies to the Contractor. Securities eligible for substitution under this section shall
include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of
deposit, interest - bearing demand deposit accounts, and standby letters of credit. The Contractor shall be
the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or
interest thereon. The Contractor shall give the City written notice within thirty (30) days after the Contract is
awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted
securities are deposited into an escrow, the escrow shall be governed by a written escrow Contract
Agreement in a form which is substantially similar to the Contract Agreement set forth in Section 22300, of
the Public Contract Code.
14. The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore (RDA), the County of Riverside (CDBG), its officers,
agents, and employees harmless from any and all liability, claims, damages or injuries to any person,
including injury to the Contractor's employees and all claims which arise from or are connected with the
negligent performance of or failure to perform the work or other obligations of this Contract Agreement, or
are caused or claimed to be caused by the negligent acts of the Contractor its officers, agents, employees,
sub - contractors or suppliers, and all expenses of investigating and defending against the same; provided,
however, that this indemnification and hold harmless shall not include any claims arising from the sole
negligence or willful misconduct of the City, RDA, and CSD, its officers, agents, or employees.
The obligation to indemnify, defend and hold harmless set forth herein shall include, without limitation, any
and all attorney's fees incurred by the party to be indemnified, defended, or held harmless, whether in a
judicial or administrative action or in arbitration, and whether the issue is between the parties or involves
one or more third parties.
15. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree
to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily
or by action of law, assign any obligation assumed by the Contractor hereunder without prior written consent
of the City.
29 Page 9 of 51
AGREEMENT
PROJECT NO. 4349
16. Should either party bring any legal or equitable action for the purpose of protecting or enforcing its
rights under this Contract Agreement, the prevailing party in such action shall recover in addition to all other
relief, its reasonable attorney's fees and court costs to be fixed by the court.
In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its attorneys'
fees incurred in any post judgement proceedings to enforce any judgments in connection with this Contract
Agreement. The Provision is separate and several and shall survive the merge of this Provision into any
judgement.
17. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section
3700, of the Labor Code which require every employer to be insured against liability for Workers'
Compensation or to undertake self- insurance in accordance with the Provisions of that code, and I will
comply with such Provisions before commencing the performance of the work of this Contract.
18. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City
of Lake Elsinore.
19. Contractors are required by law to be licensed and regulated by the Contractors' State License
Board. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License
Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento,
CA 95826.
20. PRE - CONSTRUCTION CONFERENCE
After execution of the Contract Documents, the Contractor and all sub - contractors shall attend a pre -
construction conference with representatives of the County of Riverside Economic Development Agency
and Owner. The Conference will serve to acquaint the participants with the Federal Regulations and Labor
Compliance requirements under which construction is to proceed
(SIGNATURE PAGE FOLLOWS)
30 Page 10 of 51
AGREEMENT
PROJECT NO. 4349
CITY OF LAKE ELSINORE, All American Asphalt
Municipal Corporation
BY: License No./
Financial Administrative Services Director/ Classification: 267073 A, C -12
City Manager /Mayor
(Select only one please) Expiration Date: January 31, 2012
DATE: Federal I.D. No.: 95- 2595043
INTERNAL USE ONLY
PRINT NAME:
ATTEST:
SIGNATURE:
City Clerk TITLE:
(only needed if Mayor signs)
DATE:
APPROVED AS TO LEGAL FORM: Date
City Attorney
PRINT NAME:
Date SIGNATURE:
RECOMMENDED FOR APPROVAL: TITLE:
Department Head DATE:
(if contract exceeds $15,000) Date
Date
SIGNING INSTRUCTION TO THE CONTRACTOR:
All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a
notary public.
General Partners must sign on behalf of the partnership.
In the event that the contracting firm is a corporation, two (2) corporate officer's having authority
from the corporation MUST sign (two (2) signatures total). If the corporation has a corporate
resolution stating that one person is authorized to sign on behalf of all officers, attach corporate
resolution immediately following the notary certificates. Corporate Seal may be affixed hereto.
