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HomeMy WebLinkAboutAgenda Item No 18CITY OF /�� LADE L S I IYORE 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 DMC DESIGN GROUP, INC. MAIN STREET REHABILITATION FROM LIMITED STREET TO HEALD AVENUE PROJECT NO. 4405 Recommendations Award the Main Street Rehabilitation from Limited Street to Heald Avenue to DMC Design Group, Inc., in the not to exceed amount of $110,881.00. Authorize the Interim City Manager to execute the contract with DMC Design Group, Inc. 3. Authorize the use of $126,000 from fund 110 Gas Tax. Background The City of Lake Elsinore uses a Pavement Management Program (PMP) to compile data over the last 10 years to grade the condition of the streets throughout the City. The PMP rates street using the Pavement Condition Index (PCI) ranging from 0 to 100 where 100 is best. Main Street between Heald Avenue and Prospect Avenue has a PCI rating of 42 indicating it to be in "Fair' condition. A PCI range between 41 and 55 requires an Asphaltic overlay from curb to curb so construction of this project will increase the service life of the street. The planned improvements under this project include crosswalk enhancements, and ADA access ramp upgrades AGENDA ITEM NO. 18 Page 1 of 35 Discussion Rehabilitation work will include repair of identified pavement failures, sealing pavement cracks and placement of a pavement fabric to prevent cracks reflecting through the new two inch overlay. Existing access ramps will be replaced or modified to comply with current American Disability Act Standards. All crosswalks in the project area will receive enhancements through installation of new pavers or decorative concrete per City of Lake Elsinore Standards. Signing and striping per Caltrans standards and other ancillary improvements relative to an overlay project will also be included in this work. The City had requested proposals from TKE Engineering, Inc., DMC Design Group, Inc., and GHD, Inc., BergerABAM Flores Lund Consultants. The top four firms are as follows: DMC Design Group, Inc. (Corona, CAO GHD, Inc., (San Diego, CA) BergerABAM Flores Lund Consultants (Lake Elsinore, CA) TKE Engineering, Inc. (Riverside, CA) DMC Design Group, Inc., was selected as the most qualified to perform the required scope of work. The rehabilitation of Main Street will enhance the downtown area after completion of the much needed improvements. FISCAL IMPACT The funding source for this project will be Gas Tax. Fund 110 Gas Tax Design Administration Design Fee Anticipated Project Schedule Award Notice to Proceed Submit Construction Documents Start Bid Open Bids Award Construction Contract Start Construction $126,000.00 $ 15,000.00 $ 110,881.00 $ 125,881.00 October 23, 2012 November 12, 2012 April 15, 2013 April 18, 2013 May 21, 2013 June 11, 2013 July 1, 2013 Page 2 of 35 Prepared by: Peter Ramey V J Project Engineer .Approved by: Ken Seumalo 0 Director of Public Works Approved by: James Riley Director of Ad i istrative Services Approved by: Thomas P. Evans ''w Interim City Manag ,� Attachments: Agreement for Professional Services Exhibit A Consultant Proposal Exhibit B Consultant Compensation Exhibit C Exemption from Workers Compensation Page 3 of 35 Page 4 of 35 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 DMC Design Group ( "Consultant "). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional consulting services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of one (1) year or as specified in the Consultants proposal. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $110,881 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services Page 5 of 35 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 Propertv. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual, property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data'). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Page 6 of 35 8. Consultant's Books and Records a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in- interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).) Page 7 of 35 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are, legally required of Consultant to practice its profession. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non- renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California, Consultant shall complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. Page 8 of 35 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing AM Best's rating of no less than A: VII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured's with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self - insured retention the City may have shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. Page 9 of 35 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: DMC Design Group Attn: David M. Cosper Maple Centre 140 N. Maple Street Suite 104 Corona, CA 92880 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. -This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. Page 10 of 35 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. legal action against the other party arising out entitled to recover its reasonable litigation expe discovery expenses, and attorneys' fees. If either party to this Agreement commences any of this Agreement, the prevailing party shall be ,ises, including court costs, expert witness 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 Aoreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from. Page 11 of 35 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 CONSULTANT: Page 12 of 35 EXHIBIT A SCOPE OF SERVICES Page 13 of 35 EXHIBIT A —SCOPE OF SERVICES UNDERSTANDING Our Project Team has thoroughly reviewed the City of Lake Elsinore's Request for Professional Consultant Design Services –Main Street Rehabilitation from Limited Street to Heald Avenue. Numerous site visits were conducted by the Project Team between August 15, 2012 and August 22, 2012. Specific questions regarding the project scope and parameters were discussed with the Mr. Peter Ramey, Project Engineer for the City of Lake Elsinore's Engineering Division. It is our understanding the City intends to construct the following improvements to Main Street, from Limited Street to Heald Avenue in the City of Lake Elsinore • Pavement rehabilitation improvements, including 0.15 foot asphalt overlay, reinforced with petromat pavement fabric, to the roadway and parking area surfaces; • Removal and replacement of areas of pavement that have currently failed; • Placement of required leveling courses; • Removal and replacement ofADA non - compliant access ramps; • Crosswalk enhancements using colored asphalt (using either design by Sheriden Design Asphalt ,Inc. or per the City of Lake Elsinore's Standard 225); • Signing and striping per Caltrans standards and specifications. The proposed roadway improvements will also include the installation of survey monuments, adjustment to water /gas valve cans