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HomeMy WebLinkAboutID# 14-568 Sustainable Civil Engineering Solutions Agreement Provision of Landscape Plan Check & Inspection ServicesC;1 tY C)S- 1, . LAKE f - L51I` OFD E_ REPORT TO CITY COUNCIL TO: Honorable Mayor And Members of the City Council FROM: Grant Yates City Manager DATE: May 12, 2015 SUBJECT: Professional Services Agreement with Sustainable Civil Engineering Solutions (S -CES) for the Provision of Landscape Plan Check and Inspection Services Recommendation Authorize the City Manager to enter into a contract with Sustainable Civil Engineering Solutions (S -CES) to provide landscape plan check and inspection services to the City of Lake Elsinore for Fiscal Year 2015/2016. Background The City of Lake Elsinore has been utilizing consultant firms to assist with landscape plan check and inspection services for the Community Development Department for a number of years. Currently, Sustainable Civil Engineering Solutions, Inc. (S -CES) performs landscape plan check and on -site landscape and irrigation inspection services for all project submittals, under a three -year "Agreement for Professional Services" that was executed on May 8, 2012. Discussion On February 15, 2011, staff sent out a Request for Proposal (RFP) to solicit qualified consulting firms to provide landscape plan check and inspection services to the City. At that time S -CES was selected and on July 12, 2011 the City Council approved a three -year agreement with S -CES. A new three -year agreement with S -CES was approved by the City Council on May 8, 2012. This agreement was due to expire on May 8, 2015. The Community Development Department has been very satisfied with the services provided by S -CES and would like to extend its contract with the City for one more year. Since at the end of this one -year agreement, it will have been five years since the RFP CITY COUNCIL STAFF REPORT Landscape Plan Check /Inspection Consultant May 12, 2015 Page 2 of 2 process was completed. Therefore, staff will comply with Request for Proposal (RFP) procedures to solicit qualified consulting firms to provide landscape plan check and inspection services to the City beginning July 1, 2016, The Agreement for Professional Services with S -CES establishes a rate not to exceed 75% of the plan check and inspection amount collected for each project. Any plan check exceeding three reviews would be billed on a time and material basis. For those applicants that want their project "fast tracked," the project will be billed up to 1.5 times the normal rate. Based upon the amounts billed by S -CES for landscape plan check and inspection services over the three years of its current agreement with the City; the attached Agreement provides for a maximum of $85,000 compensation for the consultant during the 2015 -2016 fiscal year. Fiscal Impact The landscape plan check and inspection costs for S -CES services will be paid by fees collected from developers through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees. No General Fund budgets will be allocated or used for S -CES services. Prepared by: Richard MacHott, LEED Green Associate Planning Manager Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager Attachments: 1. Draft Consultant Service Contract 2. S -CES Statement of Qualifications AGREEMENT FOR PROFESSIONAL SERVICES Sustainable Civil Engineering Solutions, Inc. [Landscape Plan Check and Inspection] This Agreement for Professional Services (the "Agreement ") is made and entered into as of _, 2015, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Sustainable Civil Engineering Solutions, Inc., a California corporation ( "Consultant "). RECITALS A. The City has determined that it requires the following professional services: Landscape Plan Check and Inspection. B. Consultant has submitted to City a proposal, dated April 2015, 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. 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. Prof. Services Agmt - SCES Landscaping 5 -12 -15 Page 1 c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of one (1) year, commencing on May 8, 2015 and ending on June 30, 2016. Consultant hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a project task order by the City. Consultant acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through task order issued by the City. 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 Eighty - five thousand dollars ($85,000) 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 Page 2 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. 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. Page 3 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. 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 V,._ . 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 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 Page 5 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 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 Page 6 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. 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 Page 7 If to Consultant: Sustainable Civil Engineering Solutions, Inc. Attn: Ati Eskandari, P.E. 17777 Main Street, Suite G2 Irvine, CA 92614 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. 