HomeMy WebLinkAboutCC # 5CITY OE ^
LADE LSIIYOKE
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: AUGUST 27, 2013
SUBJECT: CONSTRUCTION CONTRACT AWARDS
ELM STREET
PROJECT NO. 4385 -2
Recommendations
1. Award the construction of Elm Street to Marathon General, Inc., in the
amount of $208,665.00 with a 10% contingency of $20,800 to be used
for construction.
2. Authorize the City Manager to execute the contract with Marathon
General, Inc.
3. Award the Construction Geotechnical and Materials testing Services to
GeoMat Testing Laboratories, Inc., in the amount of $18,640.00
4. Authorize the City Manager to execute the contract with GeoMat
Testing Laboratories, Inc.
5. Award the Construction Survey Services to TKE Engineering, Inc., in
the amount of $9,480.00
6. Authorize the City Manager to execute the contract with TKE
Engineering, Inc.
Background
As a condition of approval for the Vista Del Lago /Broadstone Riversedge project,
D.R. Horton constructed a portion of Elm Street, starting where it intersects with
Lakeshore Drive and proceeding 290 feet westerly towards the lake, leaving the
remaining portion of Elm Street unimproved. To preserve the integrity of the
AGENDA ITEM NO. 5
Page 1 of 72
Award Construction Contracts
August 27, 2013
Page 2 of 3
existing improvements and address the issues that go along with a partially
improved street, Council directed staff to complete the paving of Elm Street.
Elm Street paving is phase II of the CIP project which included the paving of
Diamond Circle that was completed earlier this calendar year. The Elm Street
design was completed at the end of June; put out to bid in July, with the bid
opening scheduled for early August.
Discussion
The bids were opened publicly on August 8, 2013 at 2:00 p.m. The City received
10 bids from qualified contractors and they are as follows:
1.
Marathon General, Inc.
Escondido
$208,665.00
2.
Vance Corporation
Rialto
$209,805.00
3.
S.C. Services, Inc.
Lakeside
$219,350.00
4.
Lee and Stires, Inc.
Ontario
$221,414.95
5.
Landmark Site Contractors
Corona
$229,748.10
6.
Hillcrest Contracting
Corona
$231,118.00
7.
R.J. Noble
Orange
$254,153.00
8.
All American Asphalt
Corona
$270,000.00
9.
NPG Corporation
Perris
$281,398.25
10.
Hardy & Harper, Inc.
Santa Ana
$288,000.00
The low bid, Marathon General, Inc. came in $125,265 under the engineer's
estimate of $333,930.
Concurrent to the construction bid, requests for qualifications and proposal for
geotechnical construction services were sent to five select consultants. Staff is
recommending the City enter into a professional services agreement with
GeoMat Testing Laboratories, Inc.
Staff also requested proposals for construction survey were also sent to three
select consultants and is recommending the City enter into a professional
services contract with TKE Engineering, Inc.
Page 2 of 72
Award Construction Contracts
August 27, 2013
Page 3 of 3
Fiscal Impact
The Elm Street project budget is $333,930 and is fully funded through AQMD and
Fund 105, General /Miscellaneous.
Estimated Project Budget:
Marathon General, Inc. $208,665.00
Construction Contingency $ 20,800.00
GeoMat Testing Laboratories, Inc. $ 18,640.00
TKE Engineering, Inc. $ 10,125.00
Inspection and Contract Administration $ 20,000.00
$278,230.00
Prepared by: Peter Ramey A.,
Project Manager
Rita Thompson kr
Senior Engineering Technician
Ken A. Seumalo
Director of Public Works
Approved by James Riley(4j
Director of AdhAnistrative Services Department
Approved by: Grant Yates, City Manager
Attachments: Vicinity Map
Agreement for Construction Services
Agreement for Geotechnical Construction Services
Agreement for Construction Survey Services
Page 3 of 72
Page 4 of 72
Vicinity Map
Elm Street
Page 5 of 72
Page 6 of 72
Agreement
AGREEMENT
PROJECT NO. 4385 -2
ELM STREET PAVING
This Contract Agreement, made and entered into as of the date signed by the Mayor, by and between the City of
Lake Elsinore, a municipal corporation, County of Riverside, State of California, hereinafter called the "City" and
Marathon General, Inc. hereinafter called the "Contractor."
That the City and the Contractor for the consideration hereinafter named, agree as follows:
1. The complete Contract includes all of the Contract documents as if set forth in full herein, to wit, the
Contract Agreement, any and all Contract Change Orders issued afterthe execution of the Contract Agreement,
Addenda No(s). 0 issued prior to the opening of the Bids, the Special Provisions (which includes the
General Provisions and Technical Provisions), the Project Plans, the Standard Plans, the Standard
Specification, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non - Collusion
Affidavit, the Faithful Performance Bond, the Labor and Materials Payment Bond and insurance, all of which are
essential parts of this Contract and made a part of this Contract Agreement. In the event of any conflict in the
provisions thereof, the terms of said Contract documents as set forth above shall control, each over the other, in
the order provided.
2. The Contractor shall furnish all materials, tools, equipment and labor, except as otherwise provided in the
Plans or Special Provisions, and will perform all the work which is necessary to complete in a good, workmanlike
and substantial manner the above said project in accordance with the Contract documents for this project, the
Contract documents which are hereby specifically referred to and by such reference made a part hereof.
3. The City will pay the Contractor and the Contractor agrees to receive and accept the prices set forth in
the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to wit, the
Base Bid Item(s) and Additive Bid Item(s) in the sum total amount of $ 208,665.00 subject to additions or
reductions of the quantities of the various bid items at the unit prices bid, for furnishing all materials and for doing
all the work contemplated and embraced under this Contract Agreement; for all loss or damages arising out of
the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or
obstructions which may arise or be encountered in the prosecution of the work, until the work is accepted by the
City Council; for all expenses incurred by or in consequence of the suspension or discontinuance of work; and
for well and faithfully completing the work, the whole thereof, in the manner and in accordance with the Contract
documents therefore and the requirements of the Engineer under them.
4. The Contractor hereby agrees to commence work pursuant to this Contract within fourteen (14) calendar
days after the date of authorization specified in the Notice to Proceed. The Contractor agrees to diligently
prosecute the contracted work, including corrective items of work, day to day thereafter, to completion, within
Thirty (30) working days after said date in the "Notice to Proceed with Construction," except as adjusted by
subsequent Contract Change Order(s).
5. The City and Contractor hereby agree that in case all construction called for under the Contract is not
completed within the time hereinabove specified, including City caused delays or extensions, damages will be
sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the
actual amount of damages the City will sustain in the event of, and by reason of, such delay.
It is, therefore, agreed that such damages shall be presumed to be in the amount of $250.00 per calendar day,
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and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor,
said amount for each calendar day by which the Contractor fails to complete the work, including corrective items
of work, under this Contract Agreement within the time hereinabove specified and as adjusted by Contract
Change Order(s). The Contractor will not be assessed liquidated damages for delay(s) occasioned by the failure
of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.