to final grade, adjustment of manholes to final grade and other ancillary improvements relative to a pavement improvement project involving removals and AC overlay improvements. The City is seeking a full- service Professional Consultant Team capable of providing civil, topographic surveys, base mapping, pavement evaluation, utility notification/coordination and environmental services necessary to successfully obtain environmental clearance, design and prepare accurate and cost - effective PS &E's for the proposed improvements as outlined above. The City specifically anticipates the following tasks will be completed by the Consultant Team: • Proiect Coordination – Provide Project Coordination services as necessary to complete the project on time and within budget, to acquire project input from project stakeholders and to keep the City fully informed of the project's progress, including: ✓ Development of a comprehensive project schedule to include realistic periods for final design, approvals, reviews and construction, with specific milestone dates identified; ✓ Monthly updates to the schedule to reflect the completion status of project tasks status; ✓ Provide a monthly written report highlighting project status and the activities completed from the previous month. The report will include an updated project schedule. The report will be submitted to the City for review with the monthly invoice; ✓ Conduct regular meetings with City staff, utilities and Caltrans officials, as necessary, to incorporate input into the final design; , ✓ Attendance /facilitation/scheduling of necessary design resolution meetings with City staff and affected utilities and Caltrans. Environmental Analysis /Clearance – Complete all necessary environmental analyses, including the completion of either an Initial Study to support a Negative Declaration, or completion of a Notice of Exemption to support a Categorical Exemption under CEQA, and all associated documentation, including completion of a Preliminary Environmental Study (PES) form with supporting technical documentation and coordination with Caltrans. • Pavement Evaluation – Provide up to two (2) pavement cores per block to ascertain the existing pavement structural sections and to develop pavement rehabilitation alternatives and recommendations required for improvements beyond overlay improvements DESIGN GM Page 14 of 35 ExwBITA —SCOPE OF SER vim • Access Ramp Evaluation - Utilizing topographic information gathered for each intersection within the limits of the project and site visits, an evaluation of each access ramp at each intersection (18) and mid - block crossing (2) will be made as to necessary up- grades and limits of replacement required to make the ramps ADA compliant; • Utility Coordination — Identify and notify all affected utilities, obtain and accurately map existing facilities, and locate and resolve potential project conflicts; • Construction Documents — Design, prepare and coordinate the required approval of accurate and cost - effective PS &E's for the proposed roadway rehabilitation improvements, ready for advertisement, through the City. The PS &E's shall be in compliance with all applicable Caltrans Standards and local regulations, ordinances and codes. • Costs Estimates — Prepare two (2) estimates of accurate project costs and construction quantities. The first estimate will be submitted upon completion of the 35% complete plans. The remaining estimates will be submitted upon completion of the final stage of the plans. The final cost estimate will be consistent with the final Bid Proposal sheet and will be submitted with final plans. Bid Support — Provide support services to the City throughout the entire project bid phase, including: ✓ Answering questions from prospective bidders; • Attending pre -bid conference(s); • Assisting with the distribution of information to plan rooms; ✓ Participating in the bid opening and bid analysis to determine lowest responsible bidder; ✓ Attending the pre - construction meeting. Construction Support — Provide support services to the City throughout the entire project construction phase of this project, including: ✓ Advising and consulting with the City on matters pertaining to the clarifications of the PS &E's; ✓ Conduct site visits to become familiar with the progress and quality of the work and to determine if the work is in compliance with the PS &E's and project schedule; ✓ Review and comment on all shop drawings and submittals; ✓ Participate in a final walk- through and prepare a punch list; • Participate in a final inspection of the proposed improvements and make a recommendation to,the City as to acceptance of the proposed improvements; • Prepare record drawings from the Contractor's redline as -built drawings at project completion. TECHNICAL ISSUES To demonstrate our thorough understanding of the City's requirements for this project and our abilities to complete this project on time, within budget and to the standards anticipated by the City, DMC has identified a number of technical issues associated with the proposed improvements that will require special attention from the Project Team during the design phases of this project. The Project Team, with its expert skills, experience and knowledge, will develop viable and cost - effective design solutions for each of these issues. Access Ramps The project segment of Main Street consists of six (6) intersections involving eighteen (18) access ramps and one mid -block crosswalk involving two (2) access ramps. Upon our initial evaluation of the ramps, only two (2) of these ramps (northwest/northeast comers of Heald Avenue and Main Street) appear to be compliant with current ADA requirements. The remaining eighteen (18) ramps require varying degrees of improvements from minor adjustments to complete replacements. It is DMC intent to thorough evaluate each of these ramps based upon topographic surveys and site visits to determine, define and quantify ADA deficiencies for all ramps within the project limits. Recommendations pertaining to required compliancy improvements and preliminary costs associated with these improvements will be determined and presented to the City at the 35% complete stage of plan development. DESIGN Page 15 of 35 Fo HIB/TA— SCOPEOFSERV m Pavement Evaluation Initially, DMC will identify the limits of existing pavement section failure by field marking the limits with spray paint prior to topographic surveys. The topographic surveys will identify the limits of the failed areas to be used to accurately map these locations during the base mapping stage. Utilizing this information, DMC will provide limited subsurface evaluation by providing full depth pavement cores at locations where the pavement has failed. (It is estimated that two (2) full depth pavement cores will be required for each block of Main Street within the limits of the project for a total of ten (10) pavement cores.) DMC will