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. Page 8 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 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] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Consultant's Proposal "CONSULTANT" Sustainable Civil Engineering Solutions, Inc., a California corporation By: Its: Page 10 EXHIBIT A CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A x ? OW 771 \ y �® � � �1« MET \dm Landscape Inspection /Plan Check Services for the City of Lake Elsinore C®rnpany Profile Sustainable Civil Engineering Solutions (SCES) is a multi - disciplinary consulting firm with offices in Riverside & Orange County, specializing in serving governmental agencies and land development community. SCES was founded by Principal Ati Eskandari, P.E. with over 24 years of Public Works Project Management, Land Development, & Landscape District Formation /Maintenance experience. Her strong desire to provide focused quality consulting services prompted the firm's founding. SCES team members are all seasoned Local Agency Professionals with extensive knowledge of Local, State, and Federal Agency's project delivery processes, procedures, and design requirements. We understand the importance of Public support and pay extra attention to the Stakeholder's concerns /issues early on in the process to avoid Political, Financial and scheduling impact. Our team's hands on Project Management experience background having worked for Public Agencies enables us to provide true value engineering on every project. We engineer a big picture approach. Decades of private and public agency improvements give us the ability to provide innovative solutions to any large or small design challenges. SCES OBJECTIVE • Assembling a team of experts who can meet and exceed the project demands • Consistently devise cost effective, efficient, and environmentally friendly solutions by partnering with all of our stakeholders. • Building long -term client relationships • Providing exceptional client service by carefully listening to our clients concerns, understanding project demands, and delivering a tailored sustainable solution SCES PROJECT MANAGEMENT APPROACH Our principle philosophy of successful project management /delivery is achieved by assembling an experienced qualified team of professionals who are committed to meeting the challenges of any project. The SCES approach in delivering a successful project for our client begins with the development of a comprehensive management plan which takes into account Client's goals, budget, schedule, and quality control while effectively communicating with all stakeholders and partnering with all members of the team. Landscape Inspection /Plan Check Services for the City of Lake Elsinore SCES SERVICES SCES provides a comprehensive array of professional consulting services in: • Municipal Plan Check & Program Management • Project Management • Traffic Engineering • Construction Management & Inspection Services • Floodplain Management & Drainage Design • Storm Water Management • Governmental Liaison STAFFING LEVEL Working Principal - One (1) Traffic Engineer - Two (2) Landscape Architect - One (1) Landscape Construction Manager /Inspector —Two (2) Sr. Project Manager, P.E. —Three (3) Plan Check Engineer - Three (3) Public Works Construction Manager & Inspector -- Four (4) OFFICE LOCATIONS: 1. 200 S. Main Street, Suite 300 Corona, CA, 92881 Phone Number: (951)231 -2003 Fax Number: (951)346 -3007 2. 17777 Main Street, Suite G2 Irvine, CA, 92614 Phone Number: (949)221 -8669 Fax Number: (949)266 -9050 2 Landscape Inspection /Plan Check Services for the City of Lake Elsinore PROJECT UN ERSTA NINIG & SCOPE OF WORK We are pleased to be able to continue to assist the City of Lake Elsinore in Landscape design review and inspection Services. Our team is fully familiar with the City standards and has been working closely with staff and development community to ensure quality project delivery. Our team in -depth professional experience is at City's disposal and we will continue to strive to exceed City's performance expectation. Each team member brings over 20 -years of professional hands -on experience in design, plan check and project /construction management. The City of Lake Elsinore will have our full attention and we will work closely with the City Management team and staff in an effective and efficient manner. Our Public Agency background enables us to accomplish City's short -term and long -term objective by successfully delivering projects through working closely with the City staff, development community and proactively improve the existing processes and procedures to improve the department efficiency and customer service. With our proposed team support, expertise, and professional commitment, the Community Development Department would have our full attention, accomplishing City's goals and objective in a timely and proactive manner. Landscape Plan Check Services will be performed based on City's standards and project conditions of approval. SCES team with over 20 -years professional experience in landscape design, plan review and landscape maintenance will also be able to assist the City in updating plan submittal procedures, policies