HomeMy WebLinkAboutAgenda Item No 07CITY OF
LADE LSMORE
� DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: THOMAS P. EVANS
INTERIM CITY MANAGER
DATE: OCTOBER 23, 2012
SUBJECT: AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
TKE ENGINEERING, INC.
SB 821 SIDEWALK IMPROVEMENTS FY 12 -13
Recommendations
1. Authorize the acceptance of SB 821 Grant FY 2012/2013 in the amount of
$43,750.
2. Award the SB 821 Sidewalk Improvements FY 12 -13 Design of Heald Avenue
from Lewis Street to Lowell Street and Lowell Street between Heald and
Sumner Avenue to TKE Engineering, Inc. in the not to exceed amount of
$38,800.00.
3. Authorize the Interim City Manager to execute the contract with TKE
Engineering, Inc.
4. Authorize the use of $82,550 from Fund No. 110 Gas Tax.
Background
Throughout the City of Lake Elsinore there are locations that exist without sidewalks for
students and residents to provide a safe route to school or other local destinations.
Staff applied for the 2012/2013 SB 821 Grant cycle through the Riverside County
Transportation Commission in May of 2012. The Riverside County Transportation
Commission approved the 2012113 Recommended Funding in June 2012. Funding for
bicycle and pedestrian facilities under SB 821 restricts payment to sidewalk construction
only and other ancillary related street improvements such as curb and gutter and minor
AGENDA ITEM NO. 7
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paving requires other funding sources.
construction of this project.
Discussion
Gas Tax funding will be utilized for the
The SB 821 funded sidewalk improvements are located near Elsinore Elementary
School and Elsinore Middle School. The project scope will involve preparation of
engineering plans and specifications for sidewalks on Heald Avenue from Lewis Street
to Lowell Street and Lowell Street between Heald and Sumner. The City had requested
proposals from TKE Engineering, Inc., DMC Design Group, Inc., and GHD.
The top three firms are as follows:
TKE Engineering, Inc. (Riverside, CA)
DMC Design Group, Inc. (Corona, CA)
GHD, Inc., (San Diego, CA)
Because of their experience with the 2011/12 SB821 project, TKE Engineering, Inc. was
selected as the most qualified to perform the required scope of work for this project.
With the completion of these missing sidewalk segments, students and members of the
traveling public will be able to utilize the whole system of sidewalks in this area.
FISCAL IMPACT
This project is being funded from SB 821 and Gas Tax. The estimated project cost is
$126,300.
SB821 Bicycle and Pedestrian Fund $ 43,750
Fund 110 Gas Tax Design /Construction Services 82,550
Estimated Total Project Cost: $126,300
The design fee is a "Not to Exceed" fee unless change orders are issued by the City.
During the design phase if the estimated construction cost exceeds the preliminary
budget due to unanticipated design issues the Engineering Division will adjust the
project budget in the next budget cycle.
Anticipated Project Schedule
Award
Notice to Proceed
Submit Construction Documents
Start Bid
Open Bids
Award Construction Contract
Start Construction
October 23, 2012
November 12, 2012
January 28, 2013
February 11, 2013
March 13, 2013
March 26, 2013
April 29, 2013
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Prepared by: Peter Ramey 62C,
Project Engineer
y�
Approved by: Ken Seumalo 1011
Director of Public Works
Approved by: James Riley
Director of Ad imstrative Services
Approved by: Thomas P. Evan p
Interim City Mana r '
Attachments: Agreement for Professional Services
Exhibit A Consultant Proposal
Exhibit B Consultant Compensation
Exhibit C List of Subconsultants
Exhibit D Certificate of Exemption Workman's Compensation
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement") is made and entered into as
of the _ day of , 2012, by and between the City of Lake Elsinore, a
municipal corporation ( "City") and TKE Engineering. 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.
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 $3a.a00.00 without
additional authorization from the City. Payment by City under this Agreement shall not be
deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief description of the
services performed, the date the services were performed, the number of hours spent and by
whom, and a description of any reimbursable expenditures. City shall pay Consultant no later
than 30 days after approval of the monthly invoice by City staff. When payments made by City
equal 90% of the maximum fee provided for in this Agreement, no further payments shall be
made until the final work under this Agreement has been accepted by City.
