HomeMy WebLinkAbout14-379 Webb & Associates Agreement Approval for Storm Drain Master Plan & Impact Fee UpdateCITY OF
LADE LSIfiO E
L �
DREAM EXTREMEn
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES, CITY MANAGER
DATE: DECEMBER 9, 2014
SUBJECT: Approval of a Professional Services Agreement with Webb and
Associates for Preparation of a Storm Drain Master Plan and
Storm Drain Impact Fee Update
Recommendations
1. Staff recommends that the City Council approve the Professional Services
Agreement with Webb and Associates (WEBB) in the amount of $486,720 for
preparation of a Storm Drain Master Plan and Storm Drain Impact Fees (DIF)
Update for the City.
2. Staff recommends that the City Council approve the Professional Services
Agreement in substantially the form attached and authorize the City Manager to
execute the Professional Services Agreement in such final form as approved by
the City Attorney.
Background /Discussion
The existing Storm Drain Master Plan was approved and adopted by the City in 1990.
The fee schedule associated with the 1990 Storm Drain Master Plan was updated by
Harris and Associates in 2004. The 2004 update by Harris and Associates used the
same hydrology to size facilities in the 1990 Storm Drain Master Plan and incorporated
much of the information from the 1990 Storm Drain Master Plan.
Since the adoption of the 1990 Storm Drain Master Plan, the City has experienced
significant growth and development. In addition, the City has completed an update of
the General Plan in 2011 with resulting changes in land use designations that impact
the hydrology element of the Storm Drain Master Plan.
WEBB will be updating the hydrology and hydraulic elements of the Storm Drain Master
Plan and identifying the critical flood control and drainage infrastructure improvements
for the safe and orderly economic development of the community. WEBB is also
Agreement with Webb & Associates for Storm Drain Master Plan and Storm Drainage
and Storm Drain DIF Update
December 9, 2014
Page 2
focusing on lake nutrient reduction through watershed based Best Management
Practices (BMPs) to reduce nutrient loading and minimize negative impacts to the lake
water quality from current and future developments.
WEBB will prepare updated cost estimates for facilities and update drainage fee
schedules. The drainage fees update is crucial for implementing new drainage impact
fees for development.
Fiscal Impact
The Storm Drain Master Plan and Fees Update is included in the Fiscal Year 2014/2015
Capital Improvement Plan (CIP) budget and will be financed with Storm Drain DIF
funds.
Prepared by: Walter Allison, P.E.
City Engineer
Approved by: Vince Damasse, P.E.
Director of Public Works
Approved by: Grant M. Yates
City Manager
Attachments: Agreement with Webb & Associates
Agreement with Webb & Associates Exhibit A — Consultant's
Proposal Scope of Work
Agreement with Webb & Associates Exhibit B — Project Budget
Agreement with Webb & Associates Exhibit C — Schedule
Agreement with Webb & Associates Exhibit D — Fee Schedule
AGREEMENT FOR PROFESSIONAL SERVICES
Albert Webb and Associates
Storm Drain Master Plan
Project No. 120
This Agreement for Professional Services (the "Agreement ") is made and entered into as
of December 9, 2014, by and between the City of Lake Elsinore, a municipal corporation ( "City ")
and City of Lake Elsinore, a Albert Webb and Associates ( "Consultant ").
RECITALS
A. The City has determined that it requires the following professional services:
Preparation of Storm Drain Master Plan and Storm Drain Impact Fee Update
B. Consultant has submitted to City a proposal, dated October 20, 2014, attached
hereto as Exhibit A ( "Consultant's Proposal ") and incorporated herein, to provide professional
services to City pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform the services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this
Agreement. The time for completion of the professional services to be performed by Consultant
is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently
the professional services contemplated pursuant to this Agreement according to the agreed upon
performance schedule in Consultant's Proposal (Exhibit A).
b. Performance Schedule. Consultant shall commence the services pursuant
to this Agreement upon receipt of a written notice to proceed and shall perform all services within
the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by
Consultant, extensions to the time period(s) specified may be approved in writing by the City
Manager.
Albert Webb & Associates Professional Services Agmt 2014 Page 1
Term.