and standards to ensure consistency and service quality. Our approach in delivering a comprehensive and expedited plan review service will include: • Review and prepare necessary corments and /or conditions during the Development Review stage to insure compliance with the City's design requirements, consistency with the site condition, architecture and proposed grading. • Field visit to better identify any site plan discrepancy and /or constraint • Research and review any underlying plans, Soils Reports, Grading and /or improvement plans. • Prepare preliminary sets of landscape comments for Community Development Department program manager consideration. Discuss and clarify any design issues with the project planner prior to the DRC meeting. • Attend the scheduled Development Review Committee (DRC) meeting and present landscape comments to the applicant. • Review of construction plans and documents will be performed by our professional landscape architect, and coordinated with the City project planner and private developer within the specified turn - around time. • In order to minimize the number of plan check submittals, the initial plan check will identify and list all the required corrections clearly and concisely. In an event there are any questions or missing 3 Landscape Inspection /Plan Check Services for the City of Lake Elsinore documents, we will contact the developer's landscape architect in order to avoid unnecessary delays. Our experience has thought us that through strong communication and coordination, majority of projects can receive their approval by the second plan check submittal. Plan Check Delivery Procedure Upon completion of comprehensive Plan check review, a red -line plans and a summary of corrections will be delivered back to the City for distribution. We will adhere to the City turnaround time requirements and all plan check reviews will be completed on time, and will be expedited upon City's request. . .Landscape Inspection & Contract Administration Services will be performed by SCES team with over 20 -years of Landscape inspection, contract administration and landscape maintenance experience having administered over 600 -acres of landscape maintenance district areas for the City of Corona and currently inspecting all land development landscape projects for the City of Lake Elsinore & Laguna Niguel. SCES team will be able to continue to assist the City with any land development inspection needs, Landscape Capital Improvement Project's inspection, and any inspection of City's landscape maintenance district areas. SCES team can also assist the City with preparation of any landscape maintenance contracts and landscape contract performance assessment. SCES Landscape Inspection work plan will insure conformance with approved plans. Detail Landscape Inspection delivery will include: • Provide constant communication and coordination during the length of construction • Foster and maintain partnering with contractor and all stake holders • Represent the City's interest among contractor, subcontractors, outside agencies, & general Public • Monitor contractor's work progress, crew, material and equipment to ensure adequacy of assigned resources to meet project schedule, site safety, labor compliance • Coordinate any environmental compliance monitoring • Conduct coordination meetings with City staff, design engineer, contractor, utility companies, and other agencies as needed Landscape Inspection Services a. Provide field inspections to ensure work conformance with approval plans & specifications b. Provide detailed journal to the City project planner reporting the project status, issues, and recommended approach. c. Maintain detailed journal d. Inspect contractors SWPPP implementation and enforce full site compliance Project Close -out a. Coordinate & schedule project walk through, punch list completion, final As -Built b. Resolution to outstanding contractual issues, changes, claims, and reports c. Coordinate with the City for project acceptance d. Deliver bound and indexed project documentation We understand the importance of customer service, and Public project delivery demands, therefore, we would be working closely with City Staff and provide on -going communication, along with detail project check and /or inspection list to ensure the highest quality of service in a most efficient and effective manner. Landscape Inspection /Plan Check Services for the City of Lake Elsinore SCES team would also be available to assist the Community Development Department and other departments in the following tasks: • Review and Update Landscape Standard & Specification • Respond to questions or inquiries • Review and comment on any Specific Plan and/or master development + Attend Development Committee Meetings, Planning Commission, or Council Meetings as requested All the Plan Check Services will meet the City's turn - around time, and or expedited service as requested. The selected team members with their superior qualifications will enable the City to provide quality service in a most effective and efficient manner. 