HomeMy WebLinkAbout2012-02-28 City Council Agenda Item No. 5CITY OF
LADE jLSIIYORX
DREAM EXTREME,.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: FEBRUARY 28, 2012
SUBJECT: CONTRACT AWARD FOR CONSTRUCTION SUPPORT
TO THE BICYCLE AND PEDESTRIAN IMPROVEMENTS
PROJECT ON RIVERSIDE DRIVE - PROJECT NO. 4356
Background
On February 8, 2011, City Council Awarded the design survey portion of this project to
CNC Engineering. The design of the sidewalk improvements were awarded to KDM
Meridian on April 26, 2011. On January 24, 2012, City Council Awarded the
Construction Contract to 4-Con Engineering, Inc. in the amount of $186,375.00. The
project includes new PCC sidewalks where existing curb and gutter exists with ADA
access ramps and a pedestrian bridge over the existing improved channel. Temporary
asphalt sidewalks are being placed where ultimate street improvements are missing.
The installation of the new sidewalk segments will provide safe pedestrian access to
Lakeside High School between Grand Avenue and the west entrance to Lakeside High
School. The City is currently waiting Caltrans approval of the sidewalk project.
Discussion
Proposals for Construction Survey Services were requested on January 27, 2012, with
a due date of February, 14, 2012. Request for Qualifications and Proposals were sent
to KDM Meridian, TKE Engineering, and DMC Design Group, Inc., staff reviewed the
proposals from these firms and selected KDM Meridian. The review found these
proposals to be consistent with the requirements of the Request for Proposals.
Proposals for Geotechnical Construction Services were sent to selected consultants on
January 27, 2012, with a due date of February, 14, 2012. The City sent Request for
Qualifications and Proposals to Leighton Consultants, Inc., Southern California Soil &
AGENDA ITEM NO. 5
Page 1 of 55
Consultant Contract Award
Bicycle and Pedestrian Improvements
Riverside Drive - Project No. 4356
February 28, 2012
Testing, Inc., and City and County Soil Engineering and Testing Corporation, Inc., staff
reviewed the proposals from these firms and selected Leighton Consultants, Inc.
Fiscal Impact
The Project will be funded by the following accounts:
Fund 112 Measure A $ 228,500.00
Fund 108 TDP Grant $ 66,388.00
Fund 112 SB-821 $ 103,500.00
Total $ 398,388.00
Design Services
CNC Engineering
$
18,962.51
KDM Meridian
$
44,375.00
Rubberized Sidewalk Panels
$
67,457.83
Miscellaneous
$
672.93
Design Administration
$ 13,076.20
Total Expensed to Date
$
144,544.47
Budget remaining for the project
$
253,843.53
Estimated Construction Budget:
4-Con Engineering, Inc. w/ 10% contingency $ 205,012.00
KDM Meridian Construction Survey $ 8,355.00
Leighton Consulting, Inc. $ 20,903.00
Inspection and Contract Administration $ 8,000.00
Total $ 242,270.00
Recommendations
1. Award the Construction Survey for the Bicycle and Pedestrian Improvements
Riverside Drive to KDM Meridian for the amount of $8,355.00.
2. Award the Geotechnical Testing for the Bicycle and Pedestrian Improvements
Riverside Drive to Leighton Consultants, Inc. for the amount of $20,903.00.
3. Authorize the City Manager to execute the contract with KDM Meridian.
4 Authorize the City Manager to execute the contract with Leighton Consultants, Inc.
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Consultant Contract Award
Bicycle and Pedestrian Improvements
Riverside Drive - Project No. 4356
February 28, 2012
Prepared by: Peter Ramey G) ti
Project Engineer
Ken Seumalo k
Director of Public Works
Approved by: Robert A. Brad
City Manager f
Attachments: Vicinity Map
Agreement Leighton Consultants, Inc.
Agreement KDM Meridian
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Page 4 of 55
VICINITY MAP
INTERIM SIDEWALK DESIGN
RIVERSIDE DRIVE/GRAND AVENUE
ROJECT SITE
Page 5 of 55
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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 KDM Meridian ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special
services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
C. City desires to retain Consultant to render professional consulting services and related
work as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described on Exhibit A which
is attached hereto and incorporated herein by reference. Consultant shall provide said services
at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of
this Agreement and shall continue for a period of one (1) year or as specified in the Consultants
proposal.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $ 8.355.00 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
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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.
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8. Consultant's Books and Records
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges
for services, or expenditures and disbursements charged to City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Consultant
to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records 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).)
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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.
1. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition,
Consultant shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any
notice of cancellation or non-renewal of all Workers' Compensation policies must
be received by the City at least thirty (30) days prior to such change. The insurer
shall agree to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed by Consultant
for City. In the event that Consultant is exempt from Workers' Compensation
Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California, Consultant shall complete
and submit to the City a Certificate of Exemption from Workers Compensation
Insurance in the form attached hereto as Exhibit B.
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Il. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury and property
damage. If a commercial general liability insurance form or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
III. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of
the Consultant arising out of or in connection with the work to be performed
under this Agreement, including coverage for owned, hired and non-owned
vehicles, in an amount of not less than one million dollars ($1,000,000) combined
single limit for each occurrence.
IV. Professional Liability Coverage. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance
shall not be less than one million dollars ($1,000,000) on a claims-made annual
aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing AM Best's rating of no less than A: VII and shall be endorsed
with the following specific language:
I The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured's with respect to liability
arising out of work performed by or on behalf of the Consultant, including
materials, parts or equipment furnished in connection with such work or
operations.
II. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City
may have shall be considered excess insurance only and shall not contribute
with it.
III. This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
IV. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents, or volunteers.
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VI. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option, Consultant shall
demonstrate financial capability for payment of such deductibles or self-insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to
the other party at the address set forth below. Notice shall be deemed communicated within 48
hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: KDM Meridian
Attn: Richard C. Maher
22541 Aspan Street, Suite C
Lake Forest, CA 92630
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications,
including correspondence, drafts, memoranda, and representations, are superseded in total by
this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to
City for entering into this Agreement is the professional reputation, experience and competence
of Consultant and the subcontractors listed in Exhibit C. 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.
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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.
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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
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EXHIBIT "A"
SCOPE OF SERVICES
[INSERT]
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K D M MERIDIAN
CIVIL ENGINEERING AND LAND SURVEYING
February 13, 2012
Mr. Peter Ramey, P.E. Project Engineer
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
KDMM P1202-02
Subject: -Bicycle and Pedestrian Improvements - Riverside Drive
Project No. 4356
Construction Staking Services - City of Lake Elsinore
Dear Peter:
KDM Meridian is pleased to provide the City of Lake Elsinore with this proposal for Construction
Staking Services.
We propose to provide construction staking and related office calculations and support on a
Time and Material Basis, with all work to be tracked and organized for invoicing based upon
written request for staking forms. Our scope and not-to-exceed fee are as follows:
Scope of Services:
1) Horizontal and Vertical control
a) Research County of Riverside Surveyor's office for Corner Records within project limits
b) Establish and re-establish horizontal and vertical control within project area
2) Construction Staking (Maximum of once only for construction)
a) Set stakes for limits of work & removal limits/paving base
b) Staking for PCC ramp (1)
c) Set stakes for AC Berm @25' intervals for 200 LF
d) Set stakes for C/L of driveway (1)
e) Pedestrian Bridge Staking (as needed)
f) All staking calculations field survey management, scheduling, meetings and project
coordination
g) Monumentation Perpetuation - tie out and re-set survey monuments, and submit pre &
post-construction corner records with the County Surveyors office
h) Re-staking (6 move-ins @ 2 hours each)
We will work closely with the City Inspector to review all construction staking requests, and
communicate with him for scheduling of staking, tracking requests, and all work related issues.
KDMM has reviewed the construction plans for this project. We believe that our field crews can
provide sufficient staking for the Contractor to build these improvements. Should the Contractor
require a different level of effort to facilitate completion of work, we anticipate that this will be
22541 Aspan Street, Suite C, Lake Forest, California 92630
Telephone: 949-768-0731 Facsimile: 949-768-3731 page 16 of 55
KDMMeridian.com
Mr. Peter Ramey, P.E. Page 2 of 2
Riverside Drive Street Improvements Project No. 4356 - City of Lake Elsinore 2113/2012
considered by City Staff; and, if required, we are prepared to provide this staking, should it be
deemed necessary and requested by City Staff.
All extra work (i.e.: re-staking, plan revisions, site revisions, including any or all items not
covered in scope) will be identified as extra or additional work on invoices.
All work done by survey field crews will be invoiced with accompanied certified payroll.
KDMM understands that this work will be calculated and staked from electronic files. All grades
to be provided will be straight grade unless elevations are provided within design plans. KDMM
will utilize pre-existing monumentation for all staking based upon information provided within
electronic files.
It is understood that all work for this project will be under the direction of City Staff and that the
Contractor will need to supply the City with a detailed written request for construction staking 48
hours prior to the start of work (Does not pertain to weekends). The Contractor must also
acknowledge that the City is providing staking for construction of work items on an as-needed
basis, and that any additional staking and re-staking must be approved by the City before work
is performed.