ATTACHED AS PART OF THE AGREEMENT ARE THE FOLLOWING:
1. Federal Provisions and Requirements
2. Davis -Bacon Wage Determination, General Decision: CA 20080036 Date: 11/04/2011
Page 11 of 51
31
Equal Employment U.S. Department of Housing Department of Veterans Affairs
Opportunity Certification and Urban Development
Excerpt From 41 CFR §60- 1.4(b) Office of Housing
Federal Housing Commissioner
The applicant hereby agrees that it will incorporate or cause to (6) In the event of the contractor's noncompliance with the
be incorporated into any contract for construction work, or nondiscrimination clauses of this contract or with any of the
modification thereof, as defined in the regulations of the said rules, regulations, or orders, this contract may be
Secretary of Labor at 41 CFR Chapter 60, which is paid for in canceled, terminated, or suspended in whole or in part and
whole or in part with funds obtained from the Federal the contractor may be declared ineligible for further
Government or borrowed on the credit of the Federal Government contracts or federally assisted construction
Govemment pursuant to a grant, contract, loan insurance, or contracts in accordance with procedures authorized in
guarantee, or undertaken pursuant to any Federal program Executive Order 11246 of September 24, 1965, and such
involving such grant, contract, loan, insurance, or guarantee, the other sanctions may be imposed and remedies invoked as
following equal opportunity clause. provided in Executive Order 11246 of September 24, 1965,
or by rule, regulation, or order of the Secretary of Labor, or
During the performance of this contract, the contractor agrees as as otherwise provided by law.
follows: (7) The contractor will include the portion of the sentence
(1) The contractor will not discriminate against any employee or immediately preceding paragraph (1) and the provisions of
applicant for employment because of race, color, religion, paragraphs (1) through (7) in every subcontract or purchase
sex, or national origin. The contractor will take affirmative order unless exempted by rules, regulations, or orders of the
action to ensure that applicants are employed, and that Secretary of Labor issued pursuant to section 204 of
employees are treated during employment without regard to Executive Order 11246 of September 24, 1965, so that such
their race, color, religion, sex, or national origin, such action provisions will be binding upon each subcontractor or
shall include, but not be limited to the following: vendor. The contractor will take such action with respect to
Employment, upgrading, demotion, or transfer; recruitment any subcontract or purchase order as the administering
or recruitment advertising; layoff or termination; rates of pay agency may direct as a means of enforcing such provisions,
or other forms of compensation; the selection for training, including sanctions for noncompliance: Provided,
including apprenticeship. The contractor agrees to post in however, that in the event a contractor becomes involved
conspicuous places, available to employees and applicants in, or is threatened with, litigation with a subcontractor or
for employment, notices to be provided setting forth the vendor as a result of such direction by the administering
provisions of this nondiscrimination clause. agency the contractor may request the United States to
(2) The contractor will, in all solicitations or advertisements for enter into such litigation to protect the interests of the United
employees placed by or on behalf of the contractor, state States.
that all qualified applicants will receive consideration for The applicant further agrees that it will be bound by the above
employment without regard to race, color, religion, sex, or equal opportunity clause with respect to its own employment
national origin.
(3) The contractor will send to each labor union or practices when it participates in federally assisted construction
representative of workers with which it has a collective work:
bargaining agreement or other contract or understanding, a Provided, That if the applicant so participating is a State or local
notice to be provided advising the said labor union or government, the above equal opportunity clause is not applicable
workers' representatives of the contractors commitments to any agency, instrumentality or subdivision of such govemment
under this section, and shall post copies of the notice in which does not participate in work on or under the contract.
conspicuous places available to employees and applicants
for employment. The applicant agrees that it will assist and cooperate actively with
(4) The contractor will comply with all provisions of Executive the administering agency and the Secretary of Labor in obtaining
Order 11246 of September 24, 1965, and of the rules, the compliance of contractors and subcontractors with the equal
regulations, and orders of the Secretary of Labor, or opportunity clause and the rules, regulations, and relevant order
pursuant thereto, and will permit access to its books, of the Secretary of Labor, that it will furnish the administering
records, and accounts by the administering agency and the agency and the Secretary of Labor such information as they may
Secretary of Labor for purposes of investigation to ascertain require for the supervision of such compliance, and that will
compliance with such rules, regulations, and relevant orders otherwise assist the administering agency in the discharge of the
of the Secretary of Labor. agency's primary responsibility for securing compliance.
(5) The contractor will furnish all information and reports The applicant further agrees that it will refrain from entering into
required by Executive Order 11246 of September 24, 1965, any contract or contract modification subject to Executive Order
and by rules, regulations, and orders of the Secretary of 11246 of September 24, 1965, with a contractor debarred from, or
Labor, or pursuant thereto, and will permit access to its who has not demonstrated eligibility for, Government contracts
books, records, and accounts by the administering agency and Federally- assisted construction contracts pursuant to the
and the Secretary of Labor for purposes of investigation to Executive order and will carry out such sanctions and penalties
ascertain compliance with such rules, regulations, and for violation of the equal opportunity clause as may be imposed
orders.