6. The Contractor shall name as additional insured, the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore (RDA), Riverside County, California Department of
Transportation, and shall furnish the City with a certificate of insurance evidencing liability insurance policy or
policies which shall provide coverage for owned and non -owned automobiles; manufacturers and Contractor's
liability; broad form property damage in any case where the Contractor has any property belonging to the City in
his care, custody or control; owners and Contractor's protective liability; blanket contractual liability; products and
completed operations coverage; coverage for collapse, explosion, and where any excavation, digging or
trenching is done with power equipment; and shall bear an endorsement containing the following Provisions:
Solely as respect to work done by or on behalf of the named insured for the City of Lake Elsinore, it is
agreed that the City of Lake Elsinore, the Community Redevelopment Agency of the City of Lake
Elsinore (RDA), Riverside County, California Department of Transportation, its officers, employees and
agents, are added as additional insured under this policy and the coverage provided hereunder shall be
primary insurance and not contributing with any other insurance available to the City of Lake Elsinore,
the Community Redevelopment Agency of the City of Lake Elsinore, and the County of Riverside, its
officers, employees and agents; under any third party liability policy.
It is further agreed that the other insurance provision(s) of the policy are amended to conform therewith.
The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf.
Insurance companies providing insurance here under shall be rated (A minus: VII - Admitted) or better in Best's
Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of
California.
The terms of the insurance policy or policies issued to provide the below insurance coverage(s) shall not be
amended or canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of
amendments or cancellation to the City, except that cancellation for non - payment of premium shall require (10)
days prior written notice by certified or registered mail. In the event the said insurance is canceled, the
Contractor shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the
amounts established.
All liability insurance policies shall bear an endorsement or shall have an attached rider which provides that the
City of Lake Elsinore will be notified by certified or registered mail at least 30 days prior to the effective date of
cancellation, non - renewal, or material alteration of such policy.
All liability insurance shall cover comprehensive general liability for both bodily injury (including death) and
property damage, including but not limited to aggregate products, aggregate operations, aggregate protective
and aggregate contractual with the following minimum limits:
�pdilYIiijWry $500,000.00 $1,000,000.00 ( $2,000,000.00
1 $1,000,000.00 1 $2,000,000.00
A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00 for each
occurrence will be considered equivalent to the above minimum limits for Comprehensive General Liability.
Page 8 of 72
Property Damage Insurance shall cover full replacement value for damages to any property caused directly or
indirectly by or from acts or activities of the Contractor or its sub - contractors or any person acting for the
Contractor or under its control or direction.
The Contractor shall procure and maintain, at its sole expense, and throughout the term of this Contract
Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned and
non -owned automotive equipment operated. Such coverage limits shall not be less than $1,000,000 combined
single limit.
Any deductibles or self- insured retention must be declared to and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the City, its
officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration, and defense expenses.
The Contractor shall also furnish the City with a certificate evidencing Worker's Compensation Insurance with
limits as established by the State of California.
The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
7. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety Bonds
for one hundred percent (100 %) each of the contract price. The bonds shall be a "Faithful Performance Bond"
which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall
secure the payment of the claims of labor, mechanics, or materialmen for all work under the Contract pursuant to
Section 3247 of the Civil Code.
8. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns guarantee that
all work performed under this Contract fully meets the requirements thereof as to quality of workmanship and
materials furnished. If any defects in materials or workmanship become evident within a period of one year from
the date of the acceptance of the work by the City Council, the Contractor shall, at his or her own expense, make
any repair(s) or replacement(s) necessary to restore the work to full compliance with the Plans and
Specifications.
9. The Contractor and any agents or subcontractors of the Contractor shall pay the prevailing rates of per
diem wages established by the California Department of Industrial Relations. The Contractor and any agents or
subcontractors of the Contractor shall also adhere to the California Labor Code, Division 2, Part 7, "Public Works
and Public Agencies," and the California Administrative Code, Title 8, Group 3, "Payment of Prevailing Wages
upon Public Works," all of which are made a part of the Contract documents.
10. The Contractor agrees that he or she and its subcontractors shall maintain and keep books, payrolls,
invoices of materials, records on a current basis, and recording all transactions pertaining to this Agreement in a
form in accordance with generally acceptable accounting principles. Said books and records shall be made
available to the City of Lake Elsinore, County, the State of California, and the Federal Government and to any
authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All
such books, payrolls, invoices of materials, and records shall be retained for such periods of time as required by
law, provided, however, notwithstanding any shorter period of retention, all books, records, and supporting detail
shall be retained for a period of at least three years after expiration of the term of this Agreement.
11. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the
substitution of securities for any monies withheld by the City of Lake Elsinore to ensure performance under
Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be
deposited with the City of Lake Elsinore, or with a state or federally chartered bank as the escrow agent, who
3
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shall pay such monies to the Contractor. Securities eligible for substitution under this section shall include those
listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest -
bearing demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of
any securities substituted for monies withheld and shall receive any dividends or interest thereon. The
Contractor shall give the City written notice within thirty (30) days after the Contract is awarded that it desires to
substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into
an escrow, the escrow shall be governed by a written escrow Contract Agreement in a form which is substantially
similar to the Contract Agreement set forth in Section 22300, of the Public Contract Code.
12. The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the Community
Redevelopment Agency of the City of Lake Elsinore (RDA), its officers, agents, and employees harmless from
any and all liability, claims, damages or injuries to any person, including injury to the Contractor's employees and
all claims which arise from or are connected with the negligent performance of or failure to perform the work or
other obligations of this Contract Agreement, or are caused or claimed to be caused by the negligent acts of the
Contractor its officers, agents, employees, sub- contractors or suppliers, and all expenses of investigating and
defending against the same; provided, however, that this indemnification and hold harmless shall not include any
claims arising from the sole negligence or willful misconduct of the City, RDA, its officers, agents, or employees.
The obligation to indemnify, defend and hold harmless set forth herein shall include, without limitation, any and
all attorney's fees incurred by the party to be indemnified, defended, or held harmless, whether in a judicial or
administrative action or in arbitration, and whether the issue is between the parties or involves one or more third
parties.
13. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to
the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily or by
action of law, assign any obligation assumed by the Contractor hereunder without prior written consent of the
City.
14. Should either party bring any legal or equitable action for the purpose of protecting or enforcing its rights
under this Contract Agreement, the prevailing party in such action shall recover in addition to all other relief, its
reasonable attorney's fees and court costs to be fixed by the court.
In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its attorneys' fees
incurred in any post judgment proceedings to enforce any judgments in connection with this Contract
Agreement. The Provision is separate and several and shall survive the merge of this Provision into any
judgment.
15. By my signature hereunder, as Contractor, I certify that I am aware of the Provisions of Section 3700, of
the Labor Code which require every employer to be insured against liability for Workers' Compensation or to
undertake self- insurance in accordance with the Provisions of that code, and 1 will comply with such Provisions
before commencing the performance of the work of this Contract.
16. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City of
Lake Elsinore.
17. Contractors are required by law to be licensed and regulated by the Contractors' State License Board.
Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License Board, 3132
Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento,
CA 95826.
