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HomeMy WebLinkAboutID# 15-666 Agreement for Third Street Drainage Design ServicesCITY 0r^ LADE LSINOP E `u DREAM EXTREMEM REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M YATES CITY MANAGER DATE: JULY 14, 2015 SUBJECT: Award Agreement for Professional Services for Third Street Drainage Design Services Recommendations 1. Award Agreement for Professional Services to Michael Baker International Company for the Design of the Third Street Drainage Improvement project. 2. Approve and authorize the City Manager to execute the Agreement in the amount of $180,016 to Michael Baker International Company, in substantially the form attached and in such final form as approved by the City Attorney. Background The Third Street watershed, located east of Interstate 15, was the subject of a focused drainage study to evaluate the impacts of proposed developments in the area. A subsequent hydrology analysis and preliminary design of the preferred storm drain plan alternative were finalized in May 2015. Discussion On June 16, 2015, engineering staff received three design proposals to provide Plans, Specifications, and Estimates (PS &E) from pre - qualified professional Civil Engineering firms. In accordance with the Request for Proposal, Michael Baker International Company was selected based on the following criterion: project understanding, deliverable plan, resource allocation, and deliverable schedule. Professional Services Agreement — Thirds Street Drainage Design July 14, 2015 Page 2 The PS &E scope of work shall include the following: Survey and Mapping Utility Research & Coordination Hydrology & Hydraulics Construction Phase Support Geotechnical Investigation Right -of -way Construction Drawings & Permits Plan Checks Construction is expected to begin in the spring of 2016 following approval of plan documents. Fiscal Impact This project is included in the adopted FY 2015 -2019 Capital Improvement Program budget and will be financed by funds designated for flood control improvements. Prepared by: Mia Beltran Management Analyst Approved by: Jim Smith Interim Public Works Director Approved by: Jason Simpson Administrative Services Director Approved by: Grant Yates City Manager Attachments: Professional Services Agreement Michael Baker International Company Proposal AGREEMENT FOR PROFESSIONAL SERVICES MICHAEL BAKER INTERNATIONAL COMPANY Third Street Drainage Improvements, Project No. 4296 PS &E Design Services This Agreement for Professional Services (the "Agreement ") is made and entered into as of July 14, 2015, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Michael Baker International Company, a California Corporation ( "Consultant "). RECITALS The City has determined that it requires the following professional services: Third Street Drainage Design. The scope of service includes: 100% PS &E, Survey and Mapping Utility Research & Coordination, Geotechnical Investigation Right -of -way, Hydrology & Hydraulics Construction Phase Support, Construction Drawings & Permit Plan Checks. A. Consultant has submitted to City a proposal, dated June 30, 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. B. 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. C. 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. PSA with Michael Baker 3rd St Drainage Page 1 C. 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 ONE HUNDRED EIGHTY THOUSAND SIXTEEN DOLLARS ($180,016) 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. 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. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. i.•- 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. 7. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City Page 3 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. 8. possesses no authority with Independent City decision beyond rendition of information, advice, Contractor. (FPPC Reg. 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. 9. 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. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his /her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance Insurance. with expense, shall Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of and to the extent of Consultant's negligence or other wrongful conduct in the performance of this agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out the sole negligence, active negligence or willful misconduct of the City, its officers, agents, employees or volunteers 15. Insurance Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from 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 Page 5 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 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 Page 5 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. V. 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. 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. V. 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. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Michael Baker International Attn: Mr, John Tanner III, PE 40810 County Center Dr., Suite 1000 Temecula, CA 92591 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit 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 Page 7 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. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21, Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Aqreement. 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. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. 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. 30. 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. 