Firm Name and Address By
Title
form HUD -92010 (1/82)
Page 12 of 51 VA form 26 -421
32
upon contractors and subcontractors by the administering (5) The contractor will furnish all information and reports
agency or the Secretary of Labor pursuant to Part II, Subpart D required by Executive Order 10925 of March 6, 1961, as
of the Executive order. In addition, the applicant agrees that if it amended, and by the regulations, and orders of the said
fails or refuses to comply with these undertakings, the Committee, or pursuant thereto, and will permit access to his
administering agency may take any or all of the following actions: books, records, and accounts by HUD and the Committee for
Cancel, terminate, or suspend in whole or in part this grant purposes of investigation to ascertain compliance with such
(Contract, loan, insurance, guarantee); refrain from extending regulations, and orders.
any further assistance to the applicant under the program with (6) In the event of the contractor's non - compliance with the
respect to which the failure or refund occurred until satisfactory nondiscrimination clause of this contract or with any of the said
assurance of future compliance has been received from such regulations, or orders, this contract may be cancelled, terminated
applicant; and refer the case to the Department of Justice for or suspended in whole or in part and the contractor may be
appropriate legal proceedings. declared ineligible for further Govemment contracts or Federally -
Excerpt from HUD Regulations assisted construction contracts in accordance with procedures
200.410Definition of term "applicant ". authorized in Executive Order 10925 of March 6, 1961, as
amended, and such other sanctions may be imposed and
(a) In multifamily housing transactions where controls over the remedies invoked as provided in the said Executive Order or by
mortgagor are exercised by the Commissioner either regulations, or order of the President's Committee on Equal
through the ownership of corporate stock or under the Employment Opportunity, or as otherwise provided by law.
provisions of a regulatory agreement, the term "applicant" as
used in this subpart shall mean the mortgagor. (7) The contractor will include the provisions of Paragraphs (1)
(b) In transactions other than those specified in paragraph (a) of through (7) in every subcontract or purchase order unless
this section, the term "applicant" as used in this subpart exempted by regulations, or orders of the President's Committee
shall mean the builder, dealer or contractor performing the on Equal Employment Opportunity issued pursuant to Section
construction, repair or rehabilitation work for the mortgagor 303 of Executive Order 10925 of March 6, 1961, as amended, so
or other borrower. that such provisions will be binding upon each subcontractor or
200.420Equal Opportunity Clause to be included in contracts vender. The contractor will take such action with respect to any
and subcontracts. subcontract or purchase orders as HUD may direct as a means of
(a) The following equal opportunity clause shall be included in enforcing such provisions, including sanctions for noncompliance:
each contract and subcontract which is not exempt: Provided, however, that in the event the contractor becomes
During the performance of this contract, the contractor involved in, or is threatened with, litigation with a subcontractor or
agrees as follows: vender as a result of such direction by HUD, the contractor may
(1) The contractor will not discriminate against any request the United States to enter into such litigation to protect
the interests of the United States.
employee or applicant for employment because of race,
creed, color, or national origin. The contractor will take 200.425Modificaiton in and exemptions from the regulations in
affirmative action to ensure that applicants are employed, this subpart.
and that employees are treated during employment without (a) The following transactions and contracts are exempt from
regard to their race, creed, color, or national origin. Such the regulations in this subpart:
action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or (1) Loans, mortgages, contracts and subcontract not
recruitment advertising; layoff or termination; rates of pay or exceeding $10, 000.
other forms of compensation; and selection for training, (2) Contract and subcontracts not exceeding $100,000 for
including apprenticeship. The contractor agrees to post in standard commercial supplies or raw material;
conspicuous places, available to employees and applicants
for employment, notices to be provided setting forth the (3) Contracts and subcontracts under which work is to be
provisions of the nondiscrimination clause. or has been performed outside the United States and where
(2) The contractor will in all solicitations or advertisements no recruitment of workers within the United States is
for employees placed by or on behalf of the contractor, state involved. To the extent that work pursuant to such contracts
that all qualified applicants will receive consideration for is done within the United States, the equal opportunity
employment without regard to race, creed, color, or national clause shall be applicable;
origin. (4) Contracts for the sale of Government property where
(3) The contractor will send to each labor union or no appreciable amount of work is involved; and
representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a (5) Contracts and subcontracts for an indefinite quantity
notice, to be provided, advising the said labor union or which are not to extend for more than one year if the
workers' representative of the contractors commitments purchaser determines that the amounts to be ordered under
under this section, and shall post copies of the notices in any such contract or subcontract are not reasonably
conspicuous places available to employees and applicants expected to exceed $100, 000 in the case of contracts or
for employment. subcontracts for standard commercial supplies and raw
(4) The contractor will comply with all provisions of materials, or $10,000 in the case of all other contracts and
Executive Order 10925 of March 6, 1961, as amended, and subcontracts.
of the regulations, and relevant orders of the President's
Committee on Equal Employment Opportunity created
thereby.