SIGNATURE PAGE FOLLOWS
Page 10 of 72
City of Lake Elsinore,
Municipal Corporation
L3
'
Grant M. Yates
Manager
DATE:
INTERNAL USE ONLY
ATTEST:
City Clerk
(only needed if Mayor signs)
APPROVED AS TO LEGAL FORM:
City Attorney
Date
RECOMMENDED FOR APPROVAL:
Department Head
(if contract exceeds $15,000)
Date
SIGNING INSTRUCTION TO THE CONTRACTOR:
Marathon General, Inc
2317 Auto Parkway
Escondido, CA 92029
License No./
Classification: 551314
Expiration Date: 4/30/2015
Federal I.D. No.: 33- 0311206
PRINT NAME:
SIGNATURE:
TITLE:
DATE:
Date
PRINT NAME:
SIGNATURE:
TITLE:
DATE:
Date
All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a notary
public.
General Partners must sign on behalf of the partnership.
In the event that the contracting firm is a corporation, two (2) corporate officer's having authority from
the corporation MUST sign (two (2) signatures total). If the corporation has a corporate resolution
stating that one person is authorized to sign on behalf of all officers, attach corporate resolution
immediately following the notary certificates. Corporate Seal may be affixed hereto.
+
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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 2013, by and between the City of Lake Elsinore, a
municipal corporation ( "City ") and GeoMat Testing Laboratories, 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 in Exhibit A which is
attached hereto and incorporated herein by reference. Consultant shall provide said services at
the time, place, and in the manner specified in Exhibit A, subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance, The services of Consultant are to commence upon execution of
this Agreement and shall continue for a period of one (1) year or the completion of the project.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $ 18,640.00 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 C.
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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 AM Best rating of no less than A: VII and shall be endorsed
with the following specific language:
i The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured's with respect to liability
arising out of work performed by or on behalf of the Consultant, including
materials, parts or equipment furnished in connection with such work or
operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self- insured retention the City
may have shall be considered excess insurance only and shall not contribute
with it.
iii. This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents, or volunteers.
Page 17 of 72
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: GeoMat Testing Laboratories, Inc.
9980 Indiana Avenue, Suite 14
Riverside, CA 92503
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 A. 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 A 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.
M
Page 18 of 72
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California and any action brought relating to this Agreement shall be
held exclusively in a state court in the County of Riverside.
23, Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences
any legal action against the other party arising out of this Agreement, the prevailing party shall
be entitled to recover its reasonable litigation expenses, including court costs, expert witness
fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE
( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five
qualified mediators. Each party shall have the option to strike two of the five mediators selected
by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains
unresolved after mediation, either party may commence litigation.
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.
Page 19 of 72
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: CONSULTANT:
ATTEST:
Virginia A. Bloom, City Clerk
APPROVED AS TO FORM:
City Attorney
E:]
Page 20 of 72
EXHIBIT "A"
SCOPE OF SERVICES
GEOMAT Testing Laboratories, Inc.
Page 21 of 72
EXHIBIT A
=Ge 7
'444-1
Mat,- GeoMat Testing Laboratories, Inc.
Soil Engineering, Environmental Engineering, Materials Testing, Geology
July 23, 2013
Project No. 13084 -01
Caltrans Certified, Lab No. 562
City of Los Angeles Certified, Lab No. 10217
AASHTO and ASTM Certified
TO: City of Lake Elsinore
Engineering Division
130 South Main Street
Lake Elsinore, California 92530
ATTENTION: Mr. Peter Ramey
SUBJECT: Response to RFP and Fee for Professional Construction Geotechnical Services, Elm
Street Improvements, City Project No. 4385 -2
GeoMat Testing Laboratories, Inc. appreciates the opportunity to provide the City of Lake Elsinore with
complete geotechnicai and material testing and inspection services per the subject RFP.
We are committed to providing the City of Lake Elsinore with high quality services in a timely and cost
efficient manner. As a team member, we will be committed to provide all the resources to perform
necessary soil sampling per Caltrans Construction Manual and 2012 Green Book, soil testing, aggregate
testing, asphalt mix testing, testing of pipe bedding material, and compaction testing in accordance with the
scope of work assigned to us to the highest professional standards and in a manner reasonably satisfactory
to the department.
Our firm is fully staffed ' and carries professional /general liability insurance, auto, and workman
compensation insurance. Our certified laboratory and well qualified local professional and technical staff will
assure that an exceptional level of service is provided to the project team.
With our vast experience, local presence, and low overhead you can expect quality service at reasonable
rate. Our capabilities, project experience, resumes, and references are attached for you review: Mr.
Haytham Nabilsi, P.E. is the project manager and contact at GeoMat Testing Laboratories, Inc.. His contact
information is as follows:
Email Havtham(cDgeomatlabs.com
Phone (951) 688 -5400 or (951) 534 -1618
We look forward to work with you on this important contract. Should you have any questions or need further
information, please do not hesitate to call this office.
Submitted for GeoMat Testing Laboratories, Inc.
Haytham Nabilsi, GE 2375
Principal Engineer
Distribution: [1[ Addressee
9980 Indiana Avenue • Suite 14 • Riverside • California • 92503 • Ph (951) 688 -5400 • Fax (951) 688.5200
www.geomatlabs.com,_email: info @geomatiabs.com
Page 22 of 72
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Page 23 of 72
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City of Riverside, Victoria Avenue Valve Replacement Prolect
City of Riverside Public Utilities Department, 3750 University Avenue, Riverside, CA 92501, Leonardo
Ferrando (951) 826 -5694
Completion Date: July 2013,
GeoMat conducted soil compaction, and material testing services during street rehabilitation. Material testing
included soil, aggregate, and asphalt.
City of Riverside Coonen Drive Water Main Replacement Prolect
City of Riverside Public Utilities Department, 3750 University A venue, Riverside, CA 92501, Tamrat Seyoum
(951) 826 -5672
Completion Date: July 2013,
GeoMat conducted soil compaction, and material testing services during street rehabilitation. Material testing
included soil, aggregate, and asphalt
City of Riverside Public Works Pavement Rehabilitation Pavement Coring
City of Riverside, 3900 Main Street, Riverside CA 92522, Tsang Huang, (951) 826 -2375
Completion Date: June 2013
GeoMat provided geotechnical and material testing for City of Riverside. Tasks included pavement coring, at
58 locations, sampling of material, R -value testing, and delineation of distressed pavement sections. We
have used a CME 45 mobile drill rig to obtain access to the cross section of pavement material. We provided
borehole logging, observations, sampling, and measurement of existing street conditions. The asphalt
concrete and base thicknesses were measured to provide contractors with necessary information about the
pavement prior to milling and/or grinding.
City of Riverside Public Works Pavement Rehabilitation, Pavement Coring
City of Riverside, 3900 Main Street Riverside CA 92522, Ryan O'Connell, (951) 826 -5799
Completion Date: April 2013
GeoMat provided geotechnical and material testing for City of Riverside. Tasks included pavement coring at
109 locations, sampling of material, R -value testing, measurement of existing concrete curb depth, and
delineation of distressed pavement sections. We have utilized a CME 45 mobile drill rig to obtain access to
the cross section of pavement material. We provided borehole logging, observations, sampling, and
measurement of existing street condition. The asphalt concrete and base thicknesses were measured to
provide contractors with necessary information about the pavement prior to milling and /or grinding.
