HomeMy WebLinkAboutID# 15-809 Amendment No.4 P.S.A. with Sustainable Civil Engineering ServicesCITY OF
LADE LSII1OKE
DREAM EXTREME,
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: NOVEMBER 10, 2015
SUBJECT: Amendment No. 4 to Professional Services Agreement with
Sustainable Civil Engineering Services
Recommendation
Staff recommends the City Council:
Approve and authorize the City Manager to execute Amendment No. 4 to
Sustainable Civil Engineering Solutions (SCES) PSA for Plan Check and
Project Management/Coordination Services, in an amount of $200,000 for
a not to exceed three (3) year Contract total amount of $760,000 in
substantially the form attached and in such final form as approved by the
City Attorney.
Background
On June 27, 2013, the City entered into a Professional Services Agreement (PSA) in
an amount not to exceed $300,000 with SCES for engineering plan check services.
The term of the PSA is for a period of three (3) years, subject to annual review by the
City Council. On May 27, 2014, the amended PSA was to allocate an additional
$260,000 for project management services, for a total contract amount of $560,000.
This amendment #4 in the amount of $200,000 will bring the total authorized services
to $760,000.
Discussion
We are requesting additional funds in the amount of $200,000 for plan check services
and some anticipated transportation project tasks. This will allow us to cover the
remainder of the contract for plan check services for the current fiscal year. Ms.
Eskandari, Principal of SCES, provides The PSA with SCES establishes a rate not to
Amendment No. 4 to Professional Services Agreement with Sustainable Civil
Engineering Services
November 10, 2015
Page 2
exceed 75% of the plan check and inspection amount collected for each project,
revisions to approved plans are billed at 80% of the fee collected by the City. For those
applicants that want their project "fast tracked," the project will be billed up to 1.5 times
the normal rate.
Fiscal Impact
The additional $200,000 for Amendment #4 will increase the remaining balance amount
of $38,015.7 to $238,015.70 for FY2015 -16 as noted for those items in the following
table:
Approved by: Jason Simpson
Director of Administrative Services
Approved by: Grant M. Yates
City Manager
Attachments: Attachment A — Amendment No. 4 to Sustainable Civil Engineering
Services PSA
ADJUSTED PO:
Revised PO:
P0: FY16 -00482 -Item Description
FY16 -00482
FY16 -00482
AMOUNT
AMENDMENT #4
AMOUNT
1 -15 /RR CANYON ULTIMATE - #227
$ 10,000.00
$ 45,350.00
$ 55,350.00
TEMESCAL CANYON BRIDGE - #4344
10,000.00
17,000.00
27,000.00
PLAN CHECK SERVICES
6,205.70
137,650.00
143,855.70
PROJECT MANAGEMENT (WRCOG /RCTC)
11,810.00
-
11,810.00
TOTALS
$ 38,015.70
$ 200,000.00
$ 238,015.70
Approved by: Jason Simpson
Director of Administrative Services
Approved by: Grant M. Yates
City Manager
Attachments: Attachment A — Amendment No. 4 to Sustainable Civil Engineering
Services PSA
AMENDMENT NO. 4
TO AGREEMENT FOR PROFESSIONAL SERVICES
Sustainable Civil Engineering Solutions, Inc.
Engineering Plan Check and Project Management Services
This Amendment No. 4 to Agreement for Professional Services ( "Amendment No. 4 ") is
made and entered into as of November 10, 2015 by and between the City of Lake Elsinore, a
municipal corporation ( "City), and Sustainable Civil Engineering Solutions Inc., ( "Consultant ").
RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional
Services dated as of June 27, 2013 (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 of
Three Hundred Thousand dollars ($300,000) for a period of three (3) years, subject to annual
review by the City Council.
C. Amendment No. 2 to the Original Agreement provided for compensation to
Consultant in an amount of Two Hundred Sixty Thousand dollars ($260,000), for a total contract
amount of Five Hundred Sixty Thousand dollars ($560,000).
