HomeMy WebLinkAbout2012-03-27 City Council Agenda Item No. 05tT F
n
REPORT To CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: PAT KfLROY
INTERN CITY MANAGER
DATE: MARCH 27, 2412
SUBJECT: ANNUAL REVIEW OF THE AGREEMENT WITH SUSTAINABLE
CIVIL ENGINEERING SOLUTIONS SCES) TO PROVIDE ON-CALL
PROFESSIONAL ENGINEERING SERVICES
Background
The Engineering Division of the City of Lake Elsinore, as a part of the development
services, is required to review private development projects for compliance with City
regulations, City Standards and the Subdivision Map Act. As a function of construction
compliance, the Division also performs inspection services to ensure compliance with
the approved plans. In order to maintain a high level of responsiveness, these services
are contracted to engineering firms that have the flexibility to provide a professional staff
for a dynamic work load.
Discussion
SCES Sustainable Civil Engineering Solutions) is an established engineering firm with
the ability to provide staff for a variety of tasks. The City has contracted with this firm
for. Engineering plan check for development plans, grading plans and final map
projects; landscaping plan check; engineering design services; and inspection services.
SCES has the ability to provide services and supplemental staffing as the workload
changes.. The current three (3) year agreement with SCES was entered into in the
beginning of 2010, and the company has proved to be a valuable addition to the City's
plan check consultant list.
AGENDA ITEM NO.5
Page 1 of 70
Contract Agreement - ~CE~
March 27, 2012 Page 2
Fiscal Impact
There is no direct financial impact to the General Fund as the services being provided
by SCES are either funded through developer's plan check fees, inspection deposits or
provided through the design budget of the Capital Improvement Program depending on
the service being provided.
Recommendation
Approve the use of SCES far the third year of the three year contract per the agreement
dated January 27, 2010, to provide plan checking services.
Prepared by: Dina Purvis
Engineering Technician
Ken Seumalo
Director of Public Works
Approved by: Pat Kilroy
Interim City Manager
Atkachments: Agreement
Page 2 of 10
AR.~~~1~'T FC1R P.t3~'ESI~3AL ERVI~
This Agreement for Prafe~sional Services the "A~reeent"}, dated. fa►r identification
pus only as of January 12, 2~ 1 by and between the City of Lake Elsinore, a municipal
corporation t"City"}and Sustainable Civil Engineering Solutions ~"Consultant"}.
R~CITAIJS -
A. Consultant is specially wed, experienced and competent to perfarn~ the special services
which will be required by this Agren~ent. .
. B. Consultant possesses the skill, experience, ability, background, cefrtification and knowledge
to provide the services described in this Agreement an the terms and conditions described herein.
-C. City desires to retain Consultant to render professional consulting services and related work
asset Earth in this Agreement.
AG~t.E~~9~l~T
1. Scope of Services. Consultant shall perform the services described ~►n Exhibit A ,which is
attach+~ hereto and incarporat~! herein by reference. Consultant shat! provide Bald services at the
time, place, and ~n the rriar[ner SpeClflet 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 thx~ {3~ years, subject to annual review by, the City
Council. ~ .
3. Com~ensatian. Coinpei~sation to be paid to Consultant shat! be in accordance ~v~ith the
Schedule of Charges set Earth in Exhibit B, which is attached hereto and incorporat~cl herein by
reference. In no event shall Consultant's compensation exceed $15~,0~~ without additional
authorization from the City Manager. Pay~~nent 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. 1Vlethod of Payment. Consultant shall submit monthly billings to Cit describer the work y g
performed during the preceding rnonth. Consultant's bills shall include a brief description of the
services pei-form~ed, the date the service were performed, the number of hours spent and by whom, ;
and a description of any reimbursable expenditures. City shall pay Consultant no later than 3o days
ai~er approval of the noanthly invoice by City staff. .