City of Riverside Water Main Replacements in Wells Hedrick Jones Wavfield, Middleton Avenue
City of Riverside, 3750 University Avenue, Riverside CA 92501, Kevin Munns (951) 826 -5820
Completion Date: June 2013
Conducted geotechnicai investigation for the water main lines. Field work included soil sampling to obtain
in -place densities. Earth pressures and allowable soil bearing value was developed for the use in shoring
design. Provided recommendations for the stability of trench excavation, maximum safe vertical cut, sloping
trench sides, dewatering, excavatability, suitability of excavated soil for pipe bedding, backfill specifications,
shoring options, trench repair pavement section, and soil chemical reaction to concrete and steel.
9980 Indiana Avenue • Suite 14 • Riverside • California • 92503 • Ph (951) 688.5400 • Fax (951) 6885200
w .oeomattabs.com, email: info@geoma6abs.com
Page 24 of 72
City of Riverside Water Main Replacements in Park and Grove Avenue City of Riverside
City of Riverside, 3750 University Avenue, Riverside CA 92501, Kevin Munns (951) 826 -5820
Completion Date: June 2013
Conducted geotechnical investigation for the water main lines. Field work included traffic control, drilling at
11 locations, soil sampling to obtain in -place densities. Earth pressures and allowable soil bearing value
was developed for the use in shoring design. Provided recommendations for the stability of trench
excavation, maximum safe vertical cut, sloping trench sides, dewatering, excavatability, suitability of
excavated soil for pipe bedding, backfill specifications, shoring options, trench repair pavement section, and
soil chemical reaction to concrete and steel.
City of Riverside Public Works La Sierra Market and Jackson Avenue, Pavement Rehabilitation
City of Riverside, 3900 Main Street, Riverside CA 92522, Ryan O'Connell, (951) 826 -5799
Completion Date: April 2013
GeoMat provided geotechnical and material testing for City of Riverside. Task included pavement coring at
33 locations in Arterial Streets, sampling of material, R -value testing, and delineation of distressed pavement
sections. We have used a CME 45 mobile drill rig to obtain access to the cross section of pavement material.
We provided borehole logging, observations, sampling, and measurement of existing street conditions. The
asphalt concrete and base thicknesses were measured to provide contractors with necessary information
about the pavement prior to milling and/or grinding.
92522, Ryan O'Connell, (951) 826 -5799
Completion Date: April 2013
GeoMat provided geotechnical and material testing for City of Riverside. Task included pavement coring at
24 locations in Arterial Streets, sampling of material, R -value testing, and delineation of distressed pavement
sections. We have used a CME 45 mobile drill rig to obtain access to the cross section of pavement material.
We provided borehole logging, observations, sampling, and measurement of existing street conditions. The
asphalt concrete and base thicknesses were measured to provide contractors with necessary information
about the pavement prior to milling and /or grinding.
9980 Indiana Avenue • Suite 14 • Riverside • California • 92503 • Ph (951) 688.5400 • Fax (951) 688 -5200
www.geomatiabs.com, email: lnfo@geomatiabs.com
Page 25 of 72
Page 26 of 72
EXHIBIT "B"
SCHEDULE Or CHARGES
GEOMAT Testing Laboratories, Inc
Page 27 of 72
EXHIBIT B
GEOMAT Testing Laboratories, Inc.
9980 Indiana Avenue, Suite 14, Riverside, California 92503
Phone(951)688 -5400 Fax (951) 688 -5200
2013 CITY OF LAKE ELSINORE
PROFESSIONAL FEE SCHEDULE
GEOTECHNICAL,INSPECTION,AND
ENVIRONMENTAL SERVICES
Geophysics /Hydrology /Environmental equipment
and monitoring devices mll be invoiced as
arranged.
LABORATORY UNIT PRICES
Soli Moisture Content
Moisture /Density- ring sample
Maximum Dry Density /Optimum Moisture Content
Maximum Dry Density - checkpoint
Maximum Dry Density - Caltrans
Sieve Analysis
200 Wash
Hydrometer Analysis
Sieve and Hydrometer Analysis
Specific Gravity - fine aggregate
Specific Gravity - coarse aggregate
Attedrerg Limits
Sand Equivalent
Expansion Index
Direct Shear- remolded
Direct Shear • undisturbed
Consolidation (w /o time rate)
Consolidation (wltime rate), add per load
R -value - untreated
R- value - treated
HVEEM Test
AC Extraction and Gradtion
Sulfate Content
Ph
Resistivity and Ph
Concrete Compression Test
Invoices are payable upon receipt- A retainer of 500/. of
the fee is required for project with a total fee of $2,000.00
or less. The balance for these projects must be paid at
the time the report is released to the client. For field
investigations, mobilization and equipment costs vdll be
Invoiced immediately on authorization. Cost proposals
$ 20.00 are valid for 30 days.
25.00
180.00 When personnel man -hour rates or test rates are part of
100.00 a not -to- exceed or lump sum contract, man -hour rates for
300.00 cancellations without adequate notice, additional man -
100.00 hour charges for slow work progress or stand -by time,
65.00 overtime, costs for travel and lodging, retests due to
105.00 failed tests or additional tests for clients convenience or
200.00 Inspectors shall be considered additions to the contract.
75.00
75.00 DISCLOSURE -
105.00
95.00 Client agrees to provide all information in ClienCs
120.00 possession pertinent to actual or possible presence of
175.00 hazardous materials on the site, and agrees to
150.00 compensate SID Geotechnical, Inc. for all costs
200.00 associated with the unanticipated discovery of hazardous
50.00 materials.
325.00
575.00
420.00
290.00
65.00
65.00
160.00
35.00
NOTES
Tdaxlal testing, residual shear tests, permeability,
abmslon and other testing will be charged by
arrangement
Laboratory samples will be maintained for 30 days from
date of report. A storage fee will be assessed if longer
storage Is required by the client.
Expert witness testimony will be charged. at 150.00 per
hour; minimum charge of 600.00. .
Page 28 of 72
REIMBURSABLE EXPENSES
Principal Engineer /Geologist
$ 115.00 Per Hour
Project Engineer /Geologist
100.00 Per Hour
Overtime for geld personnel will be charged at the basic
Senior Engineer /Geologist
95.00 Per Hour
rate plus 20.00 per hour. Overtime is the time in excess
Staff Engineer /Geologist
90.00 Per Hour
of 8- hours per day and all Saturdays, Sundays and
Field Supervisor
90.00 Per Hour
Holidays.
Technician (Fletd,Laboralory)
85.00 Per Hour
Draftsperson
65.00 Per Hour
Heavy equipment, supplemental insurance, travel,
Clerical
65.00 Per Hour
shipping, reproduction and other reimbursable expenses
will be invoiced at coal plus 15 %, unless billed directly lo,
ENGINEERING FIELD EQUIPMENT
and paid by, client.
Nuclear Soil Gauge
5.00 Per Hour
Per diem charges of 40.00 per day plus lodging will be
Vehicle Use
0.70 Per Mile
charged when the project required an overnight stay.
SPECIAL FIELD EQUIPMENT -
TERMS OF PAYMENT
Geophysics /Hydrology /Environmental equipment
and monitoring devices mll be invoiced as
arranged.