Form HUD -2992 (3/98)
Page 13 of 51
33
BOND NO.
PREMIUM $
FAITHFUL PERFORMANCE BOND
(100% of Total Contract Amount)
PROJECT NO. 4349
SUMNER AND HEALD AVENUE
PAVEMENT REHABILITATION
KNOW ALL MEN AND WOMEN BY THESE PRESENTS:
THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has
awarded to All American Asphalt, as Principal hereinafter designated as 11 Contractor' and have entered into
a Contract Agreement whereby the Contractor agrees to construct install and complete certain
designated public improvements, which said Contract Agreement, dated , 2012_,
and identified as Project No. 4349, is hereby referred to and made a part hereof; and
WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond
guaranteeing the faithful performance of said Contract Agreement;
NOW THEREFORE, we the undersigned Contractor and , as
Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of
dollars, ($ ), lawful money of the United States, to be paid
to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and provisions in said Contract Agreement and any
alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Lake Elsinore, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and
effect. In the event suit is brought upon this bond by the City and judgement is recovered, the Surety shall
pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions
accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to
the work or the Provisions.
34 Page 14 of 51
FAITHFUL PERFORMANCE BOND
PROJECT NO. 4349
BOND NO.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this day of 2012.
CONTRACTOR SURETY
Name: Name:
Address: Address:
Telephone No.: Telephone No.:
By: By:
Attorney -in -Fact
Approved as to Form this
day of 2012
City Attorney
City of Lake Elsinore
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All
signatures must be acknowledged before a notary public (attach acknowledgments).
The attorney -in -fact for the corporate surety must be registered, as such, in at least one
county in the State of California. (Attach one original Power of Attorney sheet for each
bond).
35 Page 15 of 51
BOND NO.
PREMIUM $
LABOR AND MATERIALS PAYMENT BOND
(100% of Total Contract Amount)
PROJECT NO. 4349
SUMNER AND HEALD AVENUE
PAVEMENT REHABILITATION
KNOW ALL MEN AND WOMEN BY THESE PRESENTS
THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City ", has
awarded to All American Asphalt , as Principal hereinafter designated as "Contractor"
and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and
complete certain designated public improvements, which said Contract Agreement, dated
, 2012 and identified as Project No. 4349, is hereby referred to and made a part hereof; and
WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the
payment of claims of laborers, mechanics, materialmen, and other persons, as provided by law;
NOW, THEREFORE, we the undersigned Contractor and , as
Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of
dollars, ($ ), lawful money of the United States,
for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors,
administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the
State of California Civil Code, Section 3181, or amounts due under the Unemployment Insurance Code with
respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld,
and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her
subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such
work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum
specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this
bond by the City or other person entitled to bring such an action and judgement is recovered, the Surety
shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the
court.
This bond shall inure to the benefit of any of the persons described in the State of California Civil Code
Section 3181, to give a right of action to such persons or their assigns in any suit brought upon this bond.
36 Page 16 of 51
LABOR AND MATERIALS PAYMENT BOND
PROJECT NO. 4349
BOND NO.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on
this day of 2012
CONTRACTOR SURETY
Name: Name:
Address: Address:
Telephone No.: Telephone No.:
By: By:
Attorney -in -Fact
Approved as to Form this
day of , 2012
City Attorney
City of Lake Elsinore
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All
signatures must be acknowledged before a notary public (attach acknowledgments).
The attorney -in -fact for the corporate Surety must be registered, as such, in at least one
county in the State of California. (Attach one original Power of Attorney sheet for each
bond).
37 Page 17 of 51
Page 18 of 51
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement ") is made and entered into as
of the _ day of , 2012, by and between the City of Lake Elsinore, a
municipal corporation ( "City ") and City & County Soil Engineering and Testing Corporation
( "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 the completion of the project.
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 $36,695 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 19 of 51
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, newspaper, television or radio production or other similar medium
without the prior written consent of City.
Page 20 of 51
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 21 of 51
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, and the California
Department of Boating and Waterways (DBAW), 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 22 of 51
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 Tess 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 an AM Best 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 23 of 51
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: City & County Soil Engineering and Testing Corp.