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: lerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A - Consultant's Proposal Exhibit B - Subcontractors Listed "CONSULTANT" Michael Baker International, a Corporation John D. Tanner III, PE Vice President Page 10 EXHIBIT A SCOPE OF SERVICES & FEE SCHEDULE EXHIBIT A I I hK[ C n U1�C SCOPE OF WORK TASK 1 PROJECT KICKOFF MEETING 3rd Street Drainage Improvements The project manager and key support staff will attend meetings with the City to update the City on progress. A kickoff meeting will be held with the City to review the scope of services and schedule. Two (2) progress meetings will be held with the City. In addition to the progress meetings, the Consultant's team will attend one (1) City Council meeting, if required. TASK 2 RESEARCH AND INVESTIGATION Consultant shall complete research and investigation of existing and future constraints and opportunities affecting the Project Site, including the following: • Research and investigation of existing and proposed major utilities within the Project Site. • Identification of requirements, jurisdictional agencies, and utility districts involved relative to the Project. • Review of existing improvement plans affecting the Project including, street and storm drain. • Plot existing utilities on the basemap in Autocad, as described in a later task, herein. A total of twenty hours (20) have been budgeted for this task. Additional research and investigation services will be performed, if required, on an hourly basis for an additional fee. TASK 3 AERIAL TOPOGRAPHIC MAPPING Consultant shall prepare an Aerial Topographic Map of the project site, at a scale of V =40', with one foot contour intervals. The work shall include: Preparation of a flight plan and layout of ground control targets; • Field surveying services to set ground control panels and survey their precise positions on the appropriate coordinate system basis; • Aerial photogrammetric services; • Compilation of plannimetric and topographic features from controlled stereo pair photographs to digital medium, • Perform field survey check profile observations and office analysis of said observations to check ground truth of the compiled map within accepted standards. TASK 4 RECORD DATA MAP PREPARATION In order to include and plot the record position of the project boundary in approximate orientation with a specific coordinate system, compiled aerial topographic base data or other overlay features, Consultant shall perform the following tasks: Perform research of the available public records via on -line services to obtain maps and other items that affect the boundary location of the property; Prepare a preliminary record data map to be used by the field survey crew to search for a sampling of boundary monuments; Perform a field survey of said monuments in order to establish orientation of the record survey data in relation to the coordinate system used in the topographic mapping, I N T E N N A 7 1 0 N A L Proposal Engineering Services s Page 1 u L! %tl3 LSIIYOI�I 31" Street Drainage Improvements • Plot the record boundary lines on the aerial base map, with the understanding of the City that said record boundary is NOT the result of a comprehensive boundary survey and analysis, and that it's orientation may disagree substantially from the position determined by a full boundary survey and analysis; • The budget for this scope of work is based upon an assumption that adequate and accessible boundary monumentation exists in the immediate project vicinity to control this record data survey. Any cost associated with the preparation and processing of a Record of Survey Map, if one becomes necessary as a legal requirement, shall be covered by the City. TASK 5 ADDITIONAL FIELD SURVEYING Consultant shall perform a field survey of the project site to facilitate engineering design. The workflow is as follows: • Perform the following: Field survey to locate items affecting design; office downloading, reduction and quality control of the digital survey data; and data conversion to CAD data base and mapping for integration with engineering design base plans; • Archive survey field notes. The location of the following ground surface and /or visible underground items is the primary target of this survey: • Existing storm drain system; • Water meters; • Manholes; • Electrical and other above ground dry utility items; • Sewer cleanouts (if any); • Driveways; • Other items affecting design that are not shown on the aerial topographic base map due to dense vegetation. The following items are specifically not required and not included in this survey: • Street cross section's; • Item outside of the public street easement right -of -way. TASK 6 GEOTECHNICAL INVESTIGATION Consultant has included Petra on the project team to perform a geotechnical investigation of the project site to facilitate engineering design. The workflow is as follows: • Collect and review readily available literature and maps pertaining to soil and geologic conditions within and adjacent to the site. • Review plans and project specifications made available to Consultant /Petra at the time of our investigation. • Drill 7 exploratory borings, between 15 and 25 feet below ground surface. All borings will be drilled utilizing a standard, tract - mounted, hollow -stem auger drilling rig having the appropriate depth and sampling capabilities. Borings will be backfilled with excavated soils. I N T E R N A T 1 0 N A L Proposal Engineering Seivices • Page 2 taiU:Ci.sitaot 3rd Street Drainage Improvements • Log and field - classify soil materials encountered in each boring in accordance with the visual - manual procedures outlined in the Unified Soil Classification System and the ASTM D 2488 -90. All field activities will be performed by or under the direct observation of a State of California Certified Engineering Geologist. • Collect representative bulk and undisturbed soil samples for laboratory analysis. Undisturbed samples will be retrieved at 2- to 5 -foot depth intervals utilizing a modified - California split -spoon sampler. Perform appropriate laboratory analysis on soil samples which may include the following: in -situ and maximum dry density; in -situ and optimum moisture