The term of this Agreement shall commence upon execution of this
Agreement and shall continue until the services and related work are completed in accordance
with the Consultant's Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance
with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and
incorporated herein by reference. In no event shall Consultant's compensation exceed Four
Hundred and Eighty -Six Thousand, Seven Hundred and Twenty dollars ($486,720) without
additional written authorization from the City. Notwithstanding any provision of Consultant's
Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost
without an inflator or administrative charge. 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. Contractor shall promptly submit billings to the City describing
the services and related work performed during the preceding month to the extent that such
services and related work were performed. Contractor's bills shall be segregated by project task,
if applicable, such that the City receives a separate accounting for work done on each individual
task for which Contractor provides services. Contractor'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 Contractor no later
than forty -five (45) days after receipt of the monthly invoice by City staff.
5. Reserved.
6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled "Method of Payment" herein.
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,
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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.
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
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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.
10. PERS Eligibility Indemnification. In the event that Consultant or any employee,
agent, or subcontractor of Consultant providing services under this Agreement claims or is
determined by a court of competent jurisdiction or the California Public Employees Retirement
System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and /or employer
contributions for PERS benefits on behalf of Consultant or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
Notwithstanding any other federal, state and local laws, codes, ordinances and
regulations to the contrary, Consultant and any of its employees, agents, and subcontractors
providing service under this Agreement shall not qualify for or become entitled to, and hereby
agree to waive any claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to
any contribution to be paid by City for employer contribution and /or employee contributions for
PERS benefits.
11. 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).)
12. 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
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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.
13. 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.
14. 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. Consultant shall maintain a City of Lake Elsinore business
license.
15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its
officials, officers, employees, agents, and volunteers from and against any and all losses, liability,
claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law
or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts
or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they
could be held strictly liable, or by the quality or character of their work. The foregoing obligation
of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of
law arises from the sole negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is
understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend
as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance
certificates and endorsements required under this Agreement does not relieve Consultant from
liability under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant
acknowledges and agrees to the provisions of this Section and that it is a material element of
consideration.
16. Insurance Requirements.
a. Insurance. Consultant, at Consultant's own cost and expense, shall
procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager,
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
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officers, agents, employees and volunteers for losses arising from work performed by
Consultant for City. In the event that Consultant is exempt from Worker's Compensation
Insurance and Employer's Liability Insurance for his /her employees in accordance with
the laws of the State of California, Consultant shall submit to the City a Certificate of
Exemption from Workers Compensation Insurance in a form approved by the City
Attorney.
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. Required commercial general liability coverage shall be at least as broad as
Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed.
11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be attached
limiting the coverage.
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.
Automobile liability coverage must be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 1 ( "any auto "). No endorsement may
be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance appropriate for Consultant's
profession for protection against claims alleging negligent acts, errors or omissions which
may arise from Consultant's services under this Agreement, whether such services are
provided by the Consultant or by its employees, subcontractors, or sub consultants. The
amount of this insurance shall not be less than one million dollars ($1,000,000) on a
claims -made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured 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.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City. At the City's option, Consultant shall
demonstrate financial capability for payment of such deductibles or self- insured retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with original endorsements to City as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the City on or before commencement of
performance of this Agreement. Current certification of insurance shall be kept on file with the
City at all times during the term of this Agreement.
17. 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
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Albert Webb Associates
Attn: Mr. Dilesh Sheth, PE, TE
Corporate Headquarters
3788 McCray Street
Riverside, CA 92506
18. 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.
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19. 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.
20. 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 B. 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 B 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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 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.
26. 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.
27. 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. The City Manager is authorized to enter
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into an amendment or otherwise take action on behalf of the City to make the following
modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non -
monetary changes in the scope of services; and /or (d) suspend or terminate the Agreement.
28. 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 therefrom.
29. 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.
30. Prevailing Wages. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8,
Section 16000, et seq., ( "Prevailing Wage Laws "), which require the payment of prevailing wage
rates and the performance of other requirements on "public works" and "maintenance" projects.
Consultant agrees to fully comply with all applicable federal and state labor laws (including,
without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in
connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear
all risks of payment or non - payment of prevailing wages under California law, and Consultant
hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees,
agents, and volunteers, free and harmless from any claim or liability arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive
termination of this Agreement.
31. 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.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
"CITY"
"CONSULTANT"
CITY OF LAKE ELSINORE, a municipal Albert Webb and Associates,
corporation
Grant Yates, City Manager By.
Its:
City Clerk
APPROVED AS TO FORM:
City Attorney
Attachments: Exhibit A — Consultant's Proposal
Exhibit B — List of Subcontractors
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LIST OF SUBCONTRACTORS
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SECTION 3 - SCOPE OF WORK
`BASK 'I « PROJECT MANAGEMENT
Project Meetings - WEBB will schedule and attend meetings
as follows:
a.
b.
c.