LABORATORY UNIT PRICES
Soli Moisture Content
Moisture /Density- ring sample
Maximum Dry Density /Optimum Moisture Content
Maximum Dry Density - checkpoint
Maximum Dry Density - Caltrans
Sieve Analysis
200 Wash
Hydrometer Analysis
Sieve and Hydrometer Analysis
Specific Gravity - fine aggregate
Specific Gravity - coarse aggregate
Attedrerg Limits
Sand Equivalent
Expansion Index
Direct Shear- remolded
Direct Shear • undisturbed
Consolidation (w /o time rate)
Consolidation (wltime rate), add per load
R -value - untreated
R- value - treated
HVEEM Test
AC Extraction and Gradtion
Sulfate Content
Ph
Resistivity and Ph
Concrete Compression Test
Invoices are payable upon receipt- A retainer of 500/. of
the fee is required for project with a total fee of $2,000.00
or less. The balance for these projects must be paid at
the time the report is released to the client. For field
investigations, mobilization and equipment costs vdll be
Invoiced immediately on authorization. Cost proposals
$ 20.00 are valid for 30 days.
25.00
180.00 When personnel man -hour rates or test rates are part of
100.00 a not -to- exceed or lump sum contract, man -hour rates for
300.00 cancellations without adequate notice, additional man -
100.00 hour charges for slow work progress or stand -by time,
65.00 overtime, costs for travel and lodging, retests due to
105.00 failed tests or additional tests for clients convenience or
200.00 Inspectors shall be considered additions to the contract.
75.00
75.00 DISCLOSURE -
105.00
95.00 Client agrees to provide all information in ClienCs
120.00 possession pertinent to actual or possible presence of
175.00 hazardous materials on the site, and agrees to
150.00 compensate SID Geotechnical, Inc. for all costs
200.00 associated with the unanticipated discovery of hazardous
50.00 materials.
325.00
575.00
420.00
290.00
65.00
65.00
160.00
35.00
NOTES
Tdaxlal testing, residual shear tests, permeability,
abmslon and other testing will be charged by
arrangement
Laboratory samples will be maintained for 30 days from
date of report. A storage fee will be assessed if longer
storage Is required by the client.
Expert witness testimony will be charged. at 150.00 per
hour; minimum charge of 600.00. .
Page 28 of 72
EXHIBIT "C"
INSURANCE REQUIREMENTS
GEOMAT Testing Laboratories, Inc
Page 29 of 72
CERTIFI E OF EXEMPTION FROM WO
I hereby certify tha " the performance of t
into, I shall not employ any pers n any
IT
Compensation Laws of the State of rni N/A
Executed on this day of
California.
1
EXHIBIT C
RKERS COMP ATION INSURANCE
he work which this Agreement Is entered
so aW become subject to the Workers'
X2013 at
Page 30 of 72
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement ") is made and entered into as
of the _ day of , 2013, 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 in Exhibit A which is
attached hereto and incorporated herein by reference. Consultant shall provide said services at
the time, place, and in the manner specified in Exhibit A, subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance. The services of Consultant are to commence upon execution of
this Agreement and shall continue for a period of one (1) year or the completion of the project.
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the
Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by
reference. In no event shall Consultant's compensation exceed $ 18,640.00 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.
Page 31 of'72
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.
2
Page 32 of 72
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).)
3
Page 33 of 72
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.
0
Page 34 of 72
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence for bodily injury, personal injury and property
damage. If a commercial general liability insurance form or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile
liability insurance covering bodily injury and property damage for all activities of
the Consultant arising out of or in connection with the work to be performed
under this Agreement, including coverage for owned, hired and non -owned
vehicles, in an amount of not less than one million dollars ($1,000,000) combined
single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional
errors and omissions liability insurance for protection against claims alleging
negligent acts, errors or omissions which may arise from Consultant's operations
under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance
shall not be less than one million dollars ($1,000,000) on a claims -made annual
aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing an AM Best rating of no less than A: VII and shall be endorsed
with the following specific language:
i The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insured's with respect to liability
arising out of work performed by or on behalf of the Consultant, including
materials, parts or equipment furnished in connection with such work or
operations.
ii. This policy shall be considered primary insurance as respects the City, its
elected or appointed officers, officials, employees, agents and volunteers. Any
insurance maintained by the City, including any self- insured retention the City
may have shall be considered excess insurance only and shall not contribute
with it.
iii. This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or
appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents, or volunteers.
5
Page 35 of 72
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.
G. 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.
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 A. 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 A 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.
H
Page 36 of 72
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under this
Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed
by the laws of the State of California and any action brought relating to this Agreement shall be
held exclusively in a state court in the County of Riverside.
23, Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences
any legal action against the other party arising out of this Agreement, the prevailing party shall
be entitled to recover its reasonable litigation expenses, including court costs, expert witness
fees, discovery expenses, and attorneys' fees.
24. Mediation. The parties agree to make a good faith attempt to resolve any disputes
arising out of this Agreement through mediation prior to commencing litigation. The parties shall
mutually agree upon the mediator and share the costs of mediation equally. If the parties are
unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE
( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five
qualified mediators. Each party shall have the option to strike two of the five mediators selected
by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains
unresolved after mediation, either party may commence litigation.
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.
7
Page 37 of 72
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: CONSULTANT:
ATTEST:
Virginia A. Bloom, City Clerk
APPROVED AS TO FORM:
City Attorney
0
Page 38 of 72
EXHIBIT "A"
SCOPE OF SERVICES
TKE Engineering, Inc
Page 39 of 72
Professional Construction
Survey Services
Elm Street Improvements
Project Number 4385 -2
for
Crry or
LAAKE >,5
°VPRIAM IiOWMP
City of Lake Elsinore
Engineering Division
130 South Main Street
Lake Elsinore, CA 92530
Prepared By:
W W W I k e e to �.i .. - N I ,I O - I y 'I'
Page 40 of 72
Section 1: Table of Contents
Section 2: Project Understanding
Section 3: Approach
Section 4: Scope of Services
Section 5: Team Organization
Section 6: Qualifications/ Experience
Section 7: Resumes
Section 8: Client References
Section 9: City General Requirements
ATTACHMENTS
ATTACHMENT 'A .............SAMPLE CUT SHEET
ATTACHMENT 1B'............ EXPERIENCE
ATTACHMENT 1C'............ CITY FORMS
ATTACHMENT 'D'............ ELEMENTS OF COMPENSATION
Prepared for the:
cnv o,i �%
I�1 -1]�L �� 11`IC>IZI
City of Lake Elsinore
Engineering Department
130 South Main Street
Lake Elsinore, CA 92530
Contact: Peter Ramey, P.E.
Phone: (951) 674 -3124 x246
Prepared by:
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Contact: Michael P. Thornton
Phone: (951) 680 -0440
e -mail: mthornton @tkeengineering.com
City of Lake Elsinore — Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 41 of 72
PROJECT UNDERSTANDING;
The City of Lake Elsinore (City) desires to retain a
professional survey consultant to provide all
construction staking required to completely
construct the curb, gutter, sidewalk and asphalt
pavement improvements for the project including
tie out all existing street survey monuments, re-
establish destroyed monuments and set street
intersection monuments that currently exist. The
City desires to construct new PCC curb, gutter and
sidewalk, asphalt concrete dike, drainage facilities
and asphalt concrete pavement improvements on
Elm Street. The project will include minor grading
along the sidewalk locations and drain facility
locations.
