HomeMy WebLinkAbout2012-03-27 City Council Agenda Item No. 13CITY OF
LAKE LSII`�O1�E
DREAM EXTREMEW
F
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
]"ROM: PAT KILROY
INTERIM CITY MANAGER
DATE: MARCH 27, 2012
SUBJECT: CONSTRUCTION CONTRACT AWARD
SB 821 SIDEWALK PROJECT
PROJECT NO. 4365
Throughout the City of Lake Elsinore there are locations without sidewalks for students
and residents to safely walk to school or other local destinations. At the time of
development, sidewalks were not included with the street improvements at these
locations. Staff sought and received funding for sidewalk construction through the
Riverside County Transportation Commission SB-821 Bicycle and Pedestrian Facilities
Program for fiscal years 2010/2011 in the sum of $338,950. Funding under SB-821 is
restricted to payment of sidewalk construction only; other ancillary related street
improvements such as curb and gutter and minor paving requires other funding
sources. The SB-821 funded sidewalk improvements are located near Elsinore
Elementary School, Railroad Canyon Elementary School and Elsinore Middle School.
The project locations are: Poe Street from Sumner Avenue to Pottery Street, Sumner
Avenue from Scrivener Street to Kellogg Street, Mill Street from Avenue 4 to Avenue 9,
and Campus Way from Heald Avenue to Sumner Avenue.
Discussion
On March 8, 2012 at 2:00 PM, the City received 7 bids from qualified contractors to
construct the SB 821 Sidewalk Project FY 2010-2011 in accordance with the approved
plans and specifications. The bids are as follows:
1.
EBS General Engineering, Inc.
$2729658.75
2.
B & T Works
$274,980-00
3
Golden State Constructors, Inc.
$282,222.50
4.
Kormx, Inc.
$293,700.50
5.
Ruiz Concrete and Paving, Inc.
$333,180.75
AGENDA ITEM NO. 13
SB 821 Sidewalk Project F-Y 2010-2011
March 27 2012
6. Martinez Concrete, Inc. $337,775.67
7. Hillcrest Contracting, Inc. $366,550-00
The City sent Request for Qualifications and Proposals for geotechnical construction
services January 27, 2012 to Leighton Consultants, Inc., LOR Geotechnical Group. Inc.,
and Southern California Soil and Testing, Inc. Staff reviewed the proposals from these
firms and found the selectee, Southern California Soil and Testing, Inc's, proposal
consistent with the requirements of the Request for Proposal.
Also on January 27, 2012, a Request for Qualifications and Proposals for construction
survey services were sent to DIVIC Design Group, Inc., KDM Meridian, and TKE
Engineering. Staff reviewed the proposals received from these firms and selected TKE
Engineering, based on findings that their proposal was consistent with the requirements
of the Request for Proposal.
Estimated Project Schedule:
City Council Award
Notice To Proceed
Construction Completion Date
Notice of Completion
Fiscal Impact
March 27, 2012
April 23,2012
July 2, 2012
July 24, 2012
The SB 821 Sidewalk Project FY 2010 -2011 will be funded by the following accounts:
Reventip.
110 Gas Tax
112 SB 821
Less Design & Administrative Cost:
KDM Meridian
Administrative/Inspection
Estimated Construction Budget:
EBS General Engineering, Inc
TKE Engineering, Inc
Southern California Soil & Testing, Inc,
Inspection and Contract Administration
$169,475.00
$1699475.00
Total $338,950.00
T•ta i
Revenu'-,
Budget Deficil
If
$299925.00
$ 11,980.00
► 17,390.00
► 8,000.00
I Loll aw U*16
110 Gas Tax surplus from Diamond Drive project in the amount of $69,847.
SB 821 Sidewalk Project FT2010-201
March 27 2012 1
lZM0111111me: �91
1. Award SB 821 Sidewalk Project FY 2010-2011 to EBS General Engineering, Inc. for
the amount not to exceed of $299,925.00 (includes 10% contingency).
2. Authorize the Interim City Manager to execute the contract with EBS, General
Engineering, Inc.
3 Authorize the Interim City Manager to execute the contract with Southern California
Soil & Testing, Inc, for construction geotechnical testing in the not to exceed amount
of $17,390.00.
4 Authorize the Interim City Manager to execute the contract with TKE Engineering, for
construction survey services in the not to exceed amount of $11,980.00.
5 Authorize the transfer from the Diamond Drive Project Surplus from Fund 110 Gas
Tax in the amount of $69,847.00.
Prepared by: Peter Ramey Pic.,
Project Engineer
Approved by: James Riley
Director of Administrative Services Department
Approved by: Ken Seumalo 01
Director of Public Works
Approved by: Pat Kilroy
Interim City Manager
Attachments: Vicinity Map
Contract Agreement EBS General Engineering, Inc.
Agreement Southern California Soil & Testing, Inc
Agreement TKE Engineering
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SIDEWALK PROJECT
FY 2010-2011
Agreement No.
This Contract Agreement, made and entered into as of the date signed by the Mayor, by and between the
City of Lake Elsinore, a municipal corporation, County of Riverside, State of California, hereinafter called the
"City" and EBS General Engineering, Inc hereinafter called the "Contractor."
That the City and the Contractor for the consideration hereinafter named, agree as follows:
1. The complete Contract includes all of the Contract documents as if set forth in full herein, to wit, the
Contract Agreement, any and all Contract Change Orders issued after the execution of the Contract
Agreement, Addenda No(s). 1 issued prior to the opening of the Bids, the Special Provisions (which
includes the General Provisions and Technical Provisions), the Project Plans, the Standard Plans, the
Standard Specification, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non-
Collusion Affidavit, the Faithful Performance Bond, the Labor and Materials Payment Bond and insurance,
all of which are essential parts of this Contract and made a part of this Contract Agreement. In the event of
any conflict in the provisions thereof, the terms of said Contract documents as set forth above shall control,
each over the other, in the order provided.
2. The Contractor shall furnish all materials, tools, equipment and labor, except as otherwise provided
in the Plans or Special Provisions, and will perform all the work which is necessary to complete in a good,
workmanlike and substantial manner the above said project in accordance with the Contract documents for
this project, the Contract documents which are hereby specifically referred to and by such reference made a
part hereof.
3. The City will pay the Contractor and the Contractor agrees to receive and accept the prices set forth
in the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to
wit, the Base Bid Item(s) and Additive Bid Item(s) in the sum total amount of $ 272,658.75, subject to
additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all
materials and for doing all the work contemplated and embraced under this Contract Agreement; for all loss
or damages arising out of the nature of the work aforesaid, or from the action of the elements, or from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work,
until the work is accepted by the City Council; for all expenses incurred by or in consequence of the
suspension or discontinuance of work; and for well and faithfully completing the work, the whole thereof, in
the manner and in accordance with the Contract documents therefore and the requirements of the Engineer
under them.
4. The Contractor hereby agrees to commence work pursuant to this Contract within fourteen (14)
calendar days after the date of authorization specified in the Notice to Proceed. The Contractor agrees to
diligently prosecute the contracted work, including corrective items of work, day to day thereafter, to
completion, within Fi (50) working days after said date in the "Notice to Proceed with Construction,"
except as adjusted by subsequent Contract Change Order(s).
5. The City and Contractor hereby agree that in case all construction called for under the Contract is
not completed within the time hereinabove specified, including City caused delays or extensions, damages
will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and
determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay.
It is, therefore, agreed that such damages shall be presumed to be in the amount of $250.00 per calendar
day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to
Contractor, said amount for each calendar day by which the Contractor fails to complete the work, including
corrective items of work, under this Contract Agreement within the time hereinabove specified and as
adjusted by Contract Change Order(s). The Contractor will not be assessed liquidated damages for
delay(s) occasioned by the failure of the City or of the owner of a utility to provide for the removal or
relocation of utility facilities.
6. The Contractor shall name as additional insured, the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore (RDA), and County of Riverside, and shall furnish the
City with a certificate of insurance evidencing liability insurance policy or policies which shall provide
coverage for owned and non-owned automobiles; manufacturers and Contractor's liability; broad form
property damage in any case where the Contractor has any property belonging to the City in his care,
custody or control; owners and Contractor's protective liability; blanket contractual liability; products and
completed operations coverage; coverage for collapse, explosion, and where any excavation, digging or
trenching is done with power equipment; and shall bear an endorsement containing the following Provisions:
Solely as respect to work done by or on behalf of the named insured for the City of Lake
Elsinore, it is agreed that the City of Lake Elsinore, the Community Redevelopment Agency
of the City of Lake Elsinore (RDA), and County of Riverside, its officers, employees and
agents, are added as additional insured under this policy and the coverage provided
hereunder shall be primary insurance and not contributing with any other insurance available
to the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake
Elsinore, and the County of Riverside, its officers, employees and agents; under any third
party liability policy.