KDMM Not-To-Exceed Fees:
Construction Staking $ 3,805
Monumentation Perpetuation (2 @$550 EACH) $ 1,100
Re-Staking (6 @ $575 Each) $ 3,450
Thank you for this opportunity to provide surveying services to the City of Lake Elsinore. If you
have any questions with any portion of this proposal please do not hesitate to call.
Sincerely,
Richard C. Maher
President
KDM age1~fotIFdAN
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Certification for Contracts, Grants, Loans, and Cooperative Agreements
(Federal Fiscal Year 2011 to 2012)
I, Richard C. Maher, President of KDM Meridian, Inc., hereby certify on behalf
of The Lake Elsinore, that KDM Meridian, Inc.
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
of cooperative agreement.
(2) If any funds other than Federal appropriated funds
attempting to influence an officer or employee of any F
Congress, or an employee of a Member of Congres n
agreement, the undersigned shall complete and subr 1
or will be paid to any person for influencing or
of Congress, an officer or employee of
act, grant, loan, or cooperative
Form to Report Lobbying", in
accordance with its instructions.
(3) The undersigned shall require that t14 age of 's certific be included in the award documents for all
subawards at all tiers (including subgrants, contr sands contracts under grants, subgrants, loans, an
cooperative agreements) which exceed $100,000, that a uch subrecipients shall certify and disclose accordingly.
This certification is a material repres
- "U1
hon is reliance was placed when this transaction was made or
entered into. Submission of this certific n is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S. Code. Any p n who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not mor $100,000 for each such failure.
Executed this 13th of February, 2012.
By:
President, KDM Meridian, Inc.
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EXHIBIT "B"
SCHEDULE OF CHARGES
[INSERT]
Page 20 of 55
KDM MERIDIAN
Prevailing Wage
Fee Schedule
Valid Through October 1, 2012
PROFESSIONAL SERVICES:
Principal
QA/QC Manager
Project Manager
Project Surveyor
Project Engineer
Junior Engineer
Survey Technician
Engineering Technician
AutoCAD Drafter/Designer
Clerical/Administration
Technical Aide
Expert Witness (4 hour minimum)
Survey Crew (1 man w/truck)
Survey Crew (2 persons)
Survey Crew GPS (3 persons)
Survey Crew GPS (4 persons)
REIMBURSABLES:
Additional Survey Vehicle
Supplies, Reproduction, Rental of Special Equipment
Subconsultants
REMOTE SITES:
Fuel, lodging, Airfare
Meal Expense
Mileage
HOURLY RATE:
$180.00
$160.00
$160.00
$140.00
$140.00
$125.00
$115.00
$115.00
$100.00
$ 75.00
$ 75.00
$300.00
$178.00
$230.00
$306.00
$380.00
RATE:
$ 75/day
Cost + 15%
Cost + 15%
RATE:
Cost + 15%
$ 50/day/person
$ 0.55/mile
Note: Government Agencies and/or private landowner fees, map filings, research
materials, etc. are extra to contract costs.
These rates are dependant on prevailing wage rates as determined by the Director of
the Department of Industrial Relations. Interim changes will negate these rates and an
adjusted fee schedule will be issued, and shall apply should this occur.
Overtime pay will be charged at a rate of 150% as shown above. Double time pay will
be charged at a rate of 200% as shown above.
22541 Aspan Street, Suite C, Lake Forest, California 92630
Telephone: 949-768-0731 Facsimile: 949-768-3731
KDMMeddian.com
Page 21 of 55
EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE
[INSERT]
Page 22 of 55
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
Page 23 of 55
EXHIBIT "D"
LIST OF SUBCONTRACTORS
[INSERT]
Page 24 of 55
LIST OF SUBCONSULTANTS
PROJECT NAME:
PROJECT
CONSULTANT NAME:
Duplicate this form as necessary to report all subconsultant(s) information.
Page 25 of 55
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Page 27 of 55
EXHIBIT "E"
DISCLOSURE OF LOBBYING ACTIVITIES
[INSERT]
Page 28 of 55
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
❑ a. Contract
❑ a. Bid/offer/application
❑ a. Initial filing
b.. Grant
b. Initial award
b. Material change
c. Cooperative agreement
c. Post-award
For Material Change Only:
d. Loan
Year Quarter
e. Loan guarantee
Date of last report
f. Loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee. Enter Name
❑ Prime ❑Subawardee
and Address of Prime:
Tier if known
Congressional District, if known:
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
Vathmimber. if applicable
8. Federal Action Number, if known:
9. A rd Am
10. Name and Address of Lobbying Entity
b. Indivi Is Performing Services (including address if
(If individual, last name, first name, MI):
differen o. 10a)
(Last is , first name, MI):
11. Information requested through this form i thorized by i e
ii nature:
31 U.S.C. Section 1352. This disclosure of lobbyi ctivities is a
material representation of fact upon which reliance placed by
Print Name: Richard C. Maher
the tier above when this transaction was made or ante into. This
disclosure is required pursuant to 31 U.S.C. 1352. This i ion
Title: President
will be reported to the Congress semi-annually and will be ilable
for public inspection. Any person who fails to file the req red
disclosure shall be subject to a civil penalty of not less than $10,000
Telephone No.: 949 768-0731 Date: 02-13-2012
and not more than $100,000 for each such failure.