evaluate the core samples taken to identify the pavement depth and supporting base material under the pavement where failures have occurred, and, from this evaluation, develop recommendations and costs associated with additional pavement rehabilitation improvement necessary beyond the 0.15 -foot AC overlay. DMC will present its findings and recommendations to the City at the 35% complete stage of plan development. Construction Management Plan The project segment of Main Street is lined on both sides by small commercial uses, including antique shops, eateries, book shops, etc., that generally appear to be open from 8:00 am to 5:00 pm, Monday through Friday, with some open for business Saturday and Sunday, as well. Parking/access to many of these businesses comes directly off Main Street. Therefore, a critical function that needs to be completed during the design stages of this project is the development of a construction management plan to be incorporated into the final construction document. The construction management plan will include, at a minimum, the following construction details: • Specific times during the day that construction can be completed; • Days during the construction period when construction is to be stopped to allow for special events; • Notification/coordmation with adjacent business owners; • Comprehensive traffic control plan; • Consideration of night construction. It is DMC intent to work closely with the City to develop a comprehensive construction management approach, and, if necessary, through a community outreach program, to educated affected business owners /property owners of the pending project, receive input from them on potential impacts to their business and present methods /approaches to be included in the final construction documents that will minimize the impacts to their business. MANAGEMENTPLAN DMC's project approach is based upon a proactive Project Management Plan that originates with our Proposal and is finalized with the initiation of the Notice to Proceed by the City. In summary, our Management Plan will communicate to each member of the Consultant Team the organization and communication procedures, task descriptions and assignments, schedule requirements, cost and resource budgets, project data and design guidelines. One of the key steps in preparing a useful Management Plan is the development of a detailed Project Work Plan. To develop this plan, a series of interface meetings will take place among the members of the Consultant Team to clearly identify the multiple activities required to complete this project. These activities will include not only specific project tasks, but also agency reviews and approvals, quality control processes and milestones for deliverables. Assignment of responsibilities for each activity will also be designated, as generally shown on the proposed Organizational Chart for this project. Whenever necessary, modifications to the Organizational Chart will be made in order to strengthen the Consultant Team's ability to meet changing project needs and as specific requirements are identified. In developing this detailed Project Work Plan, many of the potential project constraints are identified, ways to expedite the project are developed, and the avenues of communication among team members are enhanced at this initial stage of this project. The ability to clearly communicate information, such as scope, cost, schedules and technical matters, is a vital element of any project. A coordinated effort among the various team members is required to achieve DESIGN GM Page 16 of 35 EXIierrA —SCOPE OF SERVICES an integrated program that, in turn, is necessary to deliver quality services within strict budgetary and time constraints. Coordination requires effective and frequent communication among Consultant Team members. Key to the entire Management Plan and subsequent success of this project is the role of the Project Manager. The Project Manager is responsible for oversight and coordination of all project activities, meshing the technical requirements through a proactive, hands -on management approach. The Project Manager is the sole contact person between DMC and the City, interfacing with all City departments, as well as with outside utility agencies. The Project Manager will be responsible for project documentation, including scheduling, preparation of agendas and meeting notes, and assignment of action items for meetings between City staff, subconsultants and other agencies. QUALITY CONTROL Once the final work plan is completed and final Project Team assignments communicated to each Project Team Member, DMC will develop a defined Quality Control (QC) Plan specific to this project. The QC Plan will guide the Project Team in the management and implementation of quality throughout the life of this project, not merely "just checking it" at the end of each task. The preparation and implementation of the QC Plan will be integrated into the work plan as a specific task and will be applied continuously and at strategic points in the work process by Project Team Members. The QC Plan will include procedures for both administrative and technical controls, such as project files, routing of correspondence, checking and back checking procedures, design notebooks, check lists, etc. In addition to his role as the Project Manager for this project, Mr. David M. Cosper will also be the Quality Control Manager for this project. As the Quality Control Manager, he will be responsible for the development and implementation of a Project Quality Control Plan that ensures the following: • A high standard of quality and accuracy of all project surveys, design reports, correspondence, right -of- way documents and maps, PS &E's, and other applicable documents pertinent to the construction of the proposed improvements; • Compliance with applicable codes, regulations and design standards; • A detailed independent review of the PS &E package, with numerous in -depth field reviews emphasizing project biddability, constructability and claims avoidance. As the Quality Control Manager, Mr. Cosper, will be responsible for the development, implementation and management of specific quality control measures applicable to this project, including the review of plans prepared by DMC and the preparation of technical reports, specifications and construction cost/quantity estimates from draft and final plans. WORK PLAN Based upon our current understanding of the project's requirements and needs, our Project Team proposes the following Work Plan for this project: Task 1 Project Management — The Project Manager will provide the necessary Project Management Services to insure this project is completed on time, accurately and within budget, including, at a minimum, the following sub - tasks: Task 1.01 Project Orientation Meeting — Prior to the start of this project, the Project Team will meet with key personnel from the City of Lake