Kickoff Meeting - WEBB will coordinate a kickoff
meeting with the City. This meeting will establish
key analysis items, design parameters, milestone
schedule dates, critical issues for the project, and
lines of communication,
Coordination Meeting -- WEBB will schedule a meeting
with the Flood Control District and the City to
establish MDP hydrology study criteria, submittal,
review and approval responsibilities, protocals and
timeframe as well as other areas of concern.
Field Visit Meeting — Prior to conducting the. facility
reconnaissance, WEBB will meet with the City's
storm drain maintenance superintendent/ staff to
identify the existing deficient facilities, if any, and
areas of flooding with the site visit.
d. Project Development Team (PDT) Meetings -- Attend
monthly meetings with the City for project status
updates and to coordinate design related items.
We have budgeted for eight PDTs throughout the
duration of the project.
e. City Council /Stakeholders Meeting /Presentation -WEBB
will schedule, chair, and prepare meeting agendas
and minutes for all meetings. The agendas will be
submitted to the City for review two working days
before the meeting. The minutes will be distributed
to all attendees, everyone who was invited, and
the City within five working, days after the meeting.
The minutes shall include, but not be limited to,
a list of attendees with phone numbers and email
addresses, synopsis of discussion items, any
pertinent information, action items; and follow -up
to action items.
Project Schedule - WEBB will prepare the project schedule
utilizing Microsoft Project. WEBB will provide the schedule
to the City in both digital and hard copy. An updated
schedule will be provided during PDT Meetings.
The project schedule will be divided into tasks and
subtasks in detail including, but not limited to, City and
District function timeline, critical path, and milestones. The
schedule will indicate anticipated durations for all tasks.
Project Files - WEBB will assemble and maintain the
project files and documents throughout the project. The
project file will be kept in digital format, organized per
each depicted task and subtask. WEBB will upload the
project files to the City's Share Point periodically and at
project report delivery time.
TASK 2 - DATA GATHERING AND ASSESSMENT
Facility Reconnaissance - WEBB has reviewed the City's GIS
data base for existing storm drain facilities (storm drain
mainline with a diameter larger than 36 ") and District's GIS
data base for the existing West Elsinore MDP facilities.
An exhibit showing both facilities is attached with this
proposal. Even though some of the District facilities are
also depicted in the City's data base, such as portions
of West Elsinore MDP Lines C & C1, Four Corners Storm
Drain and Leach Canyon Channel, the estimated master
plan level drainage facilities are totaling more than
200,000 linear feet.
Considering the limited resources, budgets, and time,
WEBB proposes to focus our reconnaissance efforts on
the following:
• City owned and maintained facilities that may be
integrated, into the MDP
• Inlet and outlet structures that may be extended
• Problematic areas and systems identified by the City
staff during the field visit meeting
• Areas. where severe flooding has occurred or is
expected
• Drainage facilities with siltation, erosion sturctural
deterioration, and other impairments through field
observation
After field investigation and data collection, the information
will be organized and compiled for the next step analysis.
Any major concerns affecting public safety and lake
water quality will be reported to the City for immediate
corrective actions.
Assessment of Existing Data - WEBB will obtain "as- built"
storm drain plans, drainage studies, and available GIS
data from the City and District. The areas or systems
identified in the field with flood protection deficiency
will be the focus of the analysis. WEBB may perform
supplimental hydrologic and hydraulic studies to assess
the capacity of the existing facilities and recommend
mitigation measures.
Field Investigation Report — Using the results from the above
sub - tasks, WEBB will prepare the Field Investigation
Report to summarize the findings and recommendations.
This report will assist the City with the budget and
manpower allocations for the next fiscal year's drainage
facility maintenance and operation. This report will also
provide baseline information for the next phase of MDP
studies.
TASK 3 - DESIGN CRITERIA
Base Map and Watershed Deliniation - Based on the City GIS
contour layers and other existing infrastructure information
collected, WEBB will create a base map and delineate the
watersheds tributary to the study areas. WEBB will map
the connectivity of the existing drainage system according
to the existing topography, drainage patterns, and flow
direction. The watershed will be delineated utilizing GIS.
Land Use, hydrologic soil type, and rainfall values will
be geo- processed for each watershed. USGS and the
District topo maps may be used for filling in the gaps and
ridge lines beyond City limits and available City contours.
It is anticipated that the West Elsinore MDP boundary
will remain unchanged. After watershed deliniations,
WEBB will establish drainage districts tentatively and will
consult with the City for input, comments, and preliminary
approval at PDT meetings.