5. Extra work. At any time during the term of this Agr~4ment, City requests that Consultant
perform Extra mark. As use herein, "Extra work" me~~r~s any work which is determined by City to
be n~sa~:~ far the proper completion of the Project, but wh%ch the parties slid not r~easanably .
anticipate would be necessary at the execution ofthis Agreement. Consultant shall not erform, nor p
be campensate~l far, 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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Tet~minatic~n. This Agreement may be terrriinated by the City immediately fc~r cause ar by
either party without ~ upon thirty ~~0} days' written notice of terrninatic~n, IJp~a termination,
Consultant shell be entitled to compensation far services performed up to the effective date of
ter~ninatan.
p ofT~~cuen. All plans, studies, documents and other writings prepared by and
far Consultant, its a~cers, e~nploye~~s and agents and subcontractors in the cour~~e afin~plesa~enting
this Agreement, except warping notepad int~al documents, shall become the prop~~~y of the City
open payment to Consultant fc~r such work, and the City shall have the sale right to use such
materials in tts d1scretian without further ct}nlpensat~on to CoriSUltant or to any ether
Consultant shall, at Consultant's expense, provide such r~;porrts, plans, studies, documents and other
writings to City upon written ruest. City acknowledges that any use of such materials in a manner
beyond the intended purpose as set Earth herein shall be at the sole risk of the City. Cit~r further
. agrees to defend, inde~rnnify and hold harmless Consu.ltan~ its ocers, 4~cials, agents, ernplayees
and volunte~irs from any claims, demands, actions, lasses, damages, injuries, anal liab~ilit , direct ar y.
indirect including any and all costs and expenses in connection therein,.}, arising out of the City=s
use of such materials in a m~er beyond the intended pw:~ase as set Earth herein.
a. Lceensing of Intellectul.Prop~. This Agreement creates a nonexclusive and
perpetual license for City tv copy, use, t~nodify, reuse, or sublie~~nse any and all copyrights,designs,
and ether intellec~l property embodied in plans, specifications, studies, drawings, estimates, and
other dc~cum~ents or works ofautharship fixed in any tangible medium pf expression, including but
not limited to, physical drawings. or data magnetically ar otherwise recorded on computer diskettes,
which are prepared ar cause to be prepared by Consultant under this Agreement {"Dv~cuments &
data"}. Consultant shall require that all subcontractors agree in writing that City is granted a
nonexclusive and perpetual license for any ~ocunaents c~ Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the Iegai right to lic~~r~s+e an and y
all Docua~nents ~ Bata. Consultant makes no such representation and war~nty in regard to
Docu~~tents t~ Data which were prepared by design professionals other than Consultant or rovided p
to Consultant by the City, City shall net be limited in any way in its use of the .~acunaents Data at
any time, provided that any such use not within the purposes intended by this A eem.ent shall be at
City's sole risk.
b. Cynf~dentia_ l ty. All ideas, me~:noranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, wri~n information, and other documents ~
Data either created by or provided to Consultant in connection with the pe~~c~rance of this
Agreement shall be held confidential by Consultant, such materials shall. not, without. the rior p
written consent of City, b~e used by Consultant for any purposes ether than the p~~orrnance of the
services under this Agreement. Nor shall such materials be disclosed to any arson or emit not . p y
connected with the performance of the ~ services under this Agreement. Nothing furnished to
Consultant which is otherwise known to Consultant yr is generally known, or has b+ame known, to
the related industry shall be deemed confidential. Consultant shall not use City's, name or~insignia,
photographs relating to prajt for which Consultant's services are render, or any publicity
pertaining to the Consultant's services under this Agreement in any magazine, trade paper,
newspaper, television ar radio production ar ether similar mediu~rn without the rior written comment
of City.
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S. Consultant's Books and Records.
a. Consulta~.t shall n~aintair~ any and all leclge~~s, books of account, invoices, vouchers, .
canceled checks, and other re~~ords or documents evidencing or relating to cl~;~rges for srvices, or
expenditures and disbursements charged to City far a rrii~~imu~~ p~rriod of t~iree ~3}years, or for any
longer period required by law, from the date of final payment to Consultant to this A.gree~~ent.
b. Consultant shall maintain all documents and records which demonstrate performance
under this Agreement fear a i~mum period of three ~3} years, or for any longer period required by
. law, from the date of terraination or completion of this Ag~~ee~nent.
c. Any records or doc~ucnents 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
rust by the City Manager, City Attorney, City Auditor Qr a designated re~►resentative of these
OffiG~rs. Copies of such documents shall be provide to the City for inspection at City Hall when it is
practical to do so, C}therwise, unless an alte~~ative is mutually agreed upon, the recordsshall be
available at Consultant's address indicate for receipt of notices in this Agreement.
