HomeMy WebLinkAboutItem No. 12 1st Amend PSA Surveyor Svs La Laguna RV ParkText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-325
Agenda Date: 8/22/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 12)
Page 1 City of Lake Elsinore Printed on 8/17/2017
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by:Jason Simpson, Assistant City Manager
Date:August 22, 2017
Subject:First Amendment to Professional Services Agreement (PSA) for
Surveyor Services for the Rehabilitation of La Laguna Recreation
Vehicle (RV) Park with Dennis Janda Inc.
Recommendation
Authorize the City Manager to Execute a Frist Amendment to Professional Services Agreement
for Surveyor Services for the Rehabilitation of La Laguna Recreation Vehicle (RV) Park with
Dennis Janda Inc. in the amount of $30,000.00, subject to approve as to form by the City Attorney.
Background
On December 6, 2016, the City and Dennis Janda Inc. entered into an agreement for initial
surveyor services in support of the RV Resort Rehabilitation project. Critical to the construction
phase of this project is accurate surveying services. Both on and off-site services are required to
perform construction calculations, construction site layouts for above and below ground precision
measurements. Surveying services provide horizontal and vertical control limits as detailed on the
construction documents. Additional surveying services will include but not be limited to the below
items:
Various field crew services
Site control & elevation verification & demo limits
Site development for grading street curb and gutter
Storm water run-off retention basin, area drains & cleanouts
Water - domestic and fire appurtenances (fire water line)
Sewer lift station and gravity sewer line
Roads, sidewalks and ramps
Light standards & transformer pad
Electrical & gas lines
Building locations and elevations per plan
First Amendment Dennis Janda Inc.
August 22, 2017
Page 2
Discussion
At this time the survey services of Dennis Janda are currently utilized in support of the RV Resort
Rehabilitation project and will continue until the project is completed. This First Amendment will
provide for the surveying services through the site development and construction completion of
RV Park Rehabilitation project. Dennis Janda Inc. has been a part of a very specialized team of
professionals providing services to the City for design and site development and will continue
providing needed survey support throughout the construction phases of this projects.
Fiscal Impact
The services are funded in the FY17-18 CIP Campground Budget.
Exhibits
A First Amendment
B Original Agreement
AMENDMENT NO. 1 TO AGREEMENT
BETWEEN THE CITY OF LAKE ELSINORE AND
DENNIS JANDA INC.
LA LAGUNA RV RESORT REHABILATION PROJECT
AMENDMENT NO. 1 is made and entered into as of August 22, 2017 by and
between the City of Lake Elsinore, a municipal corporation (‘‘City") and Dennis Janda Inc.
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
A. On December 6, 2016, the City and Consultant entered into that certain
agreement entitled “Agreement for Professional Services” (the “Original Agreement”).
2. Section 3. Compensation of the Agreement is hereby amended to read as
follows:
The compensation to the agreement shall be increased by thirty thousand Dollars
and No Cents ($30,000.00). The total compensation will equal Sixty Thousand Dollars and
No Cents ($60,000).
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONSULTANT”
DENNIS JANDA INC.
Dennis Janda, Owner
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF LAKE ELSINORE AND
DENNIS JANDA INC.
LA LAGUNA RV RESORT
This Agreement for Professional Services (the "Agreement") is made and entered into as
of December 6, 2016 by and between the City of Lake Elsinore, a municipal corporation ("City")
and Dennis Janda lnc. ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services. La
Laguna Recreational Vehicle Resort Pro1ecl.
B. Consultant has submitted to City a proposal, attached hereto as Exhibit A
("Consultant's Proposal") and incorporated herein, to provide professional services to City
pursuant to the terms of this Agreement.
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to perform lhe services described in this Agreement on the terms and conditions
described herein.
D. City desires to retain Consultant to perform the services as provided herein and
Consultant desires to provide such professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the services described in
Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and
in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City
through its staff that it may provide from time to time.
2. Time of Performance.
a. Time of Essence. Time is of the essence in the pedormance 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 writlen 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.
Dennis Janda lnc 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. ln no event shall Consultant's compensation exceed thirty
thousand dollars and no cents ($30,000.00) without additional wntten 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 Pavment. 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 woTk 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. lf 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. ln the event this Agreement is terminated pursuant to thjs Section, the
City shall pay lo 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 termrnation 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 nght 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, Iosses, damages, injuries, and liability, direct or indirect (including
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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. Licensino of lntellectual Propertv 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 lhe 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 rn 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 minrmum 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
inspectron 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.