Federal Use Only:
I
Authorized for Local Reproduction
I
Standard Form - LLL(Rev. 7-97)
Standard Form LLL Rev. 06-04-90
Page 29 of 55
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or
receipt of covered Federal action or a material change to previous filing pursuant to Title 31 U.S.C. section 1352. The filing of a
form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an
officer or employee of any agency, a member of Congress an officer or employee of Congress or an employee of a Member of
Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the
form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing
guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a
covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted
report by this reporting entity for this covered Federal action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check
the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient.
Identify the tier of the subawardee, e.g., the first subawardee if the prime is the first tier. Subawards include but are not limited
to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawar " then enter the full name, address, city, state and zip code of
the prime Federal recipient. Include Congressional District, i
6. Enter the name of the Federal agency making the award or loa t. Include at least one organization level below
agency name, if known. For example, Departmen f Transpo ion, es oast Guard.
7. Enter the Federal program name or description for covered er cti 1). If known, enter the full Catalog of
Federal Domestic Assistance (CFDA) number for gr s, coopera greeme loans and loan commitments.
8. Enter the most appropriate Federal identifyn umber ilable fort Federal action identification in Item 1 (e.g., Request for
Proposal (RFP) number, Invitation for Bi B) numbe grant ann ncement number, the contract grant, or loan award
number, the application/proposal control um assigne y the Fed ency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has b an aw or loan mitment by the Federal agency, enter the Federal
amount of the award/loan commitments for the pr entity ntified in Item 4 or 5.
10. (a) Enter the full name, addre nd zip a of t lobbying entity engaged by the reporting entity identified in
Item 4 to influenced the
(b) Enter the full names of the indivi I(s) pe o es and include full address if different from 10(a). Enter Last
Name, First Name and Middle Initi I).
11. The certifying official shall sign and date t orm, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as ame no persons are required to respond to a collection of information unless it
displays a valid OMB Control Number. The valid B control number for this information collection is OMB NO. 0348-0046.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for
reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-
Page 30 of 55
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 Leighton Consulting. Inc. ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special
services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
C. City desires to retain Consultant to render professional consulting services and related
work as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described on Exhibit A which
is attached hereto and incorporated herein by reference. Consultant shall provide said services
at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of
this Agreement and shall continue for a period of one (1) year or as specified in the Consultants
proposal.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $ 20.903.00 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 31 of 55
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 32 of 55
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 33 of 55
11. Professional Ability of Consultant. City has relied upon the professional training and
ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Consultant to practice its profession. Consultant represents and warrants to City that Consultant
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its
officers, officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all
costs and expenses in connection therein), arising out of the performance of this Agreement or
its failure to comply with any of its obligations contained in this Agreement, except for any such
claim arising out of the sole negligence or willful misconduct of the City, its officers, agents,
employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
I. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition,
Consultant shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any
notice of cancellation or non-renewal of all Workers' Compensation policies must
be received by the City at least thirty (30) days prior to such change. The insurer
shall agree to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed by Consultant
for City. In the event that Consultant is exempt from Workers' Compensation
Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California, Consultant shall complete
and submit to the City a Certificate of Exemption from Workers Compensation
Insurance in the form attached hereto as Exhibit C.
Page 34 of 55
II. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury and property
damage. If a commercial general liability insurance form or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
III. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of
the Consultant arising out of or in connection with the work to be performed
under this Agreement, including coverage for owned, hired and non-owned
vehicles, in an amount of not less than one million dollars ($1,000,000) combined
single limit for each occurrence.
IV. Professional Liability Coverage. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance
shall not be less than one million dollars ($1,000,000) on a claims-made annual
aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing AM Best's rating of no less than A: VII and shall be endorsed
with the following specific language:
I The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured's with respect to liability
arising out of work performed by or on behalf of the Consultant, including
materials, parts or equipment furnished in connection with such work or
operations.
II. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City
may have shall be considered excess insurance only and shall not contribute
with it.
III. This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
IV. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents, or volunteers.