5 Landscape Inspection /Plan Check Services for the City of lake Elsinore Team Qualification Ati Eskandari, PE , QSD —Working Principal Ms. Eskandari brings 26 years of Public Works project delivery experience. As a working principal, she will be the main point of contact with the City and responsible for leading and coordinating the team effort to insure maximum quality and efficiency in delivery of projects for the City of Lake Elsinore. Past experience includes serving as an Interim Public Director for the City of Laguna Niguel, Lake Elsinore, City Engineer for the City of Pomona and Assistant Public Works Director for the City of Corona managing numerous capital improvement projects. Currently she is providing plan check services to City of Tustin, Lake Elsinore, Laguna Niguel Public Works Department and in the role of project manager for various regional significant projects. Her design, plan check and project /construction management experience enables her to implement Value Engineering early on through the design process. Mr. Steven Sanhamel, Landscape Architect, Mr. Sanhamel brings over 20 years of expertise in all aspect of landscape /irrigation design, plan review, construction cost estimation, and project management. Steve will continue to be the main point of contact with the Community Development and Public Works Department staff with respect to the Landscape Plan Check, DRC meeting attendance, day -to -day questions, and assistance. Steve will act as an extension of staff and provide necessary internal and external plan coordination to insure successful and timely project delivery. He is fully familiar with the local agency and state mandates with respect to the plant material selection criteria best suited for the area, implementation of irrigation systems and plant materials to address water conservation regulations. Mr.Timothy Brown, Certified Arborist, Landscape Inspection & Contract Administration Mr. Brown brings over 24 years of expertise in all aspect of landscape and hardscape construction, operation and long -term maintenance having managed the City of Corona Master Planned Landscape Districts and Parks from 1990 to 2010 in an increasing level of responsibilities. Tim will continue to provide site inspections and coordination of all City's landscape construction inspection and assisting Steve and the City in providing plan review and respond to any questions related to plant & irrigation selection criteria and effectiveness. Tim's in -depth understanding of local agency long -term maintenance issues, sustainable design methods and construction implementation is a great resource for the City of Lake Elsinore to insure successful project delivery. Patrick Hamamoto — Certified Arborist, Landscape Inspection & Contract Administration Mr. Patrick Hamamoto has over 24 years of experience in the landscape construction and maintenance field. This experience includes expertise in all aspects of plant selection, establishment and management including drought tolerant landscape and irrigation construction, landscape inspections, plan checking services and cost estimating. Patrick's hands on experience having worked on the City of Corona's landscape districts, urban forestry, and park improvements has been extremely beneficial on any project delivery. He is a certified Arborist mostly familiar with the tree selection and establishment in the area. Patrick has been instrumental in updating City of Laguna Niguel Design Standards, Landscape Maintenance Contracts, and managing the Construction of $10M Landscape Median Capital Improvement project for the City of Laguna Niguel. Patrick will continue to be available to the City of Lake Elsinore for landscape inspection services. 6 Landscape Inspection /Plan Check Services for the City of Lake Elsinore The team members are available at moment notice, and will be able to perform the assigned projects efficiently as an extension of staff. As reflected in the team qualification summary, Sustainable Civil Engineering Solutions has assembled a highly qualified team of staff committed to provide high quality Landscape Plan Review and Inspection services to the City of Lake Elsinore in an effort to meet and exceed any project demand. The organization chart below reflects the key members of the project team. CITY OF LAKE ELSINORE Community Development Department CONTRACT COMPLIANCE QUALITY CONTROL, Ati Eskandari, P.E., Principal PRINCIPAL PROJECT MANAGER LANDSCAPE PLAN REVIEW PROJECT COORDINATION Steve Sanhamel, Landscape Architect SITE INSPECTION SERVICES Tim Brown, Certified Arborist Patrick Hamamoto, Certified Arborist CONTRACT ADMINISTRATION/ SUPPORT STAFF Landscape Inspection /Plan Check Services for the City of Lake Elsinore Grand Avenue & Machado Street Landscape /Irrigation Renovation Client: City of Lake Elsinore Point of Contact: Mr. Rick De Santiago Contact Phone Number: 951 - 674 -5170 This project entailed landscape and irrigation deficiency assessment, design of new irrigation system and plant replacement to address the lack of water pressure in the area, and construction oversight by the SCES team of certified Landscape Irrigation Auditors and Arborists. The project was completed on March 2014. 