It is further agreed that the other insurance provision(s) of the policy are amended to
conform therewith.
The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf.
Insurance companies providing insurance here under shall be rated (A minus: VII - Admitted) or better in
Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in
the State of California.
The terms of the insurance policy or policies issued to provide the below insurance coverage(s) shall not be
amended or canceled by the carrier without thirty (30) days prior written notice by certified or registered mail
of amendments or cancellation to the City, except that cancellation for non-payment of premium shall
require (10) days prior written notice by certified or registered mail. In the event the said insurance is
canceled, the Contractor shall, prior to the cancellation date, submit to the City Clerk new evidence of
insurance in the amounts established.
All liability insurance policies shall bear an endorsement or shall have an attached rider which provides that
the City of Lake Elsinore will be notified by certified or registered mail at least 30 days prior to the effective
date of cancellation, non-renewal, or material alteration of such policy.
PROJECT NO. 4365
All liability insurance shall cover comprehensive general liability for both bodily injury (including death) and
property damage, including but not limited to aggregate products, aggregate operations, aggregat4
protective and aggregate contractual with the followina minimum limits:
--------- - ---- -
$500,000-00 $1,000,000.00 $2,000,000.00
. I I I ............ $110001000.00 $2,000,000.00
A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00 for each
occurrence will be considered equivalent to the above minimum limits for Comprehensive General Liability.
Property Damage Insurance shall cover full replacement value for damages to any property caused directly
or indirectly by or from acts or activities of the Contractor or its sub-contractors or any person acting for the
Contractor or under its control or direction.
The Contractor shall procure and maintain, at its sole expense, and throughout the term of this Contract
Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned
and non-owned automotive equipment operated. Such coverage limits shall not be less than $1,000,000
combined single limit.
Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the
City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the
City, its officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing
payment of losses and related investigation, claim administration, and defense expenses.
The Contractor shall also furnish the City with a certificate evidencing Worker's Compensation Insurance
with limits as established by the State of California.
The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein.
7. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety
Bonds for one hundred percent (100%) each of the contract price. The bonds shall be a "Faithful
Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials
Payment Bond" which shall secure the payment of the claims of labor, mechanics, or materialmen for all
work under the Contract pursuant to Section 3247 of the Civil Code.
8. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns guarantee
that all work performed under this Contract fully meets the requirements thereof as to quality of
workmanship and materials furnished. If any defects in materials or workmanship become evident within a
period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at
his or her own expense, make any repair(s) or replacement(s) necessary to restore the work to full
compliance with the Plans and Specifications.
9. The Contractor and any agents or subcontractors of the Contractor shall pay the prevailing rates of
per them wages established by the California Department of Industrial Relations. The Contractor and any
agents or subcontractors of the Contractor shall also adhere to the California Labor Code, Division 2, Part 7,
"Public Works and Public Agencies," and the California Administrative Code, Title 8, Group 3, "Payment of
Prevailing Wages upon Public Works," all of which are made a part of the Contract documents.
26 Page 11 of 66
AGREEMENT
PROJECT NO, 4365
10. The Contractor agrees that he or she and its subcontractors shall maintain and keep books, payrolls,
invoices of materials, records on a current basis, and recording all transactions pertaining to this Agreement
in a form in accordance with generally acceptable accounting principles. Said books and records shall be
made available to the City of Lake Elsinore, County, the State of California, and the Federal Government
and to any authorized representative thereof for purposes of audit and inspection at all reasonable times
and places. All such books, payrolls, invoices of materials, and records shall be retained for such periods of
time as required by law, provided, however, notwithstanding any shorter period of retention, all books,
records, and supporting detail shall be retained for a period of at least three years after expiration of the
term of this Agreement.
11. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the
substitution of securities for any monies withheld by the City of Lake Elsinore to ensure performance under
Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall
be deposited with the City of Lake Elsinore, or with a state or federally chartered bank as the escrow agent,
who shall pay such monies to the Contractor. Securities eligible for substitution under this section shall
include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of
deposit, interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall be
the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or
interest thereon. The Contractor shall give the City written notice within thirty (30) days after the Contract is
awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted
securities are deposited into an escrow, the escrow shall be governed by a written escrow Contract
Agreement in a form which is substantially similar to the Contract Agreement set forth in Section 22300, of
the Public Contract Code.
12. The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore (RDA), its officers, agents, and employees harmless
from any and all liability, claims, damages or injuries to any person, including injury to the Contractors
employees and all claims which arise from or are connected with the negligent performance of or failure to
perform the work or other obligations of this Contract Agreement, or are caused or claimed to be caused by
the negligent acts of the Contractor its officers, agents, employees, sub-contractors or suppliers, and all
expenses of investigating and defending against the same; provided, however, that this indemnification and
hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the City,
RDA, and County of Riverside its officers, agents, or employees.
The obligation to indemnify, defend and hold harmless set forth herein shall include, without limitation, any
and all attorney's fees incurred by the party to be indemnified, defended, or held harmless, whether in a
judicial or administrative action or in arbitration, and whether the issue is between the parties or involves
one or more third parties.
13. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree
to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily
or by action of law, assign any obligation assumed by the Contractor hereunder without prior written consent
of the City.
14. Should either party bring any legal or equitable action for the purpose of protecting or enforcing its
rights under this Contract Agreement, the prevailing party in such action shall recover in addition to all other
relief, its reasonable attorney's fees and court costs to be fixed by the court.
A
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In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its attorneys'
fees incurred in any post judgment proceedings to enforce any judgments in connection with this Contract
Agreement. The Provision is separate and several and shall survive the merge of this Provision into any
judgment.
15. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section
3700, of the Labor Code which require every employer to be insured against liability for Workers'
Compensation or to undertake self-insurance in accordance with the Provisions of that code, and I will
comply with such Provisions before commencing the performance of the work of this Contract.
16. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City
of Lake Elsinore.
17. Contractors are required by law to be licensed and regulated by the Contractors' State License
Board. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License
Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento,
CA 95826.
(SIGNATURE PAGE FOLLOWS)
28 Page 13 of 66
AG"REEMENT
#-%NMA
PROJECT NO. 4365
City of Lake Elsinore,
Municipal Corporation
BY:
Financial Administrative Services Director/
City Manager/Mayor
(Select only one please)
Al IQ,
INTERNAL USE ONLY
ATTEST:
City Clerk
(only needed if Mayor signs)
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
(if contract exceeds $15,, 000)
Date
EBS General Engineering, Inc.
License No./
Classification: A 720016
Expiration Date: 03/31/12
Federal I.D. No.: 33-0634599
PRINT NAME: Joseph Nanci
SIGNATURE:
TITLE: President
797, MAN =
PRINT NAME:
SIGNATURE:
TITLE:
DATE:
W-0
70
SIGNING INSTRUCTION TO THE CONTRACTOR:
All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a
notary public.
General Partners must sign on behalf of the partnership.
In the event that the contracting firm is a corporation, two (2) corporate officer's having authority
from the corporation MUST sign (two (2) signatures total). If the corporation has a corporate
resolution stating that one person is authorized to sign on behalf of all officers, attach corporate
.dug"
resolution immediately following the notary certificates. Corporate Seal may be affixed hereto.
A I a a 0 a
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PREMIUM
FAITHFUL PERFORMANCE BOND
(100% of Total Contract Amount)
PROJECT NO. 4365
SIDEWALK PROJECT
FY 2010-2011
KNOW ALL MEN AND WOMEN BY THESE PRESENTS:
THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has
awarded to EBS General Engineering, Inc, as Principal hereinafter designated as "Contractor' and have
entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete
certain designated public improvements, which said Contract Agreement, effective on the date signed by
the Mayor, and identified as PROJECT NO. 4365, is hereby referred to and made a part hereof; and
WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond
guaranteeing the faithful performance of said Contract Agreement;
NOW THEREFORE, we the undersigned Contractor and , as
Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of
dollars, ($ ), lawful money of the United States, to be paid
to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and provisions in said Contract Agreement and any
alterations thereof made as therein provided, on his or her or their part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City of Lake Elsinore, its officers, agents and employees, as therein
stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and
effect. In the event suit is brought upon this bond by the City and judgement is recovered, the Surety shall
pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the
terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions
accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to
the work or the Provisions.
(SIGNATURE PAGE FOLLOWS)
30 Page 15 of 66
PROJECT NO. 4365
BOND NO.
IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day
of 2012
I
ii
61 A a A- VA
Contractor Name: Name:
Address: Address:
Telephone No.: Telephone No.:
Print Name: Print Name:
Attorney-in-Fact
Signature: Signature:
Approved as to Form this
day of 20
City Attorney
City of Lake Elsinore
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All
signatures must be acknowledged before a notary public (attach acknowledgments).
The attorney -in -fact for the corporate surety must be registered, as such, in at least one
county in the State of California. (Attach one original Power of Attorney sheet for each
bond).
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LABOR AND MATERIALS PAYMENT BOND
(100% of Total Contract Amount)
PROJECT NO. 4365
SIDEWALK PROJECT
FY 2010 -2011
THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City ", has
awarded to EBS General Engineering, Inc, as Principal hereinafter designated as "Contractor" and have
entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete
certain designated public improvements, which said Contract Agreement, effective on the date signed by
the Mayor, and identified as PROJECT NO. 4365, is hereby referred to and made a part hereof; and
WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the
payment of claims of laborers, mechanics, materialmen, and other persons, as provided by law;
NOW, THEREFORE, we the undersigned Contractor and , as
Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of
dollars, ($ ), lawful money of the United States,
for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors,
administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the
State of California Civil Code, Section 3181, or amounts due under the Unemployment Insurance Code with
respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld,
and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her
subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such
work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum
specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this
bond by the City or other person entitled to bring such an action and judgement is recovered, the Surety
shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the
court.
This bond shall inure to the benefit of any of the persons described in the State of California Civil Code
Section 3181, to give a right of action to such persons or their assigns in any suit brought upon this bond.
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32 Page 17 of 66
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IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day
of 20
Contractor Name: Name:
Address: Address:
Telephone No.: Telephone No.:
Print Name: Print Name:
Attorney-in-Fact
Signature: Signature:
Approved as to Form this
day of 20
City Attorney
City of Lake Elsinore
NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All
signatures must be acknowledged before a notary public (attach acknowledgments).
The attorney-in-fact for the corporate surety must be registered, as such, in at least one
county in the State of California. (Attach one original Power of Attorney sheet for each
bond).
This Agreement for Professional Services (the "Agreement") is made and entered into as
of the day of 1 2012, by and between the City of Lake Elsinore, a
municipal corporation ("City") and Southern California Soil & Testing, 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 the completion of the project.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $ 17,390.00 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.
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.
�. Consultant a 94 re
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).)
11. Professional Ability of Consultant. City has relied upon the professional training and
ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Consultant to practice its profession. Consultant represents and warrants to City that Consultant
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its
officers, officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all
costs and expenses in connection therein), arising out of the performance of this Agreement or
its failure to comply with any of its obligations contained in this Agreement, except for any such
claim arising out of the sole negligence or willful misconduct of the City, its officers, agents,
employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition,
Consultant shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any
notice- of cancellation or non-renewal of all Workers' Compensation policies must
be received by the City at least thirty (30) days prior to such change. The insurer
shall agree to waive all rights of subrogation against City, and its officers, agents,
employees and volunteers for losses arising from work performed by Consultant
for City. In the event that Consultant is exempt from Workers' Compensation
Insurance and Employer's Liability Insurance for his/her employees in
accordance with the laws of the State of California, Consultant shall complete
and submit to the City a Certificate of Exemption from Workers Compensation
Insurance in the form attached hereto as Exhibit C.
Page 22 of 66
ii. General Liability Cove 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 an AM Best rating of no less than A: VII and shall be endorsed
with the following specific language:
i The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured's with respect to liability
arising out of work performed by or on behalf of the Consultant, including
materials, parts or equipment furnished in connection with such work or
operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City
may have shall be considered excess insurance only and shall not contribute
with it.
iii. This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents, or volunteers.
IiEEWM&T,D�
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: Southern California Soil & Testing, Inc.
Attn: Garrett Fountain, PE, GE
1130 Palmyrita, Suite 330-A
Riverside, CA 92507
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications,
including correspondence, drafts, memoranda, and representations, are superseded in total by
this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to
City for entering into this Agreement is the professional reputation, experience and competence
of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to
City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or
obligations of the Consultant under this Agreement will be permitted only with the express
consent of the City. Consultant shall not subcontract any portion of the work to be performed
under this Agreement except as provided in Exhibit D without the written authorization of the
City. If City consents to such subcontract, Consultant shall be fully responsible to City for all
acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
0 'r 0 �
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. Severabilit
y. 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.
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:
ATTEST:
City Clerk
City Attorney
CONSULTANT:
I
EXHIBIT A
Page 27 of 66
SOUTHERN CALIFORNIA
SOIL &TESTING, INC.
A California Certified Small Business Enterprise (SBE)
February 16, 2012
Peter Ramey, PE, Project Engineer
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Re: Construction Geotechnical Services
SB 821 Sidewalk Improvements
Project No. 4365
Dear Mr. Ramey:
1130 Palmyrita Avenue, Suite 3 30-A
Riverside, CA 92507
Phone 951.965.8711
Fax 951.680.9 100
N%29m� �M
SCS&T No. 12RS007
In accordance with your request, Southern California Soil and Testing, Inc. (SCS&T) is pleased to submit this preliminary budget
estimate for professional services on the subject project locations within the City of Lake Elsinore, California. We understand
the project will consist of construction new PCC sidewalks,ADA access ramps, PCC curb and gutter, roadway excavation,
placement of Class 11 aggregate base and asphalt paving. In addition, storm drain improvements will include the extension of two
storm drain systems, and minor grading that will occur at the back of the sidewalks. SCS&T has reviewed the above- referenced
documents and addressed the requirements for geotechnical observation and testing, and materials testing in the attached scope
of services. Based upon our review of the project documents and experience on similar projects, we propose to provide our
services on a time and materials basis at the unit rates provided in the attached budget estimate.
SCS&T can submit a revised budget estimate should a construction schedule become available. The time requirements for our
services are directly dependent upon the performance of the contractor/subcontractor performing the work. We will invoice
for services performed at the specified unit rates for the quantities shown in the attached budget estimate. The estimated
budget covers services specifically outlined in this proposal. Should additional services become necessary and/or requested, the
additional services will be invoiced in accordance with the rates listed on the attached Schedule of Fees.
SCS&T will not be utilizing any subconsultants during this contract, so Attachment D has not been included with this proposal.
Standard Form LLL is attached, but because SCS&T does not lobby, the Certification for Contracts, Grants, Loans and
Cooperative Agreements form does not apply, and has not been included with this proposal.
SCOPE OF GEOTECHNICAL ENGINEERING SERVICES
Based on our review of the referenced documents, and in accordance with the approved plans, specifications, Caltrans
Construction Manual, "GreenBook" Latest Edition, and the City of Lake Elsinore requirements, our proposed scope of services
for geotechnical observation and testing will consist of the following:
• Participation in a pre-grading meeting attended by the principal parties involved in the earthwork;
• Conti nuous/Periodic observation of the earthwork operations and relative compaction testing for utility trench backfill,
subgrade preparation, aggregate base and asphalt placement;
• Periodic observation of earthwork operations by our geotechnical staff;
• Performance of laboratory tests to determine the pertinent engineering properties of the soils, bedding sand, aggregate
base and asphaltic concrete encountered in the earthwork;
• Preparation of reports summarizing our tests and observations of the utility trench backfill, subgrade preparation,
aggregate base and asphalt placement.
Additional services that were not specifically stated in construction plans but are required in accordance with the 2010 CBC or
City of Lake Elsinore requirements will be provided as follows:
Provide daily inspection reports describing the work inspected and stating compliance or non-compliance with the
project documents.A copy of the daily report will be left with the on-site superintendent. Reports will be reviewed by
SCS&T's project engineer, a Registered Civil Engineer, and will be distributed to the designated recipients.
Provide supervision of our project personnel by our project manager. The project manager will review all inspection
reports and test results, attend site meetings as requested, and review all billing. Additionally, the project manager will
act as a point of contact and will be available to answer questions that may arise.
AU0 =9
COST INFORMATION
Our budget estimate for services is based on our review of the referenced documents, and past experience on similar projects.
We propose to provide our services on a time and materials basis according to the Schedule of Fees included in this budget
estimate. Based on the above scope, we estimate our fees to be $17,390. A cost table presenting a breakdown of our estimate
has been provided on the following page.
0,
(1) Recognizing that our services are directly dependent upon the performance of others, we will invoice for services
rendered at the specified unit rates for the quantities shown on the attached budget estimate. It should be recognized
that unforeseen conditions, unfavorable weather and other unanticipated conditions may affect the actual duration of
the work. Services in addition to those described in this budget estimate may be requested by or on behalf of the client
and will be invoiced on a time and materials basis at the unit rates outlined in this document.