5. Extra Work. At any time during the term of this Agreement, City may request that
Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization
from City. Extra work will be invoiced separately from services performed in accordance with
the Scope of Services.
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6. Termination. This Agreement may be terminated by the City immediately for cause or by
either party without cause upon thirty (30) days' written notice of termination. Upon termination,
Consultant shall be entitled to compensation for services performed up to the effective date of
termination.
7. Ownership of Documents. All plans, studies, documents and other writings prepared by
and for Consultant, its officers, employees and agents and subcontractors in the course of
implementing this Agreement, except working notepad internal documents, shall become the
property of the City upon payment to Consultant for such work, and the City shall have the sole
right to use such materials in its discretion without further compensation to Consultant or to any
other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies,
documents and other writings to City upon written request. City acknowledges that any use of
such materials in a manner beyond the intended purpose as set forth herein shall be at the sole
risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its
officers, officials, agents, employees and volunteers from any claims, demands, actions, losses,
damages, injuries, and liability, direct or indirect (including any and all costs and expenses in
connection therein), arising out of the City's use of such materials in a manner beyond the
intended purpose as set forth herein.
a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights,
designs, and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works- of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings or data magnetically or otherwise
recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Documents & Data "). Consultant shall require that all subcontractors
agree in writing that City is granted a nonexclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents & Data. Consultant makes no
such representation and warranty in regard to Documents & Data which were prepared by
design professionals other than Consultant or provided to Consultant by the City. City shall not
be limited in any way in its use of the Documents & Data at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information, and other
Documents & Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall
not, without the prior written consent of City, be used by Consultant for any purposes other than
the performance of the services under this Agreement. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the services under this Agreement.
Nothing furnished to Consultant which is otherwise known to Consultant or is generally known,
or has become known, to the related industry shall be deemed confidential. Consultant shall not
use City's name or insignia, photographs relating to project for which Consultant's services are
rendered, or any publicity pertaining to the Consultant's services under this Agreement in any
magazine, trade paper, newspaper, television or radio production or other similar medium
without the prior written consent of City.
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8. Consultant's Books and Records
a. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to charges
for services, or expenditures and disbursements charged to City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment to Consultant
to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at any time during regular business hours, upon
written request by the City Manager, City Attorney, City Auditor or a designated representative
of these officers. Copies of such documents shall be provided to the City for inspection at City
Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the
records shall be available at Consultant's address indicated for receipt of notices in this
Agreement.
d. Where City has reason to believe that such records or documents may be lost or
discarded due to dissolution, disbandment or termination of Consultant's business, City may, by
written request by any of the above -named officers, require that custody of the records be given
to the City and that the records and documents be maintained in City Hall. Access to such
records and documents shall be granted to any party authorized by Consultant, Consultant's
representatives, or Consultant's successor -in- interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work
and services agreed to be performed, shall act as and be an independent contractor and shall
not act as an agent or employee of the City. Consultant shall obtain no rights to retirement
benefits or other benefits which accrue to City's employees, and Consultant hereby expressly
waives any claim it may have to any such rights.
10. Interests of Consultant. Consultant (including principals, associates and professional
employees) covenants and represents that it does not now have any investment or interest in
real property and shall not acquire any interest, direct or indirect, in the area covered by this
Agreement or any other source of income, interest in real property or investment which would
be affected in any manner or degree by the performance of Consultant's services hereunder.
Consultant further covenants and represents that in the performance of its duties hereunder no
person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his /her rendition of
information, advice, recommendation or counsel independent of the control and direction of the
City or of any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of
information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)
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11. Professional Ability of Consultant. City has relied upon the professional training and
ability of Consultant to perform the services hereunder as a material inducement to enter into
this Agreement. Consultant shall therefore provide properly skilled professional and technical
personnel to perform all services under this Agreement. All work performed by Consultant under
this Agreement shall be in accordance with applicable legal requirements and shall meet the
standard of quality ordinarily to be expected of competent professionals in Consultant's field of
expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to
comply with all applicable federal, state and local laws, codes, ordinances and regulations.