Page 35 of 55
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: Leighton Consulting, Inc.
Attn: Simon I. Saiid
41715 Enterprise Circle N., Suite 103
Temecula, CA 92590-5661
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 C. 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 36 of 55
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 37 of 55
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 38 of 55
EXHIBIT "A"
SCOPE OF SERVICES
[INSERT]
Page 39 of 55
Leighton Consulting, Inc.
A LEIGHTON GROUP COMPANY
February 13, 2012
Mr. Peter Ramey, PE, Project Engineer
City of Lake Elsinore - Engineering Division
130 South Main Street
Lake Elsinore, CA 92530
Subject: Proposal for Geotechnical Construction Services for Bicycle and Pedestrian improvements
on Riverside Drive, Project Number 4356
Dear Mr. Ramey:
Leighton Consulting, Inc. (Leighton) is pleased to provide this proposal for Geotechnical Construction
Services for the subject project. We believe that we are uniquely qualified to provide the requested
services for this project due to our past experience with similar improvements along Riverside Drive
during the Lakeside High School construction project. We have been providing geotechnical and
material testing services to public agencies in Southern California for half a century including numerous
local projects for City of Lake Elsinore, Elsinore Valley Municipal Water District and Lake Elsinore Unified
School District. We have completed many construction projects with challenging conditions and
schedules, and have refined our project management to maximize our efficiency and cost savings to our
clients.
Leighton is prepared to continue serving the City by providing the requested geotechnical and soils
testing services in accordance with the project specifications and relevant standards. Our in-house
laboratory located in Temecula meets the requirements of the American Society for Testing and
Materials (ASTM). All testing will be performed under the supervision and control of a California
Registered Professional Engineer employed by Leighton. Leighton's goal is to work with you and help
with completion of this project on time and under budget.
Thank you for the opportunity to provide this proposal and we look forward to continuing to be of
service to the City.
Respectfully submitted,
LEIGHTON CONSULTING, INC.
Simon I. SSiid, GE 2641
Project Manager/Geotechnical Engineer
~j
Robert F. Riha, CEG 1921
Sr. Principal Geologist
41715 Enterprise Circle N., Suite 103 m TepgpIad;~W90-5661
951.296.0530 m Fax 951.296.0534 m www.leightonconsulting.com
CITY OF LAKE ELSINORE
Proposal for Construction Geotechnical Services P61 1-00 784
Riverside Drive Bicude and Pedestrian Improvements - Cih PN 4356 February 13, 2012
Table of Contents
Table of Contents
.......................................1
Firm Profile
2
Project Management and Approach
.......................................3
Project Understanding and Scope of Work
.......................................4
Allocation Matrix/Estimated Hours and Tests
.......................................5
Key Personnel
.......................................6
Page 1 Page 41 0 55
CITY OF LAKE ELSINORE
Proposal for Construction Geotechnical Seruices P61 1-00 784
Riverside Drive Bicucle and Pedestrian Improvements - City PN 4356 Februaru 13, 2012
Firm Profile
Leighton Consulting, Inc. (Leighton), a California corporation, provides geotechnical engineering
solutions to public agencies and private developers in southern California for over 50 years.
Our Temecula office will take the lead on this project and provide the required services. Our
Temecula office has been providing construction geotechnical services for southwestern
Riverside County including City of Lake Elsinore for over 30 years. Our staff provided
geotechnical testing services during the widening and improvement of Riverside Drive along
Lakeside High School, adjacent to this project. Our goal is to continue providing the City with
high quality services and meeting project deadlines and budgets.
Leighton's Temecula laboratory has been audited and approved by AASHTO, State of California
Division of State Architect, (DSA), Caltrans, U.S. Navy, and U.S. Army Corps of Engineers. We
provide standard ASTM testing results, and can respond with additional testing methods
modified to meet specific field and/or contract conditions. Our laboratories participate bi-yearly
in Cement and Concrete Reference Laboratory (CCRL) Sample Proficiency Testing and
consistently achieve the highest possible ratings.
Page 2 Page 42 0 55
CITY OF LAKE ELSINORE
Proposal for Construction Geotechnical Services P61 1-00 784
Riverside Drive Bicycle and Pedestrian Improvements - Cit PN 4356 Februarti 13, 2012
Project Management and Approach
Leighton Team
The Leighton Team that will be working on this project has been successfully providing soils and
materials testing for similar projects throughout southern California. These team members are
selected for their:
• Past experience with similar pavement projects and other work located near this area;
• Required qualifications for the anticipated tasks;
• Availability and ability to meet the project deadlines; and
• Local knowledge of inspection requirements and construction practices.
Our assigned team has worked on numerous similar pavement rehabilitation projects and their
involvement will be crucial for cost effective and efficient construction procedures.