Attn: Zen S. Bhatia P.E.,
2324 S. Vineyard Avenue Suite "B"
Ontario, CA 91761 -7764
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 24 of 51
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. Severabilitv. 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 25 of 51
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 26 of 51
EXHIBIT "A"
SCOPE OF SERVICES
Page 27 of 51
Job #C &C- Sumner -C 1.PRO
Page 1
December 29, 2011
Job #C &C- Sumner.- C1.PRO
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92530
Attention: Mr. Peter Remy, P. E., Project Engineer
Subject: Construction Geotechnical Engineering Services, Sumner and Heald
Avenue Pavement Rehabilitation Phase I, City of Lake Elsinore,
California. Project No. 4349
Reference: Your RFQ dated December 20, 2011
INTRODUCTION
Per your request, City & County Soil Engineering and Testing Corp. is pleased to
provide this cost estimate for the subject services. Our scope of work and estimated cost
of our work is based on your detailed RFP dated December 20, 2010 and attached
herewith:
COST ESTIMATE
(I) The cost of the above scope of work will be as follows:
(A,C,D,E) Maximum dry density tests; ASTM D -1557 -2000
2 nos. @ $120 /ea.... $240.00
Soil /aggregate sampling and gradation tests;
Gradation Tests as per ASTM D422; 2 @ $120 /ea $240.00
AC extraction/Gradation; 1 no; 1 @ $120 /ea $120.00
(B,F) Soil and Material Sampling, Compaction Testing and AC inspection
25 trips; 8 -hrs; 200 @ $80/hr. $16000.00
Nuke Gauge Charges.. 200hrs @ $3/hr... $300.00
Mileage...25 trips 90 mi /ea.2250 @ $0.70 /mi. $1575.00
Re- testing; 4 hrs; @$100/hr $400.00
(G) Project Engineer: Pre - construction meeting, consultation
report preparation etc. 10 hrs @ $120/hr. $1200.00
Total Estimated Cost ....$20,075.00
Page 28 of 51
Job #C &C- Sumner -C 1.PRO
Page 2
Please note that City & County Soil Engineering and Testing (CCSE &T) has provided
soil /concrete and AC material testing services including quality control assurance (Q /A)
on several public works projects of the City of Lake Elsinore for the last 15 years on
several large and small projects including Grand Avenue, Central Avenue, Lakeshore,
Lake Street, Railroad Canyon Road, Machado Road, Main street and Mission Trail Street
Improvements and Pavement Rehabilitation.
All quantities are estimated and subject to change; final quantities will be billed per the
above unit rates. Daily field report will be furnished to your site inspector, who will
verify the date and time worked.
Material tests other than the quoted above and Professional services related to
geotechnical engineering if required will be billed per our attached "Fee Schedule ".
We would like to assure you that the undersigned and the technical staff of this office
have sufficient experience to perform the subject work in a professional manner and on a
timely schedule.
We appreciate this opportunity to prepare this cost estimate and look forward to providing
efficient services to meet with your construction schedules.
Should you have any questions or need further information about the project work, please
do not hesitate to call this office.
Respectfully Submitted,
CITY & COUNTY SOIL ENGINEERING AND TESTING CORP.
Zen S. Bhatia, P.E., Principal Engineer
Current Fee Schedule
Company SOQ
Page 29 of 51
Job #C &C- Sumner -C 1.PRO
Page 1
December 28, 2011
Job #C &C- Sumner. - Cl.PRO
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92530
Attention: Mr. Peter Remy, P. E., Project Engineer
Subject: Construction Geotechnical Engineering Services, Sumner And Heald
Avenue Pavement Rehabilitation Phase II, City of Lake Elsinore,
California. Project No. 4349
Reference: Your RFQ dated December 20, 2011
INTRODUCTION
Per your request, City & County Soil Engineering and Testing Corp. is pleased to
provide this cost estimate for the subject services. Our scope of work and estimated cost
of our work is based on your detailed RFP dated December20, 2011 and attached
herewith:
COST ESTIMATE
(1) The cost of the above scope of work will be as follows:
(A,C,D,E) Maximum dry density tests; ASTM D- 1557 -2000
1 nos. @ $120 /ea.... $120.00
Soil /aggregate sampling and gradation tests;
Gradation Tests as per ASTM D422; 1 @$120/ea $120.00
AC extraction/Gradation; 2 no; $120 /ea $240.00
(B,F) Soil and Material Sampling, Compaction Testing and AC inspection
20 trips; 8 -hrs; 160 @ $80/hr '$12800.00
Nuke Gauge Charges.. 160hrs @ $3/hr... $480.00
Mileage...20 trips 90 mi /ea.1800 @ $0.70 /mi. $1260.00
Re- testing; 4 hrs; @$100/hr $400.00
(G) Project Engineer: Pre - construction meeting, consultation
report preparation etc.10 hrs @ $120/hr. $1200.00
Total Estimated Cost ....$16,620.00
Page 30 of 51
Job #C &C- Sumner -C 1.PRO
Page 2
Please note that City & County Soil Engineering and Testing (CCSE &T) has provided
soil /concrete and AC material testing services including quality control assurance (Q /A)
on several public works projects of the City of Lake Elsinore for the last 15 years on
several large and small projects including Grand Avenue, Central Avenue, Lakeshore,
Lake Street, Railroad Canyon Road, Machado Road, Main street and Mission Trail Street
Improvements and Pavement Rehabilitation.