4 FY 2010 — Current City of Lake Elsinore Landscape Design Plan Check and Site Inspection Client: City of Lake Elsinore, Community Development Department Point of Contact: Mr. Grant Taylor, Community Development Director Contact Phone Number: 951 - 674 -3124, Ext: 270 SCES Landscape Professionals have been providing Landscape Plan Check review and Landscape Site Inspection services for all Land Development Projects in the City of Lake Elsinore. FY 2015 - Current Runoff Elimination Program For Crown Valley Parkway Medians Client: City of Laguna Niguel Point of Contact: Mr. Frank Borges Contact Phone Number: (949) 362 -4325 This project required landscape and irrigation oversight /inspection, by the SCES team, of 14 foot wide medians on Crown Valley Parkway, which extends for approximately 5 miles across the City. This project addressed replacing antiquated irrigation dating back to the 1970's with smart controllers, low flow irrigation heads, and irrigation pumps. The all turf medians were replaced with drought tolerant shrubs and trees. Sustainable Civil Engineering Solutions proposed rate schedule for On -Call Landscape and inspection Plan Check Services is fully loaded and is good until July2016. Any future rate adjustment based on cost of living increases will be reviewed with the City and would only become effective upon mutual agreement. The following lump sum fixed rate for plan check of following plan categories includes review of applicable supporting technical studies. The proposed fee is for up to three (3) plan reviews and one (1) Final Mylar review for approval. Plan Check Category Rate Schedule Landscape Plan Check 75% of City Collected Plan Check Fee Specific Plan Landscape Review Time & Material ( Subject to City Approval) Master Planned Landscape Review Time & Material ( Subject to City Landscape Inspection _Approval) 75% of City Collected Plan Check Fee DRC Meeting Attendance /Conceptual Review Time & Material (Subject to City Approval) Note: Any subsequent Plan Review over three (3) plan check will be billed on time & material basis, as shown on our Schedule of hourly rate below. 'Fast Track' projects will be billed up to 1.5 times those rate shown above, and /or based on mutually agreed amount with the City. Classification Hourly Rate Princi al Engineer $145.00 Landsca e Architect $120.00 Landscape Inspector $95.00 Contract Administrator $55.00 Delivery Charges Cost Contract Compliance - Sustainable Civil Engineering Solutions, SCES, will comply with all City's contract requirements. Landscape Inspection /Plan Check Services for the City of Lake Elsinore 1A Landscape Inspection /Plan Check Services for the City of Lake Elsinore Steven T. Sanhamel — Registered Landscape Architect Mr. Steven Sanhamel has over 20 years of professional experience in the landscape architectural field. This experience includes expertise in all aspects of landscape architecture and management including landscape and irrigation design, construction, construction observation, landscape inspections, plan checking services and cost estimating. He is passionate about quality control and client satisfaction and has a record of improving staff efficiency, productivity and profitability through process improvement while being detail- oriented, articulate and approachable. Mr. Sanhamel is also proficient in AutoCAD, Microsoft Office, PowerPoint, Deltek Management Software and Land FX. Relevant Projects and Project Management Experience City of Laguna Niguel — 2014 to Current Responsible for review and approval of Land Development Landscape & Irrigation plans. City of Lake Elsinore — 2011 to Current Steve has been in- charge of landscape plan check review for all land development projects in the City of Lake Elsinore, working closely with the Community Development Staff members. Lake Elsinore Outlets Renovation Client: Castle & Cooke Development - 2006 As a consultant landscape architect oversaw design development, construction drawing preparation and construction of this multi - faceted commercial landscape renovation project designed to improve the aesthetics and functionality of the shopping area. The project involved intense coordination of development phasing to ensure that existing businesses were not adversely affected by the construction process. In addition, worked closely with property management and marketing staff to implement design strategies to address their issues in areas such as accessibility, seating and circulation. The full project was designed and installed in four months and met the requirement of being operational for the December holiday shopping season. Solera @ Apple Valley Client: Pulte Homes -- 2007 -2008 Solera at Apple Valley is a senior active golf course community located within the largest master planned community in Apple Valley, CA. The project site for the master planned community expansion encompassed an area of approximately 450 acres of land on the east bank of the Mojave River. The project consisted of two distinct residential neighborhoods. Within these neighborhoods BMLA designed and prepared construction drawings for HOA streetscapes providing links between the neighborhoods, two recreational clubhouses including pools and recreational amenities such as tennis and bocce ball, a fire station and numerous enhanced entries and associated entry monuments. Steve served as designer and manager of the project and worked with the owner to ensure consistency with the established design vision. He attended regular meetings with the project team during the plan preparation process, oversaw the preparation of construction budget estimates and attended site construction meetings to ensure successful project implementation. 