Project Manager/Engineer
Mr. Simon Saiid, PE, GE, will be the project manager/engineer and will have direct responsibility
for Leighton's services throughout the contract. Mr. Saiid brings more than 22 years of
geotechnical engineering and material testing experience on similar projects. We also believe
that technician continuity is important to provide uninterrupted communication, and to make sure
all construction materials/components are properly tested. As such, we plan to assign Mr. Chris
Haney, who resides within a 20-minute drive from the project site as the lead Engineering
Technician supported by other local technicians, when needed.
Quality Assurance
Leighton has established project controls and administration procedures very similar to those
used by local and state agencies. We have provided responsive, efficient and cost effective
service to the public for 50 years through quality engineering and our commitment to quality
management, which is evident by our long-term client relations, repeat clients, financial stability
and continued growth. Our project management solutions have always been ahead of their time,
utilizing internet technologies for storage, viewing and critical task elements while keeping you
abreast of the latest developments and progress relative to the project tasks at hand.
A specific corporate objective at Leighton is to maintain a high standard of achievement by
implementing outstanding technical performance and a commitment to detail through our
training and professional development programs.
Page 3 age o
CITY OF LAKE ELSINORE
Proposal for Construction Geotechnioal Seruices P611-00784
Riverside Drive Bicucle and Pedestrian Improvements - Citt PN 4356 February 13, 2012
Project Understanding and Scope of Work
Based on our review of the RFP, we understand that scope of the geotechnical services for this
project will include providing construction material testing for the subgrade material, aggregate
base, and asphalt concrete (AC) for new bicycle and pedestrian sidewalk improvements along
Riverside Drive, west of Lakeside High School. Based on the project plans and specifications, a
new rubber-sidewalk and PCC sidewalk, along with a pedestrian foot bridge (Precast), will be
constructed along the north side of Riverside drive between Stations 21+25 to 42+75 and a 200
foot section of Grand Ave. north of Riverside Drive. The soil and material sample/test frequency
will generally follow Caltrans Construction Manual, the 2009 "Greenbook", and the guidelines
provided in the RFP.
Based on the above, our scope of geotechnical observation and testing services is conceptually
divided into the following tasks for each Phase:
1. Pre-Construction Meeting and Project Review/Preparation
We will review the project plans and specifications and attend one pre-construction meeting to
establish points of contact and distribution of daily reports, etc. It is important that the
geotechnical testing expectations, testing coordination, and construction schedule are
discussed during this meeting.
2. Sidewalk/Foot Bridge Construction
We will provide part-time or as-needed geotechnical observation and testing during sidewalk
subgrade and aggregate based preparation/compaction and preparation of the pedestrian
bridge abutment areas. We anticipate our work will include subgrade, aggregate base, and AC
compaction testing. Inspection of caisson excavations will also be provided to document
excavation depth and cleanliness prior to concrete placement. Asphalt and aggregate base
batch plant inspection is not anticipated. In accordance with the RFP, we are budgeting for 20
additional hours for our field technician to re-test failing tests (10 visits at 2-hrs/visit). These
hours will be tracked and identified separately during invoicing.
3. Compaction Reports
We will prepare a report summarizing the results of our field and laboratory tests during
earthwork construction of the proposed improvements.
Daily field reports (DFRs) will be prepared and distributed to your field representative and/or
Construction Manager (CM) for review and signature. We anticipate that your CM or City
representative will be on site to (1) schedule our personnel, (2) supervise various contractors'
activities, and (3) respond to deficiencies in earthwork or materials, if necessary.
4. Laboratory Testing
We will perform geotechnical laboratory testing to determine the laboratory maximum dry
density and optimum moisture content ("compaction curve") and other pertinent soils indices
and properties. We have also included testing for aggregate base and asphalt concrete to
confirm to specifications.
Page 4 rage 44 o
CITY OF LAKE ELSWORE
Proposal for Construction Geotechnical Services P61 1-00 784
Riverside Drive Bicucle and Pedestrian Imorovements - City PN 4356 Februa 13, 2012
Allocation Matrix/ Estimated Hours and Tests
In accordance with the above scope of services, a summary of estimated construction
inspection man-hours and tests are summarized below. A detailed scope and cost breakdown is
provided in the separate fee proposal.
Resource Allocation Matrix
Task
Task Description
PM/GE
Staff
Soils Tech.
Admin
Total
Eng
/Geo
Hours
1
Project Admin/Review
2
0
2
2 J
6
2
_Progress Reports/ Meetings
6
6
_ _
0
0
l
12
3
Field testing./,inspection _
0
_
8
_
80
-
0 (
88
4
_Review of submittals / lab reports
_ 4
0
0
0 I
.