(2) The unit costs shown are based upon work taking place between the hours of 0600 and 1700; Monday through Friday,
excluding nationally recognized holidays. Work performed on a Saturday or more than 8 hours on a given day will be
invoiced at 1.5 times the standard rate. Work performed on Sunday or nationally recognized holidays will be invoiced at
2 times the standard rate. All unscheduled cancellations will be invoiced a minimum of 2 hours. All other terms and
conditions shall be per our standard Schedule of Fees.
DEFINITION OF RESPONSIBILITY
The presence of our field representative will be for the purpose of observing the construction and reporting its general
compliance with the approved plans and the applicable building codes. Our work does not include the supervision or direction of
the contractor's work, his employees or agents.The contractor is responsible for his/her own work, and neither the presence of
our field personnel nor the observation and testing by this firm should excuse him in any way for defects in his work. It should
further be understood that we are not responsible for site safety.
CLOSURE
We appreciate this opportunity to present SCS&T's qualifications package. I am aVice President and executive officer of the
firm, authorized to bind the firm contractually. Should our firm be selected for this contract, I will serve as principal-in-charge
and project manager. I will be the primary point of contact and can be reached at 619.944.4012 (mobile), 619.280.4321 (office),
or at gfountain@scst.com.
We look forward to the possibility of working with the City and appreciate your consideration on our behalf.
Respectfully Submitted,
Souther a�California Soil &Testing, Inc.
"'Garrett Fountain, PE, GE
Vice President/Principal Engineer
Enclosures: Proposal (3)
Electronic (1)
Page 29 of 66
4. Exhibit F -Disclosure of Lobbying Activities
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type: Not Applicable
a. contract Not Applicable
a. bid/offer/application
a. initial filing
b. grant
b. initial award Not
b. material change
c. cooperative agreement
c. post-award Applicable
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: Not
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
❑ Prime ❑ Subawardee Applicable
and Address of Prime: Not Applicable
Tier I if known:
Congressional District, if known:
Congress ional District, if known:
6. Federal Department/Agency: Not Applicable
7. Federal Program Name/Description: Not Applicable
CFDA Number, if applicable:
8. Federal Action Number, if known: Not Applicable
9. Award Amount, if known: Not Applicable
10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if
(if individual, last name, first name, Ml): Not different from No. 10a) Not Applicable
Applicable (last name, first name, Ml):
(attach Continuation Sheet(s) SF-LLL4, if necessary)
11. Amount of Payment (check all that apply):
13. Type of Payment (check all that apply): Not Applicable
$ Not Applicable ❑ actual ❑ planned
❑ a. retainer
❑ b. one-time fee
❑ c. commission
12. Form of Payment (check all that apply): Not
❑ a. cash Applicable
❑ d. contingent fee
❑ b. in-kind; specify: nature
❑ e. deferred
value
❑ f. other; specify:
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s),
employee(s), or Member(s) contacted, for Payment Indicated in Item 11: Not Applicable
(attach Continuation Sheet(s) SF-LLLA, if necessary)
15. Continuation Sheet(s) SF-LLLA attached: ❑ Yes ❑ No
16. Information requested through this form is authorized by title 31 U.S.C. section
Signature: L 0 T_
1352. This disclosure of lobbying activities is a material representation of fact
upon which reliance was placed by the tier above when this transaction was made
or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This
Print Name- Howard Katz
information will be reported to the Congress semi-annually and will be available for
public inspection. Any person who fails to file the required disclosure shall be
Title: CEO
Telephone No.: 619-280-4321 Date: 2/16/12
subject to a civil penalty of not less that $10,000 and not more than $100,000 for
each such failure.
Federal Use Only:
Authorized for Local Reproduction
I
Standard Form LLL (Rev. 7-97)
� i
i �
1. Propos
Budget Estimate and Resource Allocation Matrli-�
BUDGET ESTIMATE SUMMARY
GEOTECHNICAL ENGINEERING
SERVICES
Estimated Hours/Unit
Rate/Unit
Total Cost
IGEOTECHNICAL FIELD PERSONNEL
Soils Tech - Compaction Testing (including Utility Trench Backfill,
Subgrade Preparation, Aggregate Base and Asphalt Placement) (Assume 12
96 hours
@
$104.00 /hour
$9,984.00
days)
Soils Tech (Retests - billing identified seperately)
4 hours
@
$104.00 /hour
$416.00
Field Tech (Batch Plant/Plant Inspection)
8 hours
@
$104.00 /hour
$832.00
Project Management/Site Meetings (inc. preconstruction)
6 hours
@
$125.00 /hour
$750.00
1,982.00
1PROFESSIONAL STAFF/REPORTS
Mix Design Review - Project Engineer
2 reports
@
$320.00 /report
$640.00
Project Management/Engineer
4 hours
@
$160.00 /hour
$640.00
Report - Site Improvements
I report
@
$960.00 /report
$960.00
$2,240.00
LABORATORY TESTING
Asphalt Conformance Testing (Hveem-Max Density, Extraction -
2 tests
@
$578.00 hest
$1,156.00
Gradation)
Aggregate Base Conformance Testing (Max Density, Gradation) 2 tests @ $359.00 /test $718.00
Bedding Sand Conformance Testing (Max Density, Gradation) 2 tests @ $359.00 /test $718.00
Maximum Density Test - Soils (Method A & D) 3 tests @ $192.00 /test $576.00
1 $3,168.00
ITOTAL FOR GEOTECHNICAL ENGINEERING SERVICES $1793900
Task I Field Personnel 6 108 114
Task 2 Laboratory Testing 9 9
Professional Staff/
Task 3 Report Preparation 10 10
Total Hours 124
Total Tests 9
1 Total Cost 1$17,390 1
Page 32 of 66
2. Attachment C - Elements of Compensation
For the satisfactory performance and completion of the Services under this agreement, the City
will pay the Consultant compensation as set forth herein. The total compensation for this
service shall not exceed (seventeen thousand, three hundred and ninty dollars) 117,390V
) without written approval of City's City Manager (or
applicable position) ("Total Compensation")
Compensation for the services will be comprised of the following elements: 1.1 Direct Labor
Costs; 1.2 Fixed Fee, and; 1.3 Additional Direct Costs.
Direct Labor Costs shall be paid in an amount equal to the product of the Direct
Salary Costs and the Multiplier, which are defined as follows.-
1. !.1 Direct Salary Costs
Direct Salary Costs are the base salaries and wages actually paid to the
Consultant's personnel directly engaged in performance • the Services under
the Agreement. (The range of hourly rates paid to the Consultant's personnel
appears in Section 2 below)
1.1.2 Multiplier
The multiplier to be applied to the Direct Salary Costs to determine the Direct
Labor Costs is 2.686 , and is the sum of the following components-,
Direct Salary Costs.-
1.1.2.2 Payroll Additives .416
The decimal ratio of Payroll Additives to Direct Salary Costs. Payroll
Additives include all employee benefits, allowances for vacation, sick
leave, and holidays, and company portion of employee insurance and
social and retirement benefits, all federal and state payroll taxes,
premiums for insurance which are measured by payroll costs, and other
contributions and benefits imposed by applicable laws and regulations.
Overhead Costs
is%
The decimal ratio of allowable Overhead Costs to the Consultant firm's
total direct salary costs. Allowable Overhead Costs include general,
administrative and overhead costs of maintaining and operating
established offices, and consistent with established firm policies, and as
defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier
(Sum of •
UU0111-001S,
Page 33 of 66
2. Attachment C - Elements of Compensation
1.2 FIXED FEE
1.2.1 The fixed fee (Not to Exceed) is $ Varies
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total
Direct Labor Costs expended for services each month, and shall
be included on each monthly invoice.
Additional Direct Costs directly identifiable to the performance of the services of
this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Blueline
LD Telephone
Fax
Photographs
$90.00
$00.50
Travel by air and travel in excess of
nearest to the City's office must havt
reimbursed under this agreement.
/day
e
/trip
/hour
/copy
1& -4
♦
is
100 miles from the Consultant's office
the City's prior written approval to be
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct
Salary Costs in Section 1. 1. 1 above, are given below and are subject to the following.-
2.1 Direct Salary Rates shall be applicable to both straight time and overtime
work, unless payment of a premium for overtime work i's required by law,
regulation or craft agreement, or is otherwise speed in this Agreement. In
such event, the premium portion of Direct Salary Costs will not be subject to the
Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein are in effect for one year following the
effective date of the Agreement. Thereafter, they may be adjusted annually to
reflect the Consultant's adjustment to individual compensation. The Consultant
shall notify the City in writing prior to a change in the range of rates included
herein, and prior to each subsequent change.