D. Amendment No 3. provided for an amendment to Section 2, Time of Performance,
of the Original Agreement, to allow, at the sole discretion of the City, to extend the term of the
Agreement on a 12 -month basis not to exceed two (2) additional twelve (12) month renewal terms.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
1. The parties now desire to increase the payment for services in the amount
of $200,000 to $760,000 and amend the agreement as set forth in this
Amendment.
2. Section 3. Compensation of the Agreement is hereby amendment to read as
follows:
City hereby agrees to pay Consultant a sum not to exceed a total of $200,000 (Two
Hundred Thousand Dollars and no cents) for the Fourth Amendment, bringing the total agreement
amount of $760,000 (Seven Hundred and sixty Thousand Dollars and no Cents). City shall pay
Consultant for services rendered pursuant to this Agreement at the time and in the manner set
forth herein. Any terms in Exhibit B other than the payment rates and schedule of payment are
null and void.
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. 4 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
Attachments: Exhibit A - Amendment No.3
Exhibit B — Original Agreement
"CONSULTANT"
Sustainable Civil Engineering Solutions, Inc.
Ati Eskandari, P.E., Principal
Sustainable Civil Engineering Solutions, Inc.
Date.
EXHIBIT A
AMENDMENT No. 3
[ATTACHED]
EXHIBIT A
AMENDMENT NO. 3
TO AGREEMENT FOR PROFESSIONAL SERVICES
Sustainable Civil Engineering Solutions, Inc.
Engineering Plan Check and Project Management Services
This Amendment No. 3 to Agreement for Professional Services ( "Amendment No. 3 ") is
made and entered into as of June 23, 2015 by and between the City of Lake Elsinore, a
municipal corporation ( "City), and Sustainable Civil Engineering Solutions Inc., ( "Consultant ").
RECITALS
A. The City and Consultant have entered into that certain Agreement for
Professional Services dated as of June 27, 2013 (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
of Three Hundred Thousand dollars ($300,000) for a period of three (3) years, subject to annual
review by the City Council.
C. Amendment No. 2 to the Original Agreement provided for compensation to
Consultant in an amount of Two Hundred Sixty Thousand dollars ($260,000), for a total contract
amount of Five Hundred Sixty Thousand dollars ($560,000).
The parties now desire to renew the Original Agreement, as set forth in this Amendment
No 3,
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:
The services of Consultant are to commence upon execution of this
Agreement and shall continue for a period of three (3) years, ending on
June 30, 2016, subject to annual review by the City Council.
The City may, at its sole discretion, extend the term of this Agreement on
a 12 -month basis not to exceed two (2) additional twelve (12) month
renewal terms 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.
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. 3 to be
executed on the respective dates set forth below.
"CITY"
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Ya City Manager
Date:`
A ST:
City Cleric
APPROVED AS TO FORM:
City Attorney
Attachments: Exhibit A -1 — Ameodmeht No.2
Exhibit B — Original Agfeement
"CONSULTANT"
Sustainable Civil Engineering Solutions, Inc.
At! Eskandari, P.E., Principal
Sustainable Civil Engineering Solutions, Inc.
Date: 6;, -2-,7 -- Is
EXHIBIT A -1
AMENDMENT NO 2 TO AGREEMENT
[ATTACHED]
EXHIBIT A -1
EXHIBIT A -1
SECOND AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF LAKE ELSINORE
AND SUSTAINABLE CIVIL ENGINEERING SOLUTIONS
FOR PROJECT MANAGEMENT AND COORDINATING SERVICES
THIS SECOND AMENDMENT is made and entered into as of May 27, 2014 by and
between the City of Lake Elsinore ( "City) a municipal corporation, and Sustainable Civil
Engineering Solutions ( "Consultant "). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
This Amendment is made with the respect to the following facts and purposes:
a. On June 27, 2013 the City and Consultant entered into that certain
agreement entitled "City of Lake Elsinore for professional Services ", in the amount of $300,000.
b. The parties now desire to increase the payment for services in the amount
of $260,000 to $560,000 and amend the Agreement as set forth in this Amendment.