13. Licenses. Consultant represents and warrants to City that it has the licenses, permits,
qualifications, insurance and approvals of whatsoever nature which are legally required of
Consultant to practice its profession. Consultant represents and warrants to City that Consultant
shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this
Agreement, any licenses, permits, insurance and approvals which are legally required of
Consultant to practice its profession.
14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its
officers, officials, agents, employees and volunteers from and against any and all claims,
demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all
costs and expenses in connection therein), arising out of the performance of this Agreement or
its failure to comply with any of its obligations contained in this Agreement, except for any such
claim arising out of the sole negligence or willful misconduct of the City, its officers, agents,
employees or volunteers.
15. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his /her
employees in accordance with the laws of the State of California. In addition,
Consultant shall require each subcontractor to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's employees. Any
notice of cancellation or non - renewal of all Workers' Compensation policies must
be received by the City at least thirty (30) days prior to such change. The insurer
shall agree to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed by Consultant
for City. In the event that Consultant is exempt from Workers' Compensation
Insurance and Employer's Liability Insurance for his /her employees in
accordance with the laws of the State of California, Consultant shall complete
and submit to the City a Certificate of Exemption from Workers Compensation
Insurance in the form attached hereto as Exhibit D.
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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 A.M. Best's rating of no less than A: VII and shall be
endorsed with the following specific language:
i - The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured's with respect to liability
arising out of work performed by or on behalf of the Consultant, including
materials, parts or equipment furnished in connection with such work or
operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self- insured retention the City
may have shall be considered excess insurance only and shall not contribute
with it.
iii. This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers,. officials,
employees, agents, or volunteers.
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vi. The insurance provided by this Policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City. At the City's option, Consultant shall
demonstrate financial capability for payment of such deductibles or self- insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and
either served personally or sent prepaid, first class mail. Any such notice shall be addressed to
the other party at the address set forth below. Notice shall be deemed communicated within 48
hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: TKE Engineering, Inc.
Attn: Michael P. Thornton, P.E.,P.L.S.
2305 Chicago Avenue
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 "C ". Consultant shall be fully responsible
to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or
obligations of the Consultant under this Agreement will be permitted only with the express
consent of the City. Consultant shall not subcontract any portion of the work to be performed
under this Agreement except as provided in Exhibit "C" without the written authorization of the
City. If City consents to such subcontract, Consultant shall be fully responsible to City for all
acts or omissions of those subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any obligation on
the part of the City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise is required by law.
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20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severabilitv. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California and any action brought relating to this Agreement shall be
held exclusively in a state court in the County of Riverside.
23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences
any legal action against the other party arising out of this Agreement, the prevailing party shall
be entitled to recover its reasonable litigation expenses, including court costs, expert witness
fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE
( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five
qualified mediators. Each party shall have the option to strike two of the five mediators selected
by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains
unresolved after mediation, either party may commence litigation.
25. Execution. This Agreement may be executed in several counterparts, each of which
shall constitute one and the same instrument and shall become binding upon the parties when
at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26. Authority to Enter Agreement. Consultant has all requisite power and authority to
conduct its business and to execute, deliver, and perform the Agreement. Each party warrants
that the individuals who have signed this Agreement have the legal power, right, and authority to
make this Agreement and to bind each respective party.
27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the term
of his or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising there from.
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28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age.
Such non - discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
effect or hereinafter enacted.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the
date first written above.
CITY OF LAKE ELSINORE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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CONSULTANT:
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EXHIBIT "A"
SCOPE OF SERVICES
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PROJECT UNDERSTANDING
The City of Lake Elsinore (City) desires to retain a
professional engineering consultant to provide
civil design, design survey and geotechnical
support required to prepare plans, specifications
and estimates (PS &E) for approximately 1400
linear feet of sidewalk and missing curb and
gutter improvements along Heald Avenue from
Lewis Street to Lowell Street and along Lowell
Street between Heald Avenue and Sumner
Avenue. The project will include installation of
missing sidewalk and ADA ramps, curb and gutter
segments, along with minor street widening and
signing and striping improvements.
In order to complete the project, the City requires
a consultant to determine existing right -of -way
limits, property lines and corners and provide
survey, design, and utility coordination support
for the preparation of the plans, specifications and
estimates. TKE will provide coordination with all
required utility agencies to complete the project
design including, but not limited to Riverside
County Flood Control and Water Conservation
District, City of Lake Elsinore, and Regulatory
Agencies.