Page 34 of 66
POSITION or CLASSIFICATION
(Sample)
2. Attachment C - Elements of Compensation
Please see attached fee schedule.
2.3 The above rates are for the Consultant only. All rates for subconsultants
to the Consultant will be in accordance with the Consultant's cost
proposal.
3.1 Each month the Consultant shall submit an invoice for Services
performed during the proceeding month. The on*ginal invoice shall be submitted
to the City's Executive Director with two (2) copies to the City's Project
Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included
erein, unless otherwise agreed in writing by the City's Representative.
3.3 Base Work and Extra Work shall be charged separately. The charges for
each task and Milestone in the Scope of Services shall be listed separately. The
charges for each individual assigned by the Consultant under this Agreement
shall be listed separately on an attachment to the invoice.
A
I hereby certify that the hours and salary charged in this invoice are the
Actual hours and rates worked and paid to the employees listed.
Signed
Title
Date
Invoice No.
Page 35 of 66
2. Attachment C - Elements of Compensation
F:-QM
4.1 The City shall pay the Consultant within four to six weeks after receipt by
the City of an on*ginal invoice. Should the City contest any portion of an invoice,
that portion shall be held for resolution, without interest, but the uncontested
balance shall be paid.
4.2 The final payment for Services under this Agreement will be made only
after the Consultant has executed ♦ Release and Certification of Final Payment.
Page • of 66
EngineerlGeologist
S. Schedule of Fees
Southern ��"�N��°� " ���.°0 =� 0 ��mm�������Nm���0�����mnc.
Prepared for City of Lake Elsinor4
Confidential Prevailing-Wage Schedule of Fees for Professional Services, Effective February
2002
PROFESSIONAL SERVICES
Principal $160
Senior |4V
Staff ||6
Concrete Mix Design Review 167
Deposition and Trial Testimony (4+ou Minimum, with any time over 4 hours billed aun hours) ............................................................................................... 350
Technician
Supervisor $125
Soils Technician 104
Materials Technician V\C0 —'----'----'—'--'---'--'__------------'------------'----'_—'---|04
QA/QC Technician (Third Party) .................. ............................................................. ........ ........................... ....................... .............. ........... ....... .... ...... _|04
FloorFlatness (Dip Stick) Technician ..... .................... .................... ........... — ........ — .................................. ... ............................... ....... ...... ........ — ...... ........ —200
Corimg- Amphalt, Concrete, Masonry and Gunum ...... .......................... —............................................ ............................ --_----................... .......... |75
Certified Deputy Inspection
CertifiedMaterials Special Inspector ........ ....................... ...... ........................... ...........................
........ ....... .................................. ........... ................ $|04
CertifiedBuilding Inspector ............ .......... .................. .... .................................. — ..........................
--- ...................................................... ............ ............... \09
NDTTechnician VJT,MT, DT VT) ' ...... ............ ... ............................ ..................... ....... -- ..... ........... ........... ...... ......... ................ ............................. {U9
BatchPlant Inspector ............. ......................... .................................................................................................................................................................................
|04
OSPHDInspector A, B ........................................................................................................................................................................................................................
||B
OSPHD Inspector C -------'_----'--.---------'------------'--'-----------------'----||6
Miscellaneous
Overtime and Saturday Rate 1.5 x Regular Hourly Rate
Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving) 2 x Regular Hourly Rate
MinimumProfessional Fee ................................................................................................................................................................................................... $500Projec
MinimumField Services Fee ................................................................................................................................................................................................ $400/Projec
RuhSunchargo ------------------------------------------------------------.normarac plus 50%
TRAVEL
Permonnm----------'--------------'--'—'_----------'--------------'----RegularHuudypar
PerDiem (vurable. depending on location) ..................................................................................................................................................................... $80|60day
Sample Pick Up (San Diego, Riverside and San Bernardino Counties) ....................................................................................................................................... $63
EQuIPMENT AND MATERIALS
Nuclear Gauge .--'-----'-----'---------'---'-----------------'------|ndudedmTmchniciunMac
OutsideSem}cemEqu)pmandMuterialo ................................................................................................................................................................................ Cost +%0%
Generator.......................................................................................................................................................................................................................................... $5o/day
Puchomecer.................................................................................................................................................................................................................................... $|0/hour
I LABORATORY TESTS
Soil and Aggregate
Maximum Density, 4-inch mold (ASTMo/ $192 Hydrometer Analysis (ASTM 106
Maximum Density, 6-mchmold (ASTM D/ 212 Collapse Potential (ASTM D5333) ....................................................... 106
Rock Correction for Maximum Densities .......................................... 25 Expansion Index ySTMo4a2p ........................................................... |70
LABORATORY TESTS
Soil and Aggregate (cont.)
Direct Shear, Normal Speed (ASTM D3080) ..................................
$200
Direct Shear, Slow Speed (ASTM D3080) .............. ............................319
106
Resistance Value, R-Value (Cal 301, ASTM D2844) ...........................265
Compressive Strength, Grout 3" x3"x6" (ASTM C 10 19) .................. 26
California Bearing Ratio includes Max Density C (ASTM D 1883) .....594
Compressive Strength, Mortar 2"x2" (ASTM C 109) ......................... 28
Sand Equivalent (Cal 217, ASTM D2419) ................... .............................85
242
Corrosivity (inc. pH, resistivity, soluble chlorides and sulfates) ...........220
Sieve Analysis, Coarse (ASTM C 136) ....................... .............................57
$26
Sieve Analysis, Fine (ASTM C 136) ..........................................................
71
Specific Gravity, Coarse (ASTM C 127) .................................................
66
Specific Gravity, Fine (ASTM C 127) .......................... .............................66
Flexural Strength, 6 11 x6"x24" Beam (ASTM C78) ..............................
Durability Index (Cal 227) .....................................................................
215
Asphalt Concrete
Metals
Hveem — Maximum Bulk Specific Gravity (Cal 308) per plug.....
$128
Hveem and Stabilometer (Cal 308/366) per plug .. ............................168
Tensile Strength, #9 - #I I (ASTM E8) .................................................
Rice — Maximum Theoretical Specific Gravity (ASTM D2041) ......256
Bend Test, #3 - #I I Reinforcing Steel (ASTM E8) ............................
Bulk Specific Gravity, Cores (ASTM D 1188) ........... .............................56
Sieve Analysis Extracted Aggregate (ASTM D5444) ...........................
86
Percent Bitumen (ASTM D6307) .............................. ............................176
Marshall Density (ASTM D6926) per plug .............. ............................128
Marshall Density, Stability and Flow (ASTM D6927) per plug........
168
Additional laboratory testing prices available upon request.
S. Schedule of Fees
Masonry
Compressive Strength, Block 8"x 8"x 16" (ASTM C 140) ...............
$50
Compressive Strength, Prisms 8"x 16 "x8" or smaller ..................
106
Compressive Strength, Prisms Larger than 8"x 16 "x8" ................ 143
Compressive Strength, Grout 3" x3"x6" (ASTM C 10 19) .................. 26
Compressive Strength, Mortar 2"x4" (ASTM C780) ......................... 26
Compressive Strength, Mortar 2"x2" (ASTM C 109) ......................... 28
Linear Shrinkage, Block (ASTM C426) ................................................
242
Concrete
Compressive Strength, Cylinders (ASTM C39) ................................
$26
Compressive Strength, Core (ASTM C42) ..........................................
57
Compressive Strength, Shotcrete Panel, 3 cores (ASTM C 1140)..279
Splitting Tensile Strength, 6"x 12" Cylinder (ASTM C496) ..............
71
Flexural Strength, 6 11 x6"x24" Beam (ASTM C78) ..............................
71
Length Change, Mortar or Concrete (ASTM C 157) .......................
357
Metals
Tensile Strength, #3 - #8 Reinforcing Steel (ASTM A615/A706)...$71
Tensile Strength, #9 - #I I (ASTM E8) .................................................
87
Bend Test, #3 - #I I Reinforcing Steel (ASTM E8) ............................
43
TERMS AND CONDITIONS
All field services will be charged from portal to portal with the following minimum charges:
• A one-hour minimum charge will be applied to materials sampling and sample pickups.
• A four-hour minimum charge will be applied to all field services.
• Work in excess of eight hours up to twelve hours in a single day, will be charged in 30-minute increments at 1.5 times the standard rate.
• Work in excess of twelve hours in a day will be charged in one-hour increments at 2.0 times the standard rate.