Elsinore to discuss in detail the expectations for this project and procedures to be used by DMC and its Project Team in completing the assignments of this project. The initial meeting will also include a job walk with appropriate City personnel to gain a more complete understanding the City needs and objectives for this project. Page 17 of 35 EXHIBIT A —SCOPE OF SERVICES Task 1.02 Additional Proiect Meetings – The Project Manager will facilitate a number of necessary meetings with project stakeholders to facilitate design coordination, resolve conflicting design requirements, provide project progress updates to key personnel and review progress submittals with City staff members, Council Members and Commissioners, in order to obtain project consensus. The Project Team anticipates the following meeting schedule for the duration of this phase: Meeting Description No. Monthly Meetings Design Meetings Progress Submittal Meetings Total Meetings 14 Task 1.03 Project Schedule (6) – Upon issuance of a Notice to Proceed by the City, DMC will prepare a control -level schedule using Microsoft Project Schedules v. 4.0 and detailing specific delivery dates and meetings. The schedule will be instrumental in providing the City of Lake Elsinore staff assurances of project schedule compliance. The schedule will be updated monthly (5) and presented to City digitally and in hard format at the appropriate PDT meetings. Task 2 Project Research – DMC will perform a records/data search of available City, County, State and utility information, such as: • Existing Aerial Maps • City GISMaps • Utility Information • Right -of -Way Maps • Record Drawings /Assessor Maps • Pavement Management Studies • As -Built Drawings • Pertinent In- Progress Drawings • Survey Data Task 3 Utility Coordination – DMC will identify and officially notify all affected utility companies within the limits of the proposed project in order to obtain the necessary maps, plans and record information of existing utilities. Field reviews will be conducted to confirm utility locations through surface evidence of the utilities. All utility information obtained from its research effort and field reviews will be plotted on the Base Map. Specific subtasks include: • Development of a request for information letter on City letterhead to be sent to the affected utility companies notifying the utilities of the proposed project and requesting as -built information from the utility agencies. DMC will have each letter sent certified, return receipt requested; • Development of a complete Utility Log of all correspondence with the affected utilities; • Review data received from the affected utility companies and plot information on the base sheets to be used in the preparation of the project plans; • As necessary, field reviews will be conducted to confirm identified utilities based upon record plans and verification of surface evidence of additional existing sub - surface and overhead installations within the limits of this project. As potential conflicts are identified, DMC will immediately notify the City and will continue to coordinate with the utility agencies by providing plans throughout the design phase until the conflict is resolved. Task 4 Initial Site Visit – Existing conditions and supporting improvements, such as pavement surface areas, existing curbs, gutters sidewalks, driveways, walls, stairways, mailboxes, trees, utility poles, walls, fences, street signs and striping will be inventoried. Pictures /videos will be taken of the entire project area to confirm existing conditions. Task 5 Pavement Evaluations – DMC will identify the limits of existing pavement section failures by field marking the limits with spray paint prior to topographic surveys. The topographic surveys will locate the Page 18 of 35 E wiBI T A- -SCOPE OF SER via s limits of the failed areas to be used to accurately map these locations during the base mapping stage. Utilizing this information, DMC will provide limited subsurface evaluation by providing full depth pavement cores at locations where the pavement has failed. (It is estimated that two (2) full depth pavement cores will be required for each block of Main Street within the limits of the project for a total of ten (10) pavement cores.) Through Leighton Consulting, Inc., DMC will obtain the necessary permits from the City and notify Underground Service Alert (USA) at least forty-eight (48) hours prior to commencing the fieldwork to locate known underground utilities or services. The field exploration will consist of performing two (2) cores for each street between each street intersection (total ten (10) cores) to determine pavement thicknesses. Additional cores, if necessary, can be completed at an additional cost. In addition, driven "California" ring -lined samples using a hand sampler will be taken in areas suspected of subgrade failure. The cores will be taken along street edges or parking areas to minimize impact on existing traffic. Where needed, traffic control will be provided in accordance with the W.A.T.C.H. manual. The borings will be backfilled with the excavated soils, and pavement will be patched at the surface with cold -mix asphalt. DMC will visually evaluate the core samples taken to identify the pavement depth and supporting base material under the pavement where failures have occurred, and, from this evaluation, develop recommendations and costs associated with additional pavement rehabilitation improvement necessary beyond the 0.15 foot AC overlay. DMC will present its findings, recommendations and cost estimates for alternatives to the City at the 35% complete stage of plan development. Should the City need a more comprehensive analysis completed on the coring samples, the following optional activities will be completed: • Laboratory Testing — Laboratory tests will be performed on selected, representative soil samples to determine pertinent engineering properties. Tests may include insitu moistureldensity, sieve analysis, collapse potential, expansion potential, maximum dry density /optimum moisture content, and P value; • Comprehensive Geotechnical Analyses and Report Preparation — Geotechnical data analyses will consist of review of existing in -house data and analyses of the collected data by the Geotechnical Engineer. Leighton will prepare a report (five (5) copies signed by a California GE) summarizing the findings and conclusions of the exploration, and provide geotechnical parameters for the design and construction of the proposed street improvements. Task 6 Design Surveys — DMC will meet with appropriate City officials to obtain benchmark data, intersection ties and other pertinent data relevant to the project. Design level field surveys will be completed of the project area to sufficiently provide the vertical and horizontal control of the immediate project culture necessary to evaluate existing access ramps for ADA compliance and to design the