In order to complete the project, the City requires
a consultant to establish survey control, perform
construction staking, locate and tie out all existing
monumentation, reset monumentation upon
completion of construction, file all appropriate
corner records and restake lost or damaged
stakes during construction.
TKE Engineering, Inc. (TKE), was established in
2000, and in the last twelve years has developed
into one of Southern California's premier full
service consulting A /E /C firms. TKE was
established with the goal of providing turnkey
service for municipal projects in order to benefit
our community. As a result of the focus of the
firm on this mission, TKE has earned a reputation
for thoroughness, rapid turnaround, cost
efficiency and overall quality of work. We are a
highly motivated, dynamic firm with the goal of
being your preferred consultant.
City of Lake Elsinore — .Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 42 of 72
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
We have developed this project approach in order
to maintain an expertise in our core business of
smaller projects with tight budgetary constraints.
Our approach to your surveying projects,
recognizing that both schedule and budget are of
primary concern, dictates that services must be
provided both efficiently and carefully. When this
is coupled with the various constraints present
with any project, it is critical that the City choose
a consultant with a proven track record of
delivering. With a familiar team of senior level
surveying professionals, TKE is the right choice for
this panel.
With surveying projects, our experience tells us
that there must be a proactive approach to
completing the work in order to maintain cost
constraint and stay on schedule. This approach
includes early identification of critical surveying
elements together with review of project schedule
and tasks.
Project Management
TKE takes pride in our reputation for
thoroughness, rapid turnaround, cost efficiency
and overall quality of work, and believes that a
high level of quality is needed on all surveying
services including preparation or review of legal
descriptions and associated plats, design surveys,
construction surveys, survey control point
establishment and monument preservation. High
quality surveying project management yields the
following tangible results:
• Smoother processing
• Efficient map processing
• Foundation for effective design
• Minimized construction changes
• Reduced claims and dispute resolution
costs
TKE believes that the most successful project
management program is one that is applied
inherently throughout the entire design process
and all design activities. This program requires
not only formal procedures for checking, but
encourages the conscientious effort of
experienced people to always "create quality" in
every task performed throughout.
This program has become a natural element in all
aspects of TKE's management activities, and will
guide our work on this contract:
• Staff training and development
• Assignment of experienced staff
• Continuity of staffing
• Project- specific work plan
• Schedule compliance
• Comprehensive field review and
compilation of site data
Established checking procedures, including
independent in -house QA /QC review
Dual (independent) quantity estimates
This Project Management program is in place to
ensure that surveying services provided by TKE
continue to exceed the standards of our clients
and that we will deliver the project on schedule
and within budget.
City of Lake Elsinore — Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 43 of 72
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.
TKE will research existing survey documents and
identify all potential monumentation. We will then
perform a project site survey to establish
horizontal and vertical control points to be used
throughout construction. All vertical control
points will be established based on City
benchmarks.
TKE will set construction stakes at the offset
requested by the Contractor along proposed street
alignment for drainage and erosion control
facilities, ac dike, curb and gutter, sidewalk,
residential drive approaches, and pavement
subgrade. Stakes will placed at 25 -foot intervals
and at all vertical curves, grade breaks, B.C.R.'s,
E.C.R.'s, center of driveway and curb returns.
i E...1'�e-s se d'F ^ € "f'h`7�it' Out snW
Once comprehensive records have been
assembled, TKE will perform a monument tie
verification survey. For each intersection, TKE will
locate and occupy the centerline monument and
measure angles and distances to each tie and
adjacent monument along improvement
alignments. If ties could potentially be disturbed
during construction, TKE will establish new ties at
safe locations. All data accumulated will be
documented by field survey notes. Copies of the
survey notes will be provided to the City.
TKE will prepare pre - project Corner Records
forms, in accordance with Assembly Bill 1414
requirements, for each intersection. We will
utilize County required forms. Prior to submission
of the forms to the County, TKE will submit them
to the City for review. Upon City authorization,
TKE will submit them to the County Surveyor for
review and filing.
After construction is complete, TKE will survey
each intersection to determine if monuments have
been disturbed. TKE assumes the contractor will
be responsible for setting the monument well cap
per Lake Elsinore Standard 601a. For each lost or
disturbed monument, TKE will re- establish its
position based on tie or record data and verify its
location based on measurements to adjacent
monuments. All data accumulated will be
documented by field survey notes.
TKE will prepare post - project Corner Records and
City Tie forms, in accordance with Assembly Bill
1414 and City Standards 601c and 601d
requirements, for each intersection. Again, we
will utilize County required forms for Corner
Records and file them only after the City has
completed its review.
,'
TKE will provide six trips of restaking time to reset
any stakes that were damaged or lost by the
Contractor prior to constructing the required item.
The restaking costs have been separated as an
additive cost as requested by the City.
TKE will prepare cut sheets for all stakes place in
the field. The cut sheet will identify station,
offset, point number, proposed grade, hub
elevation, cut or fill required and remarks for each
stake set. Three copies of the cut sheets will be
submitted to the City for distribution to the
Contractor, Inspector and all other required
parties. A blank sample of TKE's cut sheet has
been provided in Attachment'A'.
of Lake Elsinore — Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 44 of 72
Project Team
TKE fully recognizes the City's concern for high quality, timely performance, and precise communication
when utilizing the services of a consultant. Each project conducted by TKE is managed and staffed by a
project team assembled to meet the specific needs of the project. TKE has assembled a highly
qualified and experienced project team, which we believe will best serve your needs. Resumes of each
team member can be found in Section 7: Resumes.
City of Lake Elsinore — Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 45 of 72
Mr. Thornton, TKE's President, is in charge of all
TKE projects. He has over 25 years of experience
in engineering planning, design, land surveying
and construction management for public works
projects. He has worked on a variety of public
works engineering projects including street
improvements, park improvements, bike trail
improvements, drainage improvements, and
reclaimed water system improvements projects.
Mr. Thornton has been responsible for managing
including funding administration, planning,
evaluating, and designing these projects and has
provided construction engineering and surveying
services for many of these same projects
Mr. Renner, is the Vice President of TKE and has
over 12 years experience in civil engineering
infrastructure projects, including sewer and water
improvements, transportation improvements,
drainage improvements, facilities improvements
and recreation improvements. He has managed
numerous projects and has delivered projects for
the Counties of Riverside and San Bernardino as
well as the cities of Fontana, Rialto, Upland,
Riverside, Redlands, El Monte, Moreno Valley,
Colton and Corona. As a project manager, Mr.
Renner has been responsible for survey and
design production, supervising a staff of
surveyors, engineers and drafters, coordinating
work between the production team and the client,
and for submitting all deliverables in a timely
manner. He has successfully delivered a wide
variety of complex and challenging projects and is
dedicated to ensuring that the plans produced by
TKE continue to exceed industry standards.
Mr. Musser has over 45 years of experience in
performing field and office surveying services for
public and private projects including roadway and
highway projects. Prior to joining TKE
Engineering, Inc., Mr. Musser worked as a Partner
in an engineering and surveying firm and
supervised the mapping department providing
mapping and calculations support for the firm's
projects. He has prepared records of survey,
parcel maps and tract maps in San Bernardino
County, Riverside County, San Diego County,
Orange County and Los Angeles County. He has
performed boundary, topographic, ALTA, and
precise level surveys as well as Global Positioning
Surveys.