All quantities are estimated and subject to change; final quantities will be billed per the
above unit rates. Daily field report will be furnished to your site inspector, who will
verify the date and time worked.
Material tests other than the quoted above and Professional services related to
geotechnical engineering if required will be billed per our attached "Fee Schedule ".
We would like to assure you that the undersigned and the technical staff of this office
have sufficient experience to perform the subject work in a professional manner and on a
timely schedule.
We appreciate this opportunity to prepare this cost estimate and look forward to providing
efficient services to meet with your construction schedules.
Should you have any questions or need further information about the project work, please
do not hesitate to call this office.
Respectfully Submitted,
CITY & COUNTY SOIL ENGINEERING AND TESTING CORP.
Zen S. Bhatia, P.E., Principal Engineer
Current Fee Schedule
Company SOQ
Page 31 of 51
EXHIBIT "B"
SCHEDULE OF CHARGES
Page 32 of 51
Job #C &C- Sumner -C 1.PRO
Page 3
Year 2010 —PREV -WAGES
PROFESSIONAL FEE SCHEDULE
Personnel
Technician 1
$ 80 per hour Project Engineer / Geotechnical $ 150.
Technician 11 $ 88 per hour Project Environmental Engineer /Geologist $ 90
per Technician
$ 88 er hour Project Hydrogeologist $ 90
Field Supervisor $ 95 per hour Project Geologist $ 90
Minimum 4 -hours for field work Senior Engineer /Geologist $ 90
Environmental Specialist I $ 80 per hour Senior Environmental Engineer /Geologist $ 90
Environmental Specialist II $ 80 per hour Senior Hydrogeologist $ 90
Mileage to and from the office to the site $ 0.8 mile Minimum 4 -hrs for Field Work
Field Engineer (Geologist I $ 80 per hour Associate Engineer /Geologist $ 150
Field Engineer UGeologist II $ 80 per hour Principal Engineer /Geologist $ 150
Special Dy. Inspector (Concrete /Str. Steel) $ 95 Per hour Court Testimony or Deposition (4 -hr Min) $ 250
Staff Engineer UGeologist I $ 85 per hour
Staff Engineer II/Geologist II $ 89 per hour Typist or other Clerical Personnel $ 45
Staff Environmental Engineer /Geologist $ 95 per hour Draftsperson $ 45
Word Processor $ 55
Equipment Char 2es
Vehicle usage for Field Services (Add to Personnel Charges where Applicable) $ 45 r
Truck with 125 or 200 Gallon Water Tank $ 80 r
Nuclear Soil Gauge $ 5 r
HNU Photoionization Meter $ 60 r
Drilling Rig, Mobil or CME —45 OR 61 $ 190 r
QED HR -4100 High Rate Purge Pump (1.77 inch Dia.) for Well Development $ 70 r
Brainard/Killman Hand Pump (1.77 inc Dia.) $ 75 r
Reimbursable Expenses
Equipment Rental (Drill Rig, Bucket Auger Rig, Backhoe, Etc.) Co:
Outside Services (Consultants, Outside Laboratory Tests, Etc.) Co:
Hazardous Materials Laboratory Tests Co:
Other Reimbursable Expenses (Maps, Airphotos, Reproduction, Etc.) Co:
Per Diem for Living Expenses $80 +
Geotechnical Laboratory Char 2es
Moisture Content $ 15 Direct Shear (Peak & Ultimate) i
Moisture and Density $ 35 Direct Shear (Residual) 1
Maximum Dry Density $ 120 Consolidation i
Sieve Analysis -Dry $ 140 Consolidation with Time Curve 3
Sieve Analysis- Washed $ 160 Unconfined Compression i
AC Extraction/Gradation $ 450 R -Value 3
Percent Passing #200 Sieve $ 80 Sulfate Concentration 1
Sand Equivalent $ 50 Resistivity/Ph i
Atterberg Limits $ 80 Concrete Compression Test i
Expansion Index $ 80 Chloride Concentration 3
Concrete, bituminous, and other material testing costs will be supplied upon request.Other geotechnical tests will be charged at an hourly rate of
Page 33 of 51
EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE
Page 34 of 51
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 day of , 201_ at
California.