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d. Where City has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termrnation 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,
Consultanl's representatives, or Consultant's successor-in-interest.
8. lndependent Contractor. lt 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 Eliqibilitv lndemnification ln 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 otheruise 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. lnterests 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 informataon, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11. Professional Abilitv 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
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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 rn 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 requlred
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 trmes 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. lndemnitv. Consultant shall indemnify, defend, and hold harmless the City and
its officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury,
bodily injury, loss of life, or damage to property, or any violation of any federal, state, or
municipal law or ordinance, to the extent caused. in whole or in part, by the willful misconduct or
negligent acts or omissions of Consultant or its employees. subcontractors, or agents, by acts
for which they could be held strictly liable, or by the quality or character of their work. The
foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to
property, or violation of law arises from the sole negligence or willful misconduct of the City or its
officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees,
subcontractor, or agents have contributed in no part to the in.jury, loss of life, damage to
property, or violation of law. lt is understood that the duty of Consultant to indemnify and hold
harmless includes the duty to defend as set forth in Section 2778 of lhe California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement
does not relieve Consultant from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for
damages whether or not such insurance policies shall have been determined to apply. By
execution of this Agreement, Consultant acknowledges and agrees to the provisions of this
Section and that it is a material element of consideration.
15. lnsuranceReouirements.
a. lnsurance. 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 Coveraoe. Consultant shall matntain
Workers' Compensation lnsurance and Employer's Liability Insurance for his/her
employees in accordance with the laws of the State of California. ln addition, Consultant
shall require each subcontractor to similarly maintain Workers Compensation lnsurance
and Employer's Liability lnsurance 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. ln the event that Consultant is exempt from Worker's
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Compensation lnsurance and Employer's Liability lnsurance 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 lnsurance in a form approved by
the City Attorney.
ii General Liabilitv Coveraoe. 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. lf 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 lnsurance Services Office Commercial General Liability occurrence form CG
0001 (ed. 11l88) or lnsurance Services Officeform numberGL 0002 (ed. 1/73) covering
comprehensive General Liability and lnsurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability. No endorsement may be
attached limiting the coverage.
iii. Automobile Liabilitv Coveraoe. 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 lnsurance
Services Office Automobile Liability form CA 0001 (ed. 12190) Code 1 ("any auto"). No
endorsement may be attached limiting the coverage.
iv. Professional Liabilitv Coveraoe. 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:Vll and shall be
endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insured with respect to liability
arising out of work performed by or on behalf of the Consultant, including materials,
parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the
City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
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iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its
elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) days written
notice has been received by the City.
c. Deductibles and Self-lnsured 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 lnsurance. 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 wlth 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.
lf to City:
With a copy to.
lf to Consultant:
City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
Dennis Janda lnc.
421 64 Remington Avenue,
Temecula CA 92590
Phone # (951) 699-8874
dennisj@pmcmap.com
17. Entire Aqreement. This Agreement constitutes the complete and exclusive
statement of Agreement between the City and Consultant. All prior written and oral
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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. Assiqnment and Subcontractino. 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. lf 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. Severabtlitv. lf 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. Controllino 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. Litioation Expenses and Attorneys' Fees. lf 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. lf 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 medaators selected by JAMS and
thereafter the mediator remaining shall hear the dispute. lf 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. ln approving this
Agreement. it shall not be necessary to produce or account for more than one such counterpart.
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26. Authoritv to Enter Aoreement. 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 lnterests. 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 Opportunitv Emplovment. 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. Prevailino Waqes. Consultant is aware of the requirements of California Labor
Code Section 1720, et seq., and 1770, el 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 parlies
when at least one copy hereof shall have been signed by both parties hereto. ln approving this
Agreement, it shall not be necessary to produce or account for more than one such counterpart.
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lN 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
Attachments. Exhibit A - Consultant's Proposal Dated December 7,2016
.CONSULTANT'
Page 1 0
EXHIBIT A
CONSULTANT'S PROPOSAL
[ATTACHED]
COVERAGES CERTIFICATE NUMBER: cert rD s253 REVISION NUMBER:
ACORif CERTIFICATE OF LIABILITY INSURANCE DATE (NIM/DO/YYYY)
L2/09/20L6
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS
CERTIFICATE OOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PROOUCER
SErachota Insurance Agency, Inc.