content; Atterberg limits; expansion potential; direct shear, soluble sulfate and chloride content; and general soil corrosivity (pH and minimum resistivity). • Perform geologic and engineering analysis on data collected. • Prepare a geotechnical report presenting the results of our evaluation and recommendations for the proposed pipeline in general conformance with the 2013 California Building Code (CBC) and in accordance with applicable state and local jurisdictional requirements. In general, the geotechnical report is expected to include the following information: • A description of site conditions and geotechnical factors that may influence site development. • A summary of subsurface conditions as encountered during our field exploration. • A geotechnical map depicting the locations of our exploratory investigation points. Logs of the exploratory borings. • A description of laboratory test procedures and test results. • Site preparation, grading and ground modification requirements. • A preliminary discussion regarding temporary excavation stability and sidewall stabilization requirements (as necessary). • Acceptability of site soils for use as fill and backfill. • Presence of groundwater and its potential adverse impact on the site development. A preliminary assessment of soil corrosivity and adverse effects on concrete and buried metallic objects. TASK 7 OFF-SITE HYDROLOGY STUDY REVIEW Consultant shall review the Drainage Study prepared by the Client's previous engineer to verify the calculated flow- rates. Said drainage study was not approved, however it did receive one round of comments from Riverside County Flood Control District (RCFCD). Consultant shall review the assumptions made and determine if the results appear to be adequate. If it is determined that additional detail or analysis is required, Consultant shall prepare the necessary revisions and provide a supplemental document to the original study, which shall be used as the basis for the Hydrology and Hydraulic Design Report described below. TASK 8 HYDROLOGY AND HYDRAULIC DESIGN REPORT Consultant shall prepare a Hydrology and Hydraulic Design Report for the mainline storm drain, which will be subsequent to the Off -Site Hydrology Study prepared by the city's previous engineer and described above. The hydrology analysis and report for the local watershed shall use the rational method as outlined in the Riverside County Hydrology Manual. The storm drain system I N T E N N A T 1 0 N A L Proposal Engineering Seivices • Page 3 CIO 5 04 �_ I..NKi: Cp LStI'f01_l_ 311 Street Drainage Improvements shall be designed such that the 100 -year peak flows are fully contained in the system. Consultant shall perform the necessary catch basin hydrology and street capacity calculations to determine if additional catch basin or inlet locations are required to flood - protect adjacent properties. Inlet structures shall be located within the public right of way and shall be designed according to City /County standards. All inlets shall be designed to capture their 100 -year tributary drainage area flows and convey the storm flows to the mainline through connector pipes. A water surface profile reflecting the various junctions and transitions will be prepared to verify the storm drain design and size /capacity. Friction losses shall be calculated by an accepted form of the Manning's equation. Hydraulic calculations using WSPG shall be performed by Consultant to model the proposed storm drain to establish the controlling water surface elevation for the design. Consultant shall document analyses and design with calculation sheets or computerized hydrology /hydraulic analyses using City /District approved software. All process information and results shall be presented in a Hydrology and Hydraulics Report and presented to the City for review. TASK 9 UTILITY COORDINATION Consultant shall coordinate with the utility company contacts regarding the proposed storm drain improvement impacts to their facilities. This will include the consultant providing reference plans to the utility companies /agencies for planning their relocation activities. The utility company will be responsible for relocation plan preparation and the City will be responsible for negotiating cost responsibilities with the utility company. Consultant will transmit initial and final plans to the affected utility companies requesting them to contact the City to coordinate any adjustments and relocations. Consultant will copy the City on all correspondence. If required, Consultant will hire a Dry Utility Consultant who will be responsible for coordinating technical design issues with the utility company, review utility relocation agreements to provide input and comment from a technical design standpoint, and assisting in schedule management between the City and utility company as it relates to the overall design schedule. This is executed, if required, for an additional fee. All new dry utility facilities will be designed by the dry utility agencies or companies as a part of the overall dry utility coordination and design process. Dry utility companies (including any fuel and oil lines) will perform design work with their own farces in preparing final utility relocation plans. In addition, it has been assumed that the utility companies will be responsible for preparation of legal descriptions and exhibits for any interim utility relocations requiring temporary easements. No preparation of legal descriptions and exhibits for new or revised utility easements is assumed for this task. All utility appurtenance relocation and adjustment work will be coordinated with the dry utility companies, and all utility appurtenance relocation and adjustment work will be constructed by the specific utility company's work forces. All costs for utility appurtenance relocation and adjustment work will be paid by the City as a direct bill from the utility company. A budget of 24 hours has been