City of Lake Elsinore — Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 46 of 72
QUALIFICATIONS AND EXPERIENCE
TKE has extensive experience with an excellent
reputation in both the design of and construction
support of civil engineering and surveying
projects. Our survey design experience is shown
in Attachment 'B'.
Throughout our history of twelve years serving
the Inland Empire region, we have provided multi-
disciplinary design and construction support
services for large and small projects. We have
successfully completed complex and challenging
projects for a variety of municipal agencies who
have continued to request that we partner with
them in delivering much needed infrastructure to
their communities.
We are sure that the successful results of our past
performance in the delivery of projects, along with
our firm's proven ability to utilize our experience
for a complete and well engineered project, will
provide a valuable resource to the City of Lake
Elsinore.
City of Lake Elsinore — Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 47 of 72
Project Role
City Liaison
Education
MS, Civil Engineering,
California State
University, Long Beach
BS, Civil Engineering,
California State
Polytechnic University,
Pomona
Registration
Registered Civil
Engineer, PE 44226
(CA)
Professional Land
Surveyor, LS 6867 (CA)
Affiliations
Riverside -San
Bernardino Counties
Branch, American
Society of Civil
Engineers
American Water Works
Association
California Rural Water
Association
Mr. Michael Thornton, P.E., P.L.S., M.S.
Mr. Thornton, TKE's President, is in charge of all TKE projects. He has over
25 years of experience in engineering planning, design, land surveying and
construction management for public works projects. He has worked on a
variety of public works engineering projects including street improvements,
park improvements, bike trail improvements, drainage improvements, and
reclaimed water system improvements projects. Mr. Thornton has been
responsible for managing including funding administration, planning,
evaluating, and designing these projects and has provided construction
engineering and surveying services for many of these same projects.
Related Experience
® Fontana Civic Center Parking Improvement Project, City of Fontana,
CA - This project consists of the design and reconstruction of 10
parking lots across the 26 acre site to create additional parking space
for City Staff, Police and visitors of the civic center area. The project
includes relocation of existing storm drain lines and catch basins,
pedestrian and vehicular access to all buildings within the civic center
area and themed landscaping and lighting scenarios. The project will
provide more than 200 new parking spaces and increase parking lot
efficiency.
• Upland Fire Station Rehabilitation Project, City of Upland, CA - This
project included the demolition, seismic retrofit and reconstruction of
a portion of the existing early 1900's era masonry fire station to
incorporate a museum and to facilitate the preservation of the original
historic Fire Station. The exterior of the building was completely
renovated including removal of lead base paint and restoration of
outdoor lighting, inclusion of ADA access, construction of a patio area
in the rear of the building and other site improvements.
• San Bernardino Avenue /Etiwanda Avenue Force Main, Inland Empire
Utilities Agency, City of Fontana, CA - Mr. Thornton served as
Principal in Charge for this project, which provided 8,360 linear feet of
24 -inch and 30 -inch parallel DIP force mains and PVC electrical and
fiber optic conduits.
City of Lake Elsinore - Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 48 of 72
Project Role
Project Manager
QA /QC
Education
BS, Civil Engineering,
California State Polytechnic
University, Pomona
Registration
Registered Civil Engineer,
PE 69984 (CA)
Affiliations
Riverside -San Bernardino
Counties Branch, American
Society of Civil Engineers
Mr. Terry Renner, P.E.
Mr. Renner is the Vice President of TKE and has considerable
experience in civil engineering infrastructure projects, including
sewer and water improvements, transportation improvements,
drainage improvements, facilities improvements and recreation
improvements. He has managed numerous projects and has
delivered projects for the City of Rialto as well as the cities of
Fontana, Upland, Riverside, Redlands, and Corona. As a project
manager, Mr. Renner has been responsible for design production,
supervising a staff of engineers and drafters, coordinating work
between the production team and the client, and for submitting all
deliverables in a timely manner. He has successfully delivered a
wide variety of complex and challenging projects and is dedicated to
ensuring that the plans produced by TKE continue to exceed
industry standards.
Related Experience
® San Bernardino Avenue Street Improvements, County of San
Bernardino, CA - Mr. Renner is the Project and Construction
Manager for this 8,800 linear feet of street median, sidewalk,
and storm drain improvements. This project involves
coordination with Union Pacific Railroad, the City of Fontana and
compliance with requirements of a wide variety of funding
sources.
® Crestmore Avenue Water System Improvements, Rubidoux
Community Services District, Rubidoux, CA - Terry was the
Project and Construction Manager for this project, which
provided 1,950 linear feet of 24 -inch CML &C transmission main
improvements to increase flows from an existing well site.
• San Bernardino Avenue /Etiwanda Avenue Force Main, Inland
Empire Utilities Agency, City of Fontana, CA - Mr. Renner was
Project and Construction Manager for this project, which
provided 8,360 linear feet of 24 -inch and 30 -inch parallel DIP
force mains and PVC electrical and fiber optic conduits.
• Rialto Channel - Two Crossings Improvement Project, City of
Rialto, CA - Mr. Renner was Project and Construction Manager
for this project, which included construction of two RCB
structures with wingwalls at Rosewood Street and Second
Street, in conjunction with reconstruction of the upstream and
downstream transitions made up of 1/2 -ton loose riprap.
City of Lake Elsinore - Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 49 of 72
Project Role
Survey
Education
University of California,
Riverside
Registration
Professional Land Surveyor,
LS 4230 (CA)
Affiliations
American Council of
Engineering Consultants
(ACEC)
Mr. Ron Musser, P.L.S.
Mr. Musser has over 45 years of experience in performing field and office
surveying services for public and private projects including roadway and
highway projects. Prior to joining TKE Engineering, Inc., Mr. Musser
worked as a Partner in an engineering and surveying firm and supervised
the mapping department providing mapping and calculations support for
the firm's projects. He has prepared records of survey, parcel maps and
tract maps in San Bernardino County, Riverside County, San Diego
County, Orange County and Los Angeles County. He has performed
boundary, topographic, ALTA, and precise level surveys as well as Global
Positioning Surveys.
Related Experience
Fontana Civic Center Parking Improvement Project, City of
Fontana, CA - This project consists of the design and
reconstruction of 10 parking lots across the 26 acre site to
create additional parking space for City Staff, Police and visitors
of the civic center area. The project includes relocation of
existing storm drain lines and catch basins, pedestrian and
vehicular access to all buildings within the civic center area and
themed landscaping and lighting scenarios. The project will
provide more than 200 new parking spaces and increase parking
lot efficiency.
Upland Fire Station Rehabilitation Project, City of Upland, CA -
This project included the demolition, seismic retrofit and
reconstruction of a portion of the existing early 1900's era
masonry fire station to incorporate a museum and to facilitate
the preservation of the original historic Fire Station. The
exterior of the building was completely renovated including
removal of lead base paint and restoration of outdoor lighting,
inclusion of ADA access, construction of a patio area in the rear
of the building and other site improvements.