Consultant
Not Applicable
Page 35 of 51
Page 36 of 51
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement ") is made and entered into as
of the _ day of , 2012, by and between the City of Lake Elsinore, a
municipal corporation ( "City ") and DMC Design Group ( "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 the completion of the project.
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 $81,378 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 37 of 51
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, newspaper, television or radio production or other similar medium
without the prior written consent of City.
Page 38 of 51
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 39 of 51
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, and the California
Department of Boating and Waterways (DBAW), 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 40 of 51
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not Tess 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.
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 an AM Best rating of no less than A: VII and shall be endorsed
with the following specific language:
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.
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 41 of 51
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: DMC Design Group, Inc.
Attn: David M. Cosper P.E. Q.S.D.
140 N. Maple Street Suite 104
Corona, CA 92880
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 42 of 51
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 43 of 51
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 44 of 51
EXHIBIT "A"
SCOPE OF SERVICES
Page 45 of 51
DMC Design Group, Inc.
Maple Centre
140 N. Maple St , Suite 104 m
Corona, CA 9`.. : :0
Mlit
(951) 549 -81111 Fax (951) 544-8102 DESIGN Gli
January 11, 2012
Peter Ramey, P.E.— Project Engineer
City of Lake Elsinore Engineering Division
130 South Main Street
Lake Elsinore, CA 92530
RE Proposal for Construction Survey Services – Sumner Avenue/Heald Avenue Pavement
Rehabilitation, Phases 1/II Project No. 4349
Dear Mr. Ramey:
DMC Design Group, Inc. will complete the services outlined in our January 11, 2012 Proposal for
Construction Survey Services – Sumner Avenue /Heald Avenue Pavement Rehabilitation, Phases HI,
Project No. 4349 for the following "Not to Exceed" fee:
Phase 1 and II Phase I Only
Task Description Not to Exceed Fee
Task 1 Project Management $3,530 $1,765
Task 2 Initial Project Construction Control $4,020 $2,010
Task 3 Construction Staking $46,000 $22,120
Task 4 Restaking (Budget) $2,640 $2,640
Task 5 Pre - Construction Monument Preservation $6,660 $2,890
Task 6 Post - Construction Monument Preservation $7,540 $3,770
Task 7 Record of Survey $9,780 $8,530
Phase 1 Sub -Total $80,170 $43,725
Direct Costs $1,208 $575
Total Not To Exceed Fee $81,378 $44,300
We look forward to working with the City of Lake Elsinore on this project and would very much like to
discuss our qualifications and project approach in greater depth. Should you have any questions or
concerns regarding DMC Design Group's qualifications, do not hesitate to contact us.
. ►,�
I 1 3�- � � up, , c.
4 W1611.- A IIII
David M. Cosper, P.E., Q.S.D.
Principal Engineer
Attachments
Resource Matrix
Hourly Rate Schedule
M:\DMC 2011 \I1 -087 CITY OF LAKE ELSINORE- CONSTRUCTION STAKING SERVICES\ PROPOSAL\ 012 FEE PROPOSAL - FEE LETTERdoc Page 46 of 51
N 0 { 2 p 5 �`rp$ � S n a"i op o; s Xi o ;4,27,4.19 Ti
J` H Q 4 N N H N M 2 HN NN N i J 0 O M OOO (
c W
�° 88 p (pp a p py app y p p S 1 O
p O ( O t0 10 g CO N O .- N O N f0 G�. D n W g $ p O o N g N
o ` W W �S W H H N ((33 t.- N N w N N r_6949494994 N N N *s a ( l ~ f9 N N N
3 § W Q
Et
•
i 8 N o N N CD [O, R O O e ^ �^
N � 8
U
s g a °o 03
po � sp
Q r O 40 N N g m
49 cr, 14
0 ( 2 ; 2
O. p y
0 O N O O N
o C N C O n ui
c
_ m
m
en m = 0 c N o
H O E
oo p E
j' N N (N7 N g m N S y i0
O. O i��JJ ,, 0 0J��� V O N N
C 4 c N L i I C J .