proposed ADA access ramp modifications /replacements, including: ❑ Uniform stationing along each project street segment, including: • One hundred (100) foot stationing, with twenty -five (25) foot intervals, painted in the roadway, with station numbers painted next to it in the roadway portion only; • Intersecting centerlines with private and public roads will be marked with paint with the station number painted next to it. ❑ Establishment of two (2) temporary benchmarks; ❑ Topography of each intersection, including fifty (50) feet beyond the limits of the proposed ramp improvements or further, if necessary, beyond the right -of -way of the project segment of Main Street; ❑ Neat and accurate survey notes will be kept. Task 7 Base Mapping — Utilizing record information obtained through its research and utility coordination efforts, topographic surveys completed in the previous task, and Ortho Digital Photo Aerial Base Maps provided by the City (if available) as a scaled back drop, accurate base maps of the project segments for Page 19 of 35 EXHIBIT A— SCOPE OF SER VICES each street will be prepared. Information shown on the base maps will include all right -of -way, property lines and monument information, accurate location of existing culture within the limits of the project, the edges of existing pavement, curbs, gutters, spandrels, ramps, walkways and other physical street features, power poles, utility manholes and vaults, existing access ramps (ADA- compliant and non - compliant), striping, pavement legend and signing improvements. Uniform stationing will be provided on all designated street segments by establishing a stationing of 10 +00.00 at the nearest intersection. Task 8 Project Right -of -Way Map – Based upon its research efforts, record boundary surveys prepared by others, center line ties provide by the City and preliminary title reports provided by the City, DMC will prepare an accurate right -of -way map for this project centered on the approved horizontal and vertical alignment of the project segment of Main Street. DMC will establish centerline ties for any centerline monument that have no ties and perform necessary office calculations to create record centerline based on retrieved record information and existing centerline monumentation. The preliminary right -of -way map, at a minimum, shall include the record right -of -way limits and property boundaries for the proposed pavement rehabilitation and ramp replacement improvements to Main Street and any additional right -of -way needs based upon the 35% complete plans (none is anticipated). Task 9 Environmental Analysis/Clearance – DMC, through PMC World, will prepare the necessary categorical exclusion (CE) documentation for this project. Based upon a review of the project scope, no technical studies for historic resources for compliance with Section 106 of the National Historic Preservation Act, biological resource analysis, air quality conformity analysis/determination, or environmental justice analysis will be required to complete the CE. PMC will consult with City staff on the required detail for the CE documentation and will provide the City with a draft of the CE for review and comment. Based on comments received, PMC will revise the material and prepare the final CE for City action. If requested by the City, PMC will also prepare the Notice of Exemption for CEQA compliance. Tasks 10 Access Ramps Evaluations – DMC will evaluate the ADA compliancy of twenty (20) access ramps based upon topographic surveys and site visits to determine, define and quantify ADA deficiencies. Recommendations pertaining to required compliancy improvements and preliminary costs associated with these improvements will be determined and presented to the City at the 35% complete stage of plan development. Task 11 Concept Development (Memorandum /35% Compete Plans) – Using topographic and mapping information developed in previous tasks, DMC will develop 35% complete plans of the proposed improvements to Main Street, from Limited Drive to Heald Avenue. The 35% complete plans will be prepared in a single strip format with aerial backdrop of a sufficient scale to understand existing conditions and project impacts. In addition to showing the limits of existing and proposed improvements, the 35% plans will also clearly demonstrate right -of -way limits, utility locations and other culture within the project area that may be impacted by the proposed improvements, such as adjacent grades, driveway accesses, existing sidewalk improvements, ramps, street trees, fencing, mailboxes, and so on. DMC will develop concept level estimates of construction quantities and costs for the proposed and alternative improvements. DMC will prepare a Preliminary Design Report summarizing project issues and will include concept plans and costs to 35% complete level after presentation to the City. Three (3) copies of the draft Preliminary Design Report with all exhibits, including the concept plans and costs, will be submitted to the City for review and approval. The report will be revised, as necessary, until approved by the City. Three (3) copies of the final report will be submitted to the City. The final report will be used as a reference document during the next phase of this project. Task 12 Construction Documents (PS &E's) – Upon approval of the recommendations outlined in the previous task, DMC will proceed with the final design and preparation of complete and accurate PS &E's, bid ready and signed by a California Registered Civil Engineer for the proposed roadway widening and traffic signal improvements, including: Page 20 of 35 EXHIBIT A —SCOPE OF SERVICES Task 12.01 Plans —All improvement plans will be prepared using AutoCAD software on 24" x36" sheets in plan and profile format. The scale shall generally be at a scale of 1" = 20' or greater, showing limits of roadway widening and other ancillary improvements relative to the project. Access Ramp plans and detail sheets will be prepared at a scale of 1" = 20' or greater, as required. Signing and striping plans will be prepared at a scale of 1" = 20' and will generally have two (2) plan strips per sheet, wherever possible. Additional plans include the proposed traffic control and staging plans. Based upon our current understanding of this project, DMC will prepare the following sheets: Description No. Title Sheet I General Note/Detail Sheet (Plan) 1 Demolition Sheets — 6 Intersections (Plan) 3 Roadway Rehabilitation Improvement Sheets (Plan) 3 Access Ramp Improvement Sheets— 18 Ramps (Plan) 3 Traffic Striping/Signage Sheets (Plan) 2 Work Area Traffic Control Sheets (Plan) 2 Total Sheets 15 Plans will be submitted to the City and affected utilities for review at the 65% complete, 95% complete, 100% complete and bid ready stages. DMC will submit to the City three (3) hard copy sets of plans and a CD with the plans in .pdf format, along with the previous red -lined