budgeted for this task. L rr 01 TASK 10 STORM DRAIN PLANS 3f Street Drainage Improvements Consultant shall design and prepare Storm Drain Improvement Plans for the Flood Control Facilities associated with the Project Site as shown in the RFP and associated preliminary 3rd Street Storm Drain Plans. Plans shall be prepared in accordance with the requirements and criteria of the City of Lake Elsinore and RCFCD. Scope covers the design of approximately 3,200 LF of 36" to 84" RCP, approximately 500 LF of open channel, two (2) headwall and wing wall structures and tunneling details for the storm drain to cross under the 1 -15 freeway, including bore pit details. Any engineering services related to preparation of additional improvement plans for offsite storm drain extensions, pump stations, structural details, curb and gutter improvements, interim basin grading at inlets, or other major facilities are not anticipated to be required and therefore, not included within this scope. TASK 11 STRUCTURAL CALCULATIONS — HEADWALLS / WINGWALLS Consultant shall provide civil and structural engineering services related to the preparation of structural details for the support of the proposed storm drain headwalls and /or wingwalls, if required. Calculations and details shall be prepared in accordance with the minimum allowable values provided by CBC 2013. A total of two (2) details are anticipated for this scope of work. TASK 12 MANIFOLD DESIGN (IF REQUIRED) If required, Consultant shall prepare the necessary hydraulic calculations and structural design for a manifold structure, which can be used to transition from the proposed cylindrical pipe to a box, or parallel pipe system at the crossing under 1 -15. This task may not be required if the conventional pipe is able to be continued through a tunneling procedure under the freeway. TASK 13 TECHNICAL SPECIFICATIONS Consultant shall develop technical specifications as special provisions in conformance with City's format. This scope of work shall include the preparation of the technical specifications as referenced to the latest edition of the "Greenbook" Standard Specifications for Public Works Construction. TASK 14 ENGINEER'S COST ESTIMATES Consultant will prepare a final estimate of construction quantities and costs based upon the approved final drawings utilizing the current edition of the Caltrans Contract Cost Data book and recent construction bid information. The specific construction items will be verified with contractors and up -to -date construction management cost data to account for current cost increases and material cost trends. The final detailed engineer's estimate of the project costs will be structured per City's format. Consultant makes no representations concerning the estimated quantities and cost figures made in connection with maps, plans, specifications, or drawings other than that all such figures are estimates only, and Consultant shall not be responsible for fluctuations in cost factors. I N T E R N A T I O N A L Proposal Engineering Services s Page 5 - -- nnn tz[_�i_sutoi�c 311 Street Drainage Improvements TASK 15 PLANS SPECIFICATIONS AND ESTIMATE SUBMITTAL Consultant shall process the completed plans for the purpose of securing approvals and permits. The plans will be submitted at the 60 %, 90 %, and the 100% level. TASK 16 PLAN CHECK REVISIONS /APPROVALS /LOCAL AGENCY PERMITS Consultant shall process the completed plans for the purpose of securing appropriate approvals and permits from the City, Caltrans, OSHA and RCFCD, as required. Submittals to agencies shall include all plans and required backup data for review. Consultant shall receive written comments from all participating agencies and review with City. Consultant shall draft a response to all agency comments at one time. Consultant will then meet collectively with all participating agencies to resolve outstanding issues relative to agency comments. Consultantwill then prepare final dispositions for each review comment for submittal to the Agencies. Consultant will make revisions to PS &E documents following plan check for second plan check submittal and provide final revised quantity take -offs and cost estimates. When revisions have been made, Consultant will obtain signatures and provide the requested number of stamped plans to the City. TASK 17 PROJECT COORDINATION & MEETING ATTENDANCE Consultant shall attend regularly scheduled meetings with City and Government Agencies to review the progress of the work included within this contract and to provide consulting services. A maximum of 40 hours are included within this Scope of Work. Additional meetings and consulting services will be performed, if required, on an hourly basis for an additional fee. TASK 18 CONSTRUCTION PHASE SUPPORT SERVICES Consultant shall provide support to the Client or his representatives as directed during the construction phase of the project. Scope includes response to Requests for Information (RFI's), attendance in normal meetings and coordination efforts with various agency representatives related to the successful completion of the project's construction. A total of forty (40) hours have been budgeted for this task. Scope does not include the preparation of additional exhibits, plans or as- builts, which are not described within this scope of work. Additional exhibits can be prepared, if requested, under a separate contract, for an additional fee. TASK 19 REIMBURSABLES Consultant shall, in order to perform the previously discussed tasks, incur reimbursable expenses such as printing, reproductions, messenger services, facsimiles and other project- specific out -of- pocket expenses necessary to achieve preparation and processing of the previously discussed task. Additional Services: Services which are not specifically identified herein as services to be performed by Consultant or its consultants are considered "Additional Services" for purposes of this Agreement. City may request that Consultant perform services which are Additional CIiY )Cd .