C
J °
O % , N
C
i3 C
N Q O Q Q S 2 0 0 N N CO N N Q O O O <o
0 as O O
W V N .n A g ° N w
0 ki d of m %�
ce U 0 V c
CO z us E z p 0
Z
65 C L C1 0 O O M H c c = O O N y
�+ N M ♦+ N 8 ,, O° 0 o vi O° o
J C) E"t W a3 0 x o V .v T K x m ( o 0
ce ° F m J m W N m J
W 7 > O d d m ~ w a g O o I- w a g
(n R Z U 9 W o: a w C! c n
C a V 3 I ° 0 Ci ° p D 2
O N 0 O — c aO Co 0o N l a co co O co,
LI- 4' N C) w rn 1.- t w o w
V C d ° ° p N d °(5 w
0 O y a R ' a °¢ _
L ° w
H 0 < a ° °
U g O ON OO.
V a, a : o
W W O
Z
O w t in
. N N
C ° O
Ca
CD O O N O O N
U W N F K O
C W Z W W M
0.1 O N Z N
Q d 0 6 Z
W
t
(1) N Q CO 0 M r Q N O 0 rs
E 0 m N W g N N
CO i Z N i z N
a i
X W F K W f
i r 0 0 0
= y U
J D 0 : J -I m
0 0 m F m
o = D 0
C 0 Q C Oc Q
° m g ° m g
o 3 °' F- z 2 m ~
o m
E. s° 2 a so d m
2 cc a s g a s
E U C m 0 U C d
0 co E ; o co a' E
0 CO U C C
2 c o 2 m
E" E a m c a> ! o ,. ,
&065'33t � c 2 W 8,86, - g J T i $
2 o m 2 2 c ° c m 2
m 2 r 5 (? E d_a .g =° • °
1 a 0 N N a) m
C O m O 2R. O N J O m
X U a! a s o! a �Uix a a_x
Yy 4- N C) Q i0 f0 1� N M Q �0 t0 I,. Q y w N N Y Y N Y Y h m H h y
m m m m m m m ro m m m r m
r r r r r r m r_ _ �rrrrrr
Page 47 of 51
EXHIBIT "B"
SCHEDULE OF CHARGES
Page 48 of 51
HOURLY RATE SCHEDULE
This hourly rate schedule is a part of DMC Design Group's proposal for Construction Survey Services —
Sumner and Heald Avenue Pavement Rehabilitation, Phases I and II, Project No. 4349, as outlined in our
Janaury 11, 2012 proposal submitted to the City of Lake Elsinore, and will be used to invoice the City of
Lake Elsinore for monthly progress payments and extra work incurred for the duration of the project.
OFFICE PERSONNEL
Expert Witness/Depositions $225/hr
Litigation Consultation $200/hr
Principal Consultant $175/hr
Project Manager $155/hr
Project Engineer $130/hr
Traffic Engineer $110/hr
Electrical Engineer $110/hr
CADD Manager $110/hr
Design Engineer $110/hr
CADD Operator $90/hr
Traffic Signal Systems Specialist $90/hr
Utility Coordinator $75/hr
Technician $65/hr
Word Processor $55/hr
Clerical $30/hr
FIELD PERSONNEL
Survey Manager (Prevailing Wage Rate) $125/hr
Two -Man Survey Party w/ Vehicle & Equipment (Prevailing Wage Rate) $220/hr
Field Technician (Prevailing Wage Rate) $75/hr
Public Works Inspector (Prevailing Wage Rate) $90/hr
SUPPORT & MISCELLANEOUS COSTS
CADD Work Station/Plotter $25/hr
Computer Time $16/hr
Electronic Distance Measuring Equipment $55/hr
Survey Trucks $0.50 /mile
Other Vehicles $0.36 /mile
Nuclear Gauge $75 /day
Manometer $20 /day
Slope Indicator $50 /day
Other Equipment Separate Schedule
An overtime premium multiplier of 1.25 will be applied to the billing rate of hourly personnel who work overtime in
order to meet a deadline which cannot be met during normal hous. Terms are net thirty (30) days with 1.5% per
month interest charges. This will be agreed to by both parties in writing prior to implementation of this multiplier.
The above schedule is for straight time hours.
Page 49 of 51
EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE
Page 50 of 51
EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE
1 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 day of , 201_ at
California.
Consultant
Not Applicable
Page 51 of 51