• The Director of Industrial Relations (DIR) may dictate periodic increases to the prevailing wage during the duration of this project/contract. SCS&T will increase
our hourly rate on the effective date determined by the DIR, by a factor of 1.8 times the hourly increase.
Work performed by field or laboratory personnel outside of normal business hours (6:30 AM — 5:00 PM) will be charged a premium on a case-by-case basis.
Reimbursables: SCS&T reserves the right to charge for services outside of the contract in the form of reimbursables. These items include, but are not limited to the
following consumables: magnetic particle powder, ultrasonic copulent, concrete cylinder cans, etc. The following are also included: mileage, travel time, per diem,
equipment rental, administrative time utilized for photocopying, distribution lists, express mailing, archive searches, etc.
Equipment rental or subcontracted services not included in our Fee Schedule will be charged at cost plus 20 percent. Subcontracted services that are included on
the Fee Schedule will be charged at those rates. Per them charges will be applied to projects outside a 50-mile radius of our office. Mileage will be charged at the
rate of 50 cents per mile for distances over 50 miles from the location of dispatch.
Invoices for all services completed or in progress will be submitted bi-monthly. These invoices are due in full upon presentation to the client. Invoices outstanding
over 30 days will be considered past due. A finance charge will be computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent, and charged
on all past due accounts. If legal action is brought on delinquent accounts, the prevailing party shall be entitled to recover its reasonable attorney's fees and other
costs of collection.
Our professional engineering, geology, and inspection services are performed in accordance with the current standards of practice in the industry. No other
warranty or representation, express or implied, is made or intended.
6280 Riverdale Street 83-740 Citrus Avenue, Suite G 1130 Palmyrita Avenue, Suite 330-A
San Diego, California 92120 Indio, California 92201 Riverside, California 92057
619.280.4321, Toll Free 877.215.4321 760.775.5983, Toll Free 877.215.4321 951.695.8711, Toll Free 877.215.4321
www.scst.COM www.scst.COM www.scst.COM
EXHIBIT C
jEE3NUM
3. Attachment E -Workers Compensation insurance
CC> CERTIFICATE OF LIABILITY DATE cMMrD1�rY 2/1/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the ptolicy(les) must be endorsed. If SUBROGATION IS WAIVED, sullect to
the tears and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsernen s .
PRODUCER NAIL Certif irate Department
Cavigmac & Associates PHONE _4-_ 8601 t � �; 619- 234 -6848
450
Street, Suite 1800 ADDREs3: certificateSgca + t-- �.-i nap.com
San Diego, CA 92101 -800
PRODUCER
�s.^ense No. OA9952 x SOUTH -6
AFFORDING COVERAGE I NAIL ilk
CnVFRAGFS CFRTIFICATF NtIURF:R- 164437 RFVI.IglnN NtIMRFR- 272784
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS
INSURED
THE TERMS,
INSURER A
Southern California Sail & Lesting, Inc.
_EXCLUSIONS
INSR -_
DDL SUSR —M_ _ �_ _ ___ POLICY EFF
LTR ? TYPE OF INSURANCE ; POLICY NUMBER MMID
INSURERS:
6280 Riverdale Street
A GENERAL LIABILITY j 1 6 8 0 � 6-1.10 6 4 t
_ :.� 2 / 1, 2 011
`
j 12 / 1 / 2 012 EACH OCCURRENCE
San Diego, CA 92120 United States
X COMMERCIAL GENERAL LIABILITY r i
INSURER C -7
1,000,000
_
_�
CLAIMS -MADE j�X OCCUR ! t
INSURER 0
(_
(y_
_ _ _
x Contractual Liability
Y f
INSURER E.,
1,000,000
_...__
n_ ! _Cross Li ab/ Sev of 1nt
INSURER F:
CnVFRAGFS CFRTIFICATF NtIURF:R- 164437 RFVI.IglnN NtIMRFR- 272784
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS,
AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_EXCLUSIONS
INSR -_
DDL SUSR —M_ _ �_ _ ___ POLICY EFF
LTR ? TYPE OF INSURANCE ; POLICY NUMBER MMID
POLICY EX� �^
M L#Mi75
—__ - - - - --
A GENERAL LIABILITY j 1 6 8 0 � 6-1.10 6 4 t
_ :.� 2 / 1, 2 011
`
j 12 / 1 / 2 012 EACH OCCURRENCE
1,000,0()0
X COMMERCIAL GENERAL LIABILITY r i
_ ,
�� `
s PREMISES (Ea occurrert� $
1,000,000
_
_�
CLAIMS -MADE j�X OCCUR ! t
€ ME) EXP (Any one �rsor►} $
(_
(y_
_ _ _
x Contractual Liability
Y f
�— $
€ PERSONAL & ADV INJURY _
_. _ —_
1,000,000
_...__
n_ ! _Cross Li ab/ Sev of 1nt
GENERAL AGGREGATE 1$
_ 0 0 0 , 0 0 0
j
GEN'L AGGREGATE LIMIT APPLIES PER: i j i
j PRODUCTS - COMPIOP AGG $
,000,000
PRO-
POLICY I x ':' I LOC t
I Deductible $ 0
A AUTOMOBILE LIABILITY `BA461M650A 12 / 1 /X111
12,11 2012 COMBINED SINGLE LIMIT $
11000,000
� ANY AUTO
-_-�
(Ea accident) —
BODILY INJURY (Per person } - $
€
-__-
ALL OWNED AUTOS
BODILY INJURY (Per accident) $
SCHEDULED AUTOS
_.._. _ E
PROPERTY DAMAGE ;
HIRED AUTOS j
$
(Per accident) }
NON-OWNED AUTOS
;UMBRELLA LIAR OCCUR s
EACH OCCURRENCE $�
EXCESS LU18 CLAIMS -MADE
__.._
YDEDUCTIBLE
_.---.---_---.__--
` j►
i
RETENTION
$
A WORKERS COMPENSATION t ` t1Ti 3 6 � 0 i 318 � n 1 � �
� % 2 0
t � 2 ' � 2 G 12 WC STATU- t3TH-
i / �
ANa EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNER/EXECUTiVE !
OFI+ICEWMEMBER EXCLUDED?` !NIA `
E.L. EACH ACCIDENT $
D.____- _.._____
1, 000,000
i (Mandatory In NH) NH) f E !
�
� E.L. DISEASE - EA EMPLOYEE $
1,000,000
i I� yyeep� describe iJn{�{3r � }
DESCRIPTION OF OPERATIONS below
=. {- ....-- _....__- _,- ._-_•- _.._-- ....__- _.__.__.....�_ r .._-_...___..,_....
E.L. DISEASE - POLICY LIMIT i $
.._-. ,- .....- ...- _- .._.......•..._..
1,000,000
B k Frc>f ,ssionai Liability MAY. 2PL,0005112 1j30/2012
1; 30/2013 Each Clam
$1, 000, 000
E `
Aggregate
$2,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES {Attach ACORD 101, Additional Remarks Schedule, If more spate is required}
Prof. : lab. - Claims made, defense costs included within limit. For Informational Purposes only.
UFRTIFICATF Nni nF;R r-Amr'FI I aTWI N
Specimen Certificate
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE r'
Jeffrey W. Cavignac
W I V " -ZUU!# At UKE) CUKFURATIUN. All rights reserved.
ACORD 25 (2099/09) The ACORD name and logo are registered marks of ACORD Page 2 of
EX1GtS - CA IGNAC & ASSOCIATES 172784
Page 40 of 66
f
Page 41 of 66
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 TIE _Engineering Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special
services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
C. City desires to retain Consultant to render professional consulting services and related
work as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described on Exhibit A which
is attached hereto and incorporated herein by reference. Consultant shall provide said services
at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of
this Agreement and .shall continue for a period of one (1) year or the completion of the project.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $ 11,980.00 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 Pa yment. 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 42 of 66
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 43 of 66
0 W
awove
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).)
11. Professional Ability of Consultant. City has relied upon the professional training and
ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Consultant to practice its profession. Consultant represents and warrants to City that Consultant
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its
officers, officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all
costs and expenses in connection therein), arising out of the performance of this Agreement or
its failure to comply with any of its obligations contained in this Agreement, except for any such
claim arising out of the sole negligence or willful misconduct of the City, its officers, agents,
employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California. In addition,
Consultant shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any
notice of cancellation or non-renewal of all Workers' Compensation policies must
be received by the City at least thirty (30) days prior to such change. The insurer
shall agree to waive all rights of subrogation against City, and 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.