2, Section 3. Compensation of the Agreement is hereby amended to read
as follows:
City hereby agrees to pay Consultant a sum not to exceed a total of $260,000
(Two Hundred and Sixty Thousand Dollars and no cents) for the Second
Amendment and bringing the total agreement amount of $560,000 (Five Hundred
Sixty Thousand Dollars and no Cents). City shall pay Consultant for services
rendered pursuant to this Agreement at the time and in the manner set forth
herein. Any terms in Exhibit B other than the payment rates and schedule of
payment are null and void.
3. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed "this. Agreement as, of the day and year first
set, forth above, which date shall be considered by the 0 rfies to� be the effective date of this
Agreement.
CITY OF LAKE ELSINORE
Natasha ohnson - ' ffiay r
Date.
Atte5t.
Virginia 13160A, & City Clerk
Date.
Approved as to Form:
CAy Atton
rey
Barb,;(ra Z. Leibolr
A-
Date., 17
CONSULTANT
Ati Eskandari, P.E. QSD
Principal
Sustainahlo Civil Engineering'Solutions, Inc.
Date: �2 _. q — I
EXHIBIT B
ORIGINAL 2013 AGREEMENT
[ATTACHED]
EXHIBIT B
FXI-iIBIT B
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement ")is made and entered into as
of the Z day of _ Ju,nt— 2013, by and between the City of Lake Elsinore, a municipal
corporation ( "City ") and Sustainable Civil Engineering Solutions, Inc ( "Consultant ").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
C. City desires to retain Consultant to render professional Engineering
Department Plan Check Services and related work as set forth in this Agreement.
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 three (3) years, subject to annual
review by the City Council,
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. And in no event shall Consultant's compensation exceed _ 300 NO.0t7
without additional authorization from the City. Payment by City under this Agreement shall not
be deemed a waiver of defects, even if such defects were known to the City at the time of
payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing
the work performed during the preceding month. Consultant's bills shall include a brief
description of the services performed, the date the services were performed, the number of
hours spent and by whom, and a description of any reimbursable expenditures. City shall pay
Consultant no later than 30 days after approval of the monthly invoice by City staff. When
payments made by City equal 90% of the maximum fee provided for in this Agreement, no
further payments shall be made until the final work under this Agreement has been accepted by
City.
5. Extra Work. At any time during the term of this Agreement, City requests 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
Professional Services Agreemcm 1 08/26/10
EXHIBIT B
6. termination. This Agreement may be terminated by the City immediately for
cause or by either party without cause upon thirty (30) days' written notice of termination. Upon
termination, Consultant shall be entitled to compensation for services performed up to the
effective date of termination.
7. Ownership of Documents. All plans, studies, documents and other writings
preparers 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. L'c nsin 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 ether 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.
L Canfidentialit . 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 simllar Medium
without the prior written consent of City.
2 09/26/10
Proressirn"nl Scrviccs Agrecmcnl
EXHIBIT B
B. Consultant's Looks 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 Mall 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 successoNn- interest.
9. Independent Contractor. It is understood that Consultant, in the performance of
the work and services agreed to be performed, shall act as and be an independent contractor
and shall not act as an agent or employee of the City. Consultant shall obtain no rights to
retirement benefits or other benefits which accrue to City's employees, and Consultant hereby
expressly waives any claim it may have to any such rights.
10. Interests of „Consultant. Consultant (including principals, associates and
professional employees) covenants and represents that it does not now have any investment or
interest in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source of income, interest in real property or investment which
would be affected in any manner or degree by the performance of Consultant's services
hereunder. Consultant further covenants and represents that in the performance of its duties
hereunder no person having any such interest shall perform any services under this Agreement,
Consultant Is not a designated employee within the meaning of the Political Reform Act
because Consultant:
a. will conduct research and arrive at conclusions with respect to his /her
rendition of information, advice, recommendation or counsel independent of the control and
direction of the City or of any City official, other than normal agreement monitoring; and
b . possesses no authority with respect to any City decision beyond rendition
of information, advice, recommendation or counsel. (FPPC Reg. 18700(x)(2).)
