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HomeMy WebLinkAboutID# 15-762 Amendment No.1 Albert A. Webb AssociatesCITY OF LADE LSTNORJE IiXTREMI:,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: SEPTEMBER 22, 2015 SUBJECT: Amendment No. 1 to the Professional Services Agreement with Albert A. Webb Associates Recommendations 1. Award Amendment No. 1 to the Agreement for Professional Services with Albert A. Webb Associates for on -call traffic engineering services and authorize the City Manager to execute the Agreement in the not to exceed amount of $163,680, in substantially the form attached and in such final form as approved by the City Attorney. 2. Authorize the City Manager to allocate an additional $16,320 for services as requested by the City in writing. 3. Appropriate $61,320 from unencumbered Gas Tax Funds to supplement funding programmed in the capital budget.. Background The City utilizes contract traffic engineering services in support of traffic operations, development review, and CIP project engineering support. On August 261 2014 the City contracted Albert A Webb (Webb) to provide these services. The agreement provided annual compensation in the amount of $1805000. Historically, approximately 70% of the cost of traffic engineering services has been paid through developer deposits and funded CIP project budgets. The remaining 30% of the cost of services have been funded by Gas Tax and the General Fund. Discussion Amendment No. 1 extends consultant traffic engineering services through June 301 2016. Over the last year Webb has provided much - needed traffic engineering project management, traffic development review, and guidance and Amendment No. 1 to PSA — Albert A Webb Associates September 22, 2015 Page 2 coordination on traffic - related operations and maintenance issues. The Public Works Department has been satisfied with Webb's services and recommends the City Council approve the extension. Fiscal Impact A combination of adopted FY 2016 -2020 CIP project budgets, developer deposits, and Gas Tax funds will support the traffic engineering services as proposed in this Amendment No. 1. In order to award Amendment No. 1, an additional appropriation of $61,320 from unencumbered Gas Tax Funds to account 110.9999.5201 is requested. Prepared by: Mia Beltran Management Analyst Approved by: Jim Smith, P.E. Interim Director of Public Works Approved by: Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Attachment A - Amendment No. 1 to PSA ATTACHMENT A AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES Albert A. Webb Associates Traffic Engineering Services This Amendment No. 1 to Agreement for Professional Services ( "Amendment No. 1 ") is made and entered into as of August 26, 2015 by and between the City of Lake Elsinore, a municipal corporation ( "City), and Albert A. Webb Associates ( "Consultant "), RECITALS A. The City and Consultant have entered into that certain Agreement for Non - Professional Services dated as of August 26, 2014 (the "Original Agreement "). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed One Hundred Eighty Thousand dollars ($180,000), for a term of one year. C. The parties now desire to extend and amend the term for services as set forth in this Amendment No 1. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 2, time of Performance, of the Original Agreement is hereby amended to add the following: Unless earlier terminated as provided elsewhere in the Original Agreement, this Agreement shall continue in full force and effect until June 30, 2016. The City may, at its sole discretion, extend the term of this Agreement, on an annual basis not to exceed one (1) additional renewal by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. 2. Section 3, Compensation, of the Original Agreement is hereby amended to add the following: Notwithstanding the foregoing, for purposes of Amendment No. 1 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant's July 29, 2015 and August 18, 2015 Proposals (referenced collectively as Exhibit A -1 Amendment No. 1). In no event shall Consultant's compensation for on -call traffic engineering services exceed One Hundred Sixty Three Thousand Six Hundred Eighty Dollars ($163,680) without additional written authorization from the City. In no event shall Consultant's compensation for additional as- needed services exceed Sixteen Thousand Three Hundred Twenty Dollars ($16,320) 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 -1 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. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "CONSULTANT" Albert A. Webb Associates, a California Corporation Dilesh R. Sheth, Vice President Attachments: Exhibit A -1 — Consultant's Proposal Exhibit B — Original Agreement EXHIBIT A -1 CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A -1 A L B E R T A. A S S O C I A T E S Corporate Headquarters 3788 McCmy Street Riverside, CA 92506 951.686.1070 Palm Desert Office 36 -951 Cook Street #103 Palm Desert, CA 92211 760.568.5005 Murrieta Office 41391 Una Street 4320 Murrieta, CA 92562 951.6861070 EXHIBIT A -1 August 18, 2015 Mr. Jim Smith Consultant/Public Works Director City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 RE: Proposal to Provide On Call Traffic Engineering Service for Fiscal Year 2015- 16 and to Perform Engineering and Traffic Survey to Establish Speed Limits Dear Jim: Albert A. Webb Associates is submitting this proposal to provide on -call traffic engineering services for fiscal Year 2015 -16 and to perform engineering traffic study to establish speed limits for 60 roadway segments within the City. Exhibit "A" contains our proposed scope of work. Exhibit "B" contains a summary of our fee proposal for services described in Exhibit "A ". We appreciate the opportunity to be of service and look forward to hearing from you. In the meantime, if you have any questions or require additional information, please call me at (951) 686 -1070. Sincerely, Albert A. Webb Associates Dilesh R. Sheth, P.E./T.E. Vice President Attachments: Exhibit "A" - Scope of Work Exhibit "B" - Personnel and Compensation wwmwe b bassoci a tes.cont Exhibit "A" - Scope of Work Task A - On -call Traffic Engineering Services WEBB will provide on -call consultant traffic engineering services. Our scope of services is as follows: 1. Provide plan check services for traffic signal and signing & striping plans. 2. Review traffic control plans for work within the City right of way and provide assistance with the Encroachment Permit. 3. Process service requests including field reviews, research, analysis, and correspondence with requestors. 4. Collect counts, perform speed survey, and prepare analysis on an as needed basis. 5. Respond to public requests for information regarding the projects and attend community outreach meetings as required. 6. Obtain and research crash data for last five years. Identify high crash data intersections and roadway segments. Review crash data and select high priority intersections and roadway segments. Apply for grants and schedule it for the upcoming year Capital Improvement Program. 7. Research for grant opportunities. Apply for HSIP and ATP grants. 8. Oversee traffic operation (signal operation and maintenance, signing & striping and markings). 9. Check and revise traffic signal and traffic signal system timing plans. 10. Oversee City's long range Transportation Model. Maintain or coordinate with consultant to maintain and update the Transportation Model. 11. Perform field survey, provide utility research, provide coordination with utility companies for relocation, provide coordination with SCE for traffic signal service connection, and prepare traffic signal and other transportation related projects. 12. As a City Traffic Engineer, advise the City regarding traffic related matters. 13. Present reports and provide recommendations to the Planning Commission and City Council. 14. Prepare staff report for the Public Safety Advisory Commission (PSAC) meetings. Attend PSAC meetings. 15. Prepare traffic signal design, signal timing sheets, coordination of signal timing, and traffic signal operation troubleshooting. 16. Review traffic impact studies and prepare conditions of approval for the development projects. 17. Provide construction support services on City Projects. 18. Provide coordination with the County of Riverside, RCTC, WRCOG, Caltrans, adjacent Cities, and law enforcement agencies. Task B — Speed Survey WEBB will perform engineering and traffic survey to establish speed limits on over 60 roadway segments within the city 1. Conduct radar speed surveys on roadway segments listed in the table below. Speed surveys shall be done during non -peak hours to acquire free -flow speed. 2. Obtain collision report. 3. Prepare average collision rate per million vehicle miles of travel for roadways. 4. Perform field review for pedestrian and bicycle activities. 5. Prepare a cumulative speed distribution curve. 6. Prepare a speed zone survey sheet. 