Design Criteria - WEBB will prepare a draft Memorandum
of Understanding (MOU) to outline hydrologic and
hydraulic design criteria, methodology; and approach for
alternative studies. Items such as acceptable hydrologic
and hydraulic analysis method, acceptable software,
design of debris basins, detention basins and regional
water quality basins, preference for concrete channel,
earth bottom channel and earth channel, freeboard
requirements, preliminary master plan storm drain plan
and profile scales etc., will all be outlined in the MOU. The
draft MOU will be circulated to the City and the District for
comments. A pre - design meeting will be scheduled with
the City, the District, and other stakeholders if identified,
to discuss and finalize the MOU. The final MOU will
ensure that all necessary parameters and methodologies
are agreed upon at the beginning of the project and will
help streamline the preparation and review of the MDP.
This document will also set forth direction for an orderly
and timely completion of the MDP studies.
TASK 4 - HYDROLOGY ANAYSIS
Hydrology Studies - After the completion of Task 3,
WEBB will perform a hydrology analysis for the defined
watersheds. It is anticipated that a Rational Method will
be used for the hydrology analysis of the small watershed.
For areas in excess of 300 to 500 acres, the Synthetic Unit
Hydrograph Method will be used. Land use determinations
will be based on the City's General Plan designations
and zoning maps. For the watersheds outside the City
limits,, the County of Riverside General Plan land use will
also be utilized for the ultimate developed conditions.
The proposed conveyance through the watershed will
be assumed as natural channel flow or pipe flow initially
based on land use.
Specific Plans Consistancy - Currently, there are
approximately 15 Specific Plans within the City limit.
These Specific Plans are in various stages of planning,
design, construction, and post construction. WEBB will
coordinate with the City, review, evaluate, and incorporate
these Specific Plans' land use, drainage studies, and
drainage facilities into the MDP, WEBB will communicate
with the City for any inconsistancies if found.
Debris/ Detention/ Retention Basins - Based upon the debris
loading, watershed size, and 1.00- yearstorm peak flow rate
and natural topographic features, WEBB will analyze the
need for and feasibility of the debris/ detention or retention.
basins. These basins can reduce the maintenance and.
construction cost of the MDP drainage facility and also
reduce the flooding hazards. For modeling of detention/
retention basins, a 100. year storm runoff hydrograph will
be calculated for routing purposes.
TASK 5 - MASTER PLAN FACILITY DEVELOPMENT
Alternative Development - Task G hydrology analysis will
produce the preliminary storm drain pipe size on a logical
alignment as the base model for alternatives. WEBB
will exam the alternative facility types and alignments;
right -of -way requirement, and cost benefit. Alternative
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analysis will be performed for all major facilities and
proposed basins.
Environmental Considerations - WEBB's Environmental
Analyst will review the design alternatives and provide
potential environmental concerns, constraints, existence
of the special status species, and jurisdictional permit
issues, based on the MSHCP cells and other available
geo spacial data and information.
Optimum Alternative Selections -The optimum alternative will
be selected based on the economic cost, environmental
considerations, and the engineering feasibility of each
alternative. Normal depth calculations will be used to
size the facilities if they are located upstream of existing
facilities. WSPG will be used to size facilities located
downstream of existing facilities. Additionally, WSPG will
be used to size all facilities in the preferred alternative.
WEBB will coordinate closely with the City in identifying
and the final selection of the MDP facilities.
Plan and Profile of the MDP Facilities - WEBB will prepare
a Master Plan level plan and profile for the Optimum
Alternative for open channels and storm drain pipe size
larger than 60" to ensure the constructability of the. MDP
facilities. The plan and profile sheets will also be utilized
for the cost estimate.
Preliminary Cost Estimate A cost estimate will be prepared
for each facility utilizing a District approved planning
cost sheet: The right -of -way cost will be added for the
open channels and basins. The estimated cost will be
summarized for each drainage district as the base fee for
Drainage Fee Schedule.
Update Cost.for.West Elsinore MDP - WEBB will also use the
District's. latest planning fee sheet to update the West
Elsinore MDP cost and ADP fees as directed by the City
and the District.
Water Quality Mitigation and Treatment - .Throughout the
alternative development process, WEBB will explore and
identify the opportunities for regional and Master Plan
level water quality management and treatment facilities
and BMPs to implement the Lake Elsinore Nutrient
Reduction Plan in addition to the non- structural BMPs.
WEBB shall consult with the City to incorporate the Water
Quality Management and Treatment Facilities into the
MDP and will assist the City in preparing maintenance
and operation budgets and schedules.
