HomeMy WebLinkAbout2009-04-14 CC Meeting Ageda Item No.5 CITY OF
LAKE 0 LSIIYO.RE
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: APRIL 14, 2009
SUBJECT: AWARD OF PROFESSIONAL SERVICE CONTRACT FOR THE
DESIGN OF LAKESHORE DRIVE OVERLAY.
BACKGROUND
Lakeshore Drive between Illinois Street and Viscaya Way is in need of pavement
reconstruction. Currently, The Project was included in Capital Improvement Program
for unfunded projects, however, due to the condition of the roadway, staff has identified
a funding source and would like to move forward with the improvements to the roadway
segments.
DISCUSSION
Staff has initiated the process to have the roadway on Lakeshore Drive between Illinois
Street and Viscaya Way removed and replaced. Staff had originally recommended the
use of a design consultant for this segment of roadway. However, after discussions at
the kick -off meeting, staff would like to use a different consultant. Staff would like to
recommend the consulting firm of Winzler & KeIIy, Consulting Engineers be awarded
the contract to prepare plans and specification for repairing this roadway. Based on the
materials submitted and face to face interviews, Winzler & KeIIy is qualified to meet the
projects goals.
FISCAL IMPACT
Winzler & Kelly submitted an engineering fee of $72,300 to complete the design work
for this project. This estimate includes all necessary work to complete the plans and
specifications for this project. Including consultant's fee and staff administrative costs
the total design cost is $80,000,. Staff is recommending the use of Proposition 1B
residual money to be used. Proposition 1B is a grant program which
Agenda Item No. 5
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Professional Services Contract
April 14, 2009
Page 2
funded the rehabilitation project on Grand Avenue. There is approximately $150,000
available in the grant so sufficient funds are available.
RECOMMENDATION
Award the consultant contract to Winzler & Kelly, Consulting Engineers for an amount
not to exceed $72,300 for preparation of plans and specifications of Lakeshore Drive.
Prepared by: Ken A. Seumalo dfi
Director of Public Works
Approved by: Robert A. Brady
City Manager Of
Attachment: Agreement
Vicinity Map
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement ") is made and entered
into as of this day of _ , 2009, by and among the City of Lake Elsinore, a
municipal corporation ( "City ") and Winzler & Kelly ( "Consultant ").
• RECITALS
A. Consultant will (1) prepare engineering design documents and (2) special
provision and bid documents in accordance with this Agreement.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement.
C. 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.
D. City and Agency desire 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 in the
"Scope of Services" attached as Exhibit "A" and incorporated herein by reference.
Consultant shall provide said services at the time, place, and in the manner as reasonably
specified and at the direction of the City /Agency through its staff.
2. Time of Performance. The services of Consultant are to commence upon
execution of this Agreement and shall continue during such time as Consultant is
performing services pursuant to this Agreement. The term of this Agreement shall not
exceed one (1) year.
3. Compensation. Compensation to be paid to Consultant shall be in
accordance with Exhibit "B" and the authorization of the City Council. 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 Agency
describing the work performed during the preceding month. Consultant's bills shall be
broken up by project such that the City receives an accounting for work done on the project
for which Consultant provides services. 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 staff shall
review and approve invoices within 14 days of submittal or advise Consultant as to any
disapprovals within 14 days of submittal. City shall pay Consultant no later than 30 days
after approval of the monthly invoice by City staff.
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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 work which is
determined by City to be outside of the scope of the Scope of Services attached hereto as
Exhibit "A ". Consultant shall not perform Extra Work without written authorization from
City /Agency. Extra work will be invoiced separately from services performed in accordance
with the Scope of Services attached hereto as Exhibit "A ".
6. Termination. This Agreement may be terminated by the City /Agency
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 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, but shall not include any license for
the City's use of Consultant's proprietary software or other intellectual property
( "Documents & Data "). Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. 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, 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
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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 services provided by Consultant in accordance with the Scope of Services attached
hereto as Exhibit "A ", 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. City hereby gives its
permission for Consultant to include the City in Consultant's list of clients and description of
services provided on its web site and other similar materials.