7. Prepare Speed Survey Evaluation Report in compliance with the California Vehicle Code and California MUTCD. 8. Prepare draft report for the City Council Meeting. 9. Attend City Council Meetings (2). 12 Franklin Street Main St. to Conklin Ave. 13 Franklin Street --Fr- — .. - -Street - - --- -- Conklin Ave. to Rodeo Grounds 14 -- - anklin - - - - - - - -- Rodeo Grounds to Avenue 6 15 16 Graham Avenue Graham Avenue - - -.. Lakeshore Dr. to Lindsay St Lindsay St. to Main St. 17 Grand Avenue _ Lakeshore Dr. to Lincoln St 18 19 Grand Avenue Gunnerson Street _ Lincoln St. to Audelo St. Riverside Dr. to Ulmer St 20 Gunnerson Street Ulmer St to Lakeshore Dr. 21 Heald Avenue Chaney St. to Main St. 22 Lake Street _ Mountain St. to Lakeshore Dr. 23 24 Lakeshore Drive — Lakeshore Drive Grand Ave. to Terra Cotta Rd. Terra Cotta Rd. to Machado St. 25 Lakeshore Drive Riverside Dr. to Chaney St. 26 Lakeshore Drive_ - Chaney St. to Graham St. 27 Lakeshore Drive Main St. to Diamond Dr. 28 Limited Avenue Lakeshore Dr. to Main St. 29 Lincoln Street _ Machado St. to Riverside Dr. 30 Machado Street Lakeshore Dr. to Lincoln St. 31 Machado Street Lincoln St. to Alvarado St. 32 Main Street _ Camino del Norte to Heald Ave. 33 Nichols Road Lake St to 1 -15 34 Pottery Street _ Chaney St. to Lewis St. 35 Spring Street _ Collier Ave. to Sumner Ave. 36 Spring Street Sumner Ave. to Graham Ave _ 37 Spring Street Graham Ave. to Lakeshore Dr. 38 Strickland Avenue Chaney St. to Riverside Dr. 39 Summerhill Drive Corte Serviui to Railroad Canyon Rd 40 Sumner Ave. Main St. to Chaney St. 41 Alberhill Ranch Road Lake St to Nichols Rd 42 _ Broadway Street Lincoln St. to Grand Ave. 43 Joy Street _ _ Riverside Dr. to Machado St. 44 — Lakeshore Drive -__._-.. - - -- - -- Graham St. to 500' E/O Poe St. 45 - Lakeshore Drive - - - - -- -- 500' W/O Poe St. to Main St. 46 Lost Road Can on Hills Rd. to South City Limit 47 Orange Grove Way Palm View to Lake St. 48 Rosetta Canyon Drive SR -74 to Suns rite Street 49 Via Scenica Bella Vista to Summerhill Dr �nir ,n � ,.., .�. Exhibit "B "- Personnel and Compensation Services described in our Scope of Work (Exhibit "A ") shall be provided on a time and material basis as shown below: We have estimated approximately $20,560 in effort per month for six month period based on above estimated hours. On Call Traffic Engineering Services (6month) $123,360 _ Total .:• A L B E R T A. _A 5 5 6 C I A T E S Corporate Headquarters 3788 McCray Street Riverside, CA 92506 951.686.1070 Palm Desert Office 36.951 Cook Street #103 Palm Desert, CA 92211 760.568.5005 Murrieta Office 41391 Kalmia Street 4320 Murdeta, CA 92562 951.686..1070 July 29, 2015 Mr. Jim Smith Consultant/Public Works Director City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 RE: Proposal to Provide Traffic Engineering Service for Rosetta Bike Lanes Striping Dear Jim: Albert A. Webb Associates is submitting this proposal to provide traffic engineering services for Rosetta Bike Lane Striping Exhibit "A" contains our proposed scope of work. Exhibit "B" contains a summary of our fee proposal for services described in Exhibit "A ". We appreciate the opportunity to be of service and look forward to hearing from you. In the meantime, if you have any questions or require additional information, please call me at (951) 686 -1070. Sincerely, Albert A. Webb Associates Dilesh R. Sheth, P.E./T.E. Vice President Attachments: Exhibit "A" - Scope of Work Exhibit "B" - Personnel and Compensation r. r , Exhibit "A" - Scope of Work WEBB will provide traffic engineering services for Rosetta Bike Lane Striping. Our scope of services is as follows: 1. Coordinate with the City staffs for the scopes and limit of striping. 2. Review existing street plans, signing of d striping plans and data collection 3. Conduct field investigation for site conditions, school and park traffic 4. Prepare base map for striping plans 5. Prepare signing and striping plans for Rosetta Bike Lane 6. Prepare signing and striping plans for Ardenwood Drive Bike Lane 7. Prepare engineer's quantities and cost estimate 8. QA/QC of project plans and cost 9. Prepare bid package 10. Provide construction phase support Exhibit "B" - Compensation Services described in our Scope of Work (Exhibit A) shall be provided on a time and material basis. We have estimated approximately $16,000 in effort to complete the tasks. EXHIBIT B ORIGINAL AGREEMENT [ATTACHED] Mcn 3n AGREEMENT FOR PROFESSIONAL SERVICES ALBERT A. WEBB ASSOCIATES INC This Agreement for Professional Services (the "Agreement ") is made and entered into as of the 26th day of August, 2014, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and Albert A. Webb Associates Inc a ( "Consultant "). RECITALS A. City desires to retain Consultant to perform desires to provide such in this Agreement. fig services in the work as set forth 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. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of one year. Professional services as described in Exhibit A may be extended at the discretion of the City on an annual basis for a total of up to three (3) years. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $_ 180.000 without additional written authorization from the City. Expenses set forth in Exhibit B shall be reimbursed at cost without an inflator or administrative charge; provided however that approved sub consultants listed in Exhibit D may be billed at cost plus 10 %. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. Page 1 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. 6, Termination. This Agreement maybe terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. .2 b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in- interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which Page 3 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 with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 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 the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his /her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California Page 4 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 complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or 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. R. 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. ill. 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. Page 5 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. 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: Vince Damasse 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Albert A. Webb Associates Attn: Mr. Dilesh Sheth, PE, TE Corporate Headquarters 3788 McCray Street Riverside, CA 92506 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the .- . express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue, This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS /ENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term Page 7 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: / e Title7 APPROVED • FORM: CONSULTANT: By. 0 `�G Or4O% Printed Name; ZV4k.V 9&FTH Title: YfcP_ RgeSloawT Business License # 013696 ATT ST: City le Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers' Compensation Insurance Exhibit D — List of Subcontractors . • :1 SCOPE OF WORK Project Understanding: The City of Lake Elsinore is currently seeking a professional engineering firm to provide on -call engineering services. These engineering services include project management of Capital Improvement Projects, interchange improvement projects, traffic and transportation projects, respond to citizens' complaints, assist the City with funding, provide coordination with Caltrans, RCTC, WRCOG, and the County of Riverside projects, review development of and identify any traffic deficiencles and develop a funding program. WEBB has extensive experience providing on -call engineering services to local agencies. WEBB provides on -call traffic engineering services to the County of Riverside Transportation Department, City of Mumeta, City of Riverside, City of Grand Terrace, and Canyon Lake Property Owners Association. These services include all of the services describe above. Our team is committed to provide the hands -on leadership the City needs throughout the duration of the contract, Including Mr. Dilesh Shoth, PE, TE as Project Manager, Ms. Susan Vombaur, PE, Ms, Lin Mcaffrey, PE, Mr. Nicholas Lowe, Ms. Grace Cheng, and Mr. Myung Choo, PE, TE. Grace has extensive experience and knowledge In working for local agencies. Scope of Serviees:. WEBB will provide the following services on an as needed basis: • Assist the City with Capital improvement Projects. • Assist the City with Interchange improvement projects. + Provide coordination with the City, Caltrans, ROTC, WRCOG, County of Riverside, and adjacent Cities, and law enforcement agencies In analyzing traffic related Issues and mitigation. • Assist the City with funding and grant applications. • Identify existing transportation deficiencies and develop funding program. • Review the development project and its impact. Assist the City with conditions of approval. Meet