4
5
Engineering support/ report/ PM
6
6
0
8
20
*Re-testing of Failing Tests
0
0
20
0
f
20
Total Hours=
18
...W
20
102
10
6.
Laboratory Testing
Unit
-
Amount
Modified Proctor Compaction (subgrade)
-
Each
5
.
Modified Proctor Compaction (AC)
Each
5
Sieve or SE
Each
5
R-value
Each
.
5
.
HVEEM
.
Each
_
4
.
Extraction, percent asphalt and gradation
_
Each
4
Page 5 age of 55
CITY OF LAKE ELSINORE
Proposal for Construction Geotechnical Services P61 1-00 784
Riverside Drive Bicycle and Pedestrian Improvements - Citu PN 4356 Februaru 13,201
2
Key Personnel
Because of our familiarity with this project and applicable City standards and testing
requirements, we are professionally staffed to provide you with the best comprehensive services
in the field of geotechnical engineering and soils testing services.
The key staff listed below has worked on similar and numerous projects Lake Elsinore area.
This invaluable experience gives them the insight as to how to get this project constructed
efficiently and on-time. The staff members named below will only be replaced by another staff
member of equal competence only after prior written approval by the City.
Simon Saiid, PE, GE / Project Manager/Geotechnical Engineer
• California Registered Geotechnical Engineer-2641
• California Registered Civil Engineer-62375
• MS, Civil Engineering Rensselaer Polytechnic Institute, Troy, New York
• BS, Civil Engineering Rensselaer Polytechnic Institute, Troy, New York
Mr. Saiid has more than 22 years of engineering design and construction supervision
experience for the civil and geotechnical aspects of projects related to infrastructure work, public
facilities, and land development. Mr. Saiid is managing our staff of engineers/geologists and
responsible for review geotechnical engineering analyses, laboratory testing, and quality control.
He is practiced in geotechnical site investigations, shallow and deep foundation design, buttress
and structural landslide mitigation, seismic hazard evaluations and mitigation design, grading
control, ground improvement, pavement design, and forensic evaluations.
Jeffery Deland / Staff Geologist
• B.S., Geology, California State Polytechnic University Pomona, 2003
Mr. DeLand has more than 9 years of experience in engineering geology and environmental
geology as well as experience in observation, testing, documentation and reporting on work
performed by contractors involved in earthwork grading as well as deep foundation and utility
construction. He has worked on numerous geotechnical and environmental investigation and
remediation, grading and post grading projects in Southern California. Mr. DeLand has geologic
experience on a wide range of projects, including preliminary geotechnical investigations, rock
rippability studies, rock slope stability analysis, environmental site assessments, groundwater
contamination investigations and environmental remediation. In addition, Mr. DeLand has
experience in work plan preparation, supervision of field activities and personnel, and report
writing. He has worked on residential developments, roadway projects, institutional and
commercial facilities
Page 6 age 46 o
CITY OF LAKE ELSINORE
Proposal for Construction Geotechnical Services P61 1-00 784
Riverside Drive Bicucle and Pedestrian Improvements - Citu PN 4356 February 13,201
2
Christopher Haney / Senior Field Technician
Mr. Haney has more than 10 years of experience providing geotechnical field services. Mr.
Haney has worked closely with developers, contractors and governing agencies to assure good
compliance with general construction practices. He supervises technicians in field and
laboratory settings, has extensive experience in all phases of earthwork monitoring, foundation
stability, retaining wall construction, and laboratory testing. His field experience has included
observation testing during construction of sewer, water, and storm drain for public agencies,
school districts and residential developers. He has worked on several mass grading projects
providing field observation and testing services. He has observed and tested subgrade for
arterial roads. He has performed geotechnical observation and testing during construction of
crib walls and retaining walls, bridge abutments, channel improvements, and pile driving
operations.
Scott Watson / Senior Engineering Technician
Mr. Watson has more than 18 years of experience providing geotechnical field exploration and
testing services. His experience includes field observations and compaction testing during rough
grading, trench backfill, and roadway improvements for numerous projects. He has observed
and tested subgrade for arterial roads and private streets, and has performed geotechnical
observation and testing during construction.
Loren Murphy / Engineering Technician
Mr. Murphy has more than 14 years of experience providing geotechnical field services for
utility, residential, transportation, and institutional projects. His experience includes work on
rough grading projects, providing field observation, material sampling, and compaction testing
services. He has observed and tested subgrade for arterial roads and private streets, and has
performed geotechnical observation and testing during construction.