Professional Services Agreement 3 09/26110
r,AMD11 D
11, 1�ro #essional Abii €ty of_Consultant. City has relied upon the professional training
and ability of Consuitant 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. Corn liance 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. Li,Genses. 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 cast 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 professlon. Consultant shall maintain a City of business
license.
14, lndemnity. 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 lie uirements.
a. Insure ce. 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 Coves e. 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.
ii. General Liability coverage, e, Consultant shall maintain commercial
general liability insurance €n an amount not less than one million dollars ($1,000,040)
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.
hroicssional Services ngicemenl
4 08/26/10
EXHIBIT B
iii. Autorrrobiie Liability CC)llefa e. Consultant shall maintain
automobile liability insurance covering bodily injury and ,property damage for all act'svties
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, ill an amount
of not less than one million dollars ($1,000,000) combined single limit for each
occurrence.
iv. Professional LiabilgK (Igyera Consultant shall maintain
professional errors and omissions liability insurance for protection against claims
alleging negligent acts, errors or omissions which may arise from Consultant's
operations under this Agreement, whether such operations by the Consultant or by its
employees, subcontractors, or subconsultants. The amount of this insurance shall not
be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis,
or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy
shall be with insurers possessing a Best's rating of no loss 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 insureds 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.
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.
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.
G. Deductibles and Self - Insured Retentions. Any deductibles or self - insured
retentions must be declared to and approved by the City. At the City's option, Consultant shall
demonstrate financial capability for payment of such deductibles or self - insured retentions.
r'roressional Services Agreemcnt 5 08/26/10
EXHIBIT B
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 oil or before commencement of
performance of this Agreement. Current certification of insurance shall be Dept 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: Ken Seumalo
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Ati Eskandari
SCES
1875 California Ave
Corona, CA 92881
7. 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. AmendITIer'lts. 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 Subc gtractinct. 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 small 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. Severa#ali_t_y. 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.
Professional Services Agreemcnl 6 08 /26/10
EXIMIT C
22, Gon,trolllna_ Law Venue. This Agreement and ail 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. Ljtig atii�on „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. Mediatio ?l 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 shall the costs of mediation equally. It the
parties are unable to agree upon a mediator, the dispute shall be submitted to
JAMWENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties with
the names of five qualified mediators. Each party shall have the option to strike two of the five
mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If
the dispute remains unresolved after mediation, either party may commence litigation.
26. Execution. This Agreement may be executed in several counterparts, each of
which shall constitute one and the same instrument and shall become binding upon the parties
when at least one copy hereof shall have been signed by both parties hereto. In approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
26. A_ uthor ty to Enter Agreement. Consultant has all requisite power and authority
to conduct its business and to execute, deliver, and perform the Agreement, Each party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and to bind each respective party.
27. Prohibited Interests. Consultant maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, City shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of City, during the term
of his or her service with City, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising there from.
27. 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.
Professional Services Agreement 7 08/26/60
1:..111 11 L J I 1J
IN WITNESS WHEREOF the parties have caused this Agreement to, be executed, on the
date first written. above.
CITY OF LAKE ELSIN_ORE: CONSULTANT:
By:
"
Grant tes, City Manager Tit e:
Business License
APPROVED AS TO FORM A ST:
B ra Z Lieb. I „ C ty Attorney Virginia icom, Clerk
Attachments: Exhibit,A Scope of Services
Exhbt.'13: R,Fee Schedule
Prorossional Serviccs Agrecment 8 08/26/10
EXHIBIT "A"
SCOPE OF SERVICES
PrulServAgml 4014.000 E, XM 31T "A" —Page 1 09/08/98
III. SCOPE OF WORK
Scope of work is to provide As Needed, On -Call Plan Checking Engineering Services to
the City Public Works Department, Engineering Division in accordance with all
provisions within this RFP. These services will be on an intermittent basis. The scope of
work includes engineering review and check for correctness of plans, design calculations
and technical specifications related to materials for proposed improvements,
development of correction lists, transmittal of correction lists to the Applicant and status
updates to the City. Key resource will be latest edition of City of Lake Elsinore
Engineering Design Guidelines Manual and Standard Drawings for the preparation
and checking of Improvement plans, Drainage, and Grading Plans within Lake Elsinore.