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 Design Services — SB 821 Sidewalk
Improvement FY 12 -13: Heald Avenue from Lewis Street to Lowell Street and
Lowell Street between Heald Avenue and Sumner Avenue
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PROJECT APPROACH
Successful project delivery is our goal. Our
definition of successful project delivery is:
• Project completion that meets all project
requirements
• Project completion on schedule
• Project completion within budget
I
Our goal is not limited to the design of the
projects only, but includes the incorporation of
value engineering and constructability review.
Through the examination of specific design
alternatives, we will identify the most cost
effective project alternative that meets design
requirements and will provide for the greatest
opportunity for expedited construction, which
allows us to consistently deliver projects that use
public resources in a very wise and responsible
manner. 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 project, recognizing that
schedule, funding source, environmental
compliance and budget are of primary concern,
dictates that design and construction decisions
must be made quickly but 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
design and construction professionals, TKE is the
right choice for this project.
With projects of this nature, our experience tells
us that there must be a proactive approach to
completing the work in order to meet
requirements. This approach includes early
identification of critical design elements,
familiarity with permitting requirements, and
accurate cost estimating throughout the entire
process. In preparing this proposal, our team
reviewed the project site, existing infrastructure,
and project schedule to establish key issues so we
can be prepared to mobilize on a moment's notice
to assist you.
Critical Issues
Improvement Transitions
For sidewalk projects, transitions to existing
improvements are typically the most challenging
component of design. Transitions will require that
improvements be constructed at locations where
some of the streets intersecting Lakeshore Drive
are not improved and will likely be improved in
the future. Therefore, the proposed
improvements must be constructed so that no
reconstruction of permanent improvements can be
completed and interim transitions are safe and
functional.
For private improvements, it is important to
identify any private improvements such as fences,
walls, and landscaping that may be impacted by
the improvements. TKE will identify such impacts
early during project design and will develop an
action plan for working with residents that may be
impacted. Our goal will be to complete street
design that will adequately convey drainage at the
same time as minimizing private property
impacts.
Utility Coordination
Based on field review, it appears that some
utilities may require adjustment. These facilities
include water valves, gas valves and manholes.
Again, we will identify these facilities early in
project design to begin coordination at the earliest
opportunity. Agencies that maintain private
utilities can be cumbersome in getting facilities
adjusted. Early coordination will prevent project
delays.
Accurate Cost Estimating
Because of the limited budget, it is vital to keep
costs controlled. Our approach to controlling
costs is to provide frequent and accurate cost
estimates by using TKE's detailed cost estimating
database. In addition to using this database, TKE
utilizes our considerable experience with
Construction Management to assist in providing
constructabilitv reviews and cost estimating based
Of La Ke eismore — KequesT Tor rroposai Tor Liesign services — so oci siaewam
Improvement FY 12 -13: Heald Avenue from Lewis Street to Lowell Street and
Lowell Street between Heald Avenue and Sumner Avenue
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on current information from our on -going
projects. Finally, with the current economic
climate, construction costs are widely varying.
We will also discuss the project's elements with
local contractors to assure that we have the most
current construction information available so that
the City can get the most "bang for their buck ".
City of Lake Elsinore — Request for Proposal for Design Services — SB 821 Sidewalk
Improvement FY 12 -13: Heald Avenue from Lewis Street to Lowell Street and
Lowell Street between Heald Avenue and Sumner Avenue
Page 16 of 34
SCOPE OF WORK
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.
Task No. 1 Project Management
TKE's Project Manager will be responsible for the
entire project team. He will attend all meeting,
prepare agendas and corresponding meeting
minutes together with collection of signatures for
meeting attendees (sign -in sheets). He will meet
with the City at appropriate times and will meet
with agencies, residents, property owners, and
utilities in addition to the meetings presented
below. He will also update the project budget and
schedule prior to each City meeting for discussion
with staff.
Task No. 2 Initial Kick Off' Meeting
Prior to commencement of services, we propose
to meet City staff to review project obligations
and to discuss all project requirements in detail.