Page 7 age 4 7 o
EXHIBIT "B"
SCHEDULE OF CHARGES
[INSERT]
Page 48 of 55
P677-00784
Leighton Consulting, Inc. Z(13/2012
Cost Estimate for Construction Material Testing Services
Riverside Drive Bicycle and Pedestrian Improvements, Lake Elsinore, CA - City PN 4356
Soil Technician PW
2 hrs. @
$85 /hr.
$
Project Manager /GE
2 hrs. @
$183 /hr.
$
$
2- Compaction Testing (Trench. Subgrade & Base/AC)
Soil Technician PW 10 weeks
80 his. @
$85 /hr.
$6,
Staff Eng/Geologist (Caisson Inspection)
8 hrs. @
$106 /hr.
$
Equipment/Vehicle usage
88 hrs. @
$13 /hr.
$1,
$8,
3- Compaction Report / PM / Admin
Project Manager /GE (review of submittals & report)
16 hrs. @
$183 /hr.
$2,
Staff Engineer/Geologist/ field QA
12 hrs. @
$106 /hr.
$1,
Typing / Reproduction / data entry
10 his. @
$66 /hr.
$
4- Laboratory Testing (assuming one AB/AC import source
Modified Proctor Compaction (subgrade)
5 tests
$155 /test
,
Modified Proctor Compaction (Aggregate Base)
5 tests
$180 /test
Sieve or SE
5 tests
$95 /test
,
R-value
5 tests
$265 /test
$1
HVEEM
4 tests
$125.00 /test
$50
Extraction, Percent Asphalt, and Gradation
4 tests
$195.00 /test
$78
*Retesting
Retesting (10 visits at 2 hr/visit) 20 hrs. @ $85 /hr. $1,
EquipmenWehicle usage 20 his. @ $13 /hr. $
e~
Notes:
1-The above estimated cost is based on Leighton Amended 2012 Fee Schedule - no charge for nuclear density gauge or mileage
2-These are anticipated services based on our review of project plans/specs and assumed construction schedule.
3- This is a Not-To-Exceed Fee based on the described Scope in our attached proposal.
Page 49 of 55
EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE
[INSERT]
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 to any manner so as to become subject to the Workers'
Compensation Laws of the State of California
Executed on t
California.
a A~ph -14o-
Page 50 of 55
EXHIBIT "D"
LIST OF SUBCONTRACTORS
[INSERT]
Page 51 of 55
LIST OF SUBCONSULTANTS
PROJECT NAME:
NAME
J
TELEPHONE
Q/
ADDRESS
CITY, STATE ZIP
Duplicate this form as necessary to report all subconsultant(s) information.
/en5roQ2 y
Page 52 of 55
PROJECT NO: ~/3S(~
EXHIBIT "E"
DISCLOSURE OF LOBBYING ACTIVITIES
[INSERT]
Page 53 of 55
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
NOT APPLICABLE
1. Type of Federal Action:
2
3. Report Type:
❑ a. Contract
❑ a. Bid/offer/applica0on
❑ a. Initial riling
b. Grant
b. Initial award
b. Material change
c. Cooperative agreement
c. Post-award
For Material Change Only:
d. Loan
Year Quarter
e. Loan guarantee
Date of last report
f. Loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee. Enter Namc
Prime E]Subawardee
and Address of Prime:
Tier if known
Leighton Consulting, Inc,
41715 Enterprise Cir N, Suite 103; Temecula, CA 92590
Congressional District, If known: 45
Congressional District, if known:
6. Federal Department/Agency:
7. Federal Program Name/Description:
CFDA Number, if applicable
6. Federal Action Number, if known.
9. Award Amount, if known:
10. Name and Address of Lobbying Entity
b. Individuals Performing Services (including address if
(If individual, last name, first name, MI):
different from No. 10a)
(Last name, first name, MI):
11. Informa6oitrequested thfgagh this'form ismuthorized by Title
Signature:
31 U.S.C. Section 1352. This disclosure of lobbying activities is a
material representation of fact upon which reliarica was. placed by
-
Print Name: Terrance Brennan
the tier above
when this transaction was made or entered into.
This disclosure is required pursuant to 31 U.S.C. 1352. This
Title, Chairman
information will be reported to the Congress seml•annually and will
be available for public Inspection. Any person who fails to file the
949-250-1421 Data: June 13, 2011
hone No
Tele
required disclosure shall be subject to a civil penalty of not less
.
p
than $10,000 and not more than $100,000 for each such failure.
Authorized for Local Repmduction
Standard Form-LLL (Rev. 7-97)
Standard Form LLL Rev. 06-04-90
P:\PROJECTS\TEMESCAL CANYON ROAD\Request for Proposal Temescal Bridge 2009.doc
Page 54 of 55
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