277L0 Jefferson Ave., Stse. 100
Temecula CA 92590
INSURED
Dennis ,fanda Inc.
42154 Remington Avenue
Temecula CA 92590
UgNIAUI.NAr\rE_: __
f^r--r,'3H*" (, irl iruu, -----Ti-I.-;,,
E.MAIL
AODRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
llsu]rEElt !h!e ! su9lly rrrEurelce qoErpe4y . Uqo
TNSURERE] lhie lejgflEy I!E!Ii4q,e co4pely 240a2
TNSURERC: Landnark American Insul?rlqe Co.
]
,4!t
I
INSURER E: ,
INSURER F :
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT. IERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'li{ ttr. oF rNsuRANcE f"t'rtlt^X,T poLrcy NUMBER ,rt3,tJ$I',,ittt, ],,,rff)-JBlrtri,?; LrMrrs
x I coMMERctAL GENERAL LtABtLlry
I
| ..o,"a-rooe x ioccun
l
GEN'L AGGREGATE LIMIT APPLIES PERil ,o.,", [_ :fS; Loc
r OTHER:
I EACH OCCURRENCE $lffi0L/24/20L610Ll24l201? PREMISES (Ea occurrencel - $
I MED ExP (Any one person) s
I PERSOT\AL & ADV TNJURY $
GENERAL AGGREGATE $
] ;oou"i.-*ooo t
I
-n
000, 000
!00.!!r9-
_1!.,.0 0_0_
900_! 0q0
q9!r !00
000, 000
YY BKO56173895
1
2
2
AUTOMOBILE LIABILITY
" ] l ANYAUTo Y
ALLO\ANED V I SCHEDULED
] AUTOS LJ ] AJTOS
X r.rneo ruros * ] ^'3|;or*tolllll
] r".?Y3ltt"H,i'""ttt''' ' s r,ooo,ooo
ly BAS56t7389G Lt/Og/20j.6 tL/OA/20t7 BODILY NJURY(Perperson) $
BODILY INJURY (Per accrdent) $
I PRC,PERTY DAI\iIAGE
$
I UMBRELLA LIAB I ^^^,,I -...-..'-- -,^- I ocuuR
i excess lns i c'o,n s-,rrooe
I DED RETENTIONS
I EAcHoccURRENcE I $
; AGGREGATE re -
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERi EXECUTIVE
OFFICER/MEMBER EXCLUDEO?
{Mandalory in NH)
lf yes, descfibe under
DESCRIPTiON OF OPERATIONS below
Y/Nfl *,
PER OTH.STATUTE ER
L.lqql"qo.rl1 -1qE L ,qr_s.EAxqj14!\,1?LQIEq q
E,L DISEASE. POLICY LIMIT $
C ProfessionalLiabiliEy 05/08/2016 05/08/2017 Per Claim
Aggregate
r,HR829320
S
$
r.,000,000
1,000,000
DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (ACORDl0l,AdditionalRemarksSchedule,maybeattachedifmorespaceisrequired)
City of Lake ELsinore, j-ts elect,ed or appoint.ed officers, officials, employees. agents and
voluntseers are an additsional insured with respects to the General Lj.abiIit.y per t.he attached
CG88100413 endorsement. AIso an addiEional insured wit.h respectE Eo the Comercial Automobile per
the attached CA88100113 endorsemenL. Insurance is Primary and Non-ConEributory. Waiwer of
Subrogation applies.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE OESCRIBEO POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.City of Lake Elsinore
130 South Main SE. I AUTHORIZEOREPRESENTATIVE
Lake Elsinore CA 92530 i .k, Li_a.Nrr ).ij;+..._
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (20141011 The ACORD name and logo are registered marks of ACORD
Pag,'1of 1
n !f DENNTs JANDA, TNcoRpoRATED ??t?irt'T,tTo#l"ot*"
Wll Xtr331,?3lXX:YrNG
SERVT.ES E:;iiiil,ilil,f8h#ffi6ee 8s68
www.diimao.com
SCOPE OF WORK
By: Dennis W. Janda PLS
Ordered by: Jason Simpson
Date December 7, 2016
Job: La Laguna RV Resort
Lake Elsinore
Description of Work: The following work order includes all field/office personnel and/or materials for
on and offsite work. All construction calculations will be performed by this office to conform to the
approved plans. Any discrepancies'with the plans will be coordinated and resolved with the engineer
of record and/or clients representative prior to staking. Based on State Prevailing Wage Laws
SCOPE OF WORK (lncludes on and offsite work) Construction Stakinq
Construction Staking for items listed below:
INCLUSIONS:
. Plan review, calculations, field crew preparation
. Site Control& Elevation verification & demo limits
. Rough Grading Stakes