d, U~~here City l~~s re~~son to believe that such records or documents may be lost. or
discardl due to dissolution, disbandment or terrriination of Consultant's business, City may, by
written request by any of the shove-nam~l of~ice~rs, require that custody of the records be given to
the City and that the records and documents be tnaintain~ in City Fall. Aces to such records and
documents shall be grant~l 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 ofthe work and
services agreed to be performed, shall act as and be an independent contractor and shall not 'act as an.
agent or erriplayee of the City. Consultant shall obtain no rights to retirement benefits yr other
benefits which accrue to City's.employees, and Consultant herebyexpresslywaives any claim-it ma Y
have to any such rights. .
l Interests of Consultant. Consultant {including principals, associates and professional
employees} covenants and represents that it does not now have any investment ar interest in real
property and shall not acquire any interest, direst or indirect, in the area covered by this Agrment
or any other sc►urc~ of income, interest in rl prop~~~y or investment which would be aff~te~l in any
mariner or degree by the performance of Consultant's services hereunder. Consultant further
covenants and represents that in the ~~rformance of its duties hereunder no person having any such
interest shall po any services under this A,~ree~~ent.
Consultant is not a desi~ated employee within the meaning of the Political Reform Act
because Consultant;
a. will conduct research and a~~ive at conclusions with respect to his/her rendition of
information, advice, recommendation ar counsel independent ofthe control and direction c~fthe City
flr of any City official, other than normal agr~ment monitoring; and
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b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. P~"C R.eg.l8~oo~a}~2}.} .
I l . P~ signal. Ablity,c~f ~~~ultant. City lug relied upon the professional training and ability
of Consults~nt to perform the service here~~nder as a material indu~cen~ent tc~ eater into this
A ent. Consultant shall therefore provide pro perl y skills professional and tecl~~ical p~~sonnel
to pe~orm all services under this Agreement. All. work perf~r~ned by Consultant under this
Agreement shall be in accordance with applicable legal ruirements and shall meet the standard of
quality ordinarily to be erected of competent professionals in Consultant's field of expertise.
1 Compliance with Laws. Consultant shall use the standard of care in ifis profession too comply
with all applicable federal, state and local laws, codes, ordinances and regulations,
13, Lcens+~. Consultant represents and warrants to City that it has the licenses, ~ permits, .
qualifications, insurance and approvals of whatsoever nature which are legally required ofCon.~lt~nt
to practice its profession. Consultant represents and wai~tnts to City that Consultant shall, at its sole
+r~st and expense, keep in effect or obtain at all times during the term of this Agreement, any
li~~ses, permits, insurance and approvals which are legally required of Consultant to practice its
profession. ~ .
l 4. IndemntX. Consult~~nt agrees to defend, indeir~~ify and hold harmless the City, its offf'icers,
officials, agents, employs and volunteers from anal against any and all claims, demands, actions,
losses, dai~nage~s, injuries, and liability, direct or indirect including any and all costs and e~perises in
connection therein}, arising out of the pe~~formance of this Agre+~nent or its failure to comply with
any ofits obligations contained in this Agreement, except for any such claim arising out ofthe sole
negligence or wilful misconduct afthe City, its officers, agents, employees or volunteers,
1 S. Insurance Requirements.
a. Insur~~nce. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies. .
~Vo rkers' Compensation Coverage. Consultant shall maintain workers'
.w~w..ii .i i Compensation Insurance and Employer's Liability ~u~rance for his/her employees in
accordance with the laws of the State of California. In addition, Consultant shall
require each subntractor to similarly maintain 'workers' Compensation Insurance
and En~ploy~~'s Liability Insurance in accordance with the laws of the State of
California for all of the subcontractor's e~x~ployees. Any notice of c~~ncellation or
non-renewal of all Workers' Compensation policies. must be received by the City at le~ist thirty ~~o}days prior to such change. The insurer shah agree to waive all rights
of subrogation against Clays its officers, agents, employees and volunte+~rs for lasses
arising from work per~forrned by Consul#s~t for City. .
ii. general Liabilit~Coverage. Consultant shall maintain commercial general
liability insurance in an a~uount not less than one million dollars {$1,,~00~~ per
occurrence for bodily injury, personal injua~ and property damage. Ifa commercial.
general liability insurance form or other form with a generat aggregate limit is used, .