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 an AM Best rating of no less than A: VII and shall be endorsed
with the following specific language:
i The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured's with respect to liability
arising out of work performed by or on behalf of the Consultant, including
materials, parts or equipment furnished in connection with such work or
operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self-insured retention the City
may have shall be considered excess insurance only and shall not contribute
with it.
iii. This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents, or volunteers.
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: TKE Engineering
Attn: Michael P. Thornton
2305 Chicago Avenue
Riverside, CA
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of
Agreement between the City and Consultant. All prior written and oral communications,
including correspondence, drafts, memoranda, and representations, are superseded in total by
this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City Attorney.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to
City for entering into this Agreement is the professional reputation, experience and competence
of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to
City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or
obligations of the Consultant under this Agreement will be permitted only with the express
consent of the City. Consultant shall not subcontract any portion of the work to be performed
under this Agreement except as provided in Exhibit D without the written authorization of the
City. If City consents to such subcontract, Consultant shall be fully responsible to City for all
acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
is-To M-A VZOTEITOw
i
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. Severabilit
y. 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.
28. Equal Ooportunity 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:
City Clerk
City Attorney
CONSULTANT:
i • i i
r
PROJECT UNDERSTANDING
The City of Lake Elsinore (City) desires to retain a
professional survey consultant to provide all
construction staking required to completely
construct the curb, gutter, sidewalk and asphalt
pavement improvements for the project including
tie out all existing street survey monuments, re-
establish destroyed monuments and set street
intersection monuments that currently exist. The
City desires to construct new PCC curb, gutter and
sidewalk, and asphalt concrete pavement
improvements on Campus Way, Sumner Avenue,
Poe Street and Mill Street. The project will
include minor grading along the sidewalk locations
and storm drain extensions.
In order to complete the project, the City requires
a consultant to establish survey control, perform
construction staking, locate and tie out all existing
monumentation, reset monumentation upon
completion of construction, file all appropriate
corner records and restake lost or damaged
stakes during construction.
TKE Engineering, Inc. (TKE), was established in
2000, and in the last twelve years has developed
into one of Southern California's premier full
service consulting A/E/C firms. TKE was
established with the goal of providing turnkey
service for municipal projects in order to benefit
our community. As a result of the focus of the
firm on this mission, TKE has earned a reputation
for thoroughness, rapid turnaround, cost
efficiency and overall quality of work. We are a
highly motivated, dynamic firm with the goal of
being your preferred consultant.
City of Lake Elsinore - Request for Proposal for Construction Survey Services
SS 821 Sidewalk ImprovementspJR1pj3qc& We 4365
Successful project delivery is our goal. Our
definition of successful project delivery
Project completion that meets all project
requirements
Project completion on schedule
Project completion within budget
We have developed this project approach in order
to maintain an expertise in our core business of
smaller projects with tight budgetary constraints.
Our approach to your surveying projects,
recognizing that both schedule and budget are of
primary concern, dictates that services must be
provided both efficiently and carefully. When this
is coupled with the various constraints present
with any project, it is critical that the City choose
a consultant with a proven track record of
delivering. With a familiar team of senior level
surveying professionals, TKE is the right choice for
this panel.
With surveying projects, our experience tells us
that there must be a proactive approach to
completing the work in order to maintain cost
constraint and stay on schedule. This approach
includes early identification of critical surveying
elements together with review of project schedule
and tasks.
Project Management
TKE takes pride in our reputation for
thoroughness, rapid turnaround, cost efficiency
and overall quality of work, and believes that a
high level of quality is needed on all surveying
services including preparation or review of legal
descriptions and associated plats, design surveys,
construction surveys, survey control point
establishment and monument preservation. High
quality surveying project management yields the
following tangible results:
Smoother processing
Efficient map processing
Foundation for effective design
Minimized construction changes
Reduced claims and dispute resolution
costs
TKE believes that the most successful project
management program is one that is applied
inherently throughout the entire design process
and all design activities. This program requires
not only formal procedures for checking, but
encourages the conscientious effort of
experienced people to always "create quality" in
every task performed throughout.
This program has become a natural element in all
aspects of TKE's management activities, and will
guide our work on this contract:
Staff training and development
•
Assignment of experienced staff
• Continuity of staffing
Project-specific work plan
Schedule compliance
Comprehensive field review and
compilation of site data
Established checking procedures, including
independent in-house QA/QC review
Dual (independent) quantity estimates
This Project Management program is in place to
ensure that surveying services provided by TKE
continue to exceed the standards of our clients
and that we will deliver the project on schedule
and within budget.
City of Lake Elsinore — Request for Proposal for Construction Survey Services
SS 821 Sidewalk Improvernents4figi5�;&INps 4365
6 * a UT#J
Based upon a field visit and preliminary project
research, we have prepared the following Scope of
Professional Services that will lead to the City
successfully completing the construction of the subject
project. Herein we identify and describe each task
required for project completion and provide a list of
deliverables where it applies.
1 , 1 iliq 11� 11111piiq�g; 1 11 =
Task 1.1-Siturvey Cont. I
TKE will research existing survey documents and
identify all potential monumentation. We will then
perform a project site survey to establish horizontal and
vertical control points to be used throughout
construction. All vertical control points will be
established based on City benchmarks.
T�- sk 1. 2 -Construction St king
TKE will set construction stakes at the offset requested
by the Contractor along proposed centerline of street
and storm drain extensions,, edge of pavement, curb
and gutter, sidewalk, residential drive approaches, and
pavement subgrade. Stakes will placed at 25-foot
intervals and at all vertical curves., grade breaks,
B.C.R."s,, E.C.R.'s, center of driveway and curb returns.
7�as-k 1-3-MonumentT e Out and Reestablishment
Once comprehensive records have been assembled,
TKE will perform a monument tie verification survey.
For each intersection, TKE will locate and occupy the
centerline monument and measure angles and
distances to each tie and adjacent monument along
improvement alignments. If ties could potentially be
disturbed during construction, TKE will establish new
ties at safe locations. All data accumulated will be
documented by field survey notes. Copies of the
survey notes will be provided to the City.
TKE will prepare pre-project Corner Records forms., in
accordance with Assembly Bill 1414 requirements, for
each intersection. We will utilize County required
forms. Prior to submission of the forms to the County,
TKE will submit them to the City for review. Upon City
authorization, TKE will submit them to the County
Surveyor for review and filing.
After construction is complete, TKE will survey each
intersection to determine if monuments have been
disturbed. TKE assumes the contractor will be
responsible for setting the monument well cap per Lake
Elsinore Standard 601a. For each lost or disturbed
monument, TKE will re-establish its position based on
tie or record data and verify its location based on
measurements to adjacent monuments. All data
accumulated will be documented by field survey notes.
TKE will prepare post-project Corner Records and City
Tie forms, in accordance with Assembly Bill 1414 and
City Standards 601c and 601d requirements, for each
intersection. Again,, we will utilize County required
forms for Corner Records and file them only after the
City has completed its review.
sk 1.4-Re-Staking
TKE will provide six trips of restaking time to reset
any stakes that were damaged or lost by the
Contractor prior to constructing the required item.
The restaking costs have been separated as an
additive cost as requested by the City.
sk 1.5-Cut Sheet Submission
TKE will prepare cut sheets for all stakes place in
the field. The cut sheet will identify station,
offset, point number, proposed grade, hub
elevation, cut or fill required and remarks for each
stake set. Three copies of the cut sheets will be
submitted to the City for distribution to the
Contractor, Inspector and all other required
parties. A blank sample of TKE"s cut sheet has
been provided in Attachment "A".
City of Lake Elsinore - Request for Proposal for Construction Survey Services
SB 821 Sidewalk ImprovementsMg@jW4f1§9. 4365
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:
0 a. Contract 0 a. Bid/offer/application El 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:
El Prime nSubawardee
TKE Engineering Inc. Tier if known
2305 Chicago Avenue
Riverside, CA 92507
Congressional District, if known:
6. Federal Department/Agency:
NOT APPLICABLE
8. Federal Action Number, if known:
10. Name and Address of Lobbying Entity
(If individual, last name, first name, Ml):
NOT APPLICABLE
5. If Reporting Entity in No. 4 is Subawardee. Enter Nam(
and Address of Prime:
Congressional District, if known.-
7. Federal Program Name/Description:
CFDA Number, if applicable
9. Award Amount, if known:
$ -0-
b. Individuals Performing Services (including address if
different from No. I 0a)
(Last name, first name, M/)
1. Information requested through this form is authorized by Title Signature:
31 U.S.C. Section 1352. This disclosure of lobbying activities is a I
material representation of fact upon which reliance was placed by Print Name: Michael P. Thornton
the tier above when this transaction was made or entered into.