San Bernardino Avenue /Etiwanda Avenue Force Main, Inland
Empire Utilities Agency, City of Fontana, CA - Mr. Musser served
as Project Surveyor for this project, which provided 8,360 linear
feet of 24 -inch and 30 -inch parallel DIP force mains and PVC
electrical and fiber optic conduits.
City of Lake Elsinore - Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 50 of 72
Please see Table 1. above for a small, but representative list of agencies who have and continue to request TKE
Engineering and Planning (TKE) assist them in delivering valuable projects to their communities. We respectfully
request that you verify our qualifications with the above listed references.
City of Lake Elsinore - Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 51 of 72
DATES SERVICES
PROVIDED
AGENCY
CONTACT NAME
PHONE NUMBER
(FROM /THROUGH)
CITY OF FONTANA - PUBLIC
MR. CHUCK HAYS, DIRECTOR
(909) 350- 6530��
2002 PRESENT
WORKS DEPARTMENT
OF PUBLIC WORKS
CITY OF EL MONTE
MR. CESAR ROLDAN, SENIOR
(626) 580 -2087
2008 - PRESENT
ENGINEER
CITY OF UPLAND
ROSEMARY HOERNING,
(909) 291 -2931
2002 - PRESENT
�MS.
PUBLIC WORKS DIRECTOR
_.__
N_ A ENGINEERING
MR. NOEL CASTILLO, SENIOR
( 909 ) 350 -7632
2002 - PRESENT
ENGINEER
SAN BERNARDINO
MR. STEVEN LEDBETTER,
(909) 384 -7225
2002 -PRESENT
MUNICIPAL WATER
WATER UTILITY
DEPARTMENT
CONSTRUCTION PROJECTS
MANAGER
_.__....._- --- - -
Table 1. References
Please see Table 1. above for a small, but representative list of agencies who have and continue to request TKE
Engineering and Planning (TKE) assist them in delivering valuable projects to their communities. We respectfully
request that you verify our qualifications with the above listed references.
City of Lake Elsinore - Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 51 of 72
Standard Form of Agreement
TKE has reviewed the City's standard form of agreement and takes no exception to the requirements of
the standard contract. 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 'C'. TKE is not exempt from Workers' Compensation Insurance and therefore
did not attach the exemption form.
City of Lake Elsinore — Request for Proposal for Construction Survey Services
Elm Street Improvements, Project No. 4385 -2
Page 52 of 72
qf�
Page 53 of 72
TKE ENGINEERING "Anagemon't
PROjECI
NAME Of: SI'IREE-1 OR IMPROVEMEWS
GRADES
HEFT NO. OF
DA"
Page 54 of 72
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Page 58 of 72
Page 59 of 72
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
g] a. Contract
® a. Bid /offer /application
® a. Initial filing
b. Grant
b. Initial award
b. Material change
c. Cooperative agreement
G. Post -award
For Material Change Only;
d. Loan
Year_ Quarter
e. Loan guarantee
Date of last report
I. Loan Insurance
4. Name and Address of Reporting, Entity:
S. If Reporting Entity in No. 4 is Subawardee. Enter Name
Q Prime DSubawardee
and Address of Prime:
Ttt6 Engineering, inc. Tier , if known
2305 Chicago Avenue
Riverside, CA 92507
Congressional District, if known:
Congressional District, if known:
6. Federal DepartmentfAgency:
7. Federal Program NamelDescription:
NOT APPLICABLE
CFDANumber,ifapplicable
8. Federal Action Number, if known:
9. Award Amount, if known:
$ -0-
10. Name and Address of Lobbying Entity
b. Individuals Performing Services (including address if
(!f individual, last name, first name, M!):
different from No. 10a)
(Last name, first name, Ml):
NOT APPLICABLE
11. Information requested through this form is authorized by Title
Signature:
31 U.S.C. Section 1362. This disclosure of lobbying activities is a
material representation of fact upon which reliance was placed by
Print Name: Michael P. Thornton
the tier above when this transaction was made or entered into,
This disclosure is required pursuant to 31 U.S.C. 1352. This
Title: President
information will be reported to the Congress semi- annually and will
be available for public inspection. Any person who fails to file the
957 -6 sO- 044 8 / 1 / 2 013
Telephone No.:__bate.
required disclosure shall be subject to a civil penalty of not less
_
than $10,000 and not more than $100,000 for each such failure.
'.
y;
Authorized for Local Reproduction
Standard corm -LLL (Rev. 7 -97)
Standard Form LLL Rev, 06 -04 -90
P:\PROJECTS\TEMESCAL CANYON ROAD \Request for Proposal Temescal Bridge 2009.doo
Page 60 of 72
LIST OF SUBCONSULTANTS
PROJECT NAME: Elm Street Improvements
PROJECT NO: 4385-2
CONSULTANT NAME: TKE Engineering, Inc.
NAME
TELEPHONE
ADDRESS
CITY, STATE ZIP
Duplicate this form as necessary to report all subconsultant(s)
1
Page 61 of 72
Certification for Contracts Grants Loans and Cooperative Agreements
(Federal Fiscal Year
I, hereby certify on behalf of
(Name and title of Grantee official)
The CitVof Lake Elsinore, that
(Name of Grantee)
IR
(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 of 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 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 than
$10,000 and not more than $100,000 for each such failure.
Executed this 1st of August 2013
By:
(Signatu o authorized official)
Terry Renner, Vice President
(Title of authorized official)
3
Page 62 of 72
EXHIBIT "C"
CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California
Executed on this 1st day of August 2013 at Riverside
California.
Consultant
PQ'
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QQ
o"\
Page 63 of 72
wwrw�ffl Zm NIU A OiLM11"T � � 1, 1
Page 64 of 72
For the satisfactory performance and completion of the Services under this agreement, the City
will pay the Consultant compensation as set forth herein. The total compensation for this
service shall not exceed ( INSERT WRITTEN DOLLAR AMOUNT ) ($ 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 . 7 0 , and is the sum of the following components:
1.1.2.1 Direct Salary Costs: 1.0
1.1.2.2 Payroll Additives 0.52
The decimal ratio of Payroll Additives to Direct Salary Costs. Payroll
Additives include all employee benefits, allowances for vacation, sick
leave, and holidays, and company portion 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 65 of 72
1.2 FIXED FEE
1.2.1 The fixed fee (Not to Exceed) is $ 8, 400 . 0 0
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 Safary 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.
pq
Page 66 of 72
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
$110.00
$110.00
$100.00
$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.
Purchase Order No.
Page 67 of 72
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.
0
Page 68 of 72
EXHIBIT "B"
SCHEDULE OF CHARGES
TKE Engineering, Inc.
Page 69 of 72
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Page 70 of 72
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Page 70 of 72
EXHIBIT "C"
INSURANCE REQUIREMENTS
TKE Engineering, Inc.
Page 71 of 72
'---_-_----_-`---_.--__� ' ......... -�'�'-�-_~_-..--__
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CERTIFICATE Of EXEMPTION FROM WORKERS COMPENSATION INSURANCE
|heby certify that in the performance nfd1evmorkforvvhiuhthioAgnaenaan1ioentened
into, | shall not employ any person in any manner 8nautn become subject tu the Workers'
Compensation Laws n[ the State ufCalifornia
Em:vUhsdunUhia lat day of August 2013 at Riverside
California. '
Consultant '
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Page 72 of 72