8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to City for a minimum
period of three (3) years, or for any longer period required by law, from the date of final
payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any
longer period required by law„ from the date of termination or completion of this
Agreement.
c. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Manager, City Attorney, City Auditor or a
designated representative of these officers. Copies of such documents shall be provided to
the City for inspection at City Hall when it is practical to do so. Otherwise, unless an
alternative is mutually agreed upon, the records shall be available at Consultant's address
indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Consultant's business,
City may, by written request by any of the above -named officers, require that custody of the
records be given to the City and that the records and documents be maintained in City Hall.
Access to such records and documents shall be granted to any party authorized by
Consultant, Consultant's representatives, or Consultant's successor -in- interest.
9. Independent Contractor. It is understood that Consultant, in the performance
of the work and services agreed to be performed, shall act as and be an independent
contractor and shall not act as an agent or employee of the City. Consultant shall obtain no
rights to retirement benefits or other benefits which accrue to City's employees, and
Consultant hereby expressly waives any claim it may have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any
investment or interest in real property and shall not acquire any interest, direct or indirect,
in the area covered by this Agreement or any other source of income, interest in real
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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 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, employees and volunteers from and against any and all, losses,
damages, injuries, and liability, to the extent actually caused by Consultant's negligent
performance under 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 negligence or
willful misconduct of the City, its officers, agents, employees or volunteers or by any third
party.
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.
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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 /Agency at
least thirty (30) days prior to such change. The insurer shall agree to waive
all rights of subrogation against City /Agency, its officers, agents, employees
and volunteers for losses arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury and property
damage. If a commercial general liability insurance form or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities
of the Consultant arising out of or in connection with the work to be
performed under this Agreement, including coverage for owned, hired and
non -owned vehicles, in an amount of not less than one million dollars
($1,000,000) combined single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance for protection against
claims alleging negligent acts, errors or omissions which may arise from
Consultant's operations under this Agreement, whether such operations by
the Consultant or by its employees, subcontractors, or subconsultants. The
amount of this insurance shall not be less than one million dollars
($1,000,000) on a claims -made annual aggregate basis, or a combined
single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best =s rating of no less than A:VII and shall be
endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to
liability arising out of work performed by or on behalf of the Consultant,
including materials parts or equipment furnished in connection with such
work or operations.
ii. This policy shall be considered primary insurance as respects the City,
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its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self- insured retention the
City may have, shall be considered excess insurance only and shall not
contribute with it.
This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to
the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers,
officials, employees, agents, or volunteers.
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: Winzier & Kelly Consulting Engineers
Attn: Greg Campbell, P.E.
4180 Ruffin Road, Suite 115
San Diego, CA 92123
17. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Consultant. All prior written and oral
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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. 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 without the written authorization of the City. If City
consents to such subcontract, Consultant shall be fully responsible to City for all acts or
omissions of those subcontractors. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of the City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not
constitute a continuing waiver of a subsequent breach of the same or any other provision
under this Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and any action brought relating to this
Agreement shall be held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement
commences any legal action against the other party arising out of this Agreement, the
prevailing party shall be entitled to recover its reasonable litigation expenses, including
court costs, expert witness fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any
disputes arising out of this Agreement through mediation prior to commencing litigation.
The parties shall mutually agree upon the mediator and share the costs of mediation
equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted
to JAMS /ENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties
with the names of five qualified mediators. Each party shall have the option to strike two of
the five mediators selected by JAMS and thereafter the mediator remaining shall hear the
dispute. If the dispute remains unresolved after mediation, either party may commence
litigation.
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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 all 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 /Agency shall have the right to
rescind this Agreement without liability. For the term of this Agreement, no member, officer
or employee of City /Agency, during the term of his or her service with City /Agency, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
28. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination. Consultant shall also comply with all relevant
provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other
related programs or guidelines currently in effect or hereinafter enacted.