This disclosure is required pursuant to 31 U.S.C. 1352. This President
Information will be reported to the Congress semi-annually and will Title:
be available for public inspection. Any person who fails to file the 951-680-0440 2/16/12
required disclosure shall be subject to a civil penalty of not less Telephone No.: Date:
than $10,000 and not more than $100,000 for each such failure.
F l rat _Use Only:
Authorized for Local Reproduction
Standard Form — LLL (Rev. 7-97)
Standard Form LLL Rev. 06-04-90
P:kPROJECTS\TEMESCAL CANYON ROAD\Request for Proposal Ternescal Bridge 2009.doc
Page 54 of 56
�� on � o�
WIN
*�!L`NGINE
February 16,, 2012
T K E E N G I N E E R I N G N C
Mr. Peter Ramey,, P.E., Project Engineer
City of Lake Elsinore
Engineering Department
130 South Main Street
Lake Elsinore,, CA 92530
Subject: Not-to-Exceed Fee for Construction Surveying Services for
SB 821 Sidewalk Improvements, Project No. 4365
Dear Mr. Ramey:
TKE Engineering,, Inc. will provide the services described in our proposal in
accordance with the fee breakdown table enclosed. Our complete fee excluding the
additive item is $10,900.
Thank you for the opportunity to submit our proposal. If you have any questions or
need additional information, please advise.
Sincerely,
EWE-
Michael P. Thornton, P.E.,, P.L.S., M.S.
President
TKE ENGINEERING, INC,
Enclosures: Fee Schedule
Rate Schedule
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Direct Labor Costs shall be paid in an amount equal to the product of the Direct
Salary Costs and the Multiplier, which are defined as follows.-
1. 1. 1 Direct Salary Costs
Direct Salary Costs are the base salaries and wages actually paid to the
Consultant's personnel directly engaged in performance of the Services under
the Agreement. (The range of hourly rates paid to the Consultant's personnel
appears in Section 2 below)
1.1.2 Multiplier
The multiplier to be applied to the Direct Salary Costs to determine the Direct
Labor Costs is 2 •7 0 , and is the sum of the following components:
1.1.2.1 Direct Salary Costs: 1.0
1.1.2.2 Payroll Additives 0.52
The decimal ratio of Payroll Additives to Direct Salary Costs. Payroll
Additives include all employee benefits, allowances for vacation, sick
leave, and holidays, and company portion • employee insurance and
social and retirement benefits, all federal and state payroll taxes,
premiums for insurance which are measured • payroll costs, and other
contributions and benefits imposed by applicable laws and regulations.
Overhead Costs 1.18
The decimal ratio of allowable Overhead Costs to the Consultant firm's
total direct salary costs. Allowable Overhead Costs include general,
administrative and overhead costs of maintag and operating
established offices, and consistent with established firm poes, and as
defined in the Federal Acquisons Regulations, Part
Total Multiplier 2.70
(Sum
• 1. 1.2.1, 1.1.2.2, and
I agA
1.2.1 The fixed fee (Not to Exceed) is $ 1 Ot 9 Of
1.2.2 A pro-rata share of the Fixed Fee shall be applied to the total
Direct Labor Costs expended for services each month, and shall
be included on each monthly invoice.
161
Additional Direct Costs directly identifiable to the performance of the services of
this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.
liq
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Blueline
LD Telephone
Fax
Photographs
Reimbursement Rate (insert charges)
$60.00
$0.60
$N/A
$10.00
$0.05
$1.20
$N/A
$0.05
$1.00
Travel by air and travel in excess of
nearest to the City's office must have
reimbursed under this agreement.
2. DIRECT SALARY RATES
/day
/mile
/trip
/hour
/copy
/sheet
/call
/sheet
/sheet
100 miles from the Consultant's office
the City's prior written approval to be
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct
Salary Costs in Section 1. 1. 1 above, are given below and are subject to the following:
;X1
2.1 Direct Salary Rates shall be applicable to both straight time and overtim%,,,
work, unless payment of a premium for overtime work is required by law,
regulation or craft agreement, or is otherwise specified in this Agreement. In
such event, the premium portion of Direct Salary Costs will not be subject to the
Multiplier defined in Paragraph 1.1.2 above.
2.2 Direct Salary Rates shown herein • are in effect for • one year following th
effective date of the Agreement. Thereafter, they may be adjusted annually t
reflect the Consultant's adjustment to individual compensation. The Consulta
shall notify the City in writing prior to a change in the range of rates include
herein, and prior to each subsequent change. 11
a••" 0 6•
0
POSITION or CLASSIFICATION
(Sample)
Principal
Project Manager
Sr. Engineer / Planner
Project Engineer / Planner
Assoc. Engineer/ Planner
Technician
Drafter / CADD Operator
Word Processor
$120.00
$110.00
$110.00
$100.00
$50.00
$90.00
$55.00
2.3 The above rates are for the Consultant only. All rates for subconsultants
to the Consultant will be in accordance with the Consultant's cost
proposal.
3.1 Each month the Consultant shall submit an invoice for Service
performed during the proceeding month. The original invoice shall be submitte
• the City's Executive Director with two (2) copies to the City's Proje
Coordinator.
3.2 Charges shall be billed in accordance with the terms and rates included
herein, unless otherwise agreed in writing by the City's Representative.
3.3 Base Work and Extra Work shall be charged separately. The charges for
each task and Milestone in the Scope • Services shall be listed separately. The
charges for each individual assigned by the Consultant under this Agreement
shall be listed separately • an attachment to the invoice.
charge • $500 • more for any one item • Additional Direct Costs shall
be accompanied by substantiating documentation satisfactory to the City such as
invoices telephone logs, etc.
3.5 Each copy of each invoice shall be accompanied by a Monthly Progress
Report and spreadsheets showing hours expended by task for each month and
total project to date.
3.6 Each invoice shall indicate payments • DBE subco;nsultants or supplies
by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed • the Consultant's
Representative or an officer of the firm, which reads as follows:
EA
4
- I The City shall pay the Consultant within four to six weeks after receipt by
the City of an original invoice. Should the City contest any portion of an invoice,
that portion shall be held for resolution, without interest, but the uncontested
balance shall be paid.
A ^
4./- The final payment for Services under this Agreement will be made only
after the Consultant has executed a Release and Certification of Final Payment.
TKE ENGINEERING, INC.
E SCHEDUI; F.
2011 1*2012
HOURLY
RATE
Project Manager/Construction Manager/Licensed Surveyor .... .......... .......... $120.00
Senior Engineer/Project Engineer (PE)/Senior Plan Checker .. .......... .......... $110.00
Associate Engineer . .......... ........... .......... .......... .......... .......... .......... .......... $100.00
Assistant Engineer/Plan Checker .. .......... .......... .......... .......... .......... .......... $ 90.00
AutoCADTechnician ......... ........... .......... .......... .......... .......... .......... .......... $ 90.00
EngineeringTechnician ..... ........... .......... .......... .......... .......... .......... .......... $ 50.00
Clerical........ ....... :' 0 ... "*a** 00 ... * ... * ....... ", "0'000000 "0*""" '000000"o $ 55.00
ForensicEngineering, ....... . 0 ......... ..... 0 .... .. 00 ...... .......... .......... .......... .. 0 . . 0 0 ... $150.00
Expert Witness Testimony ........... o . o o ...... ...... o ... .......... .......... ......... o .......... $250.00
SURVEYING SERVICES
2-Man Survey Crew .......... ........... .......... .......... .......... .......... .......... .......... $180.00
CONSTRUCTION SERVICES
ConstructionInspector ...... ........... .......... .......... .......... .......... .......... .......... $ 85.00
Car/Truck for Construction Services Personnel .. .......... .......... .......... .......... $ 60.00/Day
REIMBURSABLE COSTS
In-house Reproduction ..... ........... .......... .......... .......... .......... .......... .......... Cost
Printingand Materials ....... ........... .......... .......... .......... .......... .......... .......... Cost + 10%
Express Mail/Courier/Next Day Service .. .......... .......... .......... .......... .......... Cost + 10%
Special Subconsultant Services ... .......... .......... .......... .......... .......... .......... Cost + 10%
i
i
r s 41&111 on V No
SB 821:Sidewalk Project
I hereby certify that In the performance of the work for whJch this Agreement s
entered into, I shall not employ any person in any manner se as to become subject ect to the
Warner's Compensation Laws of the State of California,
ected on this - day of 2011 at
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California.
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Consultant
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PROJECT NAME: SB 821 Sidewalk Improvements
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CONSULTANT NAME: TKE Engineering, Inc -
Ljuplit;dw uws ior-tri as necessary to report an sul)consultant(s) information.