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either the general aggregate limit shalt apply sepa~~ately to the worl~ to be perfor~nexl
under this Agreement or the generat aggregate limit shall be at legit twice the
ruined occurrence limit.
iii. Au~t~n~abite_, L~ty__, overage. Consultant shad rrtaintain automobile
liability insurance covering bodily injury and prop~~ltydnage for all activities of the
Consultant arising out of ar in conne~cti~n with the wok to be performed under this
Agreement, including coverage for owned, hired and non-own~t vehicle, in an
. amount of not less than one million dollars l,lo,oofl►} combined single limit far
each occurrence.
iv. l?rafessiona~, Liabilityoverage. Consultant shall maintain professional
errors and a~nissions liability insurance for protection against claims alleg~~ng
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employs,subcontractors, or subconsultants. The amount of this insurance shall not
be le;~s than two hundred and ftfty thou~~and dollars {$25~,OO0} on a claims-made
a~ aggregate basis, or a combined single limit per occurrence basis.
b. l~ndorse~~nents. each general liability and automobile liability insurance policy shall
be with insurers possessing aBest=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, ocials, employees, agents and
volunteers are to be covered as additional insureds with rest to liabili#y arising out
of worl~ performed by or on behalf of the Consultant, including materials, ants ar p
equipment furnished in connection with such wot~ or operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, el~lployees, 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 i#.
iii. This insurance shall act for each lnsur~l and additional insured as though a
separate policy had been written for each, except with respect to the limits ofliability
of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected ar appointed af~icers, of'flcials, employees or agents.
v. Any failure to comply wlth reporting provlslons of the pollcles shall not affect
coverage provid~l to the City, its elected or appointed officers, officials, employees,
agents, ar volunteers. .
vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (34~ days written
notice has been received by the City.
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c. deductibles and Self-Insured Retentions. Any deductibles ar self-insured retentions
must be declared to and approval by the City. A the City's option, Con:~ultant shall dei:~anstrate financial capability for payment of such d+~luctibles er self insured retentions.
d. Certihcates of Ins~~rance. Cansult~~t shall provide ce;ificates of insurance with
original endorse~~nents to City as evidence; of~e insurance cave~~age rewired herein. Ce~~ific~tes of
such insurance sh;~ll be fill with the City on ar before commenc~nent of performance of this
Agr~ment, Current c~;rtificatian of insurance shall be kept an file with the City at all time during
. the term of this Agreement;
1 d. No_.,_, tip s. Any notice rewired to he ,given under this Agr~~rnent shall be in writing and either
sired personally or sent prepaid, first class mail. Any such notice shall be address. to the other
arty at the address set forth below. Notice shall be deemed communicated within 48 howrs~fram the p
time cif mailing if mailed as provided in this section.
If to City: City of l~dCe Elsinore
Attn: City tanager
130 South I1~ain Street
Dike Elsinore, CA 92530
If to Consultant: Sustainable Civil Engineering Solutions
Attn: Ati Esk~tndari, P.E.
1875 California Avenue
Carona, CA 92881
17. Enure Agreement. This Agreement constitutes the conrzplete and exclusive statement of
Agreement between the Cifiy and Consultant. All prior written and oral communicatians,mcluding
corre~~pondence, drafts, mernaranda, and representations,are superseded in total by this Agreement.
18, Amendments. 'his Agreement maybe modified ar amended only by a written dacu~~nent
ex~uted by both Consultant and City and approved as to form by the City Attorney.
19. Assi ent and Subcontractin .The parties recognize that a subst~~ntial indu~ent to City
for entering into this Agreement is the professional reputation, experience and competence of
Consultant and the subcontractors listed in Exhibit I~. Consultant shall be fully responsible to City
far all acts ar omissions of any subcontractors. Assignments afany ar all rights, duties or obligations
of the Consultant under this Agreement will bepermitted only with the express consent of the City.
Consultant shall not subcontract any portion of the work to be p~~for~ned under this Agreement
exc~;pt 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 ar omissions of Chase
subcontractors, Nothing in this Agreement shall create any contractual relationship between Cityand
any subcontractor nor shall it create any obligation an the part of the City to pay or to see to the
pay~rnent of any monies due to any such subcontractor other than as otherwise is .required by law.