check prints. Comments received from the City will be incorporated into the plans. Final plans will be submitted to the City on Mylar and wet stamped by the Project Engineer. Task 12.02 Specifications — DMC will prepare technical specifications and special provisions for this project. The technical specifications and special provisions will be prepared in Microsoft Word format and submitted to the City for review at the 65% complete, 95% complete, 100% complete and bid ready stages. DMC will submit three (3) hard copy sets of technical specifications and special provisions, and a CD with the specifications in .pdf format, along with the previous red -lined check copy of specifications. The final specifications will be wet stamped by the Project Engineer. Task 12.03 Estimates — DMC will prepare a comprehensive list of bid items, their quantities and unit costs and probable cost of construction and submit to the City for review. The final construction cost estimate shall be based upon and in agreement with the final estimated quantities shown on the bid sheet. The estimates will be prepared in Excel format and submitted to the City for review at the 65% complete, 95% complete, 100% complete and bid ready stages, or as otherwise requested. Backup data calculations by sheet and item will be prepared and submitted to the City upon request. Task 12.04 Project Specific SWPPP - DMC will prepare an applicable storm water pollution prevention plan for this project for bidding purposes only. The S WPPP will be prepared and submitted to the City for review at the 100% complete and bid ready stages, or as otherwise requested. Backup data calculations by sheet and item will be prepared and submitted to the City upon request. Task 13 Final Site Visit — Prior to submittal of final bid ready PS &E's to the City for signature, DMC will conduct a final site visit to check the actual field conditions with the design. Discrepancies will be noted and the PS &E's corrected prior to submittal. Task 14 Bid Support — DMC will provide up to twenty (20) hours of necessary bid support services from completion of the PS &E's through the pre - construction meeting, including: Providing clarification and/or revisions on the bid documents for design related issues to bidders; Provide written response to RFI's from the City; DESIGN GM Page 21 of 35 EXHIBI T A —SCOPE OF SER VICES • Attending the pre -bid meeting; • Analyzing of bids to determine lowest responsive bidder; • Attending in the pre - construction meeting. Task 15 Construction Support — DMC will provide up to forty (40) hours of support services to the City on a time and material basis to review shop drawings, submittals related to the design of the project and to monitor the construction progress once it's underway. DMC also will provide guidance and direction to the City with respect to the Contractor's conformance to the project documents. Task 16 As -Built Plans — DMC will incorporate all redline comments prepared by the Contractor and project inspector and prepare final ink on Mylar "as- built" record plans, wet stamped by the Project Engineer for this project. OPTIONAL TASKS DMC will complete the following optional tasks upon receiving written authorization from the City to do so: Task 17 Community Out Reach /Construction Management Plan — A critical function that needs to be completed during the design stages of this project is the development of a comprehensive construction management plan that will be incorporated into the final construction documents and enforced upon the Contractor during the construction of the proposed improvements. The construction management plan will include, at a minimum, the following construction details: • Specific times during the day that construction can be completed; • Days during the construction period when construction is to be stopped to allow for special events; • Notification/coordination with adjacent business owners; • Comprehensive traffic control plan; • Consideration of night construction. It is DMC intent to work closely with the City to develop a comprehensive construction management approach for this project through a community outreach program aimed at educating affected business owners /property owners of the pending project, to receive input from them on potential impacts to their business and to develop /present methods /approaches to be included in the final construction documents that will minimize the impacts to their business. DMC will provide necessary support services to the City for up to three (3) community outreach meetings with the affected businesses. DELIVERABLES DMC anticipates the following deliverables for this project: • 35% Complete Plans/Estimate/Special Studies: • 65% Complete Plans/Estimate: • 95% Complete Plans/Estimate /Specifications: • 100% Complete Plans/Estimate /Specifications: • Bid Ready Plans/Estimate /Specifications: Three (3) Hard Copies (bond) 65% Complete Plans/Estimate 65% Complete Plans/Estimate Three (3) Hard Copies (bond) One (1) Mylar Set of Plans (Wet Stamped), One (1) Wet- Stamped Copy of Specifications and Estimate, Three (3) Hard Copies (bond) of Each and One CD with Project Data Page 22 of 35 Nmm 2 Page 23 of 35 O N Pal `6 � y i y • y -11 y y y y y o w — f n F VA. +I. m C a g�v m w m w au si2twi 3 m C m + ,gg u r ♦ i i � . 4. [ a � • +w � N s E O li 9 i me a K £i 'J r i • E g a 1 e o m e $ i a T _ u Page 23 of 35 Awrl tONs OR EXCEP iYoNs TO THE CITY's R FP Included in our Proposal dated August 22, 2012 are the following additions or exceptions to the City of Lake Elsinore's Request for Proposal and Fee for Professional Consultant Design Services - Main Street Rehabilitation from Limited Street to Heald Avenue: The City will assign a Project Manager to act as its point person during the length of this project. 2. All available information pertinent to this project in the City's possession will be provided to DMC at no cost. DMC Design Group, Inc. will be paid on a monthly basis based upon monthly invoices submitted to and accepted by the City. DESIGN Page 24 of 35 STATEW,N7S DMC Design Group, Inc. and its Project Team of Subconsultants agree to the following: 1. The Professional Consultant Design Services outlined in our proposal, dated August 22, 2012, and the accompanying fees are in accordance with the City's RFP, entitled "Request for Proposal and Fee for Professional Consultant Design Services - Main Street Rehabilitation from Limited Street to Heald Avenue, Project Number U.STR -47," except as otherwise specified in this Proposal under "Additions or Exceptions to the City's RFP". 2. It is understood that the said RFP will be incorporated in its entirety as part of our proposal. 