�+ PIUnN I' ?TFPu 311 Street Drainage Improvements Services. However, Consultant is not obligated to perform such Additional Services unless an amendment to this Agreement has been fully executed setting forth the scope, schedule and fee for such Additional Services. In the event Consultant performs Additional Services before receipt of such executed amendment, City acknowledges its obligation to pay for such services at Consultant's standard rates, within 30 days of receipt of Consultant's invoice. Assumptions: • Consultant can rely on existing plans and documents made available by the City and other agencies and utility companies, without independent verification. • Traffic Control Plans for construction will be submitted by the Contractor. Traffic control plans can be provided upon the City's request for a separate scope and fee. • Sufficient right -of -way exists for the proposed storm drain alignment and no additional right -of -way or easements will be required. Exclusions: Sufficient right -of -way exists for the proposed storm drain alignment and no additional right -of- way or easements will be required. Consulting services relating to any of the following tasks may be completed by Consultant if negotiated under a separate contract for an additional fee; but are presently specifically excluded from this agreement: • Street Improvement Plans/Widening; • Design for areas outside limit of work; • Final Survey Monuments; • Construction Staking; • NOI /SWPPP; • WQMP; • Traffic Control Plans; • Environmental documentation /processing; • Hazardous wastes, • Potholing; • QSP Services; • Construction Management; • Settlement Monitoring (Caltrans) • As -Built Plans • Any other services not specifically set forth in the above Scope of Services Client Responsibilities: City shall provide access to the site. I N T E R N A T 1 0 N A L Proposal Engineering Services • Page 7 cn , Lil_�<I cot's I IY01I; ,, x111.,, 311 Street Drainage Improvements • City to provide any and all indemnification, abatement, disposal or other actions required by local, state or federal law regarding hazardous materials. • City shall pay all governmental fees and costs. I N T E R N A T I O N A L Proposal Engineering Seivires •Page 8 CIIV OI L isir{oiZ> COMPENSATION 31R Street Drainage Improvements Consultant shall complete the work outlined above in accordance with the fee schedule identified below and shall invoice City on a monthly basis based on the percentage of completion. ITEM FEE TASK 1 Project Kickoff Meeting .............. ............................... .........................$5,844 TASK2 Research and Investigation.. ......................... ...................................... 4,879 TASK 3 Aerial Topographic Mapping .................................... ............................ 6,460 TASK4 Record Data Map Preparation ..... ............................... ..........................4,320 TASK5 Additional Field Surveying ........... ............................... ..........................3,660 TASK 6 Geotechnical Investigation .............................................................. ...10,560 TASK 7 Off -Site Hydrology Study Review .................................. ....................... 9,150 TASK 8 Hydrology and Hydraulic Design Report ................... .........................18,472 TASK9 Utility Coordination ....................... ...................................... .................. 4,070 TASK10 Storm Drain Plans... ............................................................. ............. 50,242 TASK 11 Structural Calculations — Headwalls / Wingwalls ................... ............ ...8,512 TASK 12 Manifold Design (If Required) ................................ ............................... 6,847 TASK13 Technical Specifications ............... ........................................................ 8,188 TASK14 Engineer's Cost Estimates .......... ............................... ..........................4,112 TASK 15 Plans, Specifications, and Estimate Submittal ........................... ........... 3,936 TASK 16 Plan Check Revisions /Approvals /Local Agency Permits ............... ..... 14,684 TASK 17 * Project Coordination & Meeting Attendance ........ ................................. 7,040 TASK 18 Construction Phase Support Services ............. ..................................... 7,040 TASK19 Reimbursables ........ ................... . ......................................................... 2,000 TOTAL AMOUNT $180,016.00 A The budget amount shown is for authorization purposes only. Should the total of the monthly billings reach eighty percent (80 %) of the budget amount, City and Consultant will I N T E R N A T 1 0 N A L Proposal Engineering Seivices • Page 9 n m LAKE G }LSIIYOI�I„ +ni.v.i uhur�+. 3r1 Street Drainage Improvements review the status of the work to determine the need for an increase in the budget amount, and whether additional budget authorization to complete the project is appropriate. Progress billings will be forwarded to the City on a monthly basis. These billings will include the fees earned for the billing period plus all direct costs advanced by Consultant. City requiring copies of original receipts for expenses in addition to itemized expenses as shown on monthly invoice will incur an additional 15% administrative handling surcharge included on the monthly invoice. The City shall make every reasonable effort to review invoices within fifteen (15) working days from the date of receipt of the invoices and notify Consultant in writing of any particular item that is alleged to be incorrect. The fees proposed herein shall apply until December 31, 2015. Due to ever - changing costs, Consultant may increase those portions of the contract fee for which work must still be completed after December 31, 2015 by ten percent (10 %). Page 1 INTERNATIONAL Proposal Engineering Services .Page 10