15 Landscape Inspection /Plan Check Services for the City of Lake Elsinore EMWD Waste Reclamation Facility Client: Eater Municipal Water District - 2008 As a consultant landscape architect worked directly with the Eastern Municipal Water District to analyze their existing site conditions to provide solutions to address their desire to reduce water consumption on the site. Steve facilitated and recommended the design concepts to accomplish this including incorporating drought tolerant landscape adaptable to the high salinity and alkalinity of the reclaimed water, replacing the turf with different low water use alternatives and upgrading their irrigation system to utilize new technology to provide water savings. He oversaw the implementation of these concepts into the construction completion. Upon completion of this project, an estimated 70% water savings was accomplished over the previous installation. Relevant Plan Check and Landscape Inspection Experience • Responsible for performing landscape inspections for the City of Corona Planning and Parks Department — 2001 to 2008 • Provided plan check services for the City's of Corona and Santa Maria while working at BMLA Inc. - 2005 to 2008 • Provided landscape design reviews for Hillcrest Homeowners Association to ensure compliance with association landscape standards — 2010 to present Credentials: California Registered Landscape Architect #4352 Continuing Education - PSMJ- Project Management Bootcamp, 2005 Bachelor of Science, Landscape Architecture, Cal Poly Pomona, 1993 16 Landscape Inspection /Plan Check Services for the City of Lake Elsinore Timothy A. Brown — Landscape Inspector Mr. Tim Brown has over 24 years experience in the landscape construction and maintenance field. This experience includes expertise in all aspects of plant selection, establishment and management including drought tolerant landscape and irrigation construction, landscape inspections, plan checking services and cost estimating. Tim's hands on experience having worked on establishing majority of City of Corona's landscape districts and park improvements would be extremely beneficial on any project delivery. He is a certified Arborist mostly familiar with the plant selection and establishment in the area. He was instrumental in updating the City of Corona's landscape design guidelines, and approved list of parkway street trees. City of Lake Elsinore Landscape & Irrigation Inspection — 2011 to Current Mr. Tim Brown has been inspecting all related land development landscape and irrigation projects on behalf of the City of Lake Elsinore. Park and Landscape Operations Manager — City of Corona 2002 -2010 Management position responsible for administration of the Park Development Division, Urban Forestry Division, Contract Management Division and Park Maintenance Division consisting of 37 full -time employees with a total annual operating budget of $9 million and a CIP budget of $4.5 million. Preparation of reports for City Council, Council Committees, Parks and Recreation Commission and serve as Department staff representative at Committee and Commission meetings. Evaluate the effectiveness of work programs. Work with consultants and staff to create and implement policies and procedures to improve areas of program weakness. Responsible for the development of park maintenance and park development standards. Provide project and construction management for intradepartmental and interdepartmental improvement projects. Responsible for the maintenance and operation of all park and recreational facilities. Deputy Incident Commander for Corona Airport flood of 2005. Landscape Resources Manager — City of Corona 1996 -2002 Division Head responsible for the administration of the Contract Management and Urban Forestry Divisions. Responsible for preparing and managing annual operating budgets of $4 million and 10 full - time employees. Preparation of reports for City Council, Parks and Recreation Commission and serve as Department staff representative at Ad Hoc and Commission meetings. Responsible for maintenance of 55,000 city trees and implementing a citywide street tree database and management system. Responsible for the plan check, construction and maintenance of 250 acres of city -owned slopes, medians, and parkways, Responsible for implementing a streetscape master landscape plan for South Corona. Responsible for the development of City tree maintenance standards and specifications. Landscape Contract Supervisor — City of Corona 1990 -1996 Responsible for the development and administration of the Landscape Contract Management Program, which was labeled as a "benchmark" program in the 1997 David M. Griffin and Associates departmental audit. Preparation of reports for City Council and the Department. Assisted in the development of the 17 Landscape Inspection /Plan Check Services for the City of Labe Elsinore 1992 LIVID Design Guidelines which defines the design standards and installation means and methods for all city landscape projects. Responsible