In addition, we will discuss the project's scope of
services and our detailed project schedule. We
also utilize this meeting to reach agreement on a
communication protocol and to acquire City
existing utility plans.
Task No. 3 Records Research
We will thoroughly research existing utility records
and acquire copies of all available records. The
purpose of the records research is to assemble
survey records to establish locations of street
centerlines and street rights -of -way and
determine locations of all existing utilities and
improvements.
The research will consist of assembling copies of
assessors' maps, tract maps, parcel maps,
monument ties, benchmark data, corner records,
street improvement plans, and utility drawings.
We will request the City provide copies of
available pertinent City records, such as survey
ties, benchmarks, and street, and /or drain
improvement plans.
We will notify Underground Service Alert to
acquire a complete list of underground utility
purveyors. The utility drawings will include
existing drawings from the City, and drawings
and /or atlas maps from all private utility
companies, and /or agencies. We will confer and
coordinate with the following agencies as well as
any additional agencies listed in the Underground
Service Alert:
➢ Elsinore Valley Water District
➢ Riverside County Flood Control Water
Conservation District
➢ AT &T Telephone
➢ Verizon (GTE) Telephone
➢ Southern California Gas Co.
➢ Southern California Edison
➢ Cable Television Agencies
City of Lake Elsinore
We will send first utility notice letters to all listed
utility companies and agencies requesting their
data. We will maintain copies of the letters and
correspondence for future reference. We shall
also provide the City with a complete copy of all
correspondence with all utility companies. We will
prepare a brief outline of all utility relocation costs
to be incurred by the City, as well as impacts to
the project schedule for any utility relocations and
include it with our utility correspondence package.
Task No. 4 Design Surveying
TKE will conduct a conventional design survey.
Our field survey crew will locate existing street
centerline monuments. The crew will measure the
horizontal angle, horizontal distance, and vertical
elevation difference between monuments. We will
complete a traverse for each survey to ensure
closure. Elevations will be tied to existing City
benchmarks. We will collect appropriate detail as
required including trees, walkways, sidewalks,
driveways, curbs, gutters, cross gutters, fire
hydrants, water valves, manholes, water meters,
signs, street lights, power poles, fences, channel
structure, traffic signal loops and all other visible
features. We will measure invert and rim
elevations for all sewer and storm drain utilities.
Our crews will set 100 -foot stationing and
measure existing topography at 50 -foot intervals
)T LaKe msmore - tcequesc Tor vroposan Tor uesign services - ao oca awewalK
Improvement FY 12 -13: Heald Avenue from Lewis Street to Lowell Street and
Lowell Street between Heald Avenue and Sumner Avenue
Page 17 of 34
a minimum of 25 -feet beyond the existing edge of
pavement and further where necessary and a
minimum of 100 -feet beyond the existing and
future curb returns at all intersections to verify
proposed design is consistent with existing
improvements. The crew will set temporary
benchmarks within the project limits and each will
be shown on the drawings. Results of the survey
will be submitted to the City in digital and hard
copy format.
Task No. 5 Base Construction Drawings
We will prepare the base construction drawings on
24" by 36" sheets with the City's standard title
block using AutoCAD 2010 software, utilizing the
City's layering system, at a drawing scale of
1 " =20'. The base construction drawings will
include a plan view based on conventional survey
data. We will add the sheet north arrow, graphic
scale, existing improvements and utilities (based
on both assembled records and field data),
property lines, public and private right -of -way,
easement areas, assessor parcel numbers, street
centerline, street names, building locations, water
service location; sewer manhole lids and water
valve lids; cross gutters; driveways, pedestrian
ramps; traffic stripes and legends; curb returns;
details of private improvements, fences, gates,
irrigation systems, mailboxes, trees and
landscaping, and survey data to the plan view
portion of the drawings. Once the base drawings
are complete, we will perform a careful field
review to ensure all underground facilities are
shown correctly.
Task No, 6 35% Design
35% Design will include preparation of preliminary
construction drawings, preliminary technical
specifications, and preliminary construction
estimates.
For the drawings, we will prepare a title sheet,
construction notes sheet, demolition plan sheets,
plan /profile sheets, and necessary detail sheets.