3. It is further understood that the said RFP and our proposal will jointly become a part of the "Agreement for Professional Consultant Design Services" for this project when said Agreement is fully executed by DMC Design Group, Inc. and the Mayor or City Manager ofthe City of Lake Elsinore, 4. All charges for Professional Consultant Design Services outlined in this proposal are "Not to Exceed Fees" as submitted with and made a part of this Proposal and include conservatively estimated reimbursable expenses shown as Direct Costs. It is understood that payments will be made for actual time and materials expended in furnishing authorized professional servicesto the "Not To Exceed Fee" level outlined in said proposal. 5. DMC will document and provide the results of the work to the satisfaction of the City, including the preparation of field notes or similar evidence of attainment of the Agreement objectives, if necessary. 6. DMC will immediately document and notify the City of any defects or hazardous conditions observed in the vicinity of the project site prior, during and after the construction work. 7. It is acknowledged and understood that DMC will not he allowed to change the subconsultants shown in our proposal, dated August 22, 2012, without written permission from the City. 8. DMC understands that discrimination against any employee or applicant for employment because of race, color, religion, sex or national origin is against Corporate policies and by -laws is not allowed to occur. 9. DMC will adhere to all known federal laws and regulations, as they pertain to this project, will be adhered to notwithstanding any state or local laws or regulations. In case of a conflict between federal, state or local laws or regulations, the strictest shall be adhered to. 10. DMC authorizes all federal, state, county and City officials access to its place of work, books, documents, papers, fiscal, payroll, materials and other relevant contract records pertinent to this project. DMC will retain all such relevant records for a period of three (3) years. 11. It is understood that DMC will 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, as well as the appropriate sections of the "Federal Labor Standards Provisions," "Federal Prevailing Wage Decision" and State of California prevailing wage rates, respectively. 12. It is understood that DMC will comply with the Copeland Anti- Kickback Act (18 USC 874) and the Implementation Regulation (29 CFR -3) issued pursuant thereto, and any amendments thereof, as it pertains to this project. 13. DMC offers and agrees to assign to the City all rights, title and interest in and to all causes action I 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 pursuant to the public works or the sub - consultant, as it pertains to this project. This assignment shall be made and become effective at the time the City tenders final payment to the Consultant, without further acknowledgement by the parties Page 25 of 35 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal 2. Status of Federal 3. Report Type: Action: Action: a. contract Fil a. bid /offer /application Fil a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year _ quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: t--� �X Prime t_LSubawardee Tier , if known UNKNOWN Congressional District, if known Congressional District, if known S. Federal Department/Agency: 7. Federal Program Name /Description: CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: UNKNOWN N/A 10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last n NONE =NIA 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying Signature: reliance was placed by the tier above when his transaction was made or entered into. This disclosure is print Name: DAVID M. COSPER, P.E., Q.S.D. required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to Title: PRINCIPAL ENGINEER file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than Telephone No.: (951) 549 -8100 x706 Date: 612212012 $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Forth — LLL Rev. 7 -97 Standard Form LLL Rev. 06 -04 -90 U: %CAPPROJI BOILER \Consultant\RFPlBoiler -RFP Attachement Form LLL.doc Page 26 of 35 Certification for Contracts, Grants, Loans, and Cooperative Agreements (Federal Fiscal Year January 12012 to December 31, 2012) I, , hereby certify on behalf (Name and Title of Grantee official) David M. Cosper, P. E., Principal Of DMC Design Group, Inc., that (Name of Grantee) David M. Cosper (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, of cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, an cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more that $100,000 for each such failure. Executed this 22 No of August 2012. B, U:\ OAPPROJIBOILEFtXCmsuMntXRFPShcerRFPAttechementFa LLL.tl Principal (Title of authorized official) Page 27 of 35 EXHIBIT B SCHEDULE OF CHARGES Page 28 of 35 DMC Design Group, Inc. Maple Centre 140 N. Maple St., Suite 104 Corona, CA 92880 (951) 549-8100 Fax (951) 549 -8102 August 22, 2012 Peter Ramey, P.E., Project Engineer City of lake Elsinore Engineering Division 130 South Main Street Lake Elsinore, CA 92530 RE Fee Proposal for Professional Consultant Design Services — Main Street Rehabilitation From Limited Street to Heald Avenue, City of Lake Elsinore Dear Mr. Ramey: DMC Design Group, Inc. will complete the services outlined in our August 22, 2012 Proposal for Professional Consultant Design Services - Main Street Rehabilitation From Limited Street to Heald Avenue in the City of Lake Elsinore for the following "Not To Exceed" fee: Task Description Task 1 Project Management Task 2 Project Research Task 3 Utility Coordination Task 4Initial Site Visit Task 5 Pavement Evaluations Task 6 Design Surveys Task 7 Base Mapping Task 8 Right-of-Way Map Task 9 Environmental Analysis/Clearance Task 10 Access Ramps Evaluations Task 11 Concept Development (Memorandum/35% Complete Plans) Task 12 Construction Documents Task 13 Final Site Visit Task 14 Bid Support Task 15 Construction Support Task 16 As -Built Plans Not to Exceed Fee $9,260.00 $1,860.00 $4,660.00 $2,260.00 $6,872.50 $8,900.00 $5,165.00 $4,130.00 $5,760.00 $7,100.00 $7,065.00 $24,170.00 $1,410.00 $1,980.00 $3,640.00 $2,700.00 Sub -Total $96,933.00 Direct Costs $2.703.00 Total Not To Exceed Fee $99,636.00 Optional Tasks Optional Task 5 Pavement Evaluation - Laboratory Testing $3,540.00 Optional Task 5 Pavement Evaluation - Geotechnical Analysis/Report Prep. $4,605.00 Optional Task 17 Community Outreach/Construction Management Plan $6,640.00 We look forward to working with the City of take Elsinore on this project and would very much like to discuss our qualifications and project approach in greater depth. Should you have any questions or concerns regarding DMC Design Group's qualifications, do not hesitate to contact us. incerel DMC nG avid M. Cosper, P. S.D. Principal Engineer Attachments Resource Matrix Hourly Rate Schedule H IDMC ]11I212N.1 CITYOF IAKEFLSWORE -MAIN STAFEr OF_SIGNWROrOSAUUUI EXF ®l'Fe SCIrtDUIEOFCHAR(a:S.DOC Page 29 of 35 .2 .i a J) c r r 0 0 cm = G W . C L& 0 u 0 7@ 0 E w :3 Page 30 of 35 U 14 k _4 9 S 8 Ro 0 0 MS 0 go C3 ALAA A M All A All A 1 