Meetings with the applicant may or may not be required at the option of the City and will
be determined on a case by case basis. Upon approval of the submitted plans, the firm
will certify in writing that the design is in substantial compliance with applicable local,
state and federal requirements.
Ultimate responsibility for errors and /or omissions of plans and specifications will
continue to rest with the originating design firm, not the Consultant for plan checking or
the City. The selected firm(s) may assist the City with various engineering assignments
including but not limited to:
1. Plan Checking Services for Private Development Projects
• Street and Storm Drain Improvements
• Grading, Erosion Control and /or Drainage Plans
■ Construction Detour Plans
• Striping and Signing Plans
• Bridge or Retaining Wall Structures not under Building Permit purview
• Consistency with other planned improvements
Final and Parcel Maps
• Easement, Dedications
• Vacations, Quitclaims
• Lot Line Adjustments
Parcel Mergers
• Water Quality Management Plans
2. Review of Plan Check Submittal Items and Reports
• Road Structural Section Calculations
• Hydrology and Hydraulic Calculations and Reports
• Street Layout and Design
• Structure Calculations not under Building Permit purview
• Traffic Reports or Studies
• Quantity Estimates
• Engineer's Cost Estimates
• Soils /Geological Reports
• Compliance With Current NPDES Permits
3. Review of Technical Specifications for Proposed Improvements in City Road Right
of Way
• Road Structural Section components
• Trench backfill and restoration
• Storm Drain line and appurtenances
• Traffic Signal components
Signing and Striping
4. Work Flow Methodology
Review for completeness of submittals
• Document submittal deficiencies and advise the City as necessary
• Identify any additional reference materials required for a thorough plan check
such as related offsite improvernent plans, studies or reports.
• Conduct site visit as necessary.
5. provide other Engineering and /or Transportation related professional services as
requested in the areas of Plan Checking and /or Development Review technical
support.
6, Plan Check Time
Initial Submittal —
• For typical small private development projects with less than five plan
sheets a maximum ten (10) business day turn around time is expected.
• For larger more complex projects with six or more plan sheets a
maximum fifteen (15) business day turn around time is expected.
Subsequent Submittals / Resubmittals
• For typical small private development projects with less than five plan
sheets a maximum five (5) business day turn around time is expected,
• For larger more complex projects with 6 or more plan sheets a maximum
ten (10) business day turn around time is expected.
Turn around time will be considered to start the date when the submittal has
been received by the Consultant. End time will be considered the date that the
plan check comment letter is sent out to the applicant. Receipt may include hard
copy or electronic mail copy. Details on procedures will be negotiated with the
Consultant.
Provide a "Fast Track" expedited on demand review time between 3 to 5
business days depending on complexity of project.
7. Design /Plan Check Criteria and Standards
• Attachment B includes this information
Suggestions by Consultant of recommended changes to Cu
rren# plan check
policies, procedures and guidelines should be made to the City as needed to
facilitate the work flow efficiency of both the City /Consultant as well as clear
understanding by the private development community.
8. Fees
Consultant shall fill in fully burdened rate fees for various plan check types using the
form in
Attachment A. The City will not pay "costs ".
9. Final Submission — Mylar submission to City Hall
10. Develop Check List — consultant shall review and within first year, evaluate and
as needed make recommendations to improve current Engineering Plan Check
Criteria and Checklists,
EXHIBIT "B"
SCHEDULE OF CHARGES
Pro lScry Ago it, a014 .000
EXHIBIT "13" — Page 1 09/08198
Per sheet charge of $_1 50.00 will be required on each subsequent plan
submittal over four (4) for plan check.