The title sheet shall include the title of the job, a
vicinity map showing the City in relationship to
surrounding communities, a location map showing
the project limits, a list of abbreviations used,
benchmark data, general notes, construction
notes and quantities, an index for the drawings,
list of utilities with phone numbers, and
references on the City's standard title block.
The construction note sheet will show general
construction notes and project specific
requirements.
The demolition sheet will show existing
improvement demolition including limits of
pavement removal, saw cutting locations and
limits and concrete cross gutters and curbs, if
required. In addition, the plan will specify
relocation of private improvement such as
mailboxes fences, etc. as required.
Plan /profile sheets will show proposed
improvements including sidewalk improvements,
cross - gutters, driveways, pavement limits,
overlay limits, signs, traffic strips, existing utility
relocations (if any), water service relocations, and
manhole, valve, and vault cover grade
adjustments. For the profile portion of the
drawings, we will show existing and proposed
elevations at centerline and existing edge of
pavement on both sides of the streets with
appropriate design data together with proposed
top of curb elevations.
The cross - sections sheet will show typical
sections at appropriate drawing scales. The
sections will be dimensioned and construction and
demolition notes will be shown. In addition,
rights -of -way and limits of work will be shown.
Construction drawings will show proposed street For the specifications, we will amend the City
geometrics including locations of proposed curb, Standards Technical Provisions as required for the
drive approaches, pedestrian improvements, projects. The construction specifications will be
spandrals, cross gutters, and inlet features. In prepared in Microsoft Word (2007 Version) format
addition, preliminary grades will be prepared to in accordance with City standards.
establish project grading requirements. Proposed
improvements will be designed in accordance with In addition, we will prepare quantity estimates for
the City's current street design standards and all proposed improvements prepared using an
specifications for ultimate street widening. The excel spreadsheet showing an itemized
proposed improvements will be designed to construction cost breakdown. Descriptions of
minimize grading and earthwork.
City of Lake Elsinore — Request for Proposal for Design Services — SB 821 Sidewalk
Improvement FY 12 -13: Heald Avenue from Lewis Street to Lowell Street and
Lowell Street between Heald Avenue and Sumner Avenue
Page 18 of 34
work, unit prices, and quantities will be included Task No. 11 Final Documents
in the spreadsheet. Final documents will include incor oration f C't
35% Design (preliminary construction drawings,
preliminary technical specifications, preliminary
construction estimates, completed geotechnical
report, and environmental compliance documents
and approvals) will be submitted with a project
summary memorandum together with an updated
project schedule, utility contact matrix,
stakeholder meeting summary, and internal plan
review documentation.
Task No, 7 Coordination with Agencies/
Utilities
After 35% design is complete, plans will be sent
to agencies, having facilities in the project areas
requesting that they verify their facilities are
shown correctly and that they furnish any
construction requirements they desire. We will
highlight each agency's facilities and advise each
of potential conflicts and relocation requirements.
We will request that they respond within two
weeks and we will follow up with telephone calls
to confirm all agency requirements have been
incorporated. We will document all conferences
with utilities and agencies and copy the City via e-
mail. We will coordinate with Caltrans to obtain
design comments for project approval.
Task No. 8 35% Design Review Meeting
After the City has completed its review, we will
meet with City staff to acquire Staff's comments.
Task No. 9 85% Design
85% design will include incorporation of City
comments, final street design, and Storm Water
Pollution Plan (based on City's latest
requirements).
We will verify that the project will comply with
ADA design requirements and that adequate
drainage will be achieved.
85% Design will be submitted with a project
summary memorandum together with an updated
project schedule, updated cost estimate, and
internal plan review documentation.
Task No. 10 85% Design Review Meeting
After the City has completed its review, we will
meet with City staff to acquire Staff's comments.
P o �Y
final comments for public bidding. Final
documents will include mylars and hard copy
specifications with signatures and electronic
copies of final documents.
Task No. 12 Final Coordination with
Agencies/ Utilities
After the final drawings are approved by the City,
we will again submit them to all agencies /utilities
having underground facilities in the project area
requesting that they verify their facilities are
shown correctly and we will advise them of the
project construction schedule and relocation
requirements. In addition, we will coordinate final
relocation construction prior to project bidding.
We will document all meetings and conferences
with utilities and agencies.