for developing landscape maintenance contract specifications and the preparation and issuance of contract documents. Responsible for training and supervising the landscape construction and maintenance inspection staff of 6 full -time employees. EDUCATION Bachelor of Science in Ornamental Horticulture - California State Polytechnic University, Pomona Associate of Science in Horticulture - Riverside Community College Minimum of 20 hours of continuing education annually to maintain state licenses and professional certifications since 1987. LICENSES California Pest Control Adviser License# PCA 70050 Certified Arborist License# WC -5725 California Qualified Applicator Certificate License# QAC 95469 im Landscape Inspection /Plan Check Services for the City of Lake Elsinore Patrick Hamamoto — Landscape Inspection Mr. Patrick Hamamoto has over 24 years of experience in the landscape construction and maintenance field. This experience includes expertise in all aspects of plant selection, establishment and management including drought tolerant landscape and irrigation construction, landscape inspections, plan checking services and cost estimating. Patrick's hands on experience having worked on the City of Corona's landscape districts, urban forestry, and park improvements would be extremely beneficial on any project delivery. He is a certified Arborist mostly familiar with the tree selection and establishment in the area. Patrick was instrumental in updating the City of Corona's landscape maintenance, urban forestry, and parks contracts. He was responsible for developing and implementing a master landscape maintenance plan for the City. Patrick is presently Chair on the Parks and Recreation Commission for the City of Chino Hills. Landscape Inspection Services — 2014 to Current Pat has been assisting the City of Laguna Niguel with inspection of Capital Improvement Landscaping projects, and overseeing City's Park maintenance contracts. Landscape Inspection Services — 2013 to Current Pat has been in- charge of construction oversight and providing landscape inspection services for all land development projects in the City of Lake Elsinore while working closely with the Community Development staff members and development Community. Chair -Parks and Recreation Commission -City of Chino Hills 2009 - Present Advises the City Council on all matters pertaining to acquisition, development, and maintenance of public parks, recreational facilities, and open space. Reviews and advise the City Council regarding the financing of and budgeting for such functions for park and recreation services. Advises the City Council on matters such as trail development, maintenance, and expansion, coordination, and development of organized sports, wildlife, preservations, and coordination with the State Parks Department. Assist's in the acquisition, development, beautification, and maintenance of Parks and Recreation facilities in the City as part of a sound Master Plan in keeping with community needs and future growth. Landscape Contracts Manager — City of Corona 2002 -2013 Division Head responsible for the administration of the Contract Management for Landscape Maintenance Districts, Parks, and Urban Forestry Divisions. Responsible for preparing and managing annual operating budgets of $5 million and 9 full -time employees. Preparation of reports for City Council, Parks and Recreation Commission and serve as Department staff representative at Ad Hoc and Commission meetings. Responsible for maintenance of 70,000 city trees and updating a citywide street tree database and management system. Responsible for the plan check and construction inspection of city -owned slopes, medians, parkways and parks. Responsible for implementing a master landscape maintenance contract plan for the City. Landscape Construction Inspector — City of Corona 2000 -2002 Under supervision, oversaw the construction and maintenance work performed by contract personnel and inspect installation, maintenance, Maintenance Acceptance and Tract Acceptance of right -of -way, greenbelts, LIVID, CFD, and other forested areas. Responsible for capital improvement and landscape development projects. Exercise direct supervision over contract labor providing construction and landscape maintenance services. Establish, review and implement developer construction inspection accounts. Issues Certificate of Occupancy and monitor, inspect, and release Construction Bonds for the Parks and Recreation Department. Inspect, evaluate, and tabulate all newly planted trees in capital 19 Landscape Inspection /Plan Check Services for the City of Lake Elsinore improvement and landscape development projects. Perform general construction and site improvement specifications and plan check reviews. Bachelor of Science in Business Management /Hotel, Restaurant, California State Polytechnic University, Pomona Associate of Science in Horticulture — Mount San Antonio College Minimum of 20 hours of continuing education annually to maintain certifications since 1989. CERTIFICATION Certified Arborist California Qualified Applicator Certificate Certified Landscape Irrigation Auditor Fravel Management Program - state licenses and professional License# WE -8835A License# 84040 License # 53312 20