, Rough Grading Stakes for curb & gutter
. Slope stakes for all slopes
. Building Pad Certification
. Drainage
. Storm Drain, Area Drains & Catch Basins
. Sewer line, manholes & cleanouts
. Water - Domestic
.Fire water line and Fire Appurtenances
. Light standards & Transformer Pad
. Utility Lines
. Rough grade certification (3 mobilizations)
. Supervision & Management
As tist in the outlined services above stakes shall be provided in the following manner or as
agreed upon prior to construction:
Rough Grade: Parking area curb shall be staked at all critical angle points, radius points, grade
breaks and end points with grade to top of curb elevations; ridge lines and flow lines shall be staked
on 50' intervals plus curve points, angle points, and grade breaks with grades to finish surface or flow
line elevations; Where no parking curb is proposed, stakes along contour lines staked on 100'
intervals angle points or grid points with 100' spacing shall be provided with grades to design
elevation;
Storm Drain stakes shall be set at 25' intervals, plus angle points and grade breaks, with elevation
referenced to flow line invert, including drop inlets with grate elevation, catch basins with local
depression and manholes with rim elevations.
Page I nf3
Sewer stakes shall be set at 25' intervals plus curve points, angle points, and grade breaks with
elevation reference to flow line inved, including clean outs, manholes and monitoring stations with
grade to finish surface elevations.
Water stakes shall be set at 50'intervals plus angle points, and grade breaks including
appurtenances.
Electrical stakes shall be set at 5' offset from location of facility, either center of Light Standard,
Comer of Transformer Pad, VaulUPull Box or Meter Location with grades to nearest finish surface
elevation or top of curb. Street Curb & Gutter crossings shall be staked with grades to TC.
Gas/TelephonelJoint Trench stakes shall be set at 50'intervals plus angle points, and grade breaks
including appurtenances.
1. Horizontal and Vertical Control, Establish Control. $et Temporary on site Benchmark
2. Rough Grade. Rough Grade Stakes
' Pad Certifications. Detention Basin
3. Storm Drain Stakes. Onsite Storm Drain main lines. Area Drains. Catch Basins
4. Sewer Stakes
5. Domestic and Fire Water Stakes (Mains and Appurtenances)
6. Electrical. Onsite lines. Xings and Transformer pads
$ 4200.00
$ 9,500.00
$ 5500.00
$ 4900.00
$ 3200.00
$ 2700.00
Total:$30,000.00
SJSRTING DATE
Work commencement will be based upon the receipt of the signed Work Order Agreement
along with current plans and DWG files and then normal construction practice { within 48 hrs of notice
from when stakes for each task is requestedi.
Basls of Charge: Fixed fees for contract $ $30,000.00
Brlls arc rendererl nronthly fur rvork donc rn lhe prccedrng nronth, on<j are due and payablc upon prcscntatton
Thc standord provislons sct forth upon thc rcvcrsc rldc lrc lncorporrlrd hcreln to and mnde I part of ihis sgreamcnt.
lN WITNESS \vHf REOF, ihc psrtlcs hercto hove rcccpted, mndc ond crccu(cd lhb agrccmcnt upon the lcrms, condi(ionr rrd prorlslons
abotc stllrd and on the rcYcrsc slde hcrcof. thc day rnd ycar first above rrritlcn, cllcnt ond consultonl agrcc thot thc latc paymcnl chargc
provldcd for in Paragroph 33 of ahc Standurd Provlslons of Agrtcmcnl rholl be 1.5% pcr monlh.
Should this estimate meer with your approval and or rfyou have any questions please do not hesitatc to contact me .r; (951) 699 8874
Thank you ior your consrderatron,
CLTENT:
DATE
Page 2 of 3
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