PROJECT SCHEDULE
TKE will complete services in accordance with the
City desired schedule; a proposed schedule is
enclosed as Attachment 'B'.
City of Lake Elsinore — Request for Proposal for Design Services — SS 821 Sidewalk
Improvement FY 12 -13: Heald Avenue from Lewis Street to Lowell Street and
Lowell Street between Heald Avenue and Sumner Avenue
Page 19 of 34
Additions and Exceotions
TKE has reviewed the City's standard form of agreement and takes no exception to the requirements of
the standard contract or RFP requirements. TKE currently holds all insurance requirements requested in
the RFP and will provide the City with proof of coverage upon selection. All required City forms have been
completed and are included in Attachment 'D'.
Statements
A. The RFP is incorporated in its entirety as a part of TKE's proposal.
B. The RFP and TKE's proposal will jointly become part of the Agreement for Professional Consultant
Services for this project when said Agreement is fully executed by TKE and Mayor or City Manager
of Lake Elsinore.
C. TKE's services and fees provided will be in accordance with the City's RFP as specified under the
heading "Additions or Exceptions to the City's RFP."
D. We have included the Additions or Exceptions in Section 9.
E. TKE's experience has been provided in Attachment 'A.'
F. Please see resource allocation matrix in Attachment `C.'
G. TKE acknowledges and understands that we will not be allowed to change the sub - consultant
without written permission from the City.
H. All charges for TKE's services are a "Not -to- Exceed Fee."
I. TKE will document and provide the results of the work to the satisfaction of the City. This may
include preparation of field and final reports, or similar evidence of attainment of the Agreement
objectives.
J. TKE will immediately document and notify the City of any defects or hazardous conditions observed
in the vicinity of the project site prior, during, or after the survey work.
K. TKE's fee schedule breakdown, rate schedule, and Elements of Compensation form are included in
a separate sealed envelope.
L. TKE will not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin.
M. All federal laws and regulations shall be adhered to notwithstanding any state or local laws and
regulations.
N. TKE shall allow all authorized federal, state, county, and City officials access to place of work,
books, documents, papers, fiscal, payroll, materials, and other relevant contract records pertinent
to this special project.
City of Lake Elsinore — Request for Proposal for Design Services — SB 821 Sidewalk
Improvement FY 12 -13: Heald Avenue from Lewis Street to Lowell Street and
Lowell Street between Heald Avenue and Sumner Avenue
Page 20 of 34
O. TKE shall comply with the Davis -Bacon Fair Labor Standards Act (40 USC 276 -a through a -7) and
the implementation regulations issued pursuant thereto (29 CFR Section 1, 5), any amendments
thereof and the California Labor Code.
P. TKE shall comply with the Copeland Anti - Kickback Act (18 USC 874) and the Implementation
Regulation (29 CFR 3) issued pursuant thereto, and any amendments thereof.
Q. TKE offers and agrees to assign to the City all rights, title, and interest in and to all causes of action
it may have under Section 4 of the Clayton Act (15 USC Sec. 15) or under the Cartwright Act
(Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, services, or materials and become effective at
the time the City tenders final payment to TKE, without further acknowledgement by the parties.
R. TKE acknowledges that no DBE goals have been set for this project.
S. Complete Disclosure of Lobbying Activities form is attached in Attachment'D.'
T. Complete List of Subconsultants form is attached in Attachment'D.'
City of Lake Elsinore — Request for Proposal for Design Services — SS 821 Sidewalk
Improvement FY 12 -13: Heald Avenue from Lewis Street to Lowell Street and
Lowell Street between Heald Avenue and Sumner Avenue
Page 21 of 34
Page 22 of 34
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Page 22 of 34
EXHIBIT "B"
ELEMENTS OF COMPENSATION
Page 23 of 34
ro J ,
\`
,,NGINE
August 27, 2012
T K E E N G IN EE R I NG, I N C.
Mr. Peter Ramey, P.E., Project Manager
City of Lake Elsinore
Engineering Department
130 South Main Street
Lake Elsinore, CA 92530
Subject: Not -to- Exceed Fee for Design Services for SB 821 Sidewalk
Improvement FY 12 -13: Heald Avenue from Lewis Street to Lowel
Street and Lowell Street between Heald Avenue and Sumner Avenue
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 for the project
is $38,800.