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IN WITNESS WHEREOF the parties have caused this Agreement to be executed
on the date first written above.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
Robert Magee, Mayor
ATTEST:
Debora Thomsen, City Clerk
APPROVED AS TO FORM:
Barbara Leibold
City Attorney
"CONSULTANT"
Winzler & Kelly, Consulting Engineers
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Exhibit "A"
Scope of Services
Exhibit "A"
Agenda Item No. 5
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Winzler & Kelly Consulting Engineers 3/31/2009
EXHIBIT A
SCOPE OF WORK
Lakeshore Drive
Project Site Description and Background:
Lakeshore Drive, located in the City of Lake Elsinore, California, runs along the
north -east side of Lake Elsinore. The lake is generally rectangular in shape and
oriented with its long side running south -east to north -west. The project area is
located on the north side of the lake near the north corner. The purpose of the
project is to repair badly damaged pavement on Lakeshore Drive between about
Illinois and a little past Fraser. Field reconnaissance indicates the limits of the
damaged pavement is approximately 120 feet south -east of Illinois Street to
approximately 225 feet north of Fraser Drive. The logical termination point past
p er
,
Fraser is where the existing sidewalk begins on the north side of the street at the
Stater Brothers anchored shopping mall, and about 120 feet past Illinois street
about adjacent to an existing pair of power poles; as shown in the above photo.
In discussions with Ken Seumalo, he was not sure of the current right -of -way
situation at the dirt lot between the mall and the Del Taco, past Fraser. The
rights - of - way will be researched as part of the scope of work.
Purpose:
Lakeshore Drive within the project limits, exists in various levels of deterioration.
The goal of the project is to evaluate the existing conditions and make
recommendations for its repair. Upon City approval of the recommendations,
Winzler & Kelly will prepare engineering drawings for the construction of the
improvements.
Scope of Work — Lakeshore Drive
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Winzler & Kelly Consulting Engineers
Scope of Services
Consultant Tasks:
Task 1 — Project Management
Task 1.1 — Project Management and Set -Up
Project Set -Up — Includes project management, setup, contract
administration and invoicing tasks, preparation of work plan, management
plan, project quality plan, and schedule.
Task 1.2 — Kick -Off Meeting
Winzler & Kelly will organize a project kick -off meeting to be held in Lake
Elsinore City Hall. Goal of the meeting will be to discuss the project in
detail and to obtain the comments and concerns of the interested parties.
Winzler & Kelly will use direction from the City to invite all interested
parties. Winzler & Kelly will prepare a meeting agenda and meeting notes
with specific action items highlighted.
Task 2 — Site Studies
Various tasks are necessary in advance of and concurrent with plans
preparation. These tasks are described below.
Task 2.1 — Mapping and Survey
Research and Coordination
Research City records for survey, parcel maps, tract maps, and rights -of-
way maps. Locate existing monumentation and establish horizontal and
vertical control. Mapping will be prepared based on field survey cross
sections, corners, curbs, pavement, etc. Visible surface utilities will be
surveyed and compared to record information provided by the utility
companies and the City. Prepare base maps and digital files in Autocad
format.
Task 2.2 — Geotechnical Investigations
1. Review available geotechnical reports and construction documents on
existing facilities in the vicinity of the proposed roadway improvements.
2. Obtain drilling permits as required and notify the City of Lake Elsinore, and
Winzler and Kelly 48 hours prior to commencement of drilling operations.
3. Conduct a reconnaissance of the site with the City utility personnel and a
subcontracted utility locator.
4. Investigate the soil /groundwater conditions and bearing capacity of the soils
below the roadway improvements by drilling up to four borings in the area of
the proposed roadway improvements. The borings will be advanced to
depths of approximately 5 feet below existing ground surface using small
Scope of Work — Lakeshore Drive
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Agenda Item No. 5
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Winzler & Kelly Consulting Engineers 3/31/2009
diameter (approximately 8 -inch) hollow stem -auger drilling equipment. Soil
samples will be taken for geotechnical testing. Sampling intervals will be at
approximately 2 and 5 feet. Granular soil will be sampled with the standard
split barrel sampler in general accordance with ASTM D1586 and with a
modified California sampler in general accordance with ASTM D3550. Thin
walled tube samplers may be used to obtain samples of softer cohesive soils
in general accordance with ASTM D1587. The borings will be backfilled with
grout. This proposal does not include characterization and offsite disposal of
contaminated soil.
5. Perform geotechnical laboratory testing on selected samples obtained from
the borings to classify the subsurface materials and evaluate moisture
contents, density, grain size, sand equivalency, and bearing capacity of the
soils, and recommend structural sections, sub grade preparation for
unsuitable or saturated materials (estimated depths, quantities of over
excavation, and treatment procedures).
6. Present the results of the subsurface investigation and the design
recommendations in a Subsurface Report signed by a registered geotechnical
engineer (four hard copies and one PDF disk) 45 working days after contract
award. Reports will include:
• Results of the document review.