with the project applicant and developers as requested by the Public Works Director and City Engineer. • Perform field survey, provide utility research, provide coordination with utility companies for relocation. • Advise the City regarding traffic related matters. • Oversee the consulting maintenance contractor who provides monitoring and maintenance of the traffic signals. • Prepare and present engineering reports related to school traffic, pedestrian patterns, traffic control devices, and signing & striping plans. • Present reports and provide recommendations to the Planning Commission and City Council. • Prepare traffic signal design, signal timing sheets, coordination of signal timing, and traffic signal operation troubleshooting. Section 1; Scope of Work 1 1 FIRM OVERVIEW WEBB has consistently provided civil engineering, traffic engineering, planning services, and construction services to public and private sector clients throughout southern California since 1945. We have the in -house expertise to address the needs of cities, water and special districts, counties, regional agencies, municipal finance agencies, residential developers, commerciaUindustrial developers, and our partner firms within the Industry. WEBB offers a broad range of services to meet the objectives of our clients which includes project development, planning, design, entitlement, funding, permitting, construction management, inspection ongoing maintenance, and operation. Proven Client Service Our clients reap the benefits of our team's approach to client service. We encourage calling upon our references to truly understand the commitment we all make to each of our clients and their projects. WEBB's reputation for superior quality work, Integrity, and long- standing client relationships is a direct result of our industry proven capabilities and experience. We are proud of the name WEBB, as it has become synonymous with experience and customer service. WEBB understands the expectations and assumed responsibility that our clients require of Its consultants. We provide complete and comprehensive service, while helping our clients to reach their goals for each project. Our goal is to ensure that our clients exceed the expectations of all constituents with a vested interest In each project. We understand that our work and actions impact the public's perception of our clients. We have established an extensive in -house Quality Assurance /Quality Control Program that all project managers must conform to for all of our projects. This program is overseen by our Chlef Design Engineer, who continually monitors the compliance with our in -house QA/QC Program. Our team utilizes WEBB's detailed approach to quality assurance and quality control. It demands that our principal leaders rigorously scrutinize every critical aspect of a project. We conduct QA/QC reviews at key project milestones, Final approval at 100% is achieved only after the associate responsible for each portion of the project signs off on our internal QA/QC approved document, known as the "Zero Sheet ", prior to submittal to the client. QA / QC PROCESS Kickoff Meeting to Establish Clear Assignments & Stakeholder Expectations PEER Review COMPLETED PROJECT Senior Level.Quality Checks Zero Sheet & Checklist Utilization Section 2. Firm Overview 1 2 EXHIBIT "B" SCHEDULE OF CHARGES Page 10 As you can see, WEBB is very excited to have the opportunity to work with the City to provide on -call traffic engineering services. We are committed to providing the highest quality assistance possible to the City and look forward to the opportunity to discuss our proposal and answer any questions you might have. I can be reached at (951) 686 -1070. We will provide engineering servicos at the following rate: Dilesh Sheth Susan Vombaur Lin McCaffrey Grace Chong Nicholas Lowe Project Coordinator $125 $125 $125 $100 $100 $80 We will provide engineering services at an average rate of $109 par hour. 'thank you very much for considering us to be part of your team. Sincerely, :e?'"'"' "'s Brian Knoll, PI= Vice President Albert A. Webb Associates A L e a R T A. Corporate Headquarters Palm Desert Office Murrieta Office p 3786 McCray Street 36 -951 Cook Street 4103 41391 Kalmia Street #320 Riverside, CA 92506 Palm Desert, CA 92211 Murrieta, CA 92562 A$ s 0 c I A T E s T. 951.686.1070 T 760.568.5005 T. 951.686.1070 EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California. Executed on this day of ,20_ at California. Consultant Not - A)FI oa blU Attachment — Page 11