A L 9m ! I l , 9 a Page 30 of 35 EXHIBIT B— HOURLY RATE SCHEDULE This hourly rate schedule is a part of DMC Design Group's proposal for Professional Consultant Design Services — Main Street Rehabilitation From Limited Street to Heald Avenue, Project Number U.STR -47 in the City of Lake Elsinore, as outlined in our August 22, 2012 proposal submitted to the City of Lake Elsinore, and will be used to invoice the City of Lake Elsinore for monthly progress payments and extra work incurred for the duration of the project. Public Works Inspector (Prevailing Wage Rate) ............................................................... ............................... OFFICE PERSONNEL SUPPORT & MISCELLANEOUS COSTS ExpertWitness/Depositions .............................................................................................. ............................... $225/hr LitigationConsultation ...................................................................................................... ............................... $200/hr PrincipalConsultant ........................................................................................................... ............................... $175/hr ProjectManager ................................................................................................................. ............................... $140/hr ProjectEngineer ................................................................................................................. ............................... $125/hr QualityControl Manager ................................................................................................... ............................... $120/hr TrafficEngineer ................................................................................................................. ............................... $115/hr ElectricalEngineer ............................................................................................................. ............................... $115/hr CADDManager ................................................................................................................. ............................... $110/hr DesignEngineer ................................................................................................................. ............................... $105/hr CADDOperator ................................................................................................................. ............................... $85/hr TrafficSignal Systems Special ist ...................................................................................... ............................... $85/hr UtilityCoordinator ............................................................................................................. ............................... $75/hr Technician.......................................................................................................................... ............................... $65/hr WordProcessor .................................................................................................................. ............................... $55/hr Cl erical............................................................................................................................... ............................... $30/hr FIELD PERSONNEL Survey Manager (Prevailing Wage Rate} .......................................................................... ............................... $125/hr Two -Man Survey Party w/ Vehicle & Equipment (Prevailing Wage Rate) ....................... ............................... $210/hr Field Technician (Prevailing Wage Rate) .......................................................................... ............................... $75/hr Public Works Inspector (Prevailing Wage Rate) ............................................................... ............................... $90/hr SUPPORT & MISCELLANEOUS COSTS CADD Work Station/Pl otter .............................................................................................. ............................... $25/hr ComputerTime .................................................................................................................. ............................... $16/hr Electronic Distance Measuring Equipment ....................................................................... ............................... $55/hr SurveyTrucks ............................................................................................ ............................... .....................$0.50 /mile OtherVehicles ........................................................................................... ............................... .....................$0.36 /mile NuclearGauge ................................................................................................................... ............................... $75 /day Manomet er......................................................................................................................... ............................... $20 /day SlopeIndicator ................................................................................................................... ............................... $50 /day Other Equipment........... Separate Schedule An overtime premium multiplier of 1.25 will be applied to the billing rate of hourly personnel who worlmvertime in order to meet a deadline which cannot be met during normal hours. Terms are net thirty (30) days with 1.5% per month interest charges. This will be agreed to by both parties in writing prior to implementation of this multiplier. The above schedule is for straight time hours. Page 31 of 35 EXHIBIT C EXEMPTION FROM WORKERS COMPENSATION INSURANCE Page 32 of 35 I * 4CI1 =311 � CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, 1 shall not employ any person in any manner sous to become subject to the Workers' Compensation Laws of the State of California. Executed on this _ --2 ND day of August 2012 at Corona California. i Consultant Page 33 of 35 EXHIBIT D LIST OF SUBCONSULTANTS Page 34 of 35 EXHIBIT _ LIST OF SUBCONSULTANTS PROJECT NAME: Professional Consultant Desien Services - Main Street Rehabilitation From Limited Street to Heald Avenue. PROJECT NO: U.STR -47 CONSULTANT NAME: DMC DESIGN GROUP, INC. NAME PMC World, Inc. TELEPHONE Provide technical support (916) 361 -8384 necessary for project ADDRESS environmental clearance. 2729 Prospect Park Drive, Suite 220 CITY, STATE ZIP Rancho Cordova, CA 95670 NAME Leighton Consulting, Inc. DESCRIPTION OF SUBCONSULTANT'S WORK TELEPHONE Provide geotechnical investigation (951) 252 -8923 and pavement evaluation ADDRESS services. 41715 Enterprise Circle N, Suite 103 CITY, STATE ZIP Temecula, CA 92590 Duplicate this form as necessary to report all subconsultant(s) information. Page 35 of 35