Fast Track performance fees shall be _ 1.a times those shown above.
c r,
. R C. � Bt ' '
100 Cubic Yards or
$200.20
I dl
.3, '
75% of City's fees
Less-
0-$50,000
4,5%
75% of City's
101 — 1,000 Cubic
$220.00 for the first 100 cubic yards, plus
75% of City's fees
' i of
75% of City's fees
Yards
$50.00 for each additional 100 cubic
' of
!0f 000 I
yards or fraction thereof x 91%
of
75% of City's fees
1,001 — 10,000 Cubic $670.00 for the first 1,000 cubic yards,
Yards:
plus $50.00 for each additional 1,000
cubic yards or fraction thereof x 91%
75% of City's fees
10,001 -- 100,000 Cubic $1,120.00 for the first 10,000 cubic yards,
Yards:
plus $190.00 for each additional 10,000
cubic yards or fraction thereof x 91 %
100,001— 400,000
$2,$30.00 for the first 100,000 cubic
75% of City's fees
Cubic Yards:
yards, plus $110.00 for each additional
100,000 cubic yards or fraction thereof x
91%
Over 400,000 Cubic
$6,130.00 for the first 400,000 cubic
75% of City's fees
Yards:
yards, plus $110.00 for each additional
100,000 cubic yards or fraction thereof x
91%
REVISIONS to _
$450.00 per sheet
80% of City's fees
approved plans
Per sheet charge of $_1 50.00 will be required on each subsequent plan
submittal over four (4) for plan check.
Fast Track performance fees shall be _ 1.a times those shown above.
c r,
. R C. � Bt ' '
i! �'�'F
I dl
.3, '
��y� -fit ,� I it
� {' .�E • 1 ' Sr7`�� 3'�F � IK•.n � J4..��rLw 'i
0-$50,000
4,5%
75% of City's
$50,0004300,000 It
4.0%
75% of City's fees
' i of
t i t
3.5%
$700,06-6-s 1,000,0000
' of
!0f 000 I
of
Revised or Re4'iesigncd
Public Works Improvement
Plans
$454 per sheet
—
80% of City's fees
8D °!° of City's fees
Traffic Signing & Striping,
$450 per sheor
Traffic Control, Maul Route
Plans (as part of
improvement plan set)
Traffic Control as part s3f`
1'cr hour rate for
$145 per hour
encroachment permit
review time
application (11x17)
11 =O111,mgr- u..�.:.._......_..
Public Works 7.5% '1511" of Guy's fees
Improvement Plans -Based
on Engineer's Estimate
Additional per sheet charge of $_IbO.00 will be required on each
subsequent bond copy plan re- submittal over four (4) the above may be made on the
flfth submittal for plan check. (Mylar submittal Is included in the initial fee.)
Fast 'Track performance fees shall be _1.5 times those shown above. Fast
Track is expedited, on demand with turn around time between 3 to 5 business days.
fi i s n y se•e, .,- ,. _....: .... _ -... $oa /b Of City's fees
Tinal Tract Map $1,700 + $55 per y
Parcel Map $1,600 + $45 per 80% of City's fees
R.eces-rgneTTrct+i'arce7 s in
Process
Revised Approved'TractlParcel $450 per sheet _ 80% oPcity's fees
Maps
Lot Line Adjustments -Two hots $400 80% of City's fees
VnL
Lot Line Adjustment -More than $500 -r- $55 per lot 80 °/° of City's fees
two lots
l7edicatlpn: >asement, Itigltt of $44(f RQ °i° of City's fees
Certificate of Compliance $450 80% of City's fees
Parcel Merger $400 t-$25 per lot - 80% of !:fly's Pecs
Street AbatidoarnenWacation $1,100 80% of City's fees
C ortif catc of Correction $450 - -- — 80 %d of City's fops
Water Quality Management Plan $1,750.00 9.010 of City, sfees
(W'QMI') Review
PRELIMINARY
Water Quality Management Flan $1,750,00 90 % of City's foes
(WQMP) Roviow - FINAL