TASK 6 - PROJECT REPORTS & EXHIBITS
Draft MDP Report - After MDP optimum alternatives are
approved by the City and District, WEBB will compile all
relevant data from Tasks 2 through 5 into a Draft MDP
Report. The draft exhibits shall include the Drainage
District Boundary Map with Fee Schedules, Master
Drainage Plan Facility Map with existing and proposed
MDP facilities and 100 -year flowrate identified, and MDP
hydrology map. The draft MDP report will be submitted to
the City and District for review and comments.
Implementation and Prioritization Program - While the draft
report is being reviewed by the City and the District,
WEBB will coordinate with the City to develop a
prioritization program for MDP facilities. WEBB will also
help the City develop a generalized implementation plan
that will identify the implementing facilities necessary for
development in each of the drainage sub -areas and CIP
drainage projects within the City.
QA/QC and Final MDP Report - After receiving the comments
from the City and the District, WEBB will address the
comments, perform QA/QC and finalize the MDP report,
plan and profile plates, and exhibits. Three copies of the
final MDP Report with all the attachments and a digital
copy on a CD will be delivered to the City and the District.
GIS Data Layers - WEBB will refine hydrologic and hydraulic
data layers in a geo - database format compatible with the
City's GIS database. The MDP facility layer and Drainage
District boundary layer will enable the City to easily identify
the drainage impact fees, the size, type, and capacity of
the required drainage facilities for any new project within
the City limit utilizing the City's GIS system.
MDP Presentations- If requested by the City, WEBB will
prepare a power point presentation for the stakeholders,
City Council, and community outreach and present it
at scheduled events. The City may consider combining
the presentation with public education for reducing the
nutrients in urban runoff.
Project Closeout - At the completion of the project, WEBB
will compile all the relevant data, studies and backup
calculations and upload them to the City's designated file
system.
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APPENDIX C - FEE SCHEDULE
A L 0 g a T A.
FEE SCHEDULE
A16pCIATSs
RATES
ClAISlEL ��i ION
HOUR
hers /project Managers /Planners /Scientists/
sessmeni /Special Tax Consultants /Landscape Architects /Designers
Principal II
240.00
Principal1 ...................................................................................................... ...............................
220.00
SeniorIII ....................................................................................................... ...............................
200.00
SeniorII ........................................................................................................ ...............................
190.00
SeniorI ......................................................................................................... ...............................
180.00
AssociateIII .................................................................................................. ...............................
170.00
Associate11 ................................................................................................... ...............................
155.00
Associate: I .................................................................................................... ...............................
145.00
AssistantV .................................................................................................... ...............................
130.00
Assistant IV ....... '* ..................... ............. ............................... ....................... ...............................
120.00
AssistantIII ................................................................................................... ...............................
103.00
Assistant11 . .......................................... ..... ........ ...........................................................................
88.00
AssistantI ...................................................................................................... ...............................
73.00
Survey Services
2-Person Survey Party ............................................................ ...........I................... ...........
220.00
Ko1-
P6rson Survey Party ................................................................................... ...............................
160.00
KO
Inspection Services
Inspector (Non- Prevailing Wage) .................................................................. ...............................
110.00
inspector(Prevailing Wage) .................................................................................... ...............................
120.00
Kv
Administrative Services
ProjectCoordinator ...................................................................................... ...............................
90.00
K
Administrative Assistant III ...........................
I
Administrative Assistant Il ........................................................................... ...............................
70.00
Administrative Assistant I ........
55.00
Other Direct Expenses
KOIncidental
Charges ........................................................................................ ...............................
Cost +15%
Postage......................................................................................................... ..........I....................
Cost
SpecialConsultant ..... . .................... ......:................. ...............................................................................
325.00 /Hour
SubcontractedServices ........... ................ :...................................................... .............................
Cost + 15%
Survey /Inspection Per Diem ....... : ................................ .................................................................
100.00 /Day
Survey /Inspection Vehicle ........ ::. ......................................................... ........................................
0:81 /Mile
Mileage ..:.................. ...
0.72 /Mile
NOTE: All rates are subject to change based on annual inflation and cost of living adjustments.
*A FINANCE CHARGE of 1 % % per month (18% per year) will be added to any unpaid amount commencing thirty (30) days from invoice date. A
mechank's lien may ybe filed for any invoice remaining unpaid ofter thirty (30) days from invoice date.
Ke
SCH 38(07/01/2014)
. r, C1
ICY