2a. Waiver. Waiver of a breach ar default under, this A,gre~rnent shall not constitute a continuing
waiver of a subsequent breach of the same or any other provision under this Agre~rinent.
Page 8 of 10
21, Severbiit~. If any tern or portion of this Agreement is held to be invalid, illegal, or
other~~.se unenfor~~eable by a court of competent jurisdiction, the re~:naning provisions of this
Agrrnent shall continue in full force and eft'e~ct.
22. Contrclling~~v V~ue. This Agreement and all utters relating to it shall be gove~~ned by
the laws of the Mate of Califa►rnia and any action brought relating to this Agrement sh~Il~ be held
exclusively in a state court in the County of ft.ive~~side, .
23. Lltlgatlo_n ~x ,,,.,rises and Attorneys' Fps. Ifeither party to this Agr~~nent commences any
legal action against the other party arising out of this Agreement, the prevailing party shall be
entitled to recover its re~~sonable litigation expenses,. including court costs, expert witness fees,
discovery expenses, and attorneys' fees.
24. ~iation, The pa.~~ies agree to mare a gaud 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. it the parties are unable Ito agree
upon a mediator, the dispute shall be submitted to JANiSIEI~DiSP[,JTE ~"JAMS"} or its successor in
interest. JAMS shall provide the parties with the naa~nes of five qualified mediators. Each party shall
have a option to strike two of the hoe mediators select~l by JAMS and. thereafter the, rn►.ediator
remaining shall hear the dispute. If the dispute remains u~~resolved after mediation, either perky may
commence litigation.
2~. Execution. This Agr~naent maybe executed in several counterparts, each of which shall
constitute cane and the same ins~urnent and shall become binding upon the parties when at least one
copy hereof shall have been signed by both porkies hereto. In approving this Agreement, it shall not
be necessary to produce or account for mare than one such counterpart.
26. Au~hor~,ty„~o Winter Agree;. Consultant has all requisite mower and authority to ceinduct its
business and tQ exe~eute, deliver, and perform the ,~~ee~~ent. Each party warrants ~ that the
individuals who have signed this Agre~rent have the legal power, right, and authority to make this
Agreement and to bind each respective party. ~ .
~7. Prohibited Intents. Consultant maintains and wo~~ants that it has not en~play nor retained
. any company or person, other than a bona ode e~plc~yee working solely for Consult~t, to solicit or
secure this Agreement. Further, Consults~nt warrants that it has not paid nor has it agrel to pay any
company ~or person, other than a bona hde employee working solely for Consultant, =any fee,
commission, percentage, brokerage fee, ~ft ar other consideration contingent upon or resulting from
the award or making ofths Agreement. For breach or violation ofthis w~urrranty, City shall~have the
right to rescind this Agre~eernent without I~ab~l~ty. For the term ofthis Agr+~ement, no member, of~ic~~r
or employee of City, during the term of his or her service with City, shall have any direct interest in
this A~gr~~nent, or obtain any present or anticipated material benefit arising therefrom.
28. Equal Cppo_n_ Em~ment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
e~~nplay~~nent 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 adve~~ising, layoff or t~ination.
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H
Con:~ultant shall also comply with alb relevant provisions of City' ~ Minority ~3usine~s Ente~~prise
prog~m, Arrnative Actin Plan or other related programs or guidelines currently in sect or
herena~er enacted.
wITNESS'~~E~E.E~~', the parties hereto have execute this Agr~ent on the dates set
forth below.
"CrTY"
CITI' CAP LASE ELS~~~E# .
a municipal corporation
dated: , 201 o By: .
obert Brady, City alter .
AT~`EST:
~.C~ .,,,fi
•
Debora Thomsen, City Clerk •r~►o~►►.
~PPR.~IVED AS TC~ CORM:
Leibold, McClendon ~ Mann, P.C. .
ara ~,elbold, Clty Attorney
iG~("~l ~ (y tJ L~~1 ~ 1 i}
Dated: , 1 o By:
` Ati Eskandari, Principal
Attacl~~nents: Exhibit A - Scope of Services
Exhibit B - ~`ee Schedule .
Exhibit C -List ofSub-Contractors
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