• A description of the field and laboratory procedures used in the
investigation.
• A discussion of the soil materials encountered in the borings and their
engineering properties.
• Existing structural sections at boring locations (identifying thickness
and material types for pavement, base, and sub grade),
• Logs of exploratory borings summarizing the soil conditions
encountered, and a summary of laboratory test results.
• Recommendations for roadway design, considering vertical load
supporting capacities. Recommendations will include alternative
pavement sections.
• Recommendations for subgrade preparation and grading for
pavements, and general site preparation, including fill and backfill
compaction, and proposed sub grade preparation for unsuitable or
saturated materials (estimated depths, quantities of over excavation,
and treatment procedures)
• Recommendations for excavation, including a discussion on the
excavatibility of the soils that may be encountered.
• Recommendations for pavement sections based on R -value tests.
Task 2.3 — Utility Research
Winzler & Kelly will perform utility research to obtain available utility
information. Utility research will include a site walk to note visible surface
features, Notice to Owner letters requesting utility information, data input
Scope of Work — Lakeshore Drive
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Agenda Item No. 5
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Winzler & Kelly Consulting Engineers
into CAD; both horizontally and vertically (as required), and utility conflict
checking.
A set of the 35 Percent plans will be sent to utility owners and review will
be requested to confirm if there are utility conflicts. Winzler & Kelly will rely
on the information provided by the utility company; pot holing is not
anticipated and is not included in this scope of work.
Task 2.4 — Environmental Documentation
It is anticipated that this project will fit into the Existing Facilities, Class 1
Categorical Exemption under CEQA guidelines, Section 15301. Assuming
this project will have no federal funding, this project will only require a
simple one -age Categorical Exclusion, with very little CEQA back -up
documentation, if any
Task 3 — Design
Winzler & Kelly will prepare design plans, specifications, and construction cost
estimate for the above described project. There will be a total of 3 submittals as
described below.
Task 3.1 — 35 Percent Design
This submittal is intended to present the desires of the City and the
pavement recommendations from the Geotechnical Engineer in a draft set
of plans. This plan submittal will be reviewed by the City for consistency
with the City's desires. The submittal will include the following:
• Title Sheet
► General Notes
► Abbreviations
► Legend
• Typical Sections Sheet
► Recommended Pavement Section.
► Areas of Grind and Overlay (if applicable).
► Areas of Slurry Seal (if applicable).
• Layout Sheet(s) (Profiles not necessary)
► Double stacked layout sheets.
► It is anticipated that two sheets will be required at 20 scale,
however one more may be needed to adequately show the
design.
• Draft Temporary Erosion Control measures will be shown.
► Existing Utilities will be shown unless the Layout sheet becomes
to crowded with information; in which case a separate Existing
Utility Sheet will be created.
• Traffic Signal Design
► Existing Loop Detector Demolition.
► Loop Detector Modification Per Caltrans Type A or B.
Scope of Work — Lakeshore Drive
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Agenda Item No. 5
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Winzler & Kelly Consulting Engineers 3/31/2009
• Pavement Delineation
• Draft striping plans.
• Cost Estimate
► Prepare a Draft Opinion of Probably Construction Cost estimate.
35 percent deliverable will include 3 full size plan sets, 3 copies of the
Cost Estimate, and a digital PDF file of both.
Task 3.2 — 90 Percent Plans, Specifications, and Estimate (PS &E)
Winzler & Kelly will meet with the City to review the 35 percent comments
and agree upon resolutions.
Winzler & Kelly will revise the plan sheets shown in Task 3.1 based on the
agreed upon resolutions, update the Cost Estimate, and prepare the
Project Technical Specifications. It is assumed that the comments
received on the 35 percent submittal will not change the scope of the
project.
90 percent deliverable will include 3 full size plan sets, 3 copies of the
Cost Estimate and Project Technical Specifications, and a digital PDF file
of all.
Task 3.3 — Final PS &E
Winzler & Kelly will meet with the City to review 90 percent comments and
agree upon resolutions.
Winzler & Kelly will revise the plan sheets shown in Task 3.1 based on the
agreed upon resolutions from the 90 percent PS &E review, update the
Cost Estimate and Project Technical Specifications. It is assumed that the
comments received on the 90 percent submittal will not change the scope
of the project.