Thank you for the opportunity to submit our proposal. If you have any questions or
need additional information, please advise.
Sincerely,
Michael P. Thornton, P.E., P.L.S., M.S.
President
TKE ENGINEERING, INC.
Enclosures: Fee Schedule
Rate Schedule
Elements of Compensation Form
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Page 25 of 34
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Page 25 of 34
TKE ENGINEERING, INC.
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
AutoCAD Technician ...................................................... ............................... $ 90.00
Engineering Technician ................................................. ............................... $ 50.00
Clerical........................................................................ ............................... $ 55.00
Forensic Engineering ..................................................... ............................... $150.00
Expert Witness Testimony ............................................ ............................... $250.00
SURVEYING SERVICES
2 -Man Survey Crew ....................................................... ............................... $180.00
CONSTRUCTION SERVICES
Construction Inspector .................................................. ............................... $ 85.00
Carlrruck for Construction Services Personnel ............... ............................... $ 60.00 /Day
REIMBURSABLE COSTS
In -house Reproduction .................................................. ............................... Cost
Printing and Materials .................................................... ............................... Cost
Express Mail /Courier /Next Day Service .......................... ............................... Cost
Special Subconsultant Services .................................... ............................... Cost
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 ( INSERT WRITTEN DOLLAR AMOUNT ) ($ INSERT
NUMERICAL DOLLAR AMOUNT ) without written approval of City's City Manager (or
applicable position) ("Total Compensation')
ELEMENTS OF 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.
1.1 DIRECT LABOR 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:
1.1.1 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 . 70 , 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 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.
1.1.2.3 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 maintaining and operating
established offices, and consistent with established firm policies, and as
defined in the Federal Acquisitions Regulations, Part 31.2.
Total Multiplier 2.70
(Sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)
Page 27 of 34
1.2 FIXED FEE
1.2.1 The fixed fee (Not to Exceed) is $ 38, 800
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.
1.3 ADDITIONAL DIRECT COSTS
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.
Rates for identified Additional Direct Costs are as follows:
Item Reimbursement Rate (insert charges)
Per Diem
$60.00
/day
Car mileage
$0.60
/mile
Travel
$N /A
/trip
Computer Charges
$10.00
/hour
Photocopies
$0.05
/copy
Blueline
$1.20
/sheet
LD Telephone
$N /A
/call
Fax
$0.05
/sheet
Photographs
$1.00
/sheet
Travel by air and travel in excess of 100 miles from the Consultant's office
nearest to the City's office must have the City's prior written approval to be
reimbursed under this agreement.
2. DIRECT SALARY RATES
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 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 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 28 of 34
3.
POSITION or CLASSIFICATION
(Sample)
Principal
Project Manager
Sr. Engineer / Planner
Project Engineer /Planner
Assoc. Engineer/ Planner
Technician
Drafter / CADD Operator
Word Processor
RANGE OF HOURLY RATES
$120.00
$10.00
$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.
INVOICING
3.1 Each month the Consultant shall submit an invoice for Services
performed during the proceeding month. The original 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
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 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.
3.4 A charge of $500 or more for any one item of 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 to DBE subconsultants or supplies
by dollar amount and as a percentage of the total invoice.
3.7 Each invoice shall include a certification signed by the Consultant's
Representative or an officer of the firm, which reads as follows:
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 29 of 34
4. PAYMENT
4.1 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.
4.2 The final payment for Services under this Agreement will be made only
after the Consultant has executed a Release and Certification of Final Payment.
Page 30 of 34
EXHIBIT "C"
LIST OF SUBCONSULTANTS
Page 31 of 34
LIST OF SUBCONSULTANTS
PROJECT NAME: SB 821 Sidewalk Improvement FY 12 -13
PROJECT
CONSULTANT NAME: TKE Engineering Inc.
NAME
TELEPHONE
ADDRESS
CITY. STATE ZIP
Duplicate this form as necessary to report all subconsultant(s)
.TANT'S
Page 32 of 34
EXHIBIT "D"
CERTIFICATE OF EXEMPTION WORKMANS COMPENSATION
Page 33 of 34
CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not
employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of
California
Page 34 of 34