This Task is assumed to the Final submittal. It is assumed the submittal
package produced will be the package used for Construction Bidding.
Task 4 — Quality Control
Task 4.1 — Quality Control
Winzler & Kelly will perform Quality Control reviews for each of the PS &E
submittals, including the 35 Percent submittal. Quality Control Reviewer
will be a Senior Level member of Winzler & Kelly staff with specific
roadway experience. Project Manager will meet with the Reviewer after
each review and discuss the review. Staff will make agreed upon
corrections.
Scope of Work — Lakeshore Drive
Page 5 of 7
Agenda Item No. 5
Page 17 of 21
Winzler & Kelly Consulting Engineers
Task 5 — Construction Support (Time & Materials)
Task 5.1 — Construction Support
Consultant will provide administrative support during construction
including responding to RFI's, Shop Drawing review, etc. on a Time and
Materials basis. The City will be responsible for awarding and
administering the construction contract. Winzler & Kelly can provide these
services, if desired, under an additional services amendment to this scope
of services.
Project Schedule
Consultant shall complete all work in the number of workings days for each
deliverable as shown in Table below.
Table 1 — Deliverable Schedule
Tasks Deliverable Working Days
1.2 Schedule Kick -Off Meeting 5 Days from NTP
2.1 Survey /Mapping 20 Days from NTP
2.2 Geotechnical Report 30 Days from NTP
2.3 Notice to Owners 15 Days from NTP
2.4 Categorical Exemption 25 Days from NTP
3.1 35% Plans 20 Days from 2.2
3.2 90% PS &E 18 Days from receipt of
Comments from 3.1
3.3 Final PS &E 15 Days from receipt of
Comments from 3.2
5.1 Construction Support TBD
PROJECT ASSUMPTIONS:
1) The County of Riverside will provide Traffic Index Calculations for the
pavement design.
Scope of Work — Lakeshore Drive
Page 6 of 7
Agenda Item No. 5
Page 18 of 21
Winzler & Kelly Consulting Engineers 3/31/2009
2) The City of Lake Elsinore will provide Average Daily Traffic numbers for
Lakeshore Drive and Riverside Drive.
3) Project Standard Specifications used will be 2009 Standard Specifications
for Public Works Construction, "Greenbook ". Special Provisions, if needed,
will be based on these standard specifications and numbered similarly.
4) The City is in the process of drafting Design Standards; a draft will be
provided to Winzler & Kelly. These standards will be used for this project to
the extent they are applicable. Riverside County Design standards will be
used in the absence of City of Lake Elsinore design standards.
5) Subconsultant fees include 15% administrative mark -up.
6) The City will provide Rights -of -Way and property boundary information.
7) Existing Permanent Best Management Practices (BMP's) will not be
modified and will remain in use after the project is complete and the existing
flow patterns will not be altered. Temporary (Construction) BMP's will be
needed and shown on the plans.
8) An Urban Storm Water Management Plan (USMP) or a Storm Water
Pollution Prevention Plan (SWPPP) is not included as part of this scope of
work.
9) Work under this contract shall not be stopped or slowed by circumstances
outside Winzler & Kelly's control. In the event that work is stopped or
slowed, Winzler & Kelly shall be entitled to payment equivalent to time and
materials charges actually incurred up to the time of work stoppage or
slowing. Winzler & Kelly may negotiate additional project management
and /or technical staff time directly related to a slowing or stopping of work.
10) Regulatory or other agency reviews, and responding to or changes due to
comments from these reviews, not specified in this scope of work, are not
included.
11) It is our understanding that no hazardous materials exist at the site. Our
scope of services does not include any services related to the presence of
any hazardous or toxic materials.
12) Potholing or other field utility investigations are not included in this scope of
work.
13) City to provide available survey record information. City to provide horizontal
and vertical control, if available and locations of existing monumentation.
INVOICING:
Winzler & Kelly shall submit invoices each month in percent - complete -by -task
format with progress explanations for each task.
Scope of Work — Lakeshore Drive
Page 7 of 7
Agenda Item No. 5
Page 19 of 21
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LAKESHORE DRIVE REHABILITATION AWARD OF DESIGN CONTRACT
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CITY OF t V Base map prepared by
